[HISTORY: Adopted by the Common Council of the City of Nekoosa 2-9-1988 by Ord. No.
423. Amendments noted where applicable.]
The Parks and Recreation Director shall be responsible for the
day-to-day operation of City parks in accordance with policies established
by the Board of Public Works and the Council.
It shall be unlawful for any person to commit any of the following
acts in or upon any public park within the City:
(1)
Vandalism: to disturb, molest, deface, remove or destroy any trees,
shrubs, plants or other natural growth; to carve on any rocks, signs,
walls or structures; to drive nails in trees; or to injure or deface
in any manner any park building, signs, fences, tables or other City
property.
(2)
Fires: to build any fire, except in grills or fireplaces provided
for that purpose. No person shall leave any fire unattended, and all
fires shall be extinguished before leaving the area. No person shall
throw away any cigarettes, cigars or pipe ashes without first extinguishing
them.
(3)
Litter: to leave, throw or break any bottle, box, refuse or other
object, except in clearly marked refuse receptacles provided for that
purpose; or throw, discharge or otherwise place or cause to be placed
in the waters of any pond, lake, stream, river or other body of water
or on the ice thereof in or adjacent to any park any substance, matter,
or thing, liquid or solid, which will or may result in the pollution
of said waters. Where receptacles for rubbish are not provided, all
waste shall be carried away from the park by the person responsible
for it.
(4)
Fireworks: to set off fireworks of any kind, except when a public
display permit has been issued by the Mayor, pursuant to § 9.05
of this Code.
(5)
Games: to engage in any athletic contest, game or activity, except
in areas specifically designated for such activity, whereby large
areas of public grounds are usurped by the participants to the exclusion
and at the peril of injury to others.
(6)
Sales: to vend, sell or offer for sale any food, beverage or other
commodity or article to the public within any park without written
authorization from the Board of Public Works.
(7)
Rules: to fail, refuse or neglect to obey the regularly posted rules
and regulations of the Council or the Board of Public Works for the
use or enjoyment of any facilities.
(8)
Molesting animals: to molest, disturb, chase or throw objects at
any animal or bird within any park.
(9)
Advertising and signs: to paste, glue, tack or otherwise post any
sign, placard or advertisement or distribute handbills or solicit
business of any nature in any park without written authorization from
the Board of Public Works.
(10)
Disorderly conduct: to engage in violent, abusive, indecent, profane,
boisterous, unreasonably loud or otherwise disorderly conduct under
circumstances in which such conduct tends to cause or provoke a disturbance,
endangers other persons or property, or interferes with the use of
the park by others.
(11)
Unnecessary noise: to operate sound trucks, loudspeakers or any other
mechanical device which produces undue or unnecessary noises without
first obtaining a written permit from the Board of Public Works.
(12)
Dogs: to allow dogs to run at large at any time within the boundaries
of the park. All dogs within parks shall be kept on a leash by the
owner at all times. No dogs shall be permitted in picnic areas at
any time.
(1)
All parks shall be closed to the general public from 12:00 midnight
to 4:00 a.m., and it shall be unlawful for any person to occupy or
be present in any park during hours in which the park is not open
to the public, except where permission, in writing, has been granted
by the Board of Public Works.
(2)
Any park or part thereof may be declared closed to the public by
the Board of Public Works at any time and for any interval of time,
either temporarily or at regular or stated intervals. It shall be
unlawful for any person to enter or be present in any park or portion
thereof which has been closed to the public.
(1)
No person shall drive or park a motor vehicle in any park, except
on such roads or parking lots specifically designated for the use
of motor vehicles.
(2)
No person shall operate a motor vehicle at a speed in excess of 15
miles per hour or in excess of any other posted speed limit, whichever
is less.
(3)
No person shall operate a motor vehicle in a reckless or imprudent
manner or in any manner which may tend to create a disturbance or
endanger the safety of persons using the parks.
(4)
No person shall operate a motor vehicle in any park in excess of
10,000 pounds without prior authorization from the Director of Public
Works.
[Added 6-10-2014 by Ord. No. 575]
Snowmobiles shall not be operated in any park.
This section applies to bicycles, minibikes, trail bikes, all-terrain
vehicles and similar devices. No person shall ride or operate, or
permit a child to ride or operate, a bicycle or other off-the-road
vehicle, except in areas specifically designated for their use.
(1)
Designated. The north 250 feet of the Wisconsin River front lying
adjacent to the south line of part of Government Lot 8, Section 15,
T 21 N, R 5 E, and extending westerly a distance of 300 feet is hereby
designated a public boat landing and parking area.
