[HISTORY: Adopted by the Village Board of the Village of
Dane 4-1-1996 as Title 12, Ch. 1, of the 1996 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 197.
Bicycles and play vehicles — See Ch. 210.
Fires and fire prevention — See Ch. 294.
Fireworks — See Ch. 298.
Intoxicating liquor and fermented malt beverages — See Ch. 324.
Peace and good order — See Ch. 395.
Snowmobiles — See Ch. 442.
Trees and shrubs — See Ch. 480.
A.
Purpose and definition. In order to protect the parks, parkways,
recreational facilities and conservancy areas within the Village of
Dane from injury, damage or desecration, these regulations are enacted.
The term "park" as hereinafter used in this chapter shall include
all grounds, structures and watercourses which are or may be located
within any area dedicated to the public use as a park, parkway, recreation
facility, playground, swimming pool or conservancy area in the Village.
B.
Specific regulations.
(1)
Littering prohibited. No person shall litter, dump or deposit any
rubbish, refuse, earth or other material in any park.
(2)
(3)
Bill posting. No person shall post, paste, fasten, paint or attach
any placard, bill, notice, sign or advertising matter upon any structure,
tree or other natural object in any park, except park regulations
and other signs authorized by the Village Board.
(4)
Throwing stones and missiles prohibited. No person shall throw stones
or other missiles in or into any park.
(5)
Removal of park equipment prohibited. No person shall remove benches,
seats, tables or other park equipment from any park.
(6)
Trapping. "Trapping," when used in this section, includes the taking,
or the attempting to take, of any wild animal by means of setting
or operating any device, mechanism or contraption that is designated,
built or made to close upon, hold fast or otherwise capture a wild
animal or animals; live traps on a person's property are excluded.
The trapping of wild animals is hereby prohibited in Village parks.
(7)
Making of fires. No person shall start, tend or maintain a fire except
in personal grills or designated fireplaces. Personal grills shall
be used only in designated picnic areas. The use of personal grills
is permitted, provided lawns and vegetation are not endangered. Unburned
fuel and ashes shall be disposed of in such a manner as to prevent
fire or damage to any park property.
(8)
Protection of park property.
(a)
No person shall kill, injure or disturb or attempt to injure
or disturb waterfowl, birds or animals, wild or domestic, within any
park, except as permitted by this chapter. No person shall climb any
tree or remove flowers or fruit, wild or cultivated, or break, cut
down, trample upon, remove or in any manner injure, deface, write
upon or ill use any tree, shrub, flower, flowerbed, turf, soil, sand,
fountain, ornament, building, structure, apparatus, bench, table,
official notice, sign or other property within any park.
(b)
No person shall deface, by throwing stones, pebbles or other
debris, any of the toilets, bubblers or other sanitary facilities
located in any Village park or deface by drawing with crayon, chalk,
paint, or anything else on any of the buildings or equipment at any
Village park or deface the equipment by means of a sharp instrument.
(9)
Motorized vehicles. Except for authorized maintenance vehicles, no
person shall operate an unlicensed or licensed motorized vehicle outside
of areas specifically designated as parking areas or areas where the
operation of such vehicles is specifically permitted. Motor vehicles
are restricted to the roads and drives and parking areas. No motor
vehicles of any nature may be used on the seeded areas except vehicles
which have Village Board authorization for shows, rides or exhibits
and then only for the purpose of loading and unloading.
(10)
Snowmobiles. No person shall operate a snowmobile in a Village
park except in designated areas. Snowmobiles shall only be operated
on designated trails.
(11)
Speed limit. No person shall operate any vehicle in a Village
park in excess of 15 miles per hour unless otherwise posted.
(12)
Glass beverage bottles in parks prohibited. No individual shall
possess or consume any beverage in a glass bottle or glass container
in any Village park, unless prior approval is secured from the Village
Board.
(13)
Reckless driving in parks prohibited. No person shall operate
a motor vehicle in a reckless manner in any of the public parks of
the Village.
(14)
Parking in parks. No person shall park any motor vehicle in
any park in the Village, except in a designated parking area.
(15)
Horse and carriages. No person shall ride a horse or drive a
horse-driven vehicle in any park, except on roads or designated bridle
paths, except when approval of the Village Board is first obtained.
It shall be unlawful for any person to ride a horse or drive a horse-driven
vehicle in a careless, negligent or reckless manner which may endanger
the safety and well-being of others. Horseback riding shall be allowed
only during the daylight hours. No person shall ride a horse which
cannot be held under such control that it may be easily turned or
stopped. Horses shall not be left unbridled or unattended.
(16)
Removing tree protectors. No person shall remove any device
for the protection of trees or shrubs.
