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HomeMy Public PortalAbout1991_02_26_O011The Town of Leesburg, Virginia PRESENTED February 26, 1991 ORDINANCE NO. AN ORDINANCE: 91-0-11 ADOPTED February 26, AMENDING ARTICLE V SECTION 11-81 OF TI-I~ TOWN CODE "REGUI~TIONS FOR USE OF PARKS" 1991 WHEREAS, Town Council desires to maintain the security and promote the health, safety and general welfare of all persons within public park areas; and WHEREAS, Town Council also desires to increase protection of facilities, wildlife and flora within these public properties: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 11-81 of the Town Code is amended to read as follows: Sec. 11-81 Regulations for Use of Parks 11.81-1. Definitions. For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context~ words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. A._~. "TOWN" is the Town of Leesburg; B_. "DIRECTOR" means the Director of Parks and Recreation, and includes any person whom the Director designates to act for the Director hereunder; "PARK" those areas, now or in the future operated and maintained by the Town of Leesburg Department of Parks and Recreation, are defined to mean parks, public lands, playgrounds, recreation fields, museums, buildings, lakes, bays, streams, canals, channels, lagoons, waterways, water areas, submerged lands, therein and all public service facilities located on or in grounds, waters, buildings and structures in the Town of Leesburg which are under the control of or assigned for upkeep, maintenance or operation by the Town of Leesburg, AN ORDINANCE: REGUI.~TIONS FOR USE OF PARKS Department of Parks and Recreation; D_~. "PERSON" is any person, firm, partnership, associations, corporation, company or organization of any kind; 'WEHICLE" means every device in, upon or by which any person or property. may be transported upon a highway, except devices other than bicycles moved by human power; "PERMIT" is any written license issued by or under the authori .ty of the Director of Parks and Recreation, permitting the performance of a specified act or acts; G_~. "PARKING" means the standing of a vehicle, whether occupied or not. H__~. "DEPARTMENT" when used hereinafter, is defined as the Department of Parks and Recreation for the Town of Leesburg. 11.81-2. Park Property. No person in a park shall: 1. PROPERTY: Ao Disfiguration and Removal. Willfully mark, deface, disfigure, injure, tamper with or displace or remove any building, bridges, tables, benches, fireplace, railings, signs, tree guards, oaving or paving material, public utilities or parts or appurtenances thereof, signs, notices or placards whether tempora .ry or permanent, monuments, stakes, posts or other boundary marks, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. Restrooms and Washrooms. Fail to cooperate in maintaining restrooms and washrooms in as neat and sanitary condition as prior to personal use, nor shall any person over the age of six (6) years use the restrooms and washrooms designated for the opposite sex. Removal of Natural Resources. Dig or remove any sand, soil, rock, stones, water, trees, shrubs, flowers or plants, downed timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency. Erection of Structures. Construct or erect any building structure or utility service of whatever kind, whether permanent or temporary in character in any park except by special written permit issued hereunder. E_. Paint or Spray Paint. Have on or in their possession paint or spray paint of any TREES, SHRUBBERY, LAWNS: Inju .ry and Removal. Damage, cut~ carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant; nor attach any rope, wire, or other contrivance to any tree or plant; or dig in otherwise distributed grass areas, or in any other way injure or impair the natural beau .ty or usefulness of any area. B. Climbing Trees, Etc. Climb any tree or walk, stand, sit or attach any rope or AN ORDINANCE: REGULATIONS FOR USE OF PARKS 3 cable or other contrivance upon monuments, vases, fountains, railings, fences, buildings or upon any other property not designated or customarily used for such purposes. WILD ANIMALS, BIRDS, ETC.: Ao Hunting. Hunt. moles~ frighten, kill, trap, chase, tease, shoot, or throw oroiectiles at any animal, reptile or bird; nor shall any person remove or have in his possession the young of any wild animal, or the eggs or nest, of any reptile, bird or other animal. B. Feeding. Give or offer, or attempt to give to any animal or bird any tobacco, alcohol, other known noxious substances. 11.81-3. Sanitation. No person in a park shall: POLLUTION OF WATERS. Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of water in or ad. iacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liouid or solid, which will or may result in the pollution or littering of said waters. RUBBISH AND REFUSE MATTER. Have brought in or shall dump, lay, cast, drop, discharge, deposit or leave any bottles, rubbish, waste, garbage or refuse, or any other trash. No such refuse or trash shall be placed in any water in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, ail such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of. 11.81-4. Traffic. No person in a park shall: MOTOR VEHICLE LAWS APPLY. Fail to comply with all applicable provisions of the State and town motor vehicle traffic laws in regard to equipment and operation of vehicles together with such regulations as are contained in this and other ordinances. ENFORCEMENT OF TRAFFIC REGULATIONS. Fail to obey all police officers and park attendants, such persons hereby being authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementa .fy regulations as may be issued subsequently by the Director. OBEY TRAFFIC SIGNS. Fail to observe all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for proper control and to safeguard life and property. SPEED OF VEHICLES. Ride or drive a vehicle at a rate of speed exceeding 25 miles per hour, except upon such park roads as the town may designate, by posted signs for other speed limits. OPERATION CONFINED TO ROADS. Drive any vehicle on any area except the paved park roads or parking areas, or such other areas as may on occasion be specifically designated as tempora .ry parking areas by the Director. SNOWMOBILES, ETC. Operate in any park or recreation area snowmobiles, mini- bikes, motor.cycles, go-carts, ATVs, mopeds, or any other vehicle except in areas AN ORDINANCE: REGUI~TIONS FOR USE OF PARKS specifically designated by the Director for such use. TRUCKS AND COMMERCIAL VEHICLES. Shall operate in or through any park, any trucks or commercial vehicles with a gross weight in excess of five (5) tons, except for the delivery of the load thereon for use in such parks as expressly approved by the Director. 8_. PARKING. A. Designated Areas. Park a vehicle in other than an established or designated parking are~ and such use shall be in accordance with the posted directions and with the instructions of any park attendant or police officer who may be present. B__. Prohibited Activities. Park a vehicle in a park for the expressed purpose of washing, repairing or maintaining the same. C_~. Double Parking. Double park any vehicle on any road or parkway unless directed by a park attendant or police officer. 9~ BICYCLES. Confined to Roads. Ride a bicycle on other than a vehicular road or path designated for that purpose. A bi.cyclist shall be permitted to wheel or push a bicycle by hand over any grass area or wooded trail or any paved area reserved for pedestrian use. 10. SKATEBOARD, ROLLERSKATE, ETC. A. Confined to Specific Areas. Ride a skateboard or rollerskate on or in an area not designated specifically for skateboarding or rollerskating. B_. Hard-Surfaced Areas. Ride a skateboard or rollerskate on sidewalks, basketball courts, volleyball courts, tennis courts or other hard-surfaced areas. 11.81-5. Prohibited uses of parks. No person in a park shall: DISTRIBUTE OR DISPLAY. Post` paint` affix, distribute, hand out, deliver, place, cast, or leave about any bill, billboard, placard, ticket, handbill, circular, or advertisement; display any flag, banner, transparency, target, sign, placard or any other matter for advertising purposes; operate any musical instrument for advertising purposes or for the purpose of attracting attention to any exhibit, show, performance, or other display unless expressly authorized through permit by the Director. CONTRIBUTIONS. Solicit contributions for any purpose without written approval of the Director of Parks and Recreation. 3_. BATHING AND SWIMMING. Designated Areas. Swim, bathe, wade in any waters or waterways in any park, except in such waters and in such places as are provided therefore, and in compliance with such regulations as are herein set forth or may be hereinafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate when such activity is prohibited by the Director upon a finding that such use of the water would be dangerous to public health or welfare. AN ORDINANCE: REGUI~TIONS FOR USE OF PARKS B_~. Bath Houses. Dress or undress in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for that purpose. 4_. FISHING. Designated Areas. Fish in any park waters, whether by the use of hook and line, net trap, spear, gig, or other device, except in such waters thereof as are or may be designated by the Director for that use and under such regulations and restrictions as have been or may be prescribed by said Department. HUNTING AND FIREARMS. Hunt~ trap or pursue wildlife at any time. No person shall within a park use, carry, or possess firearms of any description, or air rifles, sorinff guns, bow and arrows, slings or any other forms of weapons potentially dangerous to wildlife and to human safety or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Discharging firearms into park areas from beyond park property' boundaries is forbidden. 