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HomeMy WebLinkAboutItem #2 Chapter 9.38-Public ParksPROPOSED REWRITE — 2024 9.38.010: DEFINITIONS: The following words shall have the meanings given for purposes of this chapter: ALCOHOLIC LIQUORS: Those alcoholic beverages as defined by Idaho Code section 23-10S. BEER: Any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley malt, and/or other ingredients in drinkable water. DIVISION: The Parks and Recreation Division of the Community Services Department. DIRECTOR: The Community Services Director. PARK: A park, playground, recreation center, or any other area in the city, owned or used by the City of Chubbuck, including parking lots which are adjacent to or within parks, playground, or recreation centers, and City -owned stormwater facilities. PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind. 9.38.020: REWARD FOR REPORTING OF CERTAIN ACTIVITES UPON CONVICTION: A. REWARD ESTABLISHMENT; TYPE OF ACTIVITY: The Director may establish, and the Council may fund, an award to individuals who report criminal damage to park property by graffiti, willful destruction of public property, or otherwise damaging behavior. B. CONVICTION AS CAUSE FOR REWARD: Upon successful conviction for an act as herein enumerated in this section, the Director shall issue a reward, if funding is available. 9.38.030: REGULATION PARK AMENITIES; RESERVATIONS: A. PARKS TO BE REGULATED: No person in any park shall fail or refuse to comply with directions given by police officers or duly authorized representatives of the Director in regulating the time, place, and manner of any activity in any park when necessary to maximize use and secure the comfort or convenience of all park users. B. USE AND RESERVATIONS: Unless reserved in accordance with Division procedures and policies, all park amenities shall be available on a "first come, first served" basis. No person shall be authorized to use any unreserved park amenity to the exclusion of other persons or uses except at such time at which and by such person by whom a park amenity is reserved pursuant to the provisions of this chapter. C. REGULATIONS FOR RESERVABLE PARK AMENITIES: 1. RESERVATIONS MAY BE ESTABLISHED: The Director is authorized to establish procedures and policies for park amenity reservations and to charge fees established by the Council. 2. RESERVATION REQUEST PROCEDURE: Any person or organization may request that the Division reserve a reservable park amenity for its lawful use. Upon receipt of such request and payment, the Division shall review the request and reserve the amenities at the time and place. Where a request involves requests of city staff or city resources, such as requesting additional picnic tables or enhanced preparation of facilities, the request shall be evaluated based on available city resources and may be either approved or declined. Where an event or request will create unusual demand on City facilities such as restrooms, permanent or temporary, or maintaining playing fields throughout a tournament, the Director may require that the entity requesting a reservation pay fees to handle the City's needs, if resources are available. 3. LIMITED SCOPE OF RESERVATION: The authority to exclude other persons or uses from a reservable park amenity extends only to that imparted by the specific terms of a valid reservation. The reservable park amenity specified on a written reservation shall be the only park amenity reserved by and for the reserving organization. In no case shall the reservation of a reservable park amenity impart authority to physically touch or remove any person, object, or use from a shelter, or to violate any other provision of law. 4. INSURANCE: Liability insurance coverage may be required in accordance with Division policies. 5. RESERVED PARK AMENITY TO BE LEFT IN SAME CONDITION: Reserving parties shall leave reserved park amenities clean of debris and in the same condition after use, which duty shall include the disposal of waste, garbage and other refuse in disposal receptacles provided. If no such trash receptacles are available, then the reserving party shall remove its refuse and trash from the park area upon vacating the park. Upon violation of this section, in addition to other civil and criminal remedies, the department may deny or revoke subsequent reservations to the violating person or organization. 6. COMMERCIAL USE OF RESERVABLE PARK AMENITIES; GOODS AND SERVICES. Except as otherwise allowed by Director's order or written permit, during any reservable time, no person shall use a reservable park amenity to sell or offer for sale any good or service that a contract concessionaire sells or offers or displays for sale at that park. Provisions of this chapter regarding specific regulated use of parks may also apply to sales of goods or services in parks, and in no instance except through approved park concessionaires, shall any person sell any goods or services except through an approved Public Space Vendor Permit. 