(2)
Supervision. The City boat landing shall be under the supervision
of the Chief of Police.
(3)
Launching and recovery procedure. All persons launching or recovering
boats shall remove vehicles, trailers and watercraft from the launching
area within 10 minutes. Launching or recovering requiring more than
10 minutes shall be allowed only upon prior approval of the Chief
of Police. If the launching area is needed for any emergency purpose,
the ramp shall be vacated immediately.
(4)
Parking regulated. Vehicles shall be parked only in areas so designated,
and said areas shall be used only by persons using the landing facility.
(5)
Boat launch permit.
[Added by Ord. No. 537]
(a)
Required. No person shall launch a watercraft in the City boat landing
without having obtained a boat launch permit and displaying said permit
on his motor vehicle.
(b)
Obtaining a permit. City residents shall be entitled to obtain one
annual boat launch permit per household, without payment of a fee,
by applying for the permit at the office of the City Clerk. Nonresidents
shall pay a daily or annual fee pursuant to a fee schedule set forth
by the Council.
[Amended by Ord. No. 534; Ord. No. 537]
(1)
Penalty. Any person who shall violate any provision of this article
may be subject to a penalty as provided in § 25.04 of this
Code.
(2)
Enforcement. This article shall be enforced in accordance with the
provisions of § 7.15 of this Code and §§ 345.20
through 345.53, § 66.0114 and Ch. 799, Wis. Stats.
[Added at time of adoption of Code (see Ch. 25, General Provisions,
Art. II)]
(1)
Conduct regulated. Lot owners and visitors are reminded that the
cemetery is designated for the burial of the dead and that strict
observance of all the proprieties of the place is indispensible, that
trespassers are liable to criminal prosecution and fine and that all
rules and regulations must and will be enforced.
(a)
No person shall write upon, deface or injure any monument, fence
or other structure in or belonging to the cemetery, nor disturb the
quiet and good order of the place by noise or other improper conduct.
(b)
No vehicle shall be driven through the cemetery grounds at a speed
faster than 10 miles per hour.
(c)
No person, while in the cemetery, shall pluck any wild or cultivated
flower nor injure any tree, shrub or plant.
(d)
No dogs shall be permitted within the cemetery. This subsection shall
not apply to a service dog as defined in § 951.01(5), Wis.
Stats.
(e)
No signs, notices or advertisements are allowed on the premises,
except directions placed by the City.
(f)
At all times and for all purposes, the passing over or walking upon
lots belonging to others is strictly prohibited wherever it is possible
for lot owners to gain access to their lots without so doing.
(g)
The throwing of rubbish on the avenues, walks or any part of the
ground is strictly prohibited.
(h)
Children are not allowed to be in the cemetery unless accompanied
by adults.
(i)
Picnics and the partaking of food and refreshments are prohibited.
(j)
No firearms, air rifles, slingshots or other means of propelling
missiles are permitted in the cemetery, except firearms used at a
military funeral.
(k)
Sitting, lounging or lying on lots, mounds or ornamental grounds
and on monuments, headstones or tombs is strictly prohibited.
(2)
Grave and lot regulations.
(a)
All improvements or cornerstones indicating the boundaries of lots
must be placed on the lot itself, and no fence of any kind whatsoever
shall be erected as a boundary, curbing or enclosure on any lot.
(b)
If any tree, shrub, plant or flower situated on any lot shall, by
means of its roots, branches or otherwise, become unsightly, detrimental,
dangerous or inconvenient to the adjacent lots, walks or avenues,
the officers of the cemetery shall have the right, and it shall be
their duty, to enter upon said lot and remove such tree, shrub, plant
or flower or such part thereof as they may deem unsightly, detrimental,
dangerous or inconvenient.
(c)
The City reserves the right, without notice, to prohibit or remove
from lots any objectionable ornaments, chairs, settees, vases, cases,
artificial flowers, or any other article that may be considered objectionable.
(d)
Funeral designs and floral pieces shall be removed from graves as
they become wilted or unsightly, and parties desiring to retain the
same must so inform the sexton. In no case will the employees attempt
to find them after removal nor will the City be responsible for anything
placed on lots and graves.
(e)
If any structure, monument or inscription placed in or upon any lot
is determined by the City to be offensive or improper or injurious
to the appearance of the surrounding lots or grounds, it shall be
subject to removal by the City.
(f)
All graves and lots in the cemetery shall be of grade as determined
by the sexton, and graves and lots must be maintained at a uniform
grade.
