[HISTORY: Adopted by the Levy Court of Kent
County 1-20-1981. Amendments noted where applicable.]
These regulations are established to govern
the conduct of members of the public in parks and recreational facilities
established and maintained by the Kent County Department of Community
Services, Parks Division, and to protect the public property.
As used in this chapter, unless the context
otherwise clearly indicates, the following terms shall have the meanings
indicated:
Refers to the Division of Parks responsible to the Director
of the Department of Community Services and to the Parks and Recreation
Commission.
Any park, recreation center, playground, ball field, walkway,
road, parking lot, picnic area, pavilion, stage, playscape, support
facility or any other public area in Kent County that is owned, operated,
or maintained by the County for public use.
[Amended 8-25-2009 by Ord. No. 09-17]
A.
Except as otherwise provided in this chapter, recreation
facilities will be open to the public from dawn to dusk.
B.
The park system and recreational facilities established,
maintained and operated by the County is open to all members of the
public irrespective of race, sex, national origin, color or creed.
C.
Any section or part of any park or recreational facility
may be declared closed to the public by the Division at any time and
for any interval of time, either temporarily or at regular and stated
intervals and either entirely or for certain uses, as the Division
shall find necessary. Any aggrieved party may appeal to the Parks
and Recreation Commission.
A.
Conduct. All persons using any recreation facility
shall conduct themselves properly at all times and shall act in a
manner that shall not jeopardize the life, limb or safety of another.
B.
Proper clothing. All persons using any recreation
facility shall be properly clothed at all times, in conformity with
the use being made of the facility.
C.
Obscene language. The use of obscene language is prohibited
within any recreation facility.
D.
Abuse of facilities. Abuse of any recreation facility
or any part of them is prohibited.
A.
Permits are required for the following purposes:
(1)
For exclusive use of recreation buildings and grounds,
pavilions and other areas designated by the Division.
(2)
Special events of a cultural or recreational nature
and pageants held on park property.
(3)
Restricted
vending/concession of food or beverage items; permit to be issued
in conjunction with an application for exclusive use of recreational
facilities.
[Added 8-9-2011 by Ord.
No. 11-16]
B.
Any person or association of persons desiring to reserve
one or more of the above-mentioned facilities for any lawful activity
shall file an application for a permit with the Division, in accordance
with the following provisions:
(1)
The application shall be made in the form prescribed
by the Division. Application shall be made 15 days previous to the
date on which such reservation is desired.
(a)
Facility exclusive use permit application will be accepted no earlier
than three months in advance of requested event date.
[Added 5-10-2011 by Ord. No. 11-10]
(2)
The Division shall issue a permit hereunder when it
is satisfied that:
(a)
The proposed activity of use of the park will
not unreasonably interfere with or detract from the general public
use and enjoyment of the park.
(b)
The proposed activity and use will not interfere
with or detract from the promotion of public health, morals, welfare,
safety and recreation.
(c)
The proposed activity or use is not reasonably
anticipated to incite violence, crime or disorderly conduct.
(d)
The proposed activity will not entail unusual,
extraordinary or burdensome expense for police operation or maintenance
by the County.
(e)
The facilities desired have not been already
reserved for other use at the day and hour stated in the application.[1]
[1]
Editor's Note: Former Subsection B(2)(f), regarding the total
number of comparable reserved facilities, which immediately followed,
added 8-25-2009 by Ord. No. 09-17, was repealed 5-10-2011 by Ord.
No. 11-10.
(3)
The Division shall take the following additional considerations
into account in considering the application to fairly determine as
to whether a permit should issue hereunder.
C.
A permit
fee schedule shall be maintained by the County for each park facility
or activity that is subject to a permit fee. These fees shall be collected
by the Division at the time of reservation confirmation to include
a security deposit of a value equal to the permit fee for the activity.
[Added 8-25-2009 by Ord.
No. 09-17]
Within five days after receipt of an application,
the Division shall apprise an applicant of its decision to grant or
refuse a permit, and if a permit is refused shall advise the applicant
of the reasons therefor, and any aggrieved person shall have the right
to appeal in writing to the Parks and Recreation Commission, who shall
consider the application in the light of the standards set forth herein
and sustain or overrule the decision within five days of receipt of
appeal.
The grantee of a permit shall be bound by all
park rules and regulations in force as though the same were inserted
in the permit. The person to whom a permit is issued shall be liable
for any loss, damage or injury sustained by any person whatever by
reasons of the negligence of the person or persons to whom such permits
are issued.
The Division shall have the authority to revoke
a permit upon violation of any rule or regulation.
