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City of Shawano, WI
Shawano County
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[HISTORY: Adopted by the Common Council of the City of Shawano 4-7-1982 by Ord. No. 872 as Ch. 14 of the 1982 Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Offenses endangering public safety — See § 8.02.
Offenses endangering public peace and good order — See § 8.03.
Bond Schedule — See Ch. 20.
[Amended by Ord. No. 975]
(1) 
Dedication. The grounds of the Woodlawn Shawano City Cemetery as described in Volume 30 of Deeds, page 193, and in Volume 44 of Deeds, page 615, all in the office of the Register of Deeds for Shawano County, has been set aside and dedicated for cemetery purposes by the Council.
(2) 
City jurisdiction. All deeds which shall be executed to purchasers of lots in the cemetery grounds shall contain a covenant whereby the purchasers covenant and agree to release to the City full jurisdiction over the cemetery grounds, as is specified by this subsection, and all regulations adopted by the Council in conformity therewith.
(3) 
(Reserved)[1]
[1]
Editor's Note: Former § 14.01(3) was repealed by Ord. No. 1266.
(1) 
Appointment. A Caretaker of the Cemetery shall be appointed by the Council and shall serve at the pleasure of the Council.
(2) 
Powers and duties.
(a) 
The Caretaker shall exercise general supervision of the Woodlawn Shawano City Cemetery and shall regulate the manner of burial. The Caretaker shall also decide where flowerbeds, headstones, plant stands and other grave-related items shall be located.
(b) 
The Caretaker is authorized to plat cemetery lots on unplatted Cemetery grounds, subject to the approval of the Council.
(c) 
The Caretaker shall assist the City Clerk-Treasurer with the sale of lots within the Cemetery according to the following schedule of prices, to wit:
[Amended by Ord. No. 1002; Ord. No. 1151; Ord. No. 1228; 10-7-1998 by Ord. No. 1377; 12-8-1999 by Ord. No. 1438; 9-7-2005 by Ord. No. 1626[1]]
1. 
Graves throughout the Cemetery shall be sold for an amount as set by Council resolution per grave, said sum to include perpetual care.
2. 
The charge for opening or closing a grave shall be in an amount as set by Council resolution. If it is necessary to move a grave, the charge shall be as set by Council resolution.
[1]
Editor's Note: This ordinance also provided for the repeal of Subsection (2)(d), (e) (f), regarding bonds and moneys.
(1) 
Sale of lots. Whenever any lot in the Cemetery shall be sold, the purchaser thereof shall give the full and correct name of the person in whose name said lot is to be conveyed and pay to the Clerk-Treasurer the price fixed for such lot, and thereupon the Clerk-Treasurer shall give to said purchaser a certificate setting forth a description of the lot, lots or part of a lot sold together with the price, the name of the person paying such price, the name of the person in whose name the deed of said lot shall be conveyed and the price paid by said purchaser. Said certificate shall be filed with the Clerk-Treasurer, who then shall have a deed issued to the purchaser, said deed to be signed by the Mayor and countersigned by the Clerk-Treasurer.
[Amended 9-7-2005 by Ord. No. 1626]
(2) 
Resale of lots prohibited. Any person owning a lot in the Cemetery shall, before disposing, selling or giving same away, give the City first opportunity to purchase said lot or lots at the original purchase price, less the cost of perpetual care and land acquisition, of said lot purchased from the City.
(3) 
Lot records. The Caretaker, with the Clerk-Treasurer, shall make and cause to be made a complete and accurate record of all lots and all persons buried in the Cemetery, in duplicate, one to be kept by the Caretaker and one to be kept by the Clerk-Treasurer for future reference; and said record shall thereafter be annually compared by the Caretaker and the Clerk-Treasurer and reconciled.
(4) 
Payment required before use. No lots shall be used or burial permits granted unless such lots so procured shall first have been paid for, and no person shall willfully inter anyone in the Cemetery before the purchase and payment of said lot, as herein provided.
(5) 
Use of sale proceeds.
[Amended 5-12-2004 by Ord. No. 1594]
(a) 
Cemetery care. Except for perpetual care funds, the money received from the sale of lots shall be used to preserve and care for the Cemetery and for no other purpose, as provided by this section. From the purchase price there shall be allocated for perpetual care 10% of the purchase price per single grave.
(b) 
Perpetual care.
1. 
Moneys received. The moneys received for perpetual care of cemetery lots shall be deposited with the Clerk-Treasurer and shall constitute a trust fund in the hands of the City to be held as a perpetual fund for the care and upkeep of such lots.
2. 
Payment of interest. The Clerk-Treasurer shall keep an accurate separate account of all moneys received for perpetual care and shall, on or before January 31 of each year, report investments of all perpetual care moneys to the Council.
3. 
