ORD 77-09 CONDUCT IN PUBLIC PARKSORDINANCE 77-9
AN ORDINANCE REGULATING CONDUCT IN PUBLIC PARKS; PROVIDING FOR
ENFORCEMENT; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF
ITS PROVISIONS.
THE CITY COUNCIL OF THE CITY OF WINSLOW do hereby ordain as
follows:
SECTION 1. Short Title. This Ordinance shall be known and
may be cited as the "Winslow Park Ordinance."
SECTION 2. Definitions. For the purposes of this Ordi-
nance, 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 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.
(1) "City" is the City of Winslow.
(2) "Director" is a person immediately in charge of any
park area and its activities, and to whom all park attendants of
such area are responsible.
(3) "Park" is a park, reservation, playground, beach,
recreation center or any other area in the City, owned or used by
the City, and devoted to active or passive recreation.
(4) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(5) "Vehicle" is any wheeled conveyance, whether motor
powered, animal-drawn, or self-propelled. The term shall include
any trailer in tow of any size, kind or description. Exception
is made for baby carriages and vehicles in the service of the
City parks.
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(6) "Boat" iS any floating vessel whether propelled or not.
SECTION 3. Park Property. No person in a park shall:
(1) Buildings and Other Property.
(a) Disfiguration and Removal. Wilfully mark, deface,
disfigure, injure, tamper with, or displace or remove, any build-
ing, 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 tem-
porary 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 cooperate in
maintaining restrooms and washrooms in a neat and sanitary con-
dition.
(c) Removal of Natural Resources. Dig, or remove any
beach sand, whether submerged or not, or any soil, rock, stones,
trees, shrubs or plants, down-timber or other wood or materials,
or make any excavation by tool, equipment, blasting, or other
means or agency.
(d) Erection of Structures. Construct or erect any
building or structure of whatever kind, whether permanent or
temporary in character, or run or string any public service
utility into, upon, or across such lands, except on special
written permit issued hereunder.
(2) Trees, Shrubbery, Lawns.
(a) Injury 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 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
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any other way injure or impair the natural beauty or usefulness
of any area.
(b) Climbing Trees, etc. Climb any tree or walk,
stand or sit upon monuments, vases, fountains, railing, fences or
upon any other property not designated or customarily used for
such purposes.
(c) Hitching of Animals. Tie or hitch a horse or
other animal to any tree or plant.
(3) Wild Animals, Birds, etc.
(a) Hunting. Hunt, molest, harm, frighten, kill,
trap, chase, tease, shoot or throw missiles at any animal, reptile
or bird; nor shall he remove or have in his possession the young
of any wild animal, or the eggs or nest, or young of any reptile
or bird.
(b) Feeding. Give or offer, or attempt to give to any
animal or bird any tobacco, alcohol or other known noxious sub-
stances.
SECTION 4. Sanitation.
(1) Pollution of Waters.
No person in a park shall:
Throw, discharge, or otherwise
place or cause to be placed in the waters of any stream, or other
body of water in or adjacent to any park or any stream, storm
sewer, or drain flowing into such waters, any substance, matter
or thing, liquid or solid, which will or may result in the pollu-
tion of said waters.
(2) Refuse and Trash. Have brought in or shall dump,
deposit or leave any bottles, broken glass, ashes, paper, boxes,
cans, dirt, rubbish, waste, garbage, or refuse, or other trash.
No such refuse or trash shall be placed in any waters in or
contiguous to any park, or left anywhere on the grounds thereof,
but shall be placed in the proper receptacles where these are
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provided; where receptacles are not so provided, all such rubbish
or waste shall be carried away from the park by the person respon-
sible for its presence, and properly disposed of elsewhere.
SECTION 5. Traffic. No person in a park shall:
(1) City Motor Vehicle Laws Apply. Fail to comply with all
applicable provisions of the City motor vehicles traffic laws in
regard to equipment and operation of vehicles together with such
regulations as are contained in this and other ordinances.