7. COMMERCIAL USE OF RESERVABLE PARK AMENITIES; RECREATION. Except as otherwise allowed by Director's order or written permit, during any reservable time, no person shall use a reservable park amenity to sell or offer for sale any recreational programming that is available to the public from or offered to the public by the Department at that park. 9.38.040: GENERAL PARK REGULATIONS: A. UNLAWFUL SUBSTANCES: BEER/ALCOHOL: It is unlawful for any person to sell, consume or have in possession, custody or control any beer or other alcoholic beverage within any city park. TOBACCO: It shall be unlawful for any person to smoke or use e-cigarettes/vapes of tobacco or nicotine products in any city park except when within an automobile in a parking lot or on a roadway. B. CAMPING; TEMPORARY SHELTERS: No person shall set up a tent, shack, or any other temporary shelter for the purpose of camping, except by authorization of the Community Services Director, nor shall any person leave any tent, shack, movable structure, or vehicle that is or could be used for such purpose. C. DOGS AND ANIMALS: Any owner or person is prohibited from taking or permitting any dog or other animals to be taken upon or permitted upon any public park, except for seeing eye dogs. Notwithstanding the foregoing, dogs may be allowed in public parks if: 1. The dog is controlled on a leash; 2. The dog is carried by such person owning or having the care, custody, possession, or control of such dog; 3. The dog is confined in a motor vehicle; 4. Any fecal deposits by the dog are promptly removed and such deposits are disposed of in a trash receptacle or removed by the person controlling the dog. D. GOLF ACTIVITIES PROHIBITED: No person shall engage in, or attempt to engage in, any type of golf activity, whether putting, driving, chipping, swinging, or any other golf related activity in any city park. E. GLASS: No person shall use, carry, or be in the possession of any container made of glass. F. OFF-HIGHWAY VEHICLES: Operate an off-highway vehicle, including motorbikes, ATVs, UTVs, or specialty Off-highway vehicles, without a license plate or with just an OHV/restricted license plate, are not permitted in City parks or parking areas, unless specifically authorized by the Community Services Director for purposes related to park construction or maintenance or for an authorized event. G. OPERATION OF VEHICLES: Drive any vehicle on any area except the paved public park roads designated for motor vehicles or parking areas, or such other areas as may on occasion be specially designated by municipal authorities. No person shall ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon such roads designated by posted signs, for faster travel. I. PARKING: Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with posted directions thereat and with instructions of any municipal officer who may be present. Overnight parking on park property, including parking lots, is prohibited. Vehicles which are parked in violation of this section are subject to removal without notice. J. RESTRICTED HOURS: Parks shall be closed to the general public from one hour after sunset to one hour before sunrise. Any and all persons are prohibited from entering upon or being present in such municipal parks or places between the designated hours. K. USER'S DUTY TO MAINTAIN PARK FACILITIES AS FOUND: No person in any park shall: 1. DISFIGURATION, DAMAGE AND REMOVAL: Willfully mark, deface, disfigure, injure, tamper with, damage, displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. 2. REMOVAL OF NATURAL RESOURCES: Dig, or remove any soil, rock, stones, trees, shrubs or plants, wood or materials, or make any excavation by tool, equipment, blasting, or other means. 3. RESTROOMS AND WASHROOMS: Fail to maintain restrooms and washrooms in a neat and sanitary condition. 4. SANITARY CONDITION: No person in any park shall bring in, dump, deposit, or leave any bottles, broken glass, paper boxes, cans, dirt, rubbish, waste, garbage, refuse, or other trash. No such refuse or trash shall be placed or left anywhere on the grounds of the public parks, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. TREES, SHRUBBERY AND LAWNS: Damage, cut, carve, transplant or remove any tree or plant, injure the bark, or pick the flowers or seeds, of any tree or plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area. 9.38.050: ENFORCEMENT: A. OFFICIALS: Any police officer shall, in connection with the officer's duties imposed by law, enforce the provision of this chapter. Authorized representatives of the Director have limited authority require that an individual cease an unlawful activity or leave a park for cause but said representatives do not have other powers which are herein authorized to police officers. B. EJECTION: Any policy officer has authority to eject from the public park any person whom the officer has reasonable cause to believe is acting in violation of this chapter and shall have authority to inspect, seize and confiscate any property, thing or device