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HomeMy WebLinkAboutD-1466-00 Park Rules 2. follows: AMENDED AND RESTATED ORDINANCE NO. D-1466-00 AN ORDINANCE OF THE COMMON COUNCIL OF CITY OF CARMEL, INDIANA, AMENDING CHAPTER 5, ARTICLE 1, SECTION 5-3 OF THE CARMEL CITY CODE WHEREAS, the Carmel/Clay Park and Recreation Board (the "Park Board"), created by the City of Carreel, Indiana and Clay Township, Indiana is vested with the authority to establish rules governing the use of the park and recreation facilities by the public, provide police protection of its property and activities either by requesting assistance from state, municipal or county police authorities, or by having specified employees deputized as police officers: and WHEREAS, the Park Board passed and adopted Resolution 5-09-00-01on May 31, 2000 (the "Park Rules Resolution"): and WHEREAS, the Park Rules Resolution set out a comprehensive list of operational rules intended to govern the use of the park and recreation facilities by the public (the "Rules of Park Operations"); and WHEREAS, the Park Board desires to provide police protection and enforcement of the Rules of Park Operations in, on and around its property; and WHEREAS, Section 5-3 of the Carmel City Code provides for hours of park operafton that is covered in the Rules of Park Operations, it makes sense to consolidate all park operational provisions curren~y in the Cannel City Code. NOW, THEREFORE, BE IT ORDAINED by the Common Council of City of Cannel, Indiana, as follows: The foregoing recitals are fully incorporated herein and made a part hereof. Chapter 5. Article 1. Section 5-3 of the Carreel City Code is hereby amended and shall read as "Sec. 5-3. Rules of Park Operations. (a) All applicable state, federal and local laws, including but not limited to, laws governing vandalism, nuisance, litter, animal/pet control, alcohol and drugs, will be enforced. (b) The following rules are provided to supplement the laws and ensure a safe and nurturing experience while visiting the Cannel Clay Parks and Reereafion system. When used in the rules, the word "Department" refers to the Carreel Clay Parks and Recreation Department. (1) PARK HOURS. Except in emergency or unsafe conditions, the parks shall be open one half-hour before sunrise and close one half-hour after sunset. Visiting a park when it is closed is strictly prohibited, except when an activity or event is scheduled or approved by the Department. (2) USE OF ALCOHOL. Containers of alcohol or beverages containmg alcohol are strictly prohibited jn~ on or along the Monon Greenwayi,;~ an)' -ark for any reason. I (3) USE OF FIRE. A person may kindle, build, stoke, light, maintain or use a fire within any park, provided that the fire: (A) Is contained in a fireplace or pedestal grill provided by the Department or other non-combustible container with sides and a bottom provided by park users. Any fire must be constructed of safe, appropriate, ordinary, natural and untreated materials. Any fire outside of a building must be a minimum of six (6) feet away from any building, facility or combustible vegetation and continuously monitored and cared for from !rindling to complete extinguishment by a competent person; or (B) Is in strict compliance with a specific permit issued by the Department. (Such as a campfire, prairie bum or bonfire for a specific group event.) (4) DEALING WITH TRASH. (A) It is strictly prohibited for any person to toss, drop, throw away, deposit, or otherwise discard ashes, coals, used matches, or smoldng materials upon the ground, in waters or in trash containers within any park. All such matter shall be contained in a fireplace or other appropriate container designated for the deposit of such. (B) It is strictly prohibited for any person to bring refu:;e!ittcr (as that term is defined by the Indiana Code. Title 14 entitled "Natural and Cultural Resources" , as amended from ti~_e to _time) into a park and to deposit the rc,*h~c litter within the park or in a park rc~hae dispo~l receptacle trasln containerS, except for garbage defined as paper goods, food wrappers, or food and beverage containers used in the park, in accord with the rules hereof. (5) DEALING WITH ANNALS. (A) It is strictly prohibited for any person within a park to kill, wound, hunt, trap, shoot, throw rocks or missiles at, chase, molest, provoke or remove any feral mammal, reptile, amphibian or bird, or to remove the young of any such mammal or the eggs or young of any such reptile, amphibian, or bird, or to knowingly buy, receive, have in his or her possession, sell or give away any such mammal, reptile, amphibian, bird, or egg so killed or taken within any park. This does not prohibit the harvesting for personal use of appropriate amounts of fish by fishing methods which are continuously attended and monitored and do not exceed the State of Indiana regulated amounts. (B) It is strictly prohibited for any person to bring into or possess within any park a pet or other domesticated animal, unless the pet or other domesticated animal is: (i) either (a) continuously restrimed by a firmly held or attached non- retractable leash that is of sufficient length, but not longer than six (6) feet, or (b) secured in a fully enclosed confinement container, or (c) within a specifically designated and posted "Pets Exercise Area" in compliance with any posted rules at such site; and (ii) not designated by an ordinance of the City of Carmel or Board of Commissioners of Hamilton County, Indiana, as a dangerous animal. (C) It is strictly prohibited for any person within any park to fail to pick up and properly dispose of the waste of their pet either in an appropriate litter container in the park or elsewhere. Pet owners must have and use a container or device for the holding of their pet' s waste while they are in a park, on a trail or a Greenway. (D) It is strictly prohibited for any person to bring or possess any pet or other animal inside any park building or other park site that is specifically designated and posted as a "No Pets" area. This does not prohibit a disabled person from using an animal specifically trained to assist that person anywhere within a park. (E) It is strictly prohibited for any person knowingly to cause or direct the abandonment or unlimited release in any park of any animal except in accord with a specific permit issued by the Department. (6) DEALING WITH VEGETATION AND NATURAL MATERIAL. (A) It is strictly