The operator of any public facility or accommodation
in a park area and its employees while using park areas are prohibited
from publicizing the facilities, accommodations or any activity conducted
therein in any manner that would directly or inferentially reflect
upon or question the acceptability of any person or persons because
of race, sex, creed, color or national origin by refusing to furnish
such person or persons any accommodation, facility, service or privilege
offered to or enjoyed by the general public.
A.
The Division is expressly empowered to delegate to
any member of its staff or to any member of the Delaware State Police
the power given the Division by these regulations by general or special
order.
B.
The Division is empowered, with the consent of the
Parks and Recreation Commission, to prescribe and authorize the collection
of such service fees for the use of park and recreational facilities
by general or special order as it may deem fit.
A.
It shall be prohibited for any person to operate a
motor vehicle, motorcycle, motorbike or other two- or three-wheeled
motor-driven vehicle upon any lands administered by the Kent County
Department of Community Services, Parks Division, unless said vehicle
is licensed for use upon public highways and roadways.
B.
No person shall operate a motor vehicle, motorcycle,
motorbike or other two- or three-wheeled motor-driven vehicle upon
any lands administered by Kent County Department of Community Services,
Parks Division, unless said person has been issued and is the holder
of a valid license or permit to operate said vehicle on public highways
and roadways. License or permit shall be in the immediate possession
of the licensee at all times when driving a motor vehicle and shall
display the same upon demand.
C.
No person shall authorize or permit a motor vehicle
of any type owned by him or under his control to be driven by any
person on County park lands, knowing that said person has no legal
right to do so, or shall authorize or permit said vehicle to be driven
in violation of any of the provisions of the County's rules and regulations.
D.
No person shall willfully fail or refuse to comply
with any lawful order or direction of any park employee invested by
law with authority to direct, control or regulate traffic on County
park lands.
E.
The driver of a motor vehicle shall not follow another
vehicle more closely than is reasonable and prudent, having due regard
for the speed of such vehicles and the traffic upon and the condition
of the roadway or area.
F.
Preferential right-of-way at an intersection or other
place may be indicated by stop signs or yield signs as authorized
and installed by the County.
(1)
Except when directed to proceed by a park employee
or traffic-control device, every driver of a vehicle approaching a
stop intersection indicated by a stop sign shall come to a complete
stop before entering the intersection.
G.
Enforcement of traffic laws. All traffic laws and
regulations applicable in areas covered by this part shall be observed
by the operators of vehicles, bicycles, equestrians and by pedestrians
who shall also comply with the official traffic signs and signals,
and traffic direction by voice, hand or whistle from any member of
the Delaware State Police or designated park employee on duty in an
area covered by this part. These directions may include signals for
slowing down, stopping, backing, approaching or departing from any
place, the manner of taking up or setting down passengers and the
loading and unloading of any material.
H.
No person riding upon any bicycle, coaster, roller
skate, sled or toy vehicle shall attach the same or himself to any
motor vehicle being operated on County park lands.
I.
No person shall ride upon any vehicle without the
consent of the driver, and when any person is riding on any vehicle
with the driver's consent, no part of the person's body may protrude
beyond the limits of the vehicle.
J.
No person shall drive or operate a motor vehicle on
lands administered by the County, unless such motor vehicle is equipped
with a muffler in good working order and in constant operation to
prevent excessive or unusual noise. No person while on County park
lands shall at anytime use a horn other than a reasonable warning
signal or make any unnecessary or unreasonable harsh sound by means
of a horn or other warning devices.
K.
No vehicle shall be driven or moved on any lands administered
by the County unless so constructed or loaded as to prevent its contents
from dropping, sifting, leaking or otherwise escaping therefrom.
L.
It shall be unlawful for any person to operate any
motor vehicle or any other type of vehicle, or to ride or lead any
horse within any area administered by the County, except on such roads,
paths or other areas specifically designated by the County for such
purpose.
M.
It shall be unlawful for any vehicle to be allowed
to remain on lands administered by the County after closing hours.
N.
Any person empowered to enforce the County rules and
regulations while in the performance of his duties may remove or cause
to be removed from any lands administered by the County, at the owner's
or operator's expense, any motor vehicle or part thereof parked or
standing in such a manner as to create a hazard by interfering with
the normal movement of traffic or by preventing the entrance to or
exit from any roadway, berm, trail or parking lot; by interfering
with emergency fire-fighting or rescue equipment; being involved in
an accident and rendered incapable of being moved under its own power;
when the owner or operator has been arrested and detained; when the
owner or operator is unable, unwilling or not available to move said
vehicle or camping unit immediately; or when said vehicle, camping
unit or part thereof is found to be in violation.
