City of Manawa, WI Chapter 227 Parks

[HISTORY: Adopted by the Common Council of the City of Manawa 10-18-1993 as Title 12, Ch. 1 of the 1989 Code of Ordinances. Amendments noted where applicable.]

§ 227-1 General regulations.

A. Purpose and definition. In order to protect the parks, parkways, recreational facilities and conservancy areas within the city 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 or conservancy district in the city.

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 Common Council.

(3) Pets. No person shall permit any dog, cat or other pet owned by him or her to run at large in any park.

(4) 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 Common Council.

(5) Throwing stones and missiles prohibited. No person shall throw stones or other missiles in or into any park.

(6) Removal of park equipment prohibited. No person shall remove benches, seats, tables or other equipment from any park.

(7) Trapping. No person shall trap in any park unless specific written authority is first obtained from the Common Council.

(8) 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 that 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.

(9) Protection of park property. 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.

(10) 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 a Common Council authorization for shows, rides or exhibits, and then only for the purpose of loading and unloading. No person shall operate any off-the-road vehicle, motorcycle, trail bike, all-terrain vehicle, truck or other motorized vehicle in any park, playground or other public ground where pathways or trails have been developed and/or designated for walking, hiking, jogging, running, bicycling, cross-country skiing, sledding or other pedestrian use. All motorized vehicles are limited to use of roadways specifically for their use and according to other restrictions in this Code.[1]

[1] Editor's Note: See Ch. 289, Vehicles and Traffic.

(11) Snowmobiles. No person shall operate a snowmobile in a city park except in designated areas.

(12) Speed limit. No person shall operate any vehicle in a city park in excess of 15 miles per hour, unless otherwise posted.

(13) Glass beverage bottles in parks prohibited. No person shall bring into, carry onto or possess while in any public park glass bottles or glass containers, including those containing or normally used for containing soda water, fermented malt beverages or alcohol.

(14) Reckless driving in parks prohibited. No person shall operate a motor vehicle in a reckless manner in any of the public parks of the city.

(15) Parking in parks. No person shall park any motor vehicle in any park in the city except in a designated parking area.

(16) 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 Common Council 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. No horse shall be ridden in a reckless manner. Pedestrians shall have the right-of-way when crossing a bridle path, and whenever groups of people are visible within 300 feet horses shall be ridden at slow gait.

(17) Removing tree protectors. No person shall remove any device for the protection of trees or shrubs.

(18) Golfing and sporting activities. No golfing or practicing golf in city 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.

(19) Arrows. No person shall use or shoot any bow and arrow in any city park, except in authorized areas.

(20) Fees and charges. The Common Council 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.

(21) Firearms; hunting. Possessing or discharging of any firearm or weapon of any kind is prohibited in all city parks.

(22) Fish cleaning. Cleaning of fish in shelters, toilet facilities or picnic areas is prohibited in all city parks.

(23) Controlled substances. Possessing, using or dispensing of a controlled substance in violation of the Uniform Controlled Substances Act[2] is prohibited in all city parks.

[2] Editor's Note: See W.S.A. Ch. 161.

(24) Camping. Overnight camping is not permitted in any city park.

(25) Utility installation and construction. Any private construction which may in any manner encroach upon or affect the parks and parkways shall be under the direction and jurisdiction of the Common Council, and no such installation, repair or construction shall commence without the written permission therefor from the Common Council. All public works, including construction and installation of power lines, hydrants, sewers and the like, shall be commenced only after notice to the Common Council of the city's intention so to do. Where practicable, such construction and installation shall be performed pursuant to recommendations by the Board.

§ 227-2 Radio-controlled model airplanes.

No person shall fly a radio-controlled model airplane or helicopter in any park in the city except in areas specifically designated and posted for such purpose.

§ 227-3 Turf protection; use of metal detectors.

Except as authorized by the Common Council, no person shall dig into the turf of any city-owned park property for any purposes whatsoever or remove any trees or flowers. Absent authorization by the Common Council, the use of metal detectors and digging for buried objects on city park property is prohibited.

§ 227-4 Hours of operation.

