[HISTORY: Adopted by the Mayor and Council of the Town of Snow Hill 1-9-2001 by Ord. No. 2000-9. This ordinance repealed former Ch. 124, Parks, adopted 7-17-1979 by Ord. No. 101. Amendments noted where applicable.]
All parks and park facilities located in the Town of Snow Hill are for the use and enjoyment of the public. Said parks will be administered in such a manner as to promote the designed uses of the park for the benefit of all persons and to conserve and preserve their use for the general welfare. In order to maintain said parks in a useful condition and to protect them from damage resulting from improper use, each individual must conform to both the letter and spirit of the regulations governing parks for recreational use. In order to conserve all park areas, in the interest of the public, these regulations will be strictly enforced.
All existing and future ordinances and statues of the federal government, State of Maryland and Town of Snow Hill will be considered applicable and enforceable in any park located within the Town of Snow Hill.
It shall be unlawful for any person to hunt, trap, throw stones or other missiles at or pursue wildlife at any time within, from or into any park area. No person shall use or carry firearms of any description or air rifles, spring guns, bows and arrows, slings or any other forms of weapon potentially inimical to wildlife and dangerous to human safety or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device, except as permitted hereunder in Subsection C. Shooting into any park area from beyond park boundaries is forbidden.
No person shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw any missiles at any animal or bird or remove or have in his possession the young of any animal or bird. Fishing will be allowed.
During hunting season, a licensed hunter may carry firearms and bows and arrows across the roads and the park in order to load or unload at any boat ramp or docking area to get to or secure access by water to public or private hunting areas which are open to hunting, provided that firearms shall be carried unloaded and cased or carried unloaded with breach opened or broken; bows shall be carried unstrung.
Nothing in Subsection C(1) shall prohibit the wearing or carrying of any weapon by any law enforcement officer of this state, or municipality or county of this state; or by any person who possesses a valid weapons permit issued by the State of Maryland, provided that they are acting within the limitations of such permit.
It shall be unlawful for any person to willfully mark, deface, disfigure, injure, tamper with, displace or remove any tree, plant, building, bridge, table, bench, fireplace, railing, paving or paving material, waterline or other public utilities or parts or appurtenances thereof or place signs, notices or placards, whether temporary or permanent, monuments or other structures or equipment, facilities or town park property or appurtenances whatsoever, either real or personal, in any public park, lake or recreational area without the authority of the Mayor and Council.
It shall be unlawful for any person to throw, discharge or otherwise place or cause to be placed any substance, matter or thing, liquid or solid, in the waters of any fountain, pond, lake stream or other body of water in or adjacent to any park or which will or may result in the pollution of such waters.
No person shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash in or upon any public park, lake or recreational area within the city or cast or throw any debris upon any ice which may form in such areas. No such refuse or trash shall be placed in any waters in or contiguous to any park or recreational area or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; in the situation where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
While in a public park or recreation area, all persons shall conduct themselves in a proper and orderly manner and shall not breach the public peace, dignity or law, and in particular no person shall:
Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Mayor and Council.
Enter an area posted "Closed to the Public," nor use or abet the use of any area in violation of posted notices.
Go onto the ice on any waters except such areas as are designated skating fields, and provided that a safety signal is displayed.
Fail to produce and exhibit any permit or license upon request of any authorized person charged by the Mayor and Council with the enforcement of this chapter.
Disturb or interfere with any person or party occupying any area or participating in any activity under the authority of a permit or who are conducting lawful enterprises within the park or are in lawful use and occupation thereof.
Expose or offer for sale any article or thing, nor station or place any stand, cart or vehicle for the transportation, sale or display of any such articles or things. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Mayor and Council or individual or group operating under the official sanction of that license.
Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatsoever, nor erect or cause to be erected any sign whatsoever on public lands or highways or road within or adjacent to a park except when officially sanctioned by the Mayor and Council.
Construct or erect any building or structure of whatever kind, whether permanent or temporary in such character, or run or string any public utility into, upon or across such lands, except on special written permits granted under the authority of the Mayor and Council.
Fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the rest rooms and washrooms designated for the opposite sex.
Sell, consume or possess any open container of intoxicating beverages in or on any public parklands and adjacent facilities, except when officially sanctioned in writing by the Mayor and Council. In addition, the person(s) must have obtained a special one-day permit to sell alcohol issued by Worcester County. All intoxicating beverages brought or consumed on the premises must be purchased from the license holder.
"Intoxicating beverage" as used in this section means any kind or type of alcoholic beverage as defined in the Annotated Code of Maryland, Article 2B, as amended from time to time.
"Open container" means any intoxicating beverage which has had its cap, cork, lid, tab or top unsealed or removed, whether or not its cap, cork, lid, tab or top has been temporarily replaced on the container.
"Possession" means the actual physical grasping, touching or carrying of the intoxicating beverage by hand or other means or in any pocket, garment, bag or container carried or worn by the person. It shall include the constructive possession of the intoxicating beverage when the container is located within the immediate reach or grasp of the person.