(2) Enforcement of Traffic Regulations. Fail to obey all
traffic officers and park employees, such persons being hereby
authorized and instructed to direct traffic whenever and wherever
needed in the parks and on the highways, streets or roads immedi-
ately adjacent thereto in accordance with the provisions of these
regulations and such supplementary regulations as may be issued
subsequently by the Director.
(3) Obey Traffic Signs. Fail to observe carefully all
traffic signs indicating speed, direction, caution, stopping, or
parking, and all others posted for proper control and to safeguard
life and property.
(4) Speed of Vehicles. Ride or drive a vehicle or horse at
a rate of speed exceeding ten miles an hour, except upon such
roads as the director may designate, by posted signs for speedier
travel.
(5) Operation Confined to Roads. Ride or drive any vehicle
or horse on any area except the paved park roads or parking
areas, or such other areas as may on occasion be specifically
designated as temporary parking areas by the Director.
(6) Parking.
(a) Designated Areas. Park a vehicle or horse in
other than an established or designated parking area, and such
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use shall be in accordance with the posted directions thereat and
with the instructions of any attendant who may be present.
(b) Imnovable Vehicles. Leave any vehicle anywhere in
the park with one or more wheels chained, or with motor set in
gears and doors locked, or in any manner fixed or arranged so
that such vehicle cannot readily be moved by hand.
(c) Double-Parking. Double-park any vehicle on any
road or parkway unless directed by a park official.
(d) Muffler Required. Fail to use a muffler adequate
to deaden the sound of the engine in a motor vehicle.
(7) Bicycles.
(a) Confined to Roads. Ride a bicycle on other than a
paved vehicular road or path designated for that purpose. A
bicyclist shall be permitted to wheel or push a bicycle by hand
over any grassy area or wooded trail or on any paved area reserved
for pedestrian use.
(b) Operation. Ride a bicycle other than on the
right-hand side of the road paving as close as conditions permit,
and bicycles shall be kept in single file when two or more are
operating as a group. Bicyclists shall at all times operate
their machines with reasonable regard to the safety of others,
signal all turns, pass to the right of any vehicle they are
overtaking, and pass to the right of any vehicles they may be
meeting.
(c) Rider Prohibited. Ride any other person on a
bicycle.
(d) Designated Racks. Leave a bicycle in a place
other than a bicycle rack when such is provided and there is a
space available.
(e) Immobile. Leave a bicycle lying on the ground or
paving, or set against trees, or in any place or position where
other persons may trip over or be injured by them.
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SECTION 6. Recreational Activities. No person in a park
shall:
(1) Bathing Areas. Erect, maintain, use or occupy on or
in any beach or bathing area any tent, shelter or structure of
any kind.
(2) Boating.
(a) Operation of Boats. Navigate, direct, or handle
any boat in such a manner as to unjustifiably or unnecessarily
annoy or frighten or endanger the occupants of any other boat.
(b) Attach a boat to a mooring buoy for over 36 hours
in a 72 hour period beginning at the first attacb_ment. Anchor a
boat over the bed of Eagle Harbor leased for the park in a manner
to interfere with any boat attached to a buoy, or for a time
exceeding the same time limit for use of the buoys.
(c) "Raft" two or more boats together over the bed of
Eagle Harbor leased for the Park. This shall apply to boats
using the City's mooring buoys; to boats at anchor both where the
anchor is on City leased bed of Eagle Harbor and where the anchored
boat drifts over City leased bed of Eagle Harbor; and to boats
moored to adjacent piers.
(3) Fishing. Engage in commercial fishing, or the buying
or selling of fish caught in any waters.
(4) Hunting and Firearms. Hunt, trap or pursue wild life
at any time. No person shall use, carry, or possess firearms of
any descriptions, or air-rifles, spring-guns, bow-and-arrows,
slings or any other forms of weapons potentially inimical to wild
life and dangerous to human safety, or any instrument that can be
loaded with and fire blank cartridges, or any kind of trapping
device. Shooting into park areas from beyond park boundaries is
forbidden.
