[HISTORY: Adopted by the Board of Supervisors of Grant County 5-22-1973
(Ch. 11 of the Grant County Ordinances). Amendments noted where applicable.]
This chapter is intended to regulate the use of parks and waterways
within the jurisdictional limits of Grant County and to provide for orderly
enjoyment of the same by both residents and nonresidents of Grant County.
As used in this chapter, the following terms shall have the meanings
indicated:
Unless otherwise stated, includes the grounds, building and equipment
thereon, waters within, wayside rest areas, access points for the launching
and landing of boats, beach areas, and any other property which is now or
may hereafter be under the control or jurisdiction of the Grant County Park
Commission.
The Grant County Park Commission.
Includes any individual, firm, partnership, corporation and association
of persons, and the singular number shall include the plural number.
A.
No person shall permit, maintain, promote, conduct, organize,
or manage a tournament or assembly in a park in Grant County which is under
the jurisdiction of the Grant County Park Commission unless he first obtains
a permit from the Park Commission. An "assembly" is defined for this chapter
as a meeting or gathering of more than 100 persons in the same area of a park
for a common purpose.
B.
No person shall in any manner disturb, harass or interfere with
any person or party holding a written permit as indicated above nor with any
of his or its equipment or property. No person may operate or park, stop or
leave standing a motor vehicle in a park while using a radio, CD or tape player
emitting sound from the vehicle that is audible under normal conditions from
a distance of 50 or more feet from the vehicle.
No person shall engage in any sport, game, race, or amusement in any
park except upon such portions thereof as may be designated for that purpose,
and then only under such rules and regulations as may be established by the
Park Commission.
Permits for the exclusive use of any picnic or play area for any specified
date or time may be granted at the discretion of the Park Commission, and
no person shall in any manner disturb or interfere with any person or party
occupying the ground under such a permit nor with any of his or its equipment
or property.
No person shall make or kindle a fire for any purpose except in places
provided therefor, and then subject to such regulations as may be prescribed.
No person shall hunt or trap in any way or manner in any County park.
A signboard at least one foot square prohibiting hunting and carrying of firearms
shall be posted on at least every 40 acres in at least two conspicuous places
in all County parks.
No person shall pluck any flower, wild or cultivated, or break, cut
down, trample upon, remove, or in any manner injure or deface, write upon,
defile or ill use any tree, shrub, flower, flowerbed, turf, fountain, ornament,
statue, building, fence, apparatus, bench, table, official notice, sign, bridge,
structure or other property within any park; nor shall any person remove any
device for the protection of trees or shrubs; nor shall any person fasten
a horse or other animal next to any tree, shrub or grass plot which may become
damaged by the action of the animal.
A.
No person shall drive any automobile, motorcycle, or other vehicle
of traffic or burden upon any part of the park except the proper drives and
parking areas, or permit the same to stand upon the drives or any part thereof
so as to congest traffic or obstruct the drive.
B.
It shall be the duty of every person operating an automobile,
motorcycle, or other vehicle of traffic or burden within the parks to comply
with the state, County and municipal traffic codes and with all orders, directions
and regulations of traffic officers or officially displayed upon any post,
standard, sign or device installed for the regulation of traffic.
No person shall engage in violent, abusive, indecent, profane, boisterous,
unreasonably loud or otherwise disorderly conduct in any park under circumstances
in which the conduct tends to cause or provoke a disturbance.
A.
No person shall scatter, drop or leave any piece of paper, rag,
tin can, bottle, glass, peanut shells, melon rinds, banana peels or other
garbage, dead flowers or other rubbish in any portion of the parks, except
in the receptacles provided for that purpose.
B.
No person shall deposit, dump, throw, or place any earth, rubbish,
dust, manure, paper, garbage, or any other refuse matter or any sand, stone,
lumber, or building material, or any substance of any kind, in or upon any
part of the waters, grounds, or roadways of any park without written permission
of the Park Commission.
No person shall sleep, or camp, or lodge in any park, except in such
places as designated for such purposes as overnight or tourist or trailer
camps, and then only subject to the rules and regulations of the Park Commission
governing the use of such areas.
A.
Any person applying for a park permit to hold an assembly or
tournament in a park under the jurisdiction of the Grant County Park Commission
or any person applying for a permit to have exclusive use of a park picnic
or play area under the jurisdiction of the Grant County Park Commission shall
complete a park permit application form furnished by the Grant County Park
Commission. This form can also be obtained from the Grant County Clerk. The
applicant shall be required to supply the following information on the permit
application form:
(1)
Name and address of applicant.