6_. PICNIC AREAS AND USE. Ap Regulated. Picnic in a place other than those designated for that purpose. Park attendants shall have the authority to regulate the activities in such areas when necessa .ry to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given by park attendants to achieve this end. B. Availability. Violate the regulation that use of the individual grills together with tables and benches follows generally the rule of "first come, first served." Non-exclusive. Use any portion of the park areas or any of the buildings or structures therein without a permit issued by the Director, for the purpose of holding activities to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded. Reservations. Reservations for shelters only may be obtained by paying a fee, as determined by the Department of Parks and Recreation for exclusive use during said time period. Permits will be issued upon payment of fee and must be in the possession of users to be valid. Duty of Picnicker. Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes~ papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area to be properly disposed of. CAMPING. Without a permit from the Director, set up tents, shacks, or any other tempora .fy shelter for the purpose of camping, nor shall any person leave after closing hours any equipment~ structure or vehicle to be used or that could be used for such purposes, such as house trailer, camp trailer, camp wagon or the like. GAMES. Take part or abet any recreational activity or the playing of any games except in areas set apart therefor. HORSEBACK RIDING, ETC. Ride, drive, or lead a horse except on park drives or trails, as designated by the Director. Where oerraitted, horses shall be thoroughly broken and properly restrained, and ridden with due care, and shall not be allowed to graze or go unattended, nor be hitched to any rock, tree and shrub. No hoofed animals AN ORDINANCE: REGULATIONS FOR USE OF PARKS will be allowed on turf areas. MISSILES AND FIREWORKS. Carry, shoot~ fire, explode or throw any fireworks, firecrackers, rockets, torpedoes or missiles of any kind in any park without a permit from the Director. PHOTOGRAPHY. Without prior written authorization by the Director, make still or moving pictures that involve the use of special settings, structures, lighting or apparatus, or the performance of a cast of persons, either amateur or professional, or the posing of professional models; said written permission may be issued only when such activities will permit normal use of park facilities by other visitors. However, the provisions of this section do not in any way restrict the use of cameras by amateur photographers. 12. SLEIGH-RIDING. Sleigh-ride in an area not designated as a sleigh-riding area. 11.81-6. Meetings and Concessions. No person shall: MEETINGS. Hold or take part in any public meeting or event, religious, political, charitable or otherwise, including picnic parties and entertainment for charitable or religious purposes, in any public park without first obtaining permission from the Director. Such assemblages shall be conducted in a lawful and orderly manner; and shall occupy such grounds and facilities as may be assigned to or reserved for them. CONCESSIONS. Sell or offer for sale any food, beverage, refreshments or any article or service whatsoever in any park or recreation area except by concessionaires under contract with the town by non-profit~ charitable or religious aTOUOS, authorized by permit from the Director. 11.81-7. Behavior. No person in any park shall: INTOXICATION. Have entered or be in or remain in a park or recreation area under the influence of alcoholic beverages or drugs. ALCOHOLIC BEVERAGES/ILLEGAL DRUGS. Have in his/her possession at any time in any public park, recreation area, or park facility, alcoholic beverages or illegal drugs. DOMESTIC ANIMALS. Have been responsible for the ent .fy of a cat, dog or other domestic animal into a park or recreation area unless carried, led by a chain, strap or rope, or kept in a wagon, automobile or other vehicle. Dogs, cats or other domestic animals shall not be permitted to enter any lake, pond, fountain, swimming p0ol, stream, court areas, or food and beverage concession area within any park or recreation area. No animal shall be allowed to be curbed in any park area without cleanup by owner or responsible party. Seeing-eye dogs shall be excluded from the provisions of this regulation. NON-DOMESTIC ANIMALS AND REPTILES. Have been responsible for the ent .fy of any non-domestic animal or reptile. FIRES. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Director. No person shall drop or throw or otherwise scatter lighted matches, burnin~ cigarettes or cigars, tobacco paper or other inflammable material within any park area or on any highway, road or street abutting or contiguous thereto. CLOSED AREAS. Enter an area posted as "Closed To The Public" or "No Trespassing," nor shall any person use or abet the use of any area in violation of posted notices. 