(1)
No vehicle or camping unit removed or caused to be
removed pursuant to this section shall be released until payment is
made for such removal and/or storage and proper authority to possess
and operate said vehicle or part thereof has been displayed by the
person attempting to recover said vehicle, camping unit or part thereof.
(2)
No liability shall occur to the Department or its
authorized agents for any damage or loss caused by such removal.
O.
Aviation. No person shall voluntarily bring, land
or cause to descend or alight on or upon any lands or waters administered
by the County any aircraft, flying machine, balloon, parachute or
other apparatus for aviation except with the prior consent of the
Division or its authorized agent. "Voluntarily" in this connection
shall mean anything other than a forced or emergency landing. Flying
of model aircraft or the launching of model rockets shall not be permitted
within County park lands except in areas set aside and designated
for such purpose.
A.
Intoxicated persons. It shall be unlawful for any
person to enter or use any recreation facility who is under the influence
of any alcoholic beverage or drugs.
B.
Possessing alcoholic beverages or drugs. It shall
be unlawful for any person to possess any alcoholic beverage or drug
while within the confines of a County park.
Glassware of any description whatsoever shall
not be brought into any facility.
It shall be unlawful for any person to drop
or throw any object in the water.
Gambling in any form or the operation of gambling
devices whether for merchandise or otherwise in park areas is prohibited.
No person shall tamper with, mar, remove or
destroy any official or public sign.
No person shall dump any material or refuse
of any description in any area covered by this park, except pursuant
to the provisions of any official permit.
No person shall store material of any description
or displace, leave, house or permit to be placed or left in any area
covered by this part vehicles or parts of vehicles or rubbish of any
description, except pursuant to the provision of an official permit.
No person shall enclose any area covered by
this part or erect any fence or wall or build any trail, road, bridge
or other structure in any area covered by this part, except pursuant
to the provision of an official permit.
No person shall pour or cause to spill or permit
to escape in any area covered by this part any oil, gas, salt, acid
or other deleterious substance whether liquid, solid or gaseous, except
pursuant to the provision of an official permit.
Any other injury to or removal of any park property,
except under authority of law, is prohibited.
The destruction, injury, defacement, removal
or disturbance in any manner of any soil, rock, mineral formation
or phenomenon of crystalization is prohibited. The provision of this
section does not pertain to construction projects authorized by the
County.
A.
Lubricating, repairing or performing any mechanical
work upon vehicles except emergency in park areas is prohibited.
B.
The throwing of objects which may cause injury to
persons or property on any road, path, walk, parking lot or lawn area
is prohibited.
C.
No person shall enter, remain or loiter in or around
any comfort station or other public structure in a park area except
to use such facility for the purpose for which it is intended.
D.
No person over the age of six years shall use the
rest rooms and washrooms designated for the opposite sex.
E.
No person shall deposit any bodily waste in or on
any portion of any comfort station or other public structure in a
park area excepting directly into such particular fixtures as may
be provided for that purpose, nor place any bottle, can, cloth, rag
or metal, wood or stone substance in any of the plumbing fixtures
in such station or structure.
F.
No person shall cut, deface, mar, destroy or break
or write on or scratch any walls, floor, ceiling, partition, fixture
or furniture or use towels in any improper manner or waste soap or
toilet paper in any of the facilities provided in any comfort station
or other public structure in a park area.
G.
No person shall prune, cut, carry away, pull up, dig,
fell, bore, chop, saw, chip, pick, move, sever, climb, molest, take,
break, deface, destroy, set fire to, scorch, carve, paint, mark, or
in any manner interfere with, tamper, mutilate, misuse, disturb or
damage any tree, shrub, plant, grass, flower or part thereof, nor
shall any person permit any chemical, whether solid, fluid or gaseous,
to seep, drip, drain or be emptied, sprayed, dusted or injected upon,
about or into any tree, shrub, plant grass, flower or part thereof,
except when specifically authorized, nor shall any person build fires
or station or use any tar kettle, heater, road roller or other engine
within an area covered by this part in such a manner that vapor, fumes
or heat therefrom may injure any tree or other vegetation.
H.
No person shall make any use of lawn area which tends
to injure the lawns in any manner. This section shall not be construed
to prohibit casual strolling over lawn areas.
I.
No person shall hitch, tie, fasten, nail, anchor,
screw or otherwise attach any wire, cable, chain, rope, card, sign,
poster advertisement, notice, announcement, handbill, board or other
article or device to any tree, shrub or plant without first obtaining
an official permit.