used, or on reasonable cause, believed to be used for the violation of any regulation of this chapter. Any person that is ejected shall leave promptly and peacefully and shall not return to the city park for any reason on the same calendar day of their ejection. C. TRESPASS: It shall be unlawful for any person to enter, remain in, or be present within or upon the premises of a park or park facility or any portion thereof during the hours when the park is closed to the public or enters, remains in, or is otherwise present within an area of the park clearly delineated by signs or barriers as temporarily or permanently closed to the public. Trespass in parks shall be an infraction, punishable by a penalty of fifty dollars. D. EXCLUSION NOTICE: The Director or designee may, by delivering an exclusion notice in person to the offender, exclude from a city park anyone who, within a city park, violates any park rule, any provision of this chapter, or of Idaho State Code. The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or effective. The exclusion may be based upon observation by the Director or designee or upon the sort of civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause. The Director or their designee may exclude the offender from the city park in which the current violation occurred for a period not exceeding seven (7) days from the date of the exclusion notice. 2. The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion notice shall specify the length and places of exclusion. It shall be signed by the issuing individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice. 3. An offender receiving an exclusion notice may, within two (2) days excluding weekends and holidays from service or receipt of the exclusion notice, appeal to the City Council for the purpose of having the city council review the exclusion. The notice of appeal shall be filed with the City Clerk. The appeal must be in writing and must set forth the reason why such exclusion should not be enforced. The exclusion shall be stayed upon filing of a notice of appeal. The City Council shall hear the appeal at the second regular council meeting following the date the appeal is filed with the City Clerk. The City Council may uphold the exclusion, overturn the exclusion, or shorten the length of the exclusion. City Council's decision shall be a final decision. No determination of facts made by the City Council shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of the same facts in a subsequent criminal prosecution. 4. This section shall be enforced so as to emphasize voluntary compliance with laws and park rules and in such a way that inadvertent minor violations can be corrected without resort to an exclusion notice. 9.38.060: VIOLATION; PENALTY: Any person violating the regulations adopted in this chapter shall be deemed guilty of a misdemeanor and punishable by a fine not to exceed three hundred dollars ($300.00), or by a jail sentence not to exceed thirty (30) days or by both such fine and jail sentence. SECTION: 9.38.010: Definitions 9.38.020: Restricted Hours 9.38.030: Dogs And Animals 9.38.040: Golf Activities Prohibited 9.38.050: Alcoholic Beverages 9.38.060: Park Property 9.38.070: Sanitation 9.38.080: Enforcement 9.38.090: Violation; Penalty CHAPTER 9.38 PUBLIC PARKS Existing Code (proposed for total repeal and replace) 9.38.010: DEFINITIONS: The following words shall have the meanings given for purposes of this chapter: ALCOHOLIC LIQUORS: Those alcoholic beverages as defined by Idaho Code section 23-105. BEER: Any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley malt, and/or other ingredients in drinkable water. PARK: A park, playground, recreation center or any other area in the city, owned or used by the city. PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind. (Ord. 547 §1, 2001) 9.38.020: RESTRICTED HOURS: The municipally owned or operated parks and public places shall be closed to the general public from one hour after sunset to one hour before sunrise. Any and all persons are prohibited from entering upon or being present in such municipal parks or places between the designated hours. (Ord. 547 §1, 2001) 9.38.030: DOGS AND ANIMALS: Any owner or person is prohibited from taking or permitting any dog or other animals to be taken upon or permitted upon any public park, except for seeing eye dogs. Notwithstanding the foregoing, dogs may be allowed in public parks if: A. On a leash held and accompanied by an adult or child strong enough to control the dog; B. Any fecal deposits by the dog are promptly removed; and C. Such deposits are disposed of in a trash receptacle or removed by the person controlling the dog. (Ord. 547 §1, 2001) 9.38.040: GOLF ACTIVITIES PROHIBITED: No person shall engage in, or attempt to engage in, any type of golf activity, whether putting, driving, chipping, swinging, or any other golf related activity in any city park. (Ord. 547 §1, 2001) 9.38.050: ALCOHOLIC BEVERAGES: It is unlawful for any person to sell, consume or have in