Village of Kimberly, WI Parks and Recreation

Littering prohibited. No person shall litter, dump or deposit any rubbish, refuse, earth or other material in any park.

Sound devices. No person shall operate or play any amplifying system, except for activities at the Kimberly Amphitheater as approved by the Amphitheater Board of Directors, unless specific authority is first obtained from the Village Board.

Pets.

[Amended 1-9-2017 by Ord. No. 1-2017]

(a)

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

(b)

The Community Enrichment Director is hereby authorized to permit dogs to be used in any Village park for the elimination of nuisance animals (ex. geese), providing the following minimum guidelines are met:

[1]

The dog(s) for which permission is sought is/are presented with proof of current vaccination status and such dog(s) is/are licensed in the Village according to §§ 180-2 and 3 and § 174.07, Wis. Stats., and application for an additional license provided by the Community Enrichment Director is made.

[2]

The dog is easily identifiable as being engaged in "nuisance animal elimination."

[3]

The owner shall have voice command control over such dog(s).

[4]

The permission granted may be revoked by the Director or Village Administrator for any reason, with all decisions being final.

[5]

The Director may establish additional requirements not in conflict with this section.

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 Village Board.

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 Village Board.

(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 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 Village Board 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 whether 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.

(11)

Snowmobiles. No person shall operate a snowmobile in a Village park except in designated areas.

(12)

Speed limit. No person shall operate any vehicle in a Village 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 Village.

(15)

Parking in parks. No person shall park any motor vehicle in any park in the Village 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 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. 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 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.

(19)

Arrows. Except as provided in § 377-2, no person shall use or shoot any bow and arrow in any Village park, except in authorized areas.

[Amended 3-17-2014 by Ord. No. 2-2014]

(20)

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.

[Amended 3-5-2012 by Ord. No. 3-2012]

(21)

Firearms; hunting. Except as provided in § 377-2, discharging of any firearm or weapon of any kind is prohibited in all Village parks.

[Amended 10-24-2011 by Ord. No. 12-2011; 3-17-2014 by Ord. No. 2-2014]

(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[1] is prohibited in all Village parks.

[1]

Editor's Note: See Ch. 961, Wis. Stats.

(24)

Camping. Overnight camping is not permitted in any Village park, unless specifically authorized by the Village Board for special events.

(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 Village Board, and no such installation, repair or construction shall commence without the written permission therefor from the Board. All public works, including construction and installation of power lines, hydrants, sewers and the like, shall be commenced only after notice to the Board of the Village's intention so to do. Where practicable, such construction and installation shall be performed pursuant to recommendations by the Board.

§ 372-2 Radio-controlled model airplanes.

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

§ 372-3 Turf protection on public property.

Except as authorized by the Village Board, no person shall dig into the turf of any Village-owned park property for any purposes whatsoever or remove any trees or flowers. Absent authorization by the Village Board, the use of metal detectors and digging for buried objects on Village park property, except beaches where no vegetation is present, is prohibited.

§ 372-4 Park hours.

Park hours. Subject to certain exceptions listed below, all Village parks shall be closed from 11:00 p.m. to 5:00 a.m. the following day. Persons launching or transporting watercraft from park property may do so only within park hours.

Exceptions to closing hours. The closing hours prescribed in Subsection A shall not apply to a person driving through a park on a public road; however, stopping shall not be permitted within a park. The Village Board may modify closing hours for particular events.

Park closing and opening dates. The Chief of Police, when it is deemed necessary, will have full authority to open and close any park, beach, facility or area when in the interest of public safety.

§ 372-5 Reservation of park space.

Policy on reservation. The Village-owned parks 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 in the Village to the end that the general welfare of the Village is protected.

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 Community Enrichment Director for a permit for exclusive use of the same. The Community Enrichment Director 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. Park facilities are reserved on a first-requested, first-reserved basis.

Application. Applications shall be filed with the Community Enrichment Director at least 14 days prior to the date on which the exclusive use of the entire park is requested, or 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:

The name, address and telephone number of the applicant.

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.

The name, address and telephone number of the person who will be responsible for the use of the said park, area or facility.

The date when the exclusive use is requested and the hours of the proposed exclusive date.

The anticipated number of persons to use the said park, area or facility.

(6)

Any additional information which the Community Enrichment Director or Village Board finds reasonably necessary to a fair determination as to whether a permit should be issued.

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.

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

If it is for a use which would involve a violation of federal or state law or any provision of this Code.

If the granting of the permit would conflict with another permit already granted or for which application is already pending.

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

The application is made less than the required days in advance of the scheduled exclusive use.

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)

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.

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.

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.

Permit revocation. The Village Board 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.

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.