A. Park hours. Except for authorized events and subject to certain exceptions listed below, all city parks shall be closed from 11:00 p.m. to 5:00 a.m. the following day, and it shall be unlawful to enter in or be upon any park, playground or swimming pool after the hour designated.

B. Exceptions to closing hours. A person driving through a park on a public road is excepted; however, stopping shall not be permitted within a park. The Common Council may modify closing hours for particular events.

C. Park closing and opening dates. The Common Council will have full authority to open and close any park, swimming pool, recreational facility or area because of season, condition or construction or when, in the interest of public safety, it is deemed necessary.

§ 227-5 Ultralight aircraft.

A. Definition. An ultralight aircraft, vehicle or hang glider is an unpowered or powered aircraft which is not subject to extensive regulation by the Federal Aviation Administration by virtue of its characteristics and which is defined as an ultralight vehicle by 14 CFR 103.1 and which is defined as an ultralight aircraft by W.S.A. s. 114.195.

B. Regulations regarding use.

(1) No person shall operate any ultralight aircraft within the city in such a manner or in such a location as to endanger or injure any person or property. No person shall operate an ultralight aircraft in the city in violation of any applicable state and federal regulations and standards. No person shall cause an ultralight aircraft to land or to take off from any property without permission of the owner or occupant of said property, provided that an emergency landing may be made to prevent a catastrophe. In the case of landing or taking off from a city public park or other city property, the operator of such ultralight aircraft shall first obtain a permit from the Common Council. No fee shall be charged by the Common Council for such permit, which may be issued for a period up to 30 days, nor shall the Common Council sponsor such activity.

(2) Any person desiring to land or to take off from any property owned by the City of Manawa shall, prior to receiving a permit, procure evidence of insurance providing for not less than $500,000 of coverage for each occurrence for damage to property or personal injury. Evidence of such insurance shall include a certificate of insurance naming the City of Manawa as an additional insured, and said certificate shall be filed with the City Clerk-Treasurer at the time the applicant seeks a permit.

§ 227-6 Reservation of park space.

A. Policy on reservation. The city-owned park and park facilities and shelter areas are primarily for the nonexclusive use of the residents and visitors of the city. 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 in the city to the end that the general welfare of the city 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 Clerk-Treasurer for a permit for exclusive use of the same. The Clerk-Treasurer shall issue permits for exclusive use of a portion of a park or park shelter, while the Common Council shall issue permits for the exclusive use of city parks. Park facilities are reserved on a first-requested, first-reserved basis.

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:

(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 Common Council or Clerk-Treasurer finds reasonably necessary to a fair determination as to whether a permit should be issued.

D. Deposit. All applicants for reservation of park space or shelters for which a permit is required shall pay a deposit of $50 to pay for the city's maintenance and cleanup expenses. The deposit shall be returned if cleanup or repair by the city is not required.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. Action on application. The Common Council or appropriate committee thereof shall act promptly on all applications for permits for exclusive park use (not shelter use) after consulting with the applicant, if necessary.

F. Reasons for denial. Applicants may be denied for any of the following reasons:

(1) If it is for 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.

(3) If the application does not contain the information required by Subsection C above.

(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 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 city.

(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.

G. Indemnification. Prior to granting any permit for exclusive use of the park, the city 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 city 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 city and such third parties as may be injured or damaged thereby, caused by the permittee, its agents or participants.

H. Permit not required for city activity. A permit is not required for exclusive use of the park or a park facility sponsored by the city.

I. Permit revocation. The Common Council, Mayor and/or Chief of Police, after granting a permit, 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 or 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.

J. Form of permit. Each permit shall be in a form prescribed by the Common Council 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 whom or to which the permit is issued.

K. Class B fermented malt beverage 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 §§ 147-16 and 86-1 of this Code 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.

§ 227-7 Adoption of state statutes.

The following statutes are adopted by reference by the city, provided that the penalty for the commission of such offenses shall be limited to a forfeiture imposed pursuant to Chapter 1, § 1-21, General penalty: W.S.A. ch. 29 and W.S.A. ss. 30.50 through 30.99 and 167.31(2)(a), (b), (c) and (d). Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made part of this Code.