6 AN ORDINANCE: REGULATIONS FOR USE OF PARKS GOING ONTO ICE. Go onto ice on any of the waters except such areas designated as skating areas and posted as such. 8_. DISORDERLY CONDUCT AND DISTURBING THE PEACE. Shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following in any town park: A. Engaging in fighting, in threatening harm to persons or property., or in violent or turbulent behavior~ B. Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person~ C. Insulting, taunting, or challenging another under circumstances in which such conduct is likely to provoke a violent response; Do Hindering or preventing the movement of persons on a public street~ road or right-of-way, or to, from, within or upon public property., so as to interfere with the rights of others, and by any act which serves no lawful and reasonable purpose of the offender; Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property, by any act which serves no lawful or reasonable purpose of the offender. EXHIBIT PERMITS. Fail to produce and exhibit any permits from the Director upon request of any police officer or park attendant who shall desire to inspect same. 10~ INTERFERENCE WITH PERMITTEES. Disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity, under the authority of a permit. 11~ WEAPONS. Have in or on their possession any weapon of any type. 11.81-8. Park Operating Policy. AUTHORITY. The Director shall have the authority to bar individuals from park property for serious or repeated violation of park regulations. To enforce this bar, a no trespass notice shall be issued to the violator. HOURS. Parks shall be open to the public eve .ry day of the year from 6:00 A.M. to 10:00 P.M., except park facilities with special hours of operation which shall be posted thereon. Special permission from the Director is required for any persons to remain in any park area outside regular hours. CLOSED AREAS. Any section of any part of any park may be declared closed to the public by the Director at any time or for any interval of time, either temporarily or at regular and started intervals and either entirely or merely to certain uses, as the Director shall find reasonably necessary. PERMIT. A permit shall be obtained from the Director before participating in a park activi .ty prohibited by these rules: Application. A person seeking issuance of a permit hereunder shall file an application with the Director. The application shall state: the name and address of the applicant; the name and address of the person, persons, AN ORDINANCE: REGULATIONS FOR USE OF PARKS corporation or association sponsoring the activi ,ty, ff any; the day and hours for which the permit is desired; an estimate of the anticipated attendance; any other information which the Director shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder. Standards of Issuance. The Director mag issue a permit hereunder when he finds: that the proposed activity or use of the park will not unreasonably interfere or detract from the general public eRioyrnent of the park; that the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation; that the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct; that the proposed activity will not entail unusual, extra- ordinary or burdensome expense or police operation by the town; that the facilities desired have not been reserved for other use at the day and hour required in the application. Appeal. Within seven (7) days after receipt of an application the Director shall either issue a permit or apprise an applicant in writing of his reasons for refusing a permit~ and any aggrieved person shall have the right to appeal in writing within five (5) days to the Town Manager which shall consider the application under the standards set forth in sub-section (B) hereof and sustain or overrule the Director's decision within 15 days. The decision of the Town Manager shall be final. Effect of Permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits. Liability of Permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injuries sustained by any person whatsoever, by reason of the negligence of the person or persons to whom such permits shall have been issued. In certain cases, a certificate of insurance may be required naming the Town of Leesburg as an additionally insured for a minimum of $1,000,000.00 in comprehensive general liability insurance. F~ Revocation. The Director shall have the authority to revoke a permit upon finding a violation of any rule or ordinance, or upon good cause shown. 11.81-9. Penalties. Violation of any provision of Section 11.81 shall be punished by ejectment from the park and a fine of not more than $100.00, either or both. Upon ejectment, a violator shall not be permitted to return to the park for a period of 24 hours. Return to park property during the period of ejectment shall be considered trespass. SECTION II. resolutions in conflict herewith are repealed. PASSED this 2 6 t h day of ATTEST: Clerk of C?~ncil This ordinance shall be in effect upon its passage and all ordinances or February , 1991. ,James )!. Cirri, ¥iz~-Mayor Town of Leesburg