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