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 §§ 308-16 and 308-22 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.

§ 372-6 Ultralight aircraft regulated.

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.

Regulations regarding use.

No person shall operate any ultralight aircraft within the Village 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 Village 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 Village public park or other Village property, the operator of such ultralight aircraft shall first obtain a permit from the Village Board. No fee shall be charged by the Village Board for such permit which may be issued for a period up to 30 days nor shall the Village Board sponsor such activity.

Any person desiring to land or to take off from any property owned by the Village of Kimberly 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 Village of Kimberly as an additional insured, and said certificate shall be filed with the Village Administrator at the time the applicant seeks a permit.

§ 372-7 Sunset Park boat launch regulations.

[Added 2-21-2011 by Ord. No. 4-2011]

Purpose and definition. This has been established to provide procedures, permits, regulations and control over the launching of boats and other recreational watercraft at the boat launch located within Sunset Park.

Specific regulations.

No person shall park a boat trailer, whether attached or detached to a vehicle, in the Sunset Park boat launch facility without first paying the daily or annual parking fee. Such fees may be waived upon the written approval of the Community Enrichment Director for the Village of Kimberly.

The annual parking permit shall be valid from March 31 of the year of issuance through March 30 of the following year. Annual permits shall be sold at the Village Administrator's office, Parks and Recreation Department office and/or other outlets as designated by the Community Enrichment Director for the Village of Kimberly.

Daily permits may be purchased through the self-registration facilities made available at the Sunset Park boat launch site. Such permits may be reused only during the day of purchase.

Fees.

The annual boat trailer parking permit shall be $15 for residents and $25 for nonresidents. For purposes of this section, "resident" status shall be considered as either one of the following:

(a)

An individual currently residing in the Village of Kimberly as is indicated by that person's driver's license.

(b)

An individual currently owning property within the Village of Kimberly as indicated by a tax receipt from the prior year.

When purchasing an annual boat launch permit, residents may purchase a second permit for another automobile, motor home or truck registered to the same individual which they intend to use to pull a boat trailer. The second permit shall cost $5. At any time following the initial transaction, a second permit or a replacement permit may be purchased at the Parks and Recreation Department office for the same permit period at a cost of $10 per permit. Proof of vehicle registration shall be provided for all transactions.

Annual stickers shall be prominently displayed and permanently affixed to the lower corner of the interior of the windshield on the driver's side of the automobile, motor home or truck utilized to pull the boat trailer. Daily boat trailer parking permit fees shall be $5. The printed side of the daily permit shall be prominently displayed on the interior of the passenger side window of the automobile, motor home, or truck pulling the boat trailer.

Vehicles attached to or pulling boat trailers shall have displayed and/or affixed on them an annual or daily boat trailer parking permit receipts and/or sticker when parking at the Sunset Park boat landing.

Authorized traffic officers. For purposes of enforcing this section of the Village of Kimberly Code, employees in the Kimberly Park and Recreation Department and officers of the Fox Valley Metro Police Department are hereby designated as "traffic officers" within the meaning of §§ 340.01(70) and 349.13, Wis. Stats., and are hereby authorized to issue citations for nonmoving violations of this section.

Responsibility of owner. The owner of a vehicle involved in a violation of this section shall be liable for the violation. There shall be no defense to a violation of this section by the owner indicating that he/she was not operating the vehicle cited at the time of the violation or that the owner did not personally park the boat trailer in the prohibited area.

Enforcement of parking restrictions.

Traffic officers observing violations of parking restrictions specified within this chapter may issue parking tickets that shall be attached to the vehicle parked in violation. Each parking ticket shall specify:

(a)

The location of the vehicle parked in violation of the provisions of this section.

(b)

The license number and state of licensing of the vehicle.

(c)

The time that such vehicle was parked in violation of the provisions of this chapter.

(d)

Any other facts or knowledge which is necessary for a thorough understanding of the circumstances attending to the violation.

Basic penalty for a violation of this section shall be $35.

Each owner or operator shall, within seven days of the violation, pay to the Village of Kimberly, as a penalty for and in full satisfaction of such violation, the basic penalty as stated within this section. Each such owner or operator shall, after said seven-day period, pay a penalty of $50. If the penalty is not paid within 14 days after the day of the violation, each owner or operator shall then pay a penalty of $75. The failure of such owner/operator to make such payments shall render such owner/operator subject to the penalties hereinafter provided for each violation of the provisions of this section.

In addition to all other methods of collecting parking fines provided for in this section, the proper Village officials are hereby authorized and directed to use the procedures provided for § 345.28, Wis. Stats., and to take all actions authorized under said section with regard to suspension of the registration of motor vehicles with unpaid citations.