[HISTORY: Adopted by the City Council of
the City of Weyauwega as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-21-2001 by Ord. No. 2001-01 as Title 12, Ch. 1 of the 2001 Code]
A.
Purpose and definition. In order to protect the parks,
parkways, recreational facilities and conservancy areas within the
City of Weyauwega from injury, damage or desecration, these regulations
are enacted. The term "park" as hereinafter used in this article 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
or public waters, except in containers provided for that purpose.
(2)
Sound devices. No person shall operate or play any
amplifying system unless specific authority is first obtained from
the Recreation Committee. Vulgar, boisterous behavior and overly loud
music and loudspeakers which tend to interfere with the enjoyment
of the park by others shall not be permitted.
(3)
Pets. No person shall permit any dog, cat or other
pet owned by him/her to run at large in any park. Pets are prohibited
in swimming areas and children's playgrounds.
(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 Recreation Committee.
(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 park equipment from any park.
(7)
Trapping. No person shall trap in any park unless
specific written authority is first obtained from the City 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. Campfires may only be
allowed with special permission from the City Council.
(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 article. 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 Recreation Committee or City 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]
(11)
Snowmobiles. Snowmobiling is not permitted in
City parks except in designated areas during periods when sufficient
snow cover exists.
(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)
Horses 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 Recreation
Committee 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 City Council, upon the
recommendation of the Recreation Committee, 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. 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.
(24)
Camping. Overnight camping is not permitted
in any City park, except by prior written permission from the Recreation
Committee.
(25)
Commercial enterprise. No person shall sell,
or offer for sale, any article, thing, privilege or service in any
park without prior written permission from the Recreation Committee.
C.
Posted
regulations. In addition to the regulations herein contained and provided,
the Recreation Committee may post from time to time specific rules
and regulations, and such specific rules and regulations shall be
incorporated by reference into this article as fully as if set forth
herein.
No person shall fly a radio-controlled model
airplane or helicopter in any park in the City of Weyauwega except
in areas specifically designated and posted for such purpose.
[Amended 9-19-2016 by Ord. No. 2016-2]
Except as authorized by the City Administrator, or designee,
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 City Administrator, or designee, the use of metal
detectors and digging for buried objects on City park property are
prohibited.
A.
Closing hours; exceptions.
(1)
Closing hours. All grounds and facilities in the City
park system shall be open between 6:00 a.m. and 11:00 p.m. daily,
with the exception that boat loading areas may be used for the loading
or unloading of boats only at any time.
(2)
Exceptions. The restrictions set forth in Subsection A above shall not apply to the following individuals:
(a)
Individuals who are attending or participating
in City-authorized community celebrations or events held at the park.
However, all such individuals exempted by this subsection shall be
out of the park within 1/2 hour of the end or closing of the celebration
or the event for that evening.
(b)
Individuals or groups who have received permission
from the Recreation Committee or City Council for any special group
activity.
(c)
Individuals who are law enforcement officers,
firefighters, emergency personnel, City employees or City officers
who are in the course of their official duties.
(d)
A person driving through a park on a public
road; however, stopping shall not be permitted within a park.
B.
Modification of closing hours. The City Council may
modify closing hours for particular events.
C.
Closing time of City Beach.
(1)
The City Beach, which is the entire area beginning
on the west side of North Mill Street and running westerly along the
bank of Weyauwega Lake a distance of approximately 750 feet to the
property at 305 West Second Avenue, northerly to the Roger Lindgren
property, and easterly along Lake Shore Drive to North Mill Street
(and including the bathhouse, the dock and all other City-owned recreational
facilities in the area heretofore described), is closed to the public
from 10:00 p.m. to 8:00 a.m., local time, from May 15 to September
15 of each year.
(2)
No person shall loiter, swim, bathe or enter into
the water of Weyauwega Lake in the area heretofore described during
the hours the City Beach is closed.
D.