(2)
Date on which and times during which the applicant wishes to
use the park.
(3)
The location of the park which the applicant wishes to use.
(4)
The area of the park the applicant is requesting to use and the
approximate size of the area the applicant is requesting to use.
(5)
If the applicant is requesting to hold an assembly or tournament
in a park area, the number of persons who will be in attendance at the gathering
and the steps the applicant will take to limit the number of persons in attendance
to the number specified by the applicant, and the applicant shall specify
what steps the applicant will take to clean up any garbage left on site by
persons in attendance. The applicant shall specify what steps the applicant
will take to furnish potable water for the persons attending the assembly
or tournament and what steps the applicant will take to furnish portable toilets
for persons attending the assembly or tournament which meet state statutes
and regulations and Grant County's ordinance regarding sanitation if the park
does not have already existing toilets which would furnish two toilets for
every 500 persons expected to be in attendance at the assembly or tournament.
The applicant shall specify what steps the applicant will take to dispose
of the human waste and garbage collected from the park area left as a result
of the assembly or tournament.
(6)
If the applicant is requesting to exclusively use a picnic or play area of a park, the applicant shall specify the number of persons who will be in attendance and the applicant shall specify what steps the applicant will take to clean up any garbage left on site by persons in attendance. If more than 100 people will be attending with the applicant in the park to exclusively use the park area, the applicant must disclose on the permit application all of the information required for an assembly or tournament set forth in Subsection A(5) above.
(7)
The applicant shall specify the reason why he is requesting a
park permit, i.e., to hold an assembly, to exclusively use a picnic area,
etc.
(8)
For assemblies and tournaments, the applicant must disclose the
amount of potable water to be supplied per person through the applicant, the
number of portable toilets to be supplied through the applicant, the name
of the person or company supplying the water and portable toilets, and the
name of the person or company who or which the applicant has arranged to remove
garbage from the park from the event and dispose of the human waste from those
in attendance using portable toilets furnished through applicant. If the applicant
wishes to exclusively use an area of the park and will have more than 100
people in attendance at the event, the applicant shall also supply all of
the information contained in this subsection.
B.
The applicant must sign the application for a permit and certify
that the information contained on the application is true and correct. The
completed application form shall be filed with the County Clerk's office at
least 10 days in advance of the date on which the applicant wishes to use
the park for an assembly or tournament or to exclusively use an area of the
park. The County Clerk's office shall forward the application for a permit
to the Grant County Park Commission for a decision. The matter shall be decided
at a meeting held before the Park Commission within five days of the date
the permit application is filed with the County Clerk.
C.
Denial of permit.
(1)
The Grant County Park Commission shall grant the permit unless
it finds any of the following factors exist:
(a)
Another individual or group has applied to use the same park
or park area exclusively or for an assembly or tournament on the same day
as the applicant which would interfere with the applicant's use of the park
as the other individual's or group's permit was approved.
(b)
The park or park area is not large enough to safely accommodate
the number of persons expected to attend the event.
(c)
The applicant failed to provide all of the required information.
(2)
If the applicant intends to have an assembly or tournament in
the park, the permit will be denied if the applicant has not made or will
not make arrangements to furnish potable water to provide drinking water for
the number of persons to be in attendance for the event at the rate of at
least one gallon per person for the day and if the park does not have a water
fountain with a sufficient water supply to provide the above water. If the
applicant intends to exclusively use the park or park area and have more than
100 people present for the event, the permit will be denied if the applicant
has not made or will not make arrangements to furnish potable water to provide
drinking water for the number of persons to be in attendance for the event
at the rate of at least one gallon per person for the day and if the park
does not have a water fountain with a sufficient water supply to provide the
above water. All water supplied through the applicant must meet all governmental
requirements.
(3)
If the applicant intends to hold an assembly or tournament in
the park, the permit will be denied if the applicant has not made or will
not make arrangements to furnish portable toilets to provide at least two
toilets for every 500 persons in attendance at the event if the park does
not already have existing toilets on the park premises that would provide
two toilets for every 500 persons to be in attendance at the event. If the
applicant intends to exclusively use a park or park area and have more than
100 persons present, the permit will be denied if the applicant has not made
or will not make arrangements to furnish portable toilets to provide at least
two toilets for every 500 persons in attendance at the event if the park does
not already have existing toilets on the park premises that would provide
two toilets for every 500 persons to be in attendance at the event. All toilets
furnished by the applicant must meet state requirements and Grant County's
ordinance regarding sanitation for the permit to be approved.
