HomeMy WebLinkAboutItem #5 Chapter 9.38- Public ParksCITY OF CHUBBUCK
ORDINANCE No.
AN ORDINANCE TO UPDATE CITY CODE: TITLE 9, GENERAL CRIMINAL CODE,
CHAPTER 38, PUBLIC PARKS, REPEALING AND REPLACING THE CHAPTER IN ITS
ENTIRETY; ADOPTING DEFINITIONS; ESTABLISHING A REWARD FOR REPORTING
CERTAIN ACTIVITIES UPON CONVICTIO; ESTABLISHING REGULATIONS FOR PARKS
AND THEIR USE AND A PROCESS FOR THE RESERVATIONS OF SUCH BY THE
PUBLIC; ESTABLISHING GENERAL PARK REGULATIONS RELATED TO
ALCOHOL/BEER, CAMPING, DOGS AND OTHER ANIMALS, GOLFING, GLASS
CONTAINERS, OFF-HIGHWAY VEHICLE USE, OPERATION OF VEHICLES IN PARKS,
PARKING REQUIREMENTS, RESTRICTED HOURS, AND USERS' OBLIGATION TO
MAINTAIN FACILITIES AS FOUND; ESTABLISHING PROVISIONS FOR
ENFORCEMENT OF THE CHAPTER, INCLUDING PROVISIONS OF EJECTION,
TRESPASS, EXCLUSION; ESTABLISHING THAT VIOLATIONS OF THE CHAPTER ARE
INFRACTIONS AND SETTING A PENALTY; AND SETTING FORTH AN EFFECTIVE
DATE OF THE ORDINANCE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. REPEAL AND REPLACE 9.38. Section 9.38 of Chubbuck Municipal Code is
repealed in its entirety and replaced with the following:
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.
VEHICLE: A piece of equipment used to carry or transport something, including but not limited
to automobiles, trucks, tractor trailers, utility trailers, recreational vehicles, camp trailers, side -
by -sides (UTVs), all -terrain vehicles (ATVs), golf carts, etc.
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 other criminal behavior which results in
damage to public property.
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 the Council determines to fund an
award.
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 the park amenity is reserved by such person pursuant to the
provisions of this chapter.
Com: x,11111i1_M�[I � .Y�� :: it ii/::' :�:i �: u�i�hlMMi 1
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 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 may reserve the amenities at the
requested 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.
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:
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.
C. DOGS AND ANIMALS: Any owner of a dog or other animal or any person in control or
possession of a dog or other animal is prohibited from taking or permitting any dog or other
animal to be taken upon or permitted upon any public park, except for a service dog or miniature
horse under the Americans with Disabilities Act. Animals which are prohibited normally under
this chapter may be allowed on a case-by-case basis with written approval from the Director
subject to time controls and conditions of approval as determined necessary by the Director.
Notwithstanding the foregoing, a dog may be allowed in public parks i£
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: Any 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 to be operated 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: No person shall drive any motor 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 in a park at a rate of speed exceeding fifteen (15) miles per hour, except upon such roads
designated by posted signs, for faster travel.
I. PARKING: No person shall park a vehicle in other than an established or designated parking
area, and such use shall be in accordance with posted directions at the parking area, 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 closure 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: 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 a public park, 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.
5. 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 provisions of this chapter. Authorized representatives of the Director have limited
authority to require that a person cease an unlawful activity or leave a park for cause, but said
representatives do not have other powers which are authorized to police officers.
B. EJECTION: Any police 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 to enter, remain in, or be present within an area of the park
clearly delineated by signs or barriers as temporarily or permanently closed to the public.
Trespass in a park 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 or any provision of this chapter or the 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.
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.
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 an
infraction and punishable by a fine not to exceed three hundred dollars ($300.00), or by a jail
sentence not to exceed thirty (3 0) days or by both such fine and jail sentence.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the city
and any provision of the Municipal Code which conflict with the provisions of this Ordinance are
repealed to the extent of such conflict.
Section 2. Severability. The sections of this Ordinance are severable. The invalidity of a
section shall not affect the validity of the remaining sections.
Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days,
one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective
upon its passage, approval, and publication.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE
CITY OF CHUBBUCK, IDAHO, this day of , 2024.
Kevin B. England, MAYOR
ATTEST:
Joey Bowers, CITY CLERK