"Consume" means to drink by any means.
It is unlawful for any person to enter into or remain in any park, park area or adjacent facility after hours (or when otherwise closed by the town), without a permit, after being requested by a law enforcement officer to leave.
The playing of sound-producing devices, such as stereos, radios, vehicle horns and similar items, shall not be played or sounded so as to disturb any other user of the park, or be audible more than 50 feet from the point of origin, except when used to signal for help or warn of danger.
It shall be unlawful for any person to drive in a negligent or reckless manner in any park, and no person shall drive in a park in excess of the posted speed limit. No person shall enter or leave a park except by entrances or exits provided for such purposes, and no person shall drive a motor vehicle in a park except on a road or driveway.
Bicyclists shall at all times operate their machines with reasonable regard to the safety of others.
All parks shall normally be open for public use every day from dawn to dusk. The Mayor and Council may issue a permit authorizing special events in any park after parks have closed for the day. The Mayor and Council may also close the parks or certain parks or certain areas of certain parks from any or specific uses, as the town shall find reasonably necessary.
Permits for special events in parks shall be obtained by application not less than 30 days in advance of the event to the Mayor and Council in accordance herewith. The Mayor and Council shall designate the Town Manager or the Town Clerk to administer this particular section.
Application. A person seeking issuance of a permit hereunder shall file with the Town Manager or Town Clerk an application stating:
The name and address of the applicant with a copy of their driver's license or other proper photo identification card.
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
The day and hours for which the permit is desired.
The park or portion thereof for which the permit is desired.
An estimate of the anticipated attendance.
An acknowledgment from the applicant that they understand the park rules and will abide by them and that the permit shall be revoked if they fail to do so.
Any other information which the Mayor and Council or its designee shall find reasonably necessary for a fair determination as to whether a permit should be issued hereunder.
Deposit or bonding insuring applicant's cleanup. Each application shall be accompanied by a deposit or bond to insure the permittee shall remove all debris and return the park area to its pre-permit status; said bond or deposit shall be reasonably set in an amount to insure compliance with this chapter, and shall be returned to the applicant upon return of town property in satisfactory condition.
Standards for issuance. The Town Manager or Town Clerk shall issue a permit hereunder when he or she finds that:
The proposed activity or use of the park will not unreasonably interfere with or detract from the general public's enjoyment of the park.
The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
The proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct.
The proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the Mayor and Council.
Fees. The Mayor and Council may charge a fee for the rent or use of a park or park facility to the applicant, or for providing special services to the applicant. Said fees shall be established by resolution on the fee schedule from time to time.
Denial of permit; appeal. Within 10 business days after receipt of an application, the Town Manager or Town Clerk shall issue the permit or advise the applicant, in writing, of the reasons for refusing a permit, and any aggrieved person shall have the right to appeal, in writing, within five days to the Mayor and Council, which shall consider the application and sustain or overrule the Town Manager's or Town Clerk's decision within five days. The decision of the Mayor and Council shall be final.
Liability of permittee; revocation of permit.
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in such permit.
The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued.
The Mayor, any Council Member, Town Manager or Chief of Police, shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown. If the permit is revoked, the user shall immediately cease the nonpermitted activity and vacate the park facility upon request by a law enforcement officer. Failure to leave upon request shall subject the person to arrest for a violation of this chapter.
The Mayor and Council is hereby authorized to establish rules and regulations for the control of all rest rooms and washrooms existing under the authority of the city in any park or recreational areas within the city. A violation of those regulations shall be considered a violation of this chapter.
All boat launching and docking activities shall be confined to areas established for those activities. Boaters will be required to comply with all local, state and federal boating regulations, including but not limited to the United States Coast Guard boating regulations. Waterways adjacent to moored boats, docks or boat slips shall be considered "no wake" zones and may be enforced under this chapter or under those codes, as appropriate.
Overnight camping will be prohibited except with special written permits granted under the authority of the Mayor and Council.
The Town Manager, Town Clerk or law enforcement officer shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
Any authorized law enforcement officer shall have the authority to eject from the parks any person, and/or any law enforcement officer may arrest in the proper circumstances any person violating or in violation of this chapter.
Any authorized law enforcement officer shall have the authority to seize and confiscate any prohibited property, thing or device on or in the park or recreational areas within the city used in violation of this chapter.
This chapter shall be enforced by any authorized law enforcement officer. Any person violating the provisions of this chapter relating to conduct in public parks or any regulations or rules promulgated hereunder shall be deemed guilty of a misdemeanor and, upon being convicted thereof, shall be subject to fine not exceeding $500 for each offense or imprisonment in the county jail for a term not to exceed 90 days, or both such fine and imprisonment, in the discretion of the court.
If any section, part or phrase of this chapter is held invalid by a court of competent jurisdiction, that holding shall not affect the remaining sections, parts or phrases of this chapter which are separate and distinct from the section, part or phrase held invalid by the court.