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(5) Picnic Areas and Use.
(a) Regulated. Picnic or lunch in a place other than
those designated for that purpose. Attendants shall have the
authority to regulate the activities in such areas when necessary
to prevent congestion and to secure the maximum use for the com-
fort and convenience of all. Visitors shall comply with any
directions given to achieve this end.
(b) Availability. Violate the regulation that use of
the individual fireplaces together with tables and benches follows
generally the rule of "First come, first served."
(c) Non-exclusive. Use any portion of the picnic
areas or of any of the buildings or structures therein for the
purpose of holding picnics to the exclusion of other persons, nor
shall any person use such area and facilities for an unreasonable
time if the facilities are crowded.
(d) Duty of Picknicker. 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 by the picnicker to be properly
disposed of elsewhere.
(6) Camping. Camp in the open, or in tents, shacks, or any
other temporary shelter, nor shall any person leave any movable
structure or special vehicle to be used or that could be used for
such purpose, such as house-trailer, camp-trailer, camp-wagon, or
the like.
(7) Games. Take part in or abet the playing of any games
involving thrown or otherwise propelled objects such as balls,
stones, arrows, javelins or model airplanes except in areas set
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apart for such forms of recreation. The playing of rough or
comparatively dangerous games such as football, baseball and
quoits is prohibited except on the fields and courts or areas
provided therefor. Roller-skating and riding skateboards shall
be confined to those areas specifically designated for such
pasttime.
(8) Horseback Riding. Ride a horse except on designated
bridle trails. Where permitted, horses shall be thoroughly
broken and properly restrained, and ridden with due care, and
shall not be allowed to graze or go unattended, nor shall they be
hitched to any rock, tree or shrub.
SECTION 7. Behavior. No person in a park shall:
(1) Intoxicating Beverages. Have entered or be under the
influence of intoxicating liquor.
(2) Fireworks and Explosives. Brought, or have in his
possession, or set off or otherwise cause to explode or discharge
or burn, any firecrackers, torpedo, rocket, or other fireworks or
explosives of inflammable material, or discharge them or throw
them into any such area from land or water adjacent thereto.
This prohibition includes any substance, compound, mixture, or
article that in conjunction with any other substance or compound
would be dangerous from any of the foregoing standpoints.
(3) Domestic Animals. Have been responsible for the entry
of a dog or other domestic animal into areas other than automobile
parking concourses and walks immediately adjacent thereto, and in
such other areas as may be clearly marked by signs bearing the
words "Domestic Animals Permitted in This Area." Nothing herein
shall be construed as permitting the running of dogs at large.
All dogs in those areas where such animals are permitted shall be
restrained at all times on adequate leashes not greater than six
feet in length.
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(4) Alms. Shall solicit contributions for any purpose,
whether public or private.
(5) 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, throw, or otherwise scatter
lighted matches, burning cigarettes or cigars, tobacco paper or
other inflammable material, within any park area or on any highway,
road or street abutting or contiguous thereto.
(6) Closed Areas. Enter an area posted as "Closed to the
Public," nor shall any person use, or abet the use of any area in
violation of posted notices.
(7) Games of Chance. Gamble, or participate in or abet any
game of chance.
(8) Loitering and Boisterousness. Sleep or protractedly
lounge on the seat, or benches, or other areas, or engage in
loud, boisterous, threatening, abusive, insulting or indecent
language, or engage in any disorderly conduct or behavior tending
to a breach of the public peace.
(9) Exhibit Permits. Fail to produce and exhibit any
permit from the Director he claims to have upon request of any
authorized person who shall desire to inspect the same for the
purpose of enforcing compliance with any ordinance or rule.
(10) Interference with Permittees. Disturb or interfere un-
reasonably with any person or party occupying any area, or parti-
cipating in any activity, under the authority of a permit.
SECTION 8. Merchandising, Advertising and Signs. No person
in a park shall:
(1) Vending and Peddling. Expose or offer for sale any
article or thing, nor shall he station or place any stand, cart
or vehicle for the transportation, sale or display of any such
article or thing.