(4)
The permit will be denied if the applicant has not made or will
not make arrangements to clean up garbage left on site by persons in attendance
whether by the applicant, the applicant's employees or an independent contractor.
The permit will be denied if the applicant plans to hold an assembly or tournament
in the park or exclusively use the park or park area by more than 100 people
and has not made or will not make arrangements to have garbage removed from
the park which is collected at the park as a result of the event or if the
applicant has not made arrangements to remove human waste from the park from
portable toilets furnished through the applicant for the event.
D.
The Park Commission shall notify the applicant in writing of
its decision regarding the permit application within three days of the meeting
held at which the decision was rendered. If the permit is denied, the Park
Commission shall inform the applicant of the reasons why it was denied and
his appeal rights. Any person aggrieved by a decision of the Park Commission
as a result of a decision regarding a permit can file a written notice of
appeal with the Grant County Clerk within three days of receipt of a written
decision regarding a park permit. The notice of appeal shall set forth the
grounds for the appeal. If a written appeal is filed, a hearing shall be held
before the Grant County Law Enforcement Committee within 10 days of the notice
of appeal being filed with the County Clerk. Notice of the hearing date, time
and place shall be sent to the interested persons at least five days in advance
of the hearing. At the hearing, the parties can be represented by an attorney
and may present evidence and call and question witnesses. The Law Enforcement
Committee shall issue a written decision within three days of the hearing
setting forth its decision and the reasons for its decision. Any person aggrieved
by a decision of the Law Enforcement Committee under this chapter can file
a writ of certiorari with the Circuit Court of Grant County within 30 days
of the decision of the Law Enforcement Committee.
E.
Any person or group granted a permit or any person or group using
the park must comply with the rules and regulations of the park and must not
violate any of the provisions of this chapter. Any person causing damage to
the park or injury to anyone in the park shall be liable for any losses, damage
or injuries caused by said actions.
Until otherwise directed by the Grant County Board of Supervisors, the
Park Commission is hereby authorized to adopt additional or revised rules
and regulations for the proper conduct and administration of the parks in
the County of Grant not inconsistent with this chapter, to grant or deny permits
in conformity with the provisions hereof, and to perform such other acts with
reference to the management of said parks as are lawful and as it may deem
expedient to promote the beauty and usefulness of said parks and to increase
the comfort, safety, convenience and public welfare of the citizens of Grant
County and of visitors to said parks in their use of the same.
A.
Any person found violating any of the provisions of this chapter
may be issued a citation by any law enforcement officer of Grant County, Wisconsin.
Any citation shall provide for the information required by § 66.0113,
Wis. Stats., except that citations for motor vehicle violations under this
chapter shall provide the information required by § 345.11, Wis.
Stats.
B.
Any person convicted of violating any of the provisions of this chapter can be ordered to pay a forfeiture of not more than $100 plus statutory costs, except that a violation of § 200-3B shall result in a forfeiture of $40 plus statutory costs. If the violator is a minor, the forfeiture shall not exceed $50 plus statutory costs, except that a violation of § 200-3B shall result in a forfeiture of $40 plus statutory costs. Statutory costs shall not be assessed against a minor under age 14 years.
C.
In default of payment of the forfeiture plus statutory costs,
the violator can be imprisoned in the Grant County Jail for a period not to
exceed 60 days or until such penalty and costs shall be paid.
D.
The District Attorney's office is authorized to handle the prosecution
of anyone who violates the provisions of this chapter.
E.
The cash deposit which can be posted for a violation of this chapter is the sum of $100 plus statutory costs, including but not limited to the penalty assessment, jail assessment, and the crime laboratories and drug enforcement assessment, except that the cash deposit which can be posted for violation of § 200-3B is $40 plus statutory costs. If the violator is a minor the cash deposit is $50 plus statutory costs, except that the cash deposit which can be posted for violation of § 200-3B is $40 plus statutory costs. If the minor is under age 14 years, no statutory costs shall be included in the cash deposit. Cash deposits, costs and assessments shall be paid to the Clerk of Circuit Court for Grant County. The Clerk of Circuit Court shall issue receipts for cash deposits, costs and assessments
Any law enforcement officer of Grant County shall have the right to
enter at any time any building, structure or enclosure in any park to enforce
this chapter, including grounds, buildings, structures or enclosures which
may be leased to or set aside for private or exclusive use of any individual
or group of individuals.