Funds invested. The moneys received for perpetual care shall be invested, as provided by W.S.A. s. 157.50(6). Interest earned on the perpetual care fund may be used for annual cemetery care.
(1) 
Walls and fences regulated. Except for previously constructed walls, no walls shall be allowed within the cemetery grounds. The Council shall prescribe the kind of fences which may be constructed. No person shall construct any fence without the written approval of the Caretaker, and any person who shall fail to remove such unauthorized fence or wall within 10 days after having been ordered to do so in writing shall be subject to penalty as provided in § 20.04 of this Code.
(2) 
Riding or driving on grounds regulated. No person shall ride or drive in any portion of the cemetery grounds not laid out in the Cemetery as a street or alley.
(3) 
Destruction of property prohibited. No person shall willfully destroy, mutilate, injure or remove any tomb, monument, gravestone, building or other structure placed in the Cemetery, or any fence, railing or other work for the protection or ornamentation thereof, or shall willfully destroy or injure any tree, shrub or plant within the limits of the Cemetery.
(4) 
Sunday burials prohibited. No burial shall be conducted or interment made in the Cemetery on Sundays, except in cases of contagious disease or for some other reason where necessity for immediate burial may be urgent.
(5) 
Cemetery hours. The Cemetery shall be open to the public each day from 1/2 hour before sunrise to 1/2 hour after sunset. Anyone in need of access to the Cemetery at any other time may ask for a special permit at the Police Department. The Department may issue such permit at its discretion, based upon the need to be in the Cemetery at other than the above hours.
[Added by Ord. No. 1116]
It shall be the duty of the Commission to govern, manage, control, improve and care for all City parks and recreational facilities and to provide a recreational program for the City. The Commission may adopt rules and regulations to promote those purposes.
The Director of the Park and Recreation Department shall be responsible for the day-to-day operation of City parks and recreation facilities in conformance with policies, rules and regulations adopted by the Park and Recreation Commission and the provisions of this subchapter.
(1) 
Public meetings, etc. Public meetings, assemblies, entertainments, tournaments or public discussions are hereby permitted in the parks by written permit only. The purpose of said permit is to schedule, not prohibit, gatherings. Permits may be obtained from the Director on an application-first basis.
(2) 
Recreational facilities; permit. Recreational facilities may be reserved by written permit issued by the Director.
(3) 
Amplifying equipment. No person shall use amplifying equipment in the parks of the City without first having obtained a written permit from the Director. The purpose of the permit is to regulate the amplification in such a manner that it will not compete with other events taking place at said park.
(4) 
Exclusive use of picnic and play area. Local organizations and groups may have exclusive use of designated picnic or play areas for a designated period upon obtaining a written permit from the Director. A complete set of rules shall be furnished to the organization or group at the time the permit is issued. The cost of any repairs or cleanup shall be charged to the organization or group obtaining the permit.
(5) 
Organized games or amusements. Organized games and amusements may be conducted only upon obtaining a written permit from the Director.
(6) 
Food and refreshment stands. Temporary nonprofit food and refreshment stands may be used only upon obtaining a written permit from the Director and all licenses required by this Code.
(7) 
Commercial activity. Any commercial activity may be conducted only upon obtaining a written permit from the Director.
(8) 
(Reserved)[1]
[1]
Editor's Note: Former § 14.07(8) was repealed by Ord. No. 831.
(9) 
Trapping. The trapping of animals may be conducted only upon obtaining a written permit from the Director.
(10) 
Establishment of park fund and expenditure of fund.
[Added 12-8-1999 by Ord. No. 1429]
(a) 
A nonlapsing fund, to be known as the "park fund," is hereby established and shall be used by the City to purchase real property to be used exclusively for City parks, for capital improvements to parks and improvements on other property under contract for use as a City park or recreational area.
(b) 
The Park and Recreation Commission shall recommend the expenditure of any funds from the park fund, and the expenditure of funds shall be subject to approval of the Common Council and as otherwise required by state statutes.
Beer is permitted only in designated park areas.
[1]
Editor's Note: See also § 8.03(2), Intoxicating liquors.
[Amended by Ord. No. 830; Ord. No. 1117; 9-8-1999 by Ord. No. 1419; 7-12-2000 by Ord. No. 1458; 8-13-2008 by Ord. No. 1718]
(1) 
General regulations. In addition to activities prohibited in Chapter 8 of this Code, the following activities are prohibited in City park and recreational areas:
[Amended 6-13-2018 by Ord. No. 1944]
(a) 
No person shall consume or possess intoxicating liquor.
(b) 
No person shall hit a golf ball in or into any park or parkway.
(c) 
No person shall light any fire for any purpose, except in park fireplaces or portable grills. Dumping hot coals and ashes on the grass, tree areas or anywhere other park users would be endangered is prohibited.