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(2) Advertising. Announce, advertise, or call the public
attention in any way to any article or service for sale or hire.
(3) Signs. Paste, glue, tack or otherwise post any sign,
placard, advertisement, or inscription whatever, nor shall any
person erect or cause to be erected any sign whatever on any
public lands or roads in or adjacent to a park.
SECTION 9. Park Operating Policy.
(1) Hours. Except for unusual and unforeseen emergencies,
parks shall be open to the public every day of the year during
designated hours. The opening and closing hours for each indivi-
dual park shall be posted therein for public information.
(2) Closed Areas. Any section or part of any park may be
declared closed to the public by the Director at any time and for
any interval of time, either temporarily or at regular and stated
intervals (daily or otherwise) and either entirely or merely to
certain uses, as the Director shall find reasonably necessary.
(3) Lost and Found Articles. The finding of lost articles
by park attendants shall be reported to the Director who shall
make every reasonable effort to locate the owners. The Director
shall make every reasonable effort to find articles reported as
lost.
(4) Permit.
(a) Application. Any group or organization desiring
to use park facilities for a specific purpose, which purpose will
exclude the general public from the use thereof, shall obtain
permit before engaging in such activity, which permit shall be
issued by the Director on forms supplied by the Director.
(b) Standards for Issuance. The Director shall issue
a permit hereunder when he finds:
(b-l) That the proposed activity or use of the
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park will not unreasonably interfere with or detract from the
general public enjoyment of the park;
(b-2) That the proposed activity and use will not
unreasonably interfere with or detract from the promotion of
public health, welfare, safety and recreation;
(b-3) That the proposed activity or use is not
reasonably anticipated to incite violence, crime or disorderly
conduct;
(b-4) That the proposed activity will not entail
unusual, extraordinary or burdensome expense or police operation
by the City;
(b-5) That the facilities desired have not been
reserved for other use at the day and hour required in the appli-
cation.
(c) Appeal. Within three (3) days after receipt of an
application the Director shall 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 ten (10) days to the
City Council, which shall consider the application under the
standards set forth in subsection (b) hereof and sustain or
overrule the Director's decision within fourteen (14) days.
(d) 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.
(e) Liability of Permittee. The person or persons to
whom a permit is issued shall be liable for any loss, damage or
injury sustained by any person whatever by reason of the negli-
gence of the person or persons to whom such permit shall have
been issued.
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(f) Revocation. The Director shall have the authority
to revoke a permit upon a finding of violation of any rule or
ordinance, or upon good cause shown.
SECTION 10. Enforcement.
(1) Officials. The Director and park attendants shall, in
connection with their duties imposed by law, diligently enforce
the provisions of this Ordinance.
(2) Ejectment. The Director and any park attendant shall
have the authority to eject from the park any person acting in
violation of this Ordinance.
(3) Seizure of Property. The Director and any park atten-
dant shall have the authority to seize and confiscate any property
thing or device in the park, or used, in violation of this Ordinance.
SECTION 11. Penalties.
(1) Overtime or Illegal Mooring. Any person found guilty
of overtime mooring shall be fined $5.00 per hour or fraction
thereof for each hour the boat is in violation of this Ordinance
with a maximum fine of $25.00 per day. Any person who shall
illegally moor a boat shall be fined $10.00 per boat for each
such incident.
(2) Other Violations- Any person found guilty of violating
any of the provisions of this Ordinance, except as set forth in
paragraph (1) above, shall be fined not more than $500.00 or
punished by not more than six (6) months in the City jail, or
both such fine and penalty.
SECTION 12. Separability. In the event any section or sub-
section of this Ordinance shall be found invalid, it shall not
affect the validity of any other section hereof, and all other
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said sections shall remain in full force and effect.
its Mayor this
ATTEST:
PASSED by the Council of the City of Winslow and approved by
APPROVED AS TO FORM:
Robert W. McKisson
Of Beresford, Booth, Lehne, McKisson
& Baronsky
City Attorneys
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