possession, custody or control any beer or other alcoholic beverage within any city park. (Ord. 547 §1, 2001) 9.38.060: PARK PROPERTY: No person in any park shall: A. Disfiguration, Damage And Removal: Wilfully mark, deface, disfigure, injure, tamper with, damage, displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. B. Restrooms And Washrooms: Fail to maintain restrooms and washrooms in a neat and sanitary condition. C. Removal Of Natural Resources: Dig, or remove any soil, rock, stones, trees, shrubs or plants, wood or materials, or make any excavation by tool, equipment, blasting, or other means. D. Trees, Shrubbery And Lawns: Damage, cut, carve, transplant or remove any tree or plant, injure the bark, or pick the flowers or seeds, of any tree or plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area. E. Operation Of Vehicles: Drive any vehicle on any area except the paved public park roads designated for motor vehicles or parking areas, or such other areas as may on occasion be specially designated by municipal authorities. F. Parking: Parking a vehicle in other than an established or designated parking area, and such use shall be in accordance with posted directions thereat and with instructions of any municipal officer who may be present. (Ord. 547 §1, 2001) 9.38.070: SANITATION: No person in any park shall bring in, dump, deposit, or leave any bottles, broken glass, paper boxes, cans, dirt, rubbish, waste, garbage, refuse, or other trash. No such refuse or trash shall be placed or left anywhere on the grounds of the public parks, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. (Ord. 547 §1, 2001) 9.38.080: ENFORCEMENT: Any police officer shall, in connection with the officer's duties imposed by law, enforce the provision of this chapter and shall have authority to eject from the public park any person whom the officer has reasonable cause to believe is acting in violation of this chapter and shall have authority to inspect, seize and confiscate any property, thing or device used, or on reasonable cause, believed to be used for the violation of any regulation of this chapter. (Ord. 547 §1, 2001) 9.38.090: VIOLATION; PENALTY: Any person violating the regulations adopted in this chapter shall be deemed guilty of a misdemeanor and punishable by a fine not to exceed three hundred dollars ($300.00) or by a jail sentence not to exceed thirty (30) days or by both such fine and jail sentence. (Ord. 547 §1, 2001) f PROPOSED REWRITE — 2024 9.38.010: DEFINITIONS: The following words shall have the meanings given for purposes of this chapter: ALCOHOLIC LIQUORS: Those alcoholic beverages as defined by Idaho Code section 23-105. BEER: Any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley malt, and/or other ingredients in drinkable water. DIVISION: The Parks and Recreation Division of the Community Services Department. DIRECTOR: The Community Services Director. PARK: A park, playground, recreation center, or any other area in the city, owned or used by the City of Chubbuck, including parking lots which are adjacent to or within parks, playground, or recreation centers, and City -owned stormwater facilities. PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind. 9.38.020: REWARD FOR REPORTING OF CERTAIN ACTIVITES UPON CONVICTION: e A. REWARD ESTABLISHMENT; TYPE OF ACTIVITY: The Director may establish, and the Council may fund, an award to individuals who report criminal damage to park property by graffiti,,willful destruction of public property, orethmvvise I:m olarnage to 10uhe id rope B. CONVICTION AS CAUSE FOR REWARD: Upon successful conviction for an act as U660fl enumerated in this section, the Director shall issue a reward, if fai.dingh, dVdil #Je Courc%/ o%ve'"Iner'b'crd ar au.Arr� 9.38.030: REGULATION PARK AMENITIES; RESERVATIONS: A. PARKS TO BE REGULATED: No person in any park shall fail or refuse to comply with directions given by police officers or duly authorized representatives of the Director in regulating the time, place, and manner of any activity in any park when necessary to maximize use and secure the comfort or convenience of all park users. B. USE AND RESERVATIONS: Unless reserved in accordance with Division procedures and policies, all park amenities shall be available on a "first come, first served" basis. No person shall be authorized to use any unreserved park amenity to the exclusion of other persons or uses except at such time at which At a park amenity is reserved pursuant to the provisions of this chapter. C. REGULATIONS FOR RESERVABLE PARK AMENITIES: �y sVck re 1. RESERVATIONS MAYBE ESTABLISHED: The Director is authorized to establish procedures and policies for park amenity reservations and to charge fees established by the Council. 