J.
No person shall excavate any ditches, tunnels, holes
or trenches, or lay any sewer or pipe line, drain, conduit or cable,
walk, path, drive or highway within or affecting any park area without
first obtaining an official permit. In making permitted excavations
proper care shall be taken to prevent injury to the roots of trees,
shrubs or plants. Upon completion of the work, the ground surface
shall be restored by the permittee and the correction of any future
settling of the backfill shall likewise be the responsibility of the
permittee.
K.
All trees, shrubs or other plants growing within any
park near any excavation or construction of any kind shall be protected
with a substantial and adequate guard constructed by the permittee.
L.
Any person owning or operating beneath the ground
on or adjacent to park areas, any pipes or other conduits for transmission
or delivery of illuminating gas, oil, steam, electric current or other
substance in liquid or gaseous form shall locate and maintain such
pipes or conduits free from leaks and in such condition as to prevent
injury to any tree, shrub, plant, lawn or other vegetation growing
within park areas.
M.
No person shall string any wire or wires through or
above any park areas, nor prune or remove branches or trees which
may now or hereafter interfere, rub or grow near existing wires; nor
attach any wire, insulator or device to trees or within any area covered
by the root system of trees, without first obtaining an official permit.
Any person having jurisdiction or control over any wire or conduit
for the transmission of an electric current shall guard all trees
through which such wires or conduits pass against any injury from
the wires or the electric current carried thereby. The device or means
used in each case, be of a type approved by the County.
N.
No person shall plant or cause to be planted any shrub
or plant or introduce any wild or exotic animals within a park area
without first obtaining permission from the Division.
O.
No person shall discharge or set off fireworks, firearms
or other explosives.
P.
No person shall catch, injure, destroy or interfere in any way with any wild animal with the exception of fishing as covered in § 168-29, Fishing in park areas.
Q.
No persons shall indulge in riotous, boisterous, threatening
or indecent conduct or abusive, threatening, profane or indecent language.
R.
No person shall play audio devices, including radios,
television sets, public address systems and musical instruments, when
disturbing the quiet of the picnic areas or other public places and
gatherings without a special permit indicating such permission.
S.
No person shall solicit alms or contributions in parks
or recreational areas, except with the official permit obtained for
this purpose.
T.
Grazing of any animal in the parks is prohibited,
except by permit obtained for this purpose.
U.
No person shall bring into the park and deposit trash
from private premises in trash receptacles.
The following activities are prohibited in the
parks except within designated areas and subject to special regulations:
A.
Model airplane flying.
B.
Archery.
C.
Possession and use of firearms of any type.
D.
Golf practice.
E.
Fires of any kind.
F.
Horseback riding.
G.
Use of any motor-propelled vehicle, including minibikes,
trail bikes and snow sleds off a road.
H.
Games involving thrown or other propelled objects
such as stones, arrows, javelins or model airplanes except on areas
set apart for such forms of recreation.
I.
Swimming, baths or wading.
J.
Hunting.
Horses shall not be allowed to move over any
park area without a special permit indicating permission.
All trash in nature of boxes, paper, cans, bottles,
garbage and other refuse is to be placed in disposal receptacles where
provided.
Permits for set games. Playing league baseball,
softball, football and other set games or sports in park areas except
under official permit and upon the grounds provided for such purpose
is prohibited.
A.
All persons shall skate at their own risk and use
their own judgment as to when and where the ice is safe for skating.
B.
When skating, all persons shall be under obligation
to refrain from fast and reckless skating when such skating might
endanger the life or limb of other persons.
C.
Kent County Parks and Recreation Commission reserves
the right to prohibit ice skating at any time that it is deemed in
the best interest of the public.
Fishing shall be permitted, in accordance with
laws and regulations as set forth by the Kent County Parks and Recreation
Commission in all waters and from all lands under the jurisdiction
of the County during regular park hours.
Camping is prohibited except where permitted
by the Division.
A.
In picnic areas, fires shall be limited only in the
established fireplaces and barbecue grills commercially manufactured
for such purposes. Hot coals shall be dumped in the container provided
for such purposes.
B.
For cooking purposes charcoal grills, gasoline or
gas stoves may also be used in picnic areas.
C.
Due diligence shall be exercised in building and putting
out fires and the disposal of charcoal to prevent damage to trees
and vegetation and to prevent forest fires.
D.
Smoking or the building of fires may be prohibited
or limited by the Division or Fire Marshal when, in its or his judgment,
the fire hazard makes such action necessary.