(17)
Golfing and sporting activities. No golfing or practicing golf
in Village parks or recreation areas shall be allowed, except with
the use of a whiffle ball. All sporting activities must be held in
areas so designated for that purpose.
(18)
Arrows. No person shall use or shoot any bow and arrow in any
Village park, except in authorized areas.
(19)
Fees and charges. The Village Board shall establish such fees
as deemed necessary for use of any park facility, shelter or land
area. It shall be unlawful to use such areas without payment of such
fee or charge when required.
(20)
Pets permitted in parks. Pets are only permitted in Village
parks if all the following conditions are met:
[Amended 9-10-2012 by Ord. No. 2012-04; 3-2-2021 by Ord. No. 2021-01]
(a)
Pets must be always under the immediate physical and voice control
of the owner or handler.
(b)
Pets must be on a leash that is no more than six feet long,
nonretractable, and always held by a person.
(d)
Handlers are required to pick up waste and have bags or scoops
when in the park. Feces must be removed and disposed of.
(e)
Pets must not dig, chase or harm wildlife, damage Village property,
or interfere with other park users.
(f)
Pets are permitted when there is an agreement for rental or
use of any Village building or designated Village property and such
permission is specified in the rental or use agreement.
(g)
Pets are permitted in any Village park structures when the pets
are part of programming that is intended for the public and has been
approved by the Village Board.
(h)
Notwithstanding the foregoing, pets are not allowed in the following
parks areas:
[1]
Playgrounds and areas within 20 feet of a playground surface.
[2]
Sports fields and facilities, whether in use or not, including
any spectator seating areas.
[3]
Inside of park shelters or other buildings and areas within
10 feet of park shelters or other buildings.
(i)
Any person violating any provision of this section for the first
time in any twelve-month period may be subject to a forfeiture of
not less than $25 nor more than $100; any person violating any provision
of this section for the second or subsequent time in a twelve-month
period may be subject to a forfeiture of not less than $50 nor more
than $500.
(21)
Firearms; hunting. Possessing or discharging of any air gun,
sling shot, explosive, firearm or weapon of any kind is prohibited
in all Village parks.
(22)
Fish cleaning. Cleaning of fish in shelters, toilet facilities
or picnic areas is prohibited in all Village parks.
(24)
Vendors restricted. No person shall sell, vend or give away
any article of merchandise whatsoever without a written permit from
the Village Board.
(25)
Alcohol beverages. The consumption or possession of alcohol beverages in Village parks shall be as regulated by § 324-21.
(26)
Camping. No overnight camping shall be permitted in any park,
except where written approval of the Village Board or duly authorized
agent is first obtained.
C.
Lake Melvin Park regulations.
(1)
Fires. No fire shall be lighted or made, except in places specifically
provided for such purpose.
(2)
Swimming and boating prohibited. No person shall swim or bathe or
boat or engage in any other water recreation activities in Lake Melvin
Park, except fishing activities.
(3)
Public meetings regulated. No person shall be allowed to give entertainments
of any kind or hold public meetings or assemblies or establish or
occupy a camp, except by written consent of the Village Board. All
picnics, all assemblages of persons, and all business and entertainments
permitted shall occupy grounds to be designated by the Village Board
and shall be under its control and supervision.
It shall be unlawful for any person to fly, operate or make
use of any remote- or radio-controlled model airplane, helicopter,
or any other such flying device in, over or upon any street, park
or other public or private property, except in areas specifically
designated and posted for such purpose and with the consent of the
property owner or lessee of the property.
Except as authorized by the Chief of Police or Village Board,
no person shall dig into the turf of any Village-owned park or recreational
property for any purposes whatsoever or remove any trees or flowers.
Absent authorization by the Chief of Police or Village Board, the
use of metal detectors and digging for buried objects on Village parks
or recreational property are prohibited.
A.
Hours established. All Village parks shall be closed to the public
between the hours of 10:30 p.m. and 7:00 a.m. of the succeeding day.
Any law enforcement officer of the Village may clear all persons from
the Village parks during closing hours.
B.
Exceptions.
(1)
The regular closing hours of Village parks do not apply to persons
having permission from the Village Board to be present in the Village
parks during closed hours on specific days and for specific purposes.
(2)
The regular closing hours of the Village parks do not apply to persons
in attendance at a regularly scheduled ball game at the ball diamond
located in the Village, except that those persons shall vacate the
park within 30 minutes after the ending of a regularly scheduled game.
A.
Policy on reservation. The Village-owned parks and park facilities
and shelter areas are primarily for the nonexclusive use of the residents
of and visitors to the Village. However, under proper circumstances,
exclusive use of the same or parts thereof may be permitted. This
section is intended to regulate exclusive use of municipally owned
parks, park facilities, park shelters or parts thereof, excluding
camping areas, in the Village of Dane to the end that the general
welfare of the Village is protected. Only residents of the Dane-Vienna
Fire District are permitted to rent the Village parks.[1]
B.