2. RESERVATION REQUEST PROCEDURE: Any person may request that the Division�� reserve a reservable park amenity for its lawful use. Upon receipt of such request and payment,/ the Division shall review the request and reserve the amenities at th ime and place. Where a i __ request involves requests of city staff or city resources, such as requesting additional picnic tables or enhanced preparation of facilities, the request shall be evaluated based on available city resources and may be either approved or declined. Where an event or request will create unusual demand on City facilities such as restrooms, permanent or temporary, or maintaining playing fields throughout a tournament, the Director may require that the entity requesting a reservation pay fees to handle the City's needs, if resources are available. 3. LIMITED SCOPE OF RESERVATION: The authority to exclude other persons or uses from a reservable park amenity extends only to that imparted by the specific terms of a valid reservation. The reservable park amenity specified on a written reservation shall be the only park amenity reserved by and for the reserving organization. In no case shall the reservation of a reservable park amenity impart authority to physically touch or remove any person, object, or use from a shelter, or to violate any other provision of law. 4. INSURANCE: Liability insurance coverage may be required in accordance with Division policies. RESERVED PARK AMENITY TO BE LEFT IN SAME CONDITION: Reserving parties shall leave reserved park amenities clean of debris and in the same condition after use, which duty shall include the disposal of waste, garbage and other refuse in disposal receptacles provided. If no such trash receptacles are available, then the reserving party shall remove its refuse and trash from the park area upon vacating the park. Upon violation of this section, in addition to other civil and. criminal remedies, the department may deny or revoke subsequent reservations to the violating perr: COMMERCIAL USE OF RESERVABLE PARK AMENITIES; GOODS AND SERVICES. Except as otherwise allowed by Director's order or written permit, during any reservable time, no person shall use a reservable park amenity to sell or offer for sale any good or service that a contract concessionaire sells or offers or displays for sale at that park. Provisions of this chapter regarding specific regulated use of parks may also apply to sales of goods or services in parks, and in no instance except through approved park concessionaires, shall any person sell any goods or services except through an approved Public Space Vendor Permit. 7. COMMERCIAL USE OF RESERVABLE PARK AMENITIES; RECREATION. Except as otherwise allowed by Director's order or written permit, during any reservable time, no person shall use a reservable park amenity to sell or offer for sale any recreational programming that is available to thel public from or offered to the public by the Department at that park. 9.38.040: GENERAL PARK REGULATIONS: A. UNLAWFUL SUBSTANCES: 1. BEER/ALCOHOL: It is unlawful for any person to sell, consume or have in possession, custody or control any beer or other alcoholic beverage within any city park. 2. TOBACCO: It shall be unlawful for any person to smoke or use e-cigarettes/vapes of tobacco or nicotine products in any city park except when within an automobile in a parking lot or on a roadway. B. CAMPING; TEMPORARY SHELTERS: No person shall set up a tent, shack, or any other temporary shelter for the purpose of camping, except by authorization of the Community Services Director, nor shall any person leave any tent, shack, movable structure, or vehicle that is or could be used for such purpose. ;I'ot Mal a i ar 10;cidy, Akpr dy ra 0( G 0. C. DOGS AND ANIMALS: Any owne oriperso/is rohibited from taking o permitting any dog or other { / ; animal/ to be taken upon or permitted upon any public park, except for seeing eye dog/. Notwithstanding the foregoing, -dog maybe allowed in public parks if: a 1. The dog is controlled on a leash; 2. The dog is carried by such person owning or having the care, custody, possession, or control of such dog; 3. The dog is confined in a motor vehicle; 4. Any fecal deposits by the dog are promptly removed and such deposits are disposed of in a trash receptacle or removed by the person controlling the dog. D. GOLF ACTIVITIES PROHIBITED: No person shall engage in, or attempt to engage in, any type of golf activity, whether putting, driving, chipping, swinging, or any other golf related activity in any city park. E. GLASS: No person shall use, carry, or be in the possession of any container made of glass. An - F. OFF-HIGHWAY VEHICLES: Qpexat a+Y off-highway vehicle, including motorbikes, ATVs, UTVs, or La )7e d specialty Off-highway vehicles, without a license plate or with just an OHV/restricted license plate, are 7 of not permitted in City parks or parking areas, unless specifically authorized by the Community Services Director for purposes related to park construction or maintenance or for an authorized event.P Alio arson°�i sha I �r o► G. OPERATION OF VEHICLES: i rive anyohiWE on any area except the paved public pa�roadsdesignated for motor vehicles or parkingareas, or such other areas as may on designated by municipal authorities. No person shall ride