(d) 
No person shall bring any animal into park areas with the exception of dogs. All dogs must be licensed, up to date on rabies vaccinations, and on a visible leash no greater than six feet in length. Dog owners shall be responsible for removal and disposal of dog waste. No animals, including dogs, are allowed in the fenced in areas of the ball fields located at Memorial and Martzke Parks. Event coordinators shall have the authority to create and enforce restricted areas for dogs within parks during the duration of their approved event.[1]
[Amended 10-13-2021 by Ord. No. 1997]
[1]
Editor's Note: See also § 7.13(5), Dogs or cats running at large; untagged dogs and unidentified cats.
(e) 
No person shall gamble, except the conducting of bingo and attendant activities as permitted by W.S.A. Ch. 563.
(f) 
Sleeping, camping or lodging in any park area is prohibited.
(g) 
No person shall smoke in any building or section of a building where officially posted notices so prohibit.
(h) 
No person shall climb any tree or pluck any flowers, wild or cultivated, or break, cut down, trample upon, remove or in any manner injure or deface, write upon, defile or ill use any tree, shrub, flowers, flower bed, turf, fountain, ornament, statue, building, fence apparatus, bench, table, official notice, sign, bridge, structure or other property within any park or parkway.
(i) 
No person shall remove any device for the protection of trees and shrubs.
(j) 
No person shall interfere with or in any manner hinder any employee of the Park and Recreation Commission nor any employee of the contractor while engaged in construction, repairing or caring for any portion of the parks and parkways.
(k) 
No person shall in any manner disturb, harass or interfere with any person or party holding a written permit granted pursuant to § 14.07(4) of this chapter.
(l) 
No person shall use or possess any glass beverage bottles in the City Cemetery and/or parks.
(m) 
Advertising or business activity. No person shall post unauthorized signs on any lands, structures or property or solicit, transact or conduct any business of any nature in or upon any City park or recreational area without having first obtained the written consent of the Director.
(n) 
No person shall feed any wildlife in any public parks or on any other property owned or occupied by the City of Shawano. Wildlife shall be defined as mammals or birds that are neither human nor domesticated.
(2) 
Skate park regulations. The following regulations apply to any area designated as a skate park:
(a) 
This skate park is for skateboards, in-line skates or nonmotorized scooters only.
(b) 
No bikes are allowed on the skate park. Metal parts on bikes damage concrete.
(c) 
No motorized vehicles of any kind are allowed on the skate park.
(d) 
No glass bottles are allowed on or around the skate park.
(e) 
No profanity; small children use this park as well as you.
(f) 
No amplified music; use personal music systems only.
(g) 
Place trash and recyclables in appropriate containers.
(h) 
Use courtesy and respect all park users. Treat others as you would like to be treated.
(i) 
Park hours are dawn to dusk. Park closes at dusk.
(j) 
Report any dangerous behavior, bullying, vandalism, fighting, alcohol, drug abuse or other inappropriate behavior to the Shawano Police Department, 715-526-6117.
(k) 
Skate at your own risk. This skate park is unsupervised. Personal protective equipment (helmet, pads, etc.) is strongly suggested. The City of Shawano is not responsible for injuries to persons using this skate park.
(l) 
Failure to follow park rules will result in fines and/or closing of the skate park.
Except for authorized deliveries, all motor vehicles are prohibited on park grounds.
No boats may be launched or landed on or from park property.
(1) 
No person shall wade, bathe or swim within a park or parkway except at such a pool or beach provided for that purpose by the Commission.
(2) 
No person shall wade, bathe, swim in or attend at any such pool or beach without proper bathing attire as prescribed by the rules and regulations of the Commission.
(3) 
Persons using the pool or beach are subject to rules and regulations of such pool or beach.
(4) 
There is hereby established a water ski pickup and dropoff area as shown on the attached map, at the dock located at the Wolf River Beach at the west end of Fifth Street. Organizations and groups may have exclusive use of this area for a designated period upon obtaining a written permit from the Director of Parks and Recreation. No swimmers may be present within the water ski pickup and dropoff area as posted at the Wolf River Beach during the authorized hours designated in said permit. Said permit shall be for not more than four hours, unless a special event permit is obtained.
[Added 8-11-1999 by Ord. No. 1414]
All parks and playgrounds shall be closed between the hours of 11:00 p.m. and 6:00 a.m., except by special permit issued by the Director. In case of an emergency or when in the judgment of the Commission the public interest demands it, any portion of the parks and parkways or buildings therein may be closed to the public or the designated persons until permission is given to return.
[1]
Editor's Note: Former § 14.14, Community Hall, was repealed 4-21-2009 by Ord. No. 1744.
Any person who shall violate any provision of this chapter shall be subject to the penalty provided in § 20.04 of this Code. Each violation and each day a violation shall continue shall constitute a separate offense.
[1]
Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.