[HISTORY: Adopted by the Village Board of Trustees 10-4-1993 (Title 12, Ch. 1, of the 1993
Code of Ordinances), as amended through 2-17-2015. Subsequent amendments noted where applicable.]
A.
Purpose and definition. In order to protect the parks, parkways,
recreational facilities and conservancy areas within the Village of
Spencer 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)
Sound devices. No person shall operate or play any amplifying system
unless specific authority is first obtained from the Village Board,
or designated committee thereof.
(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 Parks and Buildings Committee.[1]
(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 designed,
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, flower bed, 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 in, any of the toilets, bubblers or other sanitary facilities
located in any Village park; or to deface by drawing with crayon,
chalk, paint, or anything else on any of the buildings or equipment
at any Village park; or to 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 10 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.
(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.
(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 have the authority
to 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. Pets, including animals of any species, shall not be permitted
to run at large in any Village parks, except for Village-approved
events.
(21)
Firearms; hunting. Possessing or discharging of any air gun,
slingshot, 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.
(23)
Controlled substances. Possessing, using or dispensing of a
controlled substance in violation of the Uniform Controlled Substances
Act is prohibited in all Village parks.
(24)
Vendors restricted. No person shall sell, vend or give away
any article of merchandise whatever, without a written permit from
the Village Board.
(25)
Swimming. No person shall swim in any public waters in the Village.
It shall be unlawful for any person to fly, operate or make
use of any remote- or radio-controlled model airplane, helicopter,
vehicle or any other such 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 Parks and Buildings Committee, 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 Parks and Buildings Committee, the use
of metal detectors and digging for buried objects on Village parks
or recreational property is prohibited.
A.
Hours established. All Village parks shall be closed to the public
between the hours of 12:00 midnight and 6:00 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 the Village parks do not apply to persons
having permission from the Village Board or Parks and Buildings Committee
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 15 minutes after the ending of a regularly scheduled game.
A.
Policy on reservation. The Village-owned park and park facilities
and shelter areas are primarily for the nonexclusive use of the residents
and visitors of 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 Spencer, to the end that the general
welfare of the Village is protected.
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 office
for a permit for exclusive use of the same. The Village office 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 office 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 Village Board 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:
(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.
(6)
Any additional information which the Village Board or Village office
finds reasonably necessary to a fair determination as to whether a
permit should be issued.
D.
Action on application. The Village Board shall act promptly on all
applications for permits for exclusive park use (not shelter use)
after consulting with the applicant, if necessary.
E.
Reasons for denial. Applicants 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)
If 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)
If the exclusive use will reasonably create a substantial risk of
injury to persons or damage to property.
(8)
If the exclusive use is so poorly organized that participants are
likely to engage in aggressive or destructive activity.
F.
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.
G.
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 Spencer.
H.
Permit revocation. The Village Board or a law enforcement officer
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.
I.
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.
J.
Class "B" fermented malt beverage licenses. When fermented malt beverages are sold at any event authorized by this section, a valid Class "B" fermented malt beverage license shall be obtained and the provisions of §§ 278-11 and 278-21 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.[1]
K.
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 Administrator-Clerk/Treasurer. Failure to do so shall deny
future use of park facilities until such payment be made, in addition
to any other remedy which the Village may have.