Park closing and opening dates. The City Council or
Recreation Committee will have full authority to open and close any
park, swimming area, recreational facility or area because of season,
condition, or construction or when, in the interest of public safety,
it is deemed necessary.
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
§ 114.195, Wis. Stats.
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 Recreation
Committee. No fee shall be charged by the Recreation Committee for
such permit, which may be issued for a period up to 30 days, nor shall
the Recreation Committee sponsor such activity.
(2)
Any person desiring to land or to take off from any
property owned by the City of Weyauwega 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 Weyauwega as an additional insured,
and said certificate shall be filed with the City Administrator at
the time the applicant seeks a permit.
A.
Policy on reservation. The City-owned park and park
facilities and shelter areas are primarily for the nonexclusive use
of the residents of and visitors to 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 City Administrator for a permit for exclusive use of the same.
The City Administrator shall issue permits for exclusive use of a
portion of a park or park shelter, while the Recreation Committee
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
City Administrator 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 Recreation Committee
or City Administrator 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 determined
by the City Council to pay for the City's maintenance and cleanup
expenses. A portion of the deposit as determined by the Council shall
be returned if cleanup or repair by the City is not required.[1]
E.
Action on application. The Recreation Committee 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. Applications 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 City.
(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.
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 City Council, Mayor, City Administrator,
Recreation Committee, 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, 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 Recreation Committee 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 §§ 300-16 and 300-23 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.
[Adopted 5-21-2001 by Ord. No. 2001-01 as Title 12, Ch. 3 of the 2001 Code]
The following definitions shall be applicable
in this article:
Any designated body of water used for swimming, diving or
recreational bathing, not contained within a structure, chamber or
tank, together with the associated land area and appurtenances designed
for bather usage and serving one or any of the following: a licensed
campground, recreational and educational camp, hotel, motel, club,
association, housing development, school, or religious, charitable
or youth organization and including such designated body of water
with associated land area controlled by a local government or political
subdivision thereof.
An inspection and water sampling of the swimming area and
the entire watershed contributing to the body of water on which the
beach is located in order to determine the bacteriological, biological,
chemical and physical quality of the water using generally accepted
parameters and, specifically, those included in this article.
A.
Scope. The sanitary survey shall include the entire
watershed if possible. For a large watershed, the area to be surveyed
shall be based on knowledge of the area. A complete survey may not
be required if a lack of water quality has a known and verifiable
source. In all cases, any source of discharge into the surface water
in the watershed which may have an effect on the water quality of
the swimming area shall be included in the survey. Other agencies
monitoring water in the watershed shall be contacted for information
on possible contamination discharges. Included shall be any other
notable conditions in the watershed or swimming area which may contribute
to unacceptable water quality or unsafe conditions as may be determined
by the inspecting agency.
B.
New beaches. At a proposed beach a sanitary survey
shall be conducted by the enforcing agency or a person acceptable
to the enforcing agency before construction or development of a beach
is started.
A.
Frequency.
(1)
At least one set of bacteriological samples shall
be collected from representative locations throughout the swimming
area five times per month during the swimming season and at periods
of peak usage. The samples shall be submitted to the State Laboratory
of Hygiene or other laboratory certified under Ch. DHS 165, Wis. Adm.
Code, to perform water microbiological analysis. A set of samples
shall be all samples collected during any one day.
(2)
Residual chlorine content and pH samples shall be
collected and tested three times each week. The beach operator or
the enforcing agency representative may collect the required samples.
B.
Sampling procedure. Samples shall be collected within
one foot of the surface in water having a depth range of three to
six feet.
The beach water fecal coliform density from
the last five successive sets of samples collected on five different
days within a thirty-day period shall not exceed a geometric mean
of 200 per 100 milliliters (ml) nor shall the fecal coliform density
of any sample exceed 1,000 per 100 ml. When it is determined that
a beach must be closed, daily samples shall be collected and analyzed
during the period of closure. The beach may reopened if the fecal
coliform density in two consecutive daily samples is less than 200
per 100 ml.