Any person who shall be found guilty of violating
any provision of these regulations shall, upon demand made by the
Division, immediately surrender any permit granted to him under the
provisions of these regulations to the Division. Thereafter, no similar
permits shall be issued to the person until the Division is satisfied
that the person will not violate similar provisions of these regulations
in the future.
A.
No permit shall be issued for a function for any purpose
if it appears that the conduct of the function may reasonably be expected
to deprive the public of the reasonable use and enjoyment of the park
or interfere with the public's right for free passage in the park.
No loitering or unlawful assembly in parks is permitted.
B.
On days when pageants, ceremonies, celebrations and
entertainments in park areas are to be held, special regulations as
to the parking of vehicles and positions and movements of spectators
shall be promulgated by the Division. All persons within the area
of such special regulations shall obey or comply with the lawful orders
of the police or other authorized persons engaged in maintaining order.
No photographs or motion or sound pictures shall
be taken in the park system for commercial purposes or for use in
commercial advertising except with permission of the Division and
on payment of fees prescribed by it.
Carrying or possessing, while in any area covered
by this part, a gun, air gun, bow and arrow, sling, dart, projectile
thrower, knife with blade more than three inches long or any other
dangerous weapon is prohibited, provided that nothing in this section
shall be construed as to prevent the use of target ranges and the
use of bows and arrows by park visitors on officially established
archery ranges.
Lost articles or money which are found in park
areas shall be turned over to the Division. Proper records shall be
kept by the Department of Community Services, Parks Division, of the
receipt of and disposition of such articles. If the lawful owner of
any article or money deposited with the Division does not claim the
same within a period of 30 days, it may be retained as the property
of the County or may be disposed of at a public auction.
No person shall carry on, conduct or solicit
any business, trade, occupation or profession in any park area except
in pursuance of a concession, permit or lease granted by the Division
under the prescribed regulations for this purpose.
A.
No facility, utility, works, building or other installation
may be installed or maintained in a park area without an official
permit designated as an "installation permit."
B.
Installation permits may be issued by the Division
and shall be subject to the payment of such fees and such conditions
of location, relocation, removal, restoration, design, materials,
method of construction, time expiration, termination and other requirements
as may be prescribed in the permit or by regulations of Kent County
and instructions issued thereunder. The Division may require a cash
or surety bond acceptable to it in such amount as it deems adequate
to insure full compliance with the conditions of the permit.
C.
All permittees must comply with all state and applicable
local laws and all regulations of Kent County Parks and Recreation
Commission relating to all park areas.
D.
An installation permit may be revoked and the removal
of the installation required by the Division with the approval of
the Levy Court by mailing to the permittee written notice to that
effect at least 30 days prior to the effective date of the revocation
of the permit.
E.
Appeals from administrative action relating to installation permits issued pursuant to Subsection B of this section may be taken from any administrative action by filing with the Division a written request for reconsideration thereof or notice of appeal. Administrative action of the Division shall be final unless an appeal and a statement setting forth in detail the reasons why the administrative action taken by the Division is contrary to or in conflict with the facts, the law or the regulations of the County. Upon receipt of such a statement, the Division shall submit a statement reviewing the case and presenting the facts and considerations upon which its action is based. The two statements, together with all papers comprising the record in the case, shall be transmitted to the Levy Court, which will thereupon consider the case and recommendations from the Division and advise both the appellant and the Division of their decision.
A.
General penalty. In any case where there shall be
a violation of any section of this chapter for which no penalty is
provided, the person violating that section shall be subject to a
fine of not more than $100 for each violation.
B.
Traffic violations. Traffic violations will be enforced
by the Delaware State Police in accordance with ordinances established
by the state, and summons issued in accordance with the law.
C.
Statutes, other applicable regulations. Any person
violating any state law or municipal law or ordinance which is in
force and applicable to any area covered by this part shall, upon
conviction, be punished in accordance with the penalty provisions
of such act, rule or regulations.
D.
Place of trial. Any person violating any of the regulations
contained in this part in park areas is subject to prosecution and
trial in the state courts in which jurisdiction the offense occurred.
The supervision of each recreation facility
shall at all times be under the control of the Kent County Levy Court,
or the duly authorized officers and employees of the County.
A.
The recreation facilities operated by the County are
governmental functions of the County. All persons using recreation
facilities at any time do so at their own risk.
B.
These regulations on promulgation repeal all preexisting
regulations in force, except that such regulations shall be deemed
to be force for the purpose of perfecting any right vested, accrued
or arising therefrom.