prohibited for any person to harvest, collect, dig up, cut, trim, break, set fire to, disturb, or otherwise damage any vegetation or tree within any park. It is permissible to harvest ripe fruit, nuts, or mushrooms in amounts appropriate~ for immediate consumption or use by the person or his or her family, except in areas specifically designated and posted as "No Harvest" areas. (B) It is strictly prohibited for any person knowingly to plant, deposit, cultivate, or place within any park any vegetation or seed thereof, except in accord with a specific permit issued by the Department (C) It is strictly prohibited for any person to displace, excavate, can'y away, otherwise remove or modify the arrangement of any soil, sand, gravel, stone, rock, asphalt, or other ground surface material within any park, except in accord with a specific permit issued by the Department. (7) DEALING WITH SPECIFIC ACTiVITIES. (A) It is strictly prohibited for any person within any park to advertise or promote publicly any commercial product, except in accord with a specific perttilt issued by the Department. (B) It is strictly prohibited for any person within a park to photograph for promotion or sale any commercial product or commercial event, except in accord with a specific permit issued by the Department. 3 (C) It is strictly prohibited for any person within any park to engage in hang gliding, rappelling from towers, or any use of the trees, towers or other structures for technical climbing activities or the placement of swings, tires, etc. (D) It is strictly prohibited for any person within any park to pitch or maintain a tent or other improvised shelter for the purpose of ovemight camping, except in accord with a permit issued by the Department. (E) It is strictly prohibited for any person within any park to swim in any lakes, ponds or rivers within the jurisdiction of the Department. (F) It is strictly prohibited for any person within any park to use or erect such equipment as booths, air-filled devises, and tethered items such as hot-air balloons, except in accord with a specific permit issued by the Department. (G) It is stric~y prohibited for any person within any park to erect any sign, poster, or banner, except in accord with a specific permit issued by the Department. (8) USE OF VEHICLES. (A) It shall be strictly prohibited for any person within any park to operate a snowmobile, ORV (Off-Road Vehicle), ATV (All Terrain Vehicle), minibike, moped, motorized scooter or motorcycle off-road or ride a horse off-road except in those areas specifically designed and/or designated for such use. (B) It is strictly prohibited for any person within any park to operate any vehicle within a park boundary at a speed in excess of twenty (20) miles per hour. No person shall cause or permit any vehicle under his or her control to obstruct traffic or access to gates or to enter or leave a park except at established entrances or exits. All vehicles shall be operated on roadways specifically designated for vehicular traffic. (9) PARKING. (A) It is strictly prohibited for any person within any park to park a vehicle in an area other than a designated parking area. No person shall park a vehicle in an area designated as "Unloading Only" and leave the same unattended for a period exceeding ten (10) minutes. No person shall leave a vehicle overnight in a parking area, except in accord with a specific permit issued by the Department. No one shall park in a parking space designated for the physically challenged without a handicapped permit from the City of Carreel or Indiana BMV. (B) It is strictly prohibited for any person within any park to use or occupy any park shelter or facility while posted as "reserved" for some specific organized function or group of persons. (C) It is strictly prohibited for any person within any park to enter any park area or facility without payment if the Park Board has established a fee for entrance, except those employees or guests granted permission by the Department. 4 (10) SMOKING IN ENCLOSED BUILDINGS. There shall be no smoking in any enclosed building within any park facility. ( 11 ) POLICE AND ENFORCEMENT. (A) It is strictly prohibited for any person within any park to disobey an order or interfere with the duty of a law enforcement officer or any park employee once they have identified themselves. (B) It is strictly prohibited for any person within any park to disobey or disregard the rules, notices, prohibitions, instructions, or directions posted on any park sign. This includes, but is not limited to, the rules and regulations for shelters, pavilions, "No Pet" areas and "Pet Exercise" areas, playground areas or recreation areas. (C) Firearms, missile propelling devices, ammunition, fireworks, bombs or other explosive devices, knives, paintball equipment or any other object that can reasonably be considered a weapon, are strictly prohibited in any park for any reason. This prohibition does not prohibit the possession/use of the following items in the following situations: (i) or under the supervision of adults. Kitehen utensils customarily used for food preparation or dining used by (ii) Knives, hatchets or axes on wood, kindling or other material brought into a park by scouts or other groups under adult supervision. (iii) Firearms in any park by a law enforcement officer or federal enforcement officer as those terms are defined in the Indiana Code. O,Y)., Fireworks displays by a ~rouV permitted bV the Department and Carreel/Clay Fire Department. (c) The above rules and prohibitions do not apply to Law Enforcement or Park employees in the performance of their official duties and may be amended from time to time. (d) Permit information is available at the Cannel Clay Parks and Recreation office, or by calling 1 - 317-848-PARK (7275). 3. All prior ordinances or parts thereof inconsistent with any provisions of this Ordinance are hereby repealed as of the effective date of this Ordinance. 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. 5. This Ordinance shall be in full force and effect from and after the date of its passage, signing by the Mayor and such publication as is required by law. 2000, by a vote of 7 ayes and f? nays. __ y o Kirby c,_ E. Carter THE CITY OF CARMEL Wayn A. Wilson Presented by me to the Mayor of the City of Cannel, Indiana th ~}_T~y of · Dmna L Cordray IAMC CI~ Approved by me, Mayor of the City of Cannel, Indiana, this ~ ~day of ATTEST: ,2000. ,2000.