or drive a vehicle t a rate of speed exceeding fifteen (15) miles per hour, except upon such roads designated by.posted signs, for faster travel. //ll�per-TrA sflall A4IAPPA , afea °`Do p,t, awe I. PARKING:/Park a ehic a in other tha n established or designated parking area, and such use shall be j,Ablein accordance with posted directions, and with instructions of an munici al'officer who may be t1' a� e Al C le present. Overnight parking on park property, including parking lots, is prohibited. Vehicles which are V parked in violation of this section are subject to removal without notice. to id rlhol G10 J. RESTRICTED HOURS: Parks shall be closed to the general public from one hour after sunset to one Ltii t{ro hour before sunrise. Any and all persons are prohibited from entering upon or being present in such A44M municipal parks or places between the designatedhours closu� K. USER'S DUTY TO MAINTAIN PARK FACILITIES AS FOUND: No person in any park shall: Aeor;lerS� M'M Ors' 144. 1. DISFIGURATION, DAMAGE AND REMOVAL: Willfully mark, deface, disfigure, injure, tamper with, damage, displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. 2. REMOVAL OF NATURAL RESOURCES: Dig, or remove any soil, rock, stones, trees, shrubs or plants, wood or materials, or make any excavation by tool, equipment, blasting, or other means. 3. RESTROOMS AND WASHROOMS: Fail to maintain restrooms and washrooms in a neat and sanitary condition. 4. .SANITARY CONDITION: ring in, dump, deposit, or leave any bottles, broken glass, paper boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash. No -.such refuse or trash shall be placed or left anywhere on the grounds oft 4ublic parr, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. TREES, SHRUBBERY AND LAWNS: Damage, cut, carve, transplant or remove any tree or plant, injure the bark, or pick the flowers or seeds, of any tree or plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area. 9.38.050: ENFORCEMENT: A. OFFIC : Any police officer shall, in connection with the officer's duties imposed by law enforce the provis' o this chapter. Authorized representatives of the Director have limited authority require that �t erso�t cease an unlawful activity or leave a park for cause but said representatives do not have other powers which are kefek authorized to police officers. B. EJECTION: Any policy officer has authority to eject from the public park any person whom the officer has reasonable cause to believe is acting in violation of this chapter and shall have authority to inspect, seize and confiscate any property, thing or device used, or on reasonable caustelieved to be u for the violation of any regulation of this chapter. Any person that is ejected shall eave promptly an peacefully and shall root return to the city park for any reason on the same calendar day of their ejection. e C. TRESPASS:/nte be unlawful for any person to enter, remain in, or be present within or upon the premises of ar park facility or any pobtion thereof during the hours when the park is closed to the public or remain in or — present within an area of the park clearly delineated by signs or barriers as temporarily or permanently closed to the public. Trespass in park/ shall bean infraction, punishable by a penalty of fifty dollars. M D. EXCLUSION NOTICE: The Director or designee may, by delivering an exclusion notice in person to or the offender, exclude from Witty park anyone who, within a city park, violates any park rule any provision of this chaptewroafldaho Code. The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or effective. The exclusion may be based upon observation by the Director or designee or upon the sort of civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause. 1. The Director or their designee may exclude the offender from the city park in which the current violation occurred for a period not exceeding seven (7) days from the date of the exclusion notice. The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion notice shall specify the length and places of exclusion. It shall be signed by the issuing individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice. An offender receiving an exclusion notice may, within two (2) days excluding weekends and holidays from service or receipt of the exclusion notice, appeal to the City Council for the purpose of having the city council review the exclusion. The notice of appeal shall be filed with the City Clerk. The appeal must be in writing and must set forth the reason why such exclusion should not be enforced. The exclusion shall be stayed upon filing of a notice of appeal. The City Council shall hear the appeal at the second regular council meeting following the date the appeal is filed with the City Clerk. The City Council may uphold the exclusion, overturn the exclusion, or shorten the length of the exclusion. City Council's decision shall be a final decision. No determination of facts made by the City Council shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of the same facts in a subsequent criminal prosecution. 