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Note: The United States Environmental Protection
Agency (USEPA) has suggested that E. Coli enterococci organisms be
used instead of fecal coliform as indicators of contamination. A geometric
mean of five samples should not exceed 126 E. Coli organisms per 100
ml or 33 enterococci organisms per 100 ml.
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Note: If contamination is indicated by the criteria
in this section, five water samples should be analyzed for fecal streptococcus
and staphylococcus to aid in identifying the source of contamination.
If there is evidence of complaints of eye, nose, throat or skin irritation,
the water should be analyzed for psudomonas aeruginnosa. The sanitary
survey should be reviewed also.
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Treated beaches shall be monitored for chorine,
pH and algaecides regularly to ensure that levels are within parameters
and not an irritant to ordinary swimmers.
As determined by visual examination, the water
shall be free of excessive debris, growth, oils, greases, weeds, algae
or other substances capable of creating a health or safety hazard
or nuisance to swimmers. A black and white disc six inches in diameter
on a white field placed at a depth of at least four feet of water
shall be readily visible from the surface of the water.
The application of chemicals for water treatment
shall be approved by the Department of Health Services and/or Department
of Natural Resources and shall be applied by competent applicators.
A.
Location. Prior to development, the suitability of
a beach shall be established by a sanitary survey.
B.
Signs. The posting of signs shall designate the land
boundary of a beach.
C.
Area. The total water surface area upon which a beach is established shall be at least 0.5 acre. When the area is less than two acres and natural flow through is lacking, a source of acceptable dilution water having at least the quality specified in §§ 365-7 through 365-13 above, or at least 100 gallons per day per patron, shall be provided.
D.
Attendance. A minimum of 25 square feet of water surface
per swimmer shall be provided in areas less than four feet in depth.
At least 75 square feet per swimmer shall be provided in the areas
over four feet in depth.
E.
Land area. At least 35 square feet of open land area
per patron shall be provided.
F.
Bottom slope. For depths up to four feet of water,
the bottom slope of the beach shall be uniform and not drop more than
one inch for every 12 inches. There shall be no underwater obstructions,
dropoffs or radical changes between the depth of four feet and seven
feet.
G.
Bottom material. The bottom, to a water depth of at
least six feet, shall consist of sand, pea gravel or other approved
material. Note: The application of fill material in lakes, streams,
or other bodies of water requires approval by the Wisconsin Department
of Natural Resources.
H.
Markers. The perimeter of the beach water area shall
be clearly designated by means of lines attached to swimming area
buoys. The shallow part of the swimming area shall be separated from
the remainder of the area by means of line located at clearly marked
depth of between three feet and four feet. Any area specifically designated
for diving purposes shall be conspicuously marked. All lines shall
be buoyed and securely anchored. Floats attached to the lines shall
be located no more than 25 feet apart and at all points where lines
are joined. Clearly visible water depth markings shall be provided
to indicate the maximum depth of the water beneath all diving boards,
platform towers and rafts. Note: The placement of waterway regulatory
markers is subject to approval of the Wisconsin Department of Natural
Resources as stated in § NR 5.09, Wis. Adm. Code.
I.
Diving facilities. Floating and fixed diving platforms
shall be constructed with a visible twelve-inch air space under the
platform at the maximum feasible patron load. There shall be as little
underwater construction as is consistent with adequate support, and
all braces and struts shall be designed to prevent entrapment of patrons.
J.
Maximum depth. The maximum water depth for any swimming
or diving area shall be 15 feet.
K.
Drinking water supply. A supply of potable drinking
water meeting the standards of the Wisconsin Department of Natural
Resources, including Chs. NR 809 and NR 812, Wis. Adm. Code,
shall be provided at all beaches. The water shall be obtained from
a municipal water supply, and at least one outlet for every 1,000
patrons or fraction thereof shall be provided. The supply outlet shall
be protected against backflow and backsiphonage.[1]
L.