Reservation of park space. A person or group, firm, organization,
partnership or corporation may reserve the use of a park facility
or a park shelter by written application filed with the Village Clerk-Treasurer
for a permit for exclusive use of the same. The Village Clerk-Treasurer
shall issue permits for exclusive use of a portion of a park or park
shelter, while the Village Board shall issue permits for the exclusive
use of Village parks. All reservations shall be made on application
forms in the office of the Village Clerk-Treasurer and shall be on
a first-come-first-served basis; provided, however, that any Village-based
church or civic group may make reservations, for dates used by it
in past years on a continuing basis, at any time. Reservation of a
designated area shall give the party to whom reserved the right to
use such area to the exclusion of others for and during the period
of reservation. Areas not reserved shall be open to use by all.
C.
Application. Applications shall be filed with the Clerk-Treasurer
at least 14 days prior to the date on which the exclusive use of the
entire park is requested, or at least three days prior to the date
on which a park shelter or a portion of a park is to be used, and
shall set forth the following information regarding the proposed exclusive
use:[2]
(1)
The name, address and telephone number of the applicant.
(2)
If the exclusive use is proposed for a group, firm, organization,
partnership or corporation, the name, address and telephone number
of the headquarters of the same and the responsible and authorized
heads or partners of the same.
(3)
The name, address and telephone number of the person who will be
responsible for the use of said park, area or facility.
(4)
The date when the exclusive use is requested and the hours of the
proposed exclusive date.
(5)
The anticipated number of persons to use said park, area or facility.
D.
Reasons for denial. Applications under this section may be denied
for any of the following reasons:
(1)
If it is for a use which would involve a violation of federal or
state law or any provision of this Code.
(2)
If the granting of the permit would conflict with another permit
already granted or for which application is already pending.
(4)
The application is made less than the required days in advance of
the scheduled exclusive use.
(5)
If it is for a use of the park or park facility at a date and time
when, in addition to the proposed use, anticipated nonexclusive use
by others of the park or park facility is expected and would be seriously
adversely affected.
(6)
If the law enforcement requirements of the exclusive use will require
so large a number of persons as to prevent adequate law enforcement
to the park, park facility or shelter area involved or of the rest
of the Village.
(7)
The exclusive use will reasonably create a substantial risk of injury
to persons or damage to property.
(8)
The exclusive use is so poorly organized that participants are likely
to engage in aggressive or destructive activity.
E.
Indemnification. Prior to granting any permit for exclusive use of
the park, the Village may require the permittee to file evidence of
good and sufficient sureties, insurance in force or other evidence
of adequate financial responsibility, running to the Village and such
other third parties as may be injured or damaged, in an amount depending
upon the likelihood of injury or damage as a direct and proximate
result of the exclusive use, sufficient to indemnify the Village and
such third parties as may be injured or damaged thereby, caused by
the permittee, its agents or participants.
F.
Permit not required for Village activity. A permit is not required
for exclusive use of the park or a park facility sponsored by the
Village of Dane.
G.
Permit revocation. The Village Board or Chief of Police may revoke
a permit already issued if it is deemed that such action is justified
by an actual or potential emergency due to weather, fire, riot, other
catastrophe or likelihood of a breach of the peace or by a major change
in the conditions forming the basis of the issuance of the permit.
H.
Form of permit. Each permit shall be in a form prescribed by the
Village Board and shall designate the park, park facility or shelter
area involved, date, hours of the exclusive use, purpose of the exclusive
use and the name of the person, group, firm, organization, partnership
or corporation to which the permit is issued.
I.
Class "B" fermented malt beverage or "Class B" wine cooler licenses. When fermented malt beverages are sold at any event authorized by this section, a valid fermented malt beverage license shall be obtained, and the provisions of §§ 324-16 and 324-21 shall be fully complied with. Said license must be held by the person who filed the original license and shall be presented to any law enforcement officer upon request.
J.
Care of facilities. Persons reserving Village facilities shall be
completely responsible for cleaning up the facilities after the event
to the satisfaction of Village officials. All reserved areas shall
be left in a clean condition, with refuse placed in containers provided
for such purpose. Any organization or corporation reserving any area
in a Village park shall agree to assume full responsibility for all
damage to Village property by any invitee of said organization or
corporation and shall make full payment therefor upon billing by the
Village Clerk-Treasurer. Failure to do so shall deny future use of
park facilities until such payment is made, in addition to any other
remedy which the Village may have.