4. This section shall be enforced so as to emphasize voluntary compliance with laws and park rules and in such a way that inadvertent minor violations can be corrected without resort to an exclusion 4notice. 9.38.060: VIOLATION; PENALTY: -7.4 fYA Any person violating the regulations adopted in this chapter shall be deemed guilty of misdemeanor and punishable by a fine not to exceed three hundred dollars ($300.00), or by a jail sentence no o exceed thirty (30) days or by both such fine and jail sentence. SECTION: 9.38.010: Definitions 9.38.020: Restricted Hours 9.38.030: Dogs And Animals 9.38.040: Golf Activities Prohibited 9.38.050: Alcoholic Beverages 9.38.060: Park Property 9.38.070: Sanitation 9.38.080: Enforcement 9.38.090: Violation; Penalty CHAPTER 9.38' PUBLIC PARKS Existing Code (proposed for total repeal and replace) 9.38.010: DEFINITIONS: The following words shall have the meanings given for purposes of this chapter: ALCOHOLIC LIQUORS: Those alcoholic beverages as defined by Idaho Code section 23-105. BEER: Any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley malt, and/or other ingredients in drinkable water. PARK: A park, playground, recreation center or any other area in the city, owned or used by the city. PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind. (Ord. 547 §1, 2001) 9.38.020: RESTRICTED HOURS: The municipally owned or operated parks and public places shall be closed to the general public from one hour after sunset to one hour before sunrise. Any and all persons are prohibited from entering upon or being present in such municipal parks or places between the designated hours. (Ord. 547 §1, 2001) 9.38.030: DOGS AND ANIMALS: Any owner or person is prohibited from taking or permitting any dog or other animals to be taken upon or permitted upon any public park, except for seeing eye dogs. Notwithstanding the foregoing, dogs may be allowed in public parks if: A. On a leash held and accompanied by an adult or child strong enough to control the dog; B. Any fecal deposits by the dog are promptly removed; and C. Such deposits are disposed of in a trash receptacle or removed by the person controlling the dog. (Ord. 547 §1, 2001) 9.38.040: GOLF ACTIVITIES PROHIBITED: No person shall engage in, or attempt to engage in, any type of golf activity, whether putting, driving, chipping, swinging, or any other golf related activity in any city park. (Ord. 547 §1, 2001) 9.38.050: ALCOHOLIC BEVERAGES: It is unlawful for any person to sell, consume or have in possession, custody or control any beer or other alcoholic beverage within any city park. (Ord. 547 §1, 2001) 9.38.060: PARK PROPERTY: No person in any park shall: A. Disfiguration, Damage And Removal: Wilfully mark, deface, disfigure, injure, tamper with, damage, displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. B. Restrooms And Washrooms: Fail to maintain restrooms and washrooms in a neat and sanitary condition. C. Removal Of Natural Resources: Dig, or remove any soil, rock, stones, trees, shrubs or plants, wood or materials, or make any excavation by tool, equipment, blasting, or other means. D. Trees, Shrubbery And Lawns: Damage, cut, carve, transplant or remove any tree or plant, injure the bark, or pick the flowers or seeds, of any tree or plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area. E. Operation Of Vehicles: Drive any vehicle on any area except the paved public park roads designated for motor vehicles or parking areas, or such other areas as may on occasion be specially designated by municipal authorities. F. Parking: Parking a vehicle in other than an established or designated parking area, and such use shall be in accordance with posted directions thereat and with instructions of any municipal officer who may be present. (Ord. 547 §1, 2001) 9.38.070: SANITATION: No person in any park shall bring in, dump, deposit, or leave any bottles, broken glass, paper boxes, cans, dirt, rubbish, waste, r arbage, refuse, or other trash. No such refuse or trash shall be placed or left anywhere on the grounds of the public parks, but shall `e placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. (Ord. 547 §1, 2001) 9.38.080: ENFORCEMENT: Any police officer shall, in connection with the officer's duties imposed by law, enforce the provision of this chapter and shall have authority to eject from the public park any person whom the officer has reasonable cause to believe is acting in violation of this chapter and shall have authority to inspect, seize and confiscate any property, thing or device used, or on reasonable cause, believed to be used for the violation of any regulation of this chapter. (Ord. 547 §1, 2001) 9.38.090: VIOLATION; PENALTY: Any person violating the regulations adopted in this chapter shall be deemed guilty of a misdemeanor and punishable by a fine not to exceed three hundred dollars ($300.00) or by a jail sentence not to exceed thirty (30) days or by both such fine and jail sentence. (Ord. 547 §1, 2001)