Liquid waste disposal. Wastewater from a bathhouse
or a related facility shall be discharged to a municipal sewerage
system if one is available. If one is not available, discharge shall
be to a system approved by the Wisconsin Department of Commerce.
M.
Toilet facilities. Toilet facilities shall be provided
within 500 feet of all public swimming beaches. Note: See Appendix
A for recommended toilet fixture requirements.[2]
[2]
Editor's Note: Appendix A is included at the end of this chapter.
N.
Bathhouses. When a bathhouse is provided, construction
shall be in accordance with Chs. Comm 60 to 66 and 90, Wis. Adm. Code.
A.
Lifeguards. At a beach designed to accommodate more
than 25 swimmers, at least one certified lifeguard for every 400 linear
feet of beach or fraction thereof shall be on duty during swimming
hours. During nonswimming hours when no lifeguard is on duty, a legible
sign or signs reading "No Lifeguard on Duty" should be posted. Lifeguards
shall be isolated from beach crowds by occupying elevated seats on
stands or towers, high enough to give them a complete and unobstructed
view of the swimming and beach area for which they are responsible.
All lifeguards on duty shall be identified by distinguishing apparel
or emblem. Lifeguard stations shall be located as close as practical
to the swimming area shoreline and within at least 30 feet of the
shoreline.
B.
Lifeguard certification. Lifeguards shall be certified.
Acceptable certification for a lifeguard shall be a current American
Red Cross Lifeguard Training Certificate, a Young Men's Christian
Association (YMCA) Lifeguarding Certificate or an equivalent certificate.
C.
Equipment.
(1)
Each lifeguard stand shall be provided with a whistle
or megaphone and an umbrella.
(2)
At least one twenty-four-unit first aid kit shall
be provided at each swimming beach.
(3)
A spine board and two durable blankets shall be provided
at each beach.
(4)
Each lifeguard stand shall be provided with at least
one of the following: a ring buoy not less than 20 inches in outside
diameter, a rescue buoy, a rescue tube or a torpedo buoy. The ring
buoy shall be attached to a seventy-five-foot length of one-half-inch
rope.
(5)
Where swimming is permitted a distance greater than
150 feet from the beach shoreline, a lifesaving patrol boat or offshore
lifesaving station shall be provided. At least one square stern boat
12 feet or more in length shall be provided for each 900 linear feet
of beach shoreline. The boat or boats shall be located so as to be
immediately available, shall be used for their intended purpose only
and shall be equipped with pin oars and at least one shepherd's crook
type of pole and one ring buoy attached to a seventy-five-foot length
of one-fourth-inch rope.
(6)
All lifesaving equipment shall be maintained in good
repair and be readily available.
D.
Emergency care room. Every public beach capable of
accommodating 500 swimmers and bathers shall have a readily accessible
room or area designated and equipped for emergency care. Such room
shall be equipped with at least the following: running potable water,
a cot or bed, and advanced first aid equipment. At least one person
with advanced first aid training shall be on duty when the beach is
open for use.
E.
Communications. A telephone or other means of communication,
with the numbers of the nearest rescue squad, physician, ambulance,
police agency and hospital, shall be provided and available in the
beach area.
F.
Night swimming. Night swimming is not permitted unless
the beach area is adequately lighted. All electrical facilities shall
be in compliance with Ch. Comm 16, Wis. Adm. Code (Electrical Code).
G.
Vehicles. No motorized vehicles except emergency and
maintenance vehicles shall be permitted in the swimming area.
H.
Nonswimming activity. No boating, water-skiing, surfboarding
or sailboarding shall be permitted in the swimming area.
I.
Dangerous objects on beach. No glass containers for
beverages shall be permitted on the beach.
J.
Inclement weather. Swimming or bathing shall not be
permitted during inclement weather as determined by the responsible
person in charge of the beach operation.