(g)
The settings for monuments shall be built to the depth of the grave
line and shall have a margin on the top thereof outside the base of
the monument of five inches or more, and all sides of said margin
shall be built flush with the grave. Markers shall have a setting
to a depth of four inches minimum and shall have a like margin of
four inches or more.
(h)
The sexton shall have supervision of the installation of any monument
or marker in said cemetery, and none shall be installed without a
written permit from the sexton.
(i)
The sexton shall have the full authority to enforce the terms and
provisions of this section.
(3)
Sale of lots; fees.
(a)
The purchaser of any lot or lots shall deposit with the City Treasurer
the full amount of the purchase price at the time of purchase, and
upon payment to the Treasurer, the City Clerk shall issue a deed for
same to the purchaser. At no time shall there be a grave opened on
any lot unless a deed has been issued for same. The owner of a lot
or lots in the cemetery cannot sell or convey same, except to the
City. Any owner who has purchased a lot or lots in the cemetery at
the rate charged to residents shall not be allowed to bury a nonresident
in said lot or lots (other than the owner of the lot) unless such
owner pays an additional fee. The additional fee shall be the difference
between the rate charged to residents and the rate charged to nonresidents,
which shall be paid prior to any burial.
(c)
The Property, Recreation and Human Affairs Committee shall designate
and set aside in the new plat area of the cemetery a part thereof
to be for the burial of indigents, and the price of a grave therein
shall be $5. Only a small marker shall be permitted to be installed
over such a grave.
(e)
All persons purchasing property in the cemetery shall hold such property,
subject to the terms of this section and the rules and regulations
governing the cemetery, as though the same were recited verbatim in
the deed. Any person owning unoccupied property in the cemetery and
desiring to sell the same shall convey it to the City, and the City
shall pay 75% of the then market value of said property to the owner
thereof. If the City declines to purchase such property, it shall
indicate its consent to a transfer thereof, in writing, on the new
deed of conveyance, provided the prospective purchaser is a satisfactory
party under this section or the applicable rules and regulations or
laws, and provided there is no memorial or portion of a memorial located
on the property sought to be conveyed. The deed of conveyance shall
refer to these conditions and any other conditions or restrictions
or reservations deemed warranted at the time of sale.
(f)
The ownership and descent of cemetery property shall be determined
and governed by the applicable laws of the state and, in the event
of conflicting claims, disputes or uncertainty, the City shall rely
upon the records of the County Register of Deeds, Wisconsin, and appropriate
court records in determining ownership of the property in the cemetery
and rights to interment. The City may refuse interment without liability
pending proper settlement of such conflicting claims of ownership,
uncertainties or disputes. Orders, written or oral, for burial given
by the undertaker having charge of the burial of any person shall
be construed by the City as proper orders from the lot owner himself
and, after interment, no changes in location of graves will be made,
except at the expense of the lot owner. Undertakers making arrangements
for the deposit of a body or remains shall be held responsible for
all charges connected therewith.
(4)
Interment; fees.
(a)
No grave shall be dug by any person other than employees of the City
under the supervision of the sexton.
(b)
The moving of a body from one grave to another grave in the cemetery
shall be under the supervision of an undertaker, and he shall be responsible
for same, and all work in that connection under his supervision shall
be performed by City employees, and the sexton shall be present at
the time. The expenses thereof shall be paid by the undertaker to
the City.
(c)
Except for the interment of infants, if a suitable alternative is
used, the casket in every earth interment shall be enclosed in a concrete
box, concrete vault, metal vault, copper vault or plastic vault which
meets the following minimum specifications:
1.
A concrete box shall be made of concrete reinforced with wire. The
cover shall be affixed to the box in a manner which will avoid horizontal
movement when in place.
2.
A concrete vault shall be made of concrete reinforced with wire.
The cover, when in place, shall seal the unit and form a rigid receptacle.
3.
A metal vault shall be made of twelve-gauge or heavier metal covered
with asphalt, galvanizing or porcelain. The cover, when in place,
shall seal the unit and form a rigid receptacle.
4.
A copper vault shall be made of twelve-gauge or heavier solid copper.
The cover, when in place, shall seal the unit and form a rigid receptacle.
5.
A plastic vault shall be made of approved plastic or fiberglass.
The cover, when in place, shall seal the unit and form a rigid receptacle.
6.
Receiving box or vault dealers shall complete installation of the
receiving boxes or vaults at least 1/2 working hour prior to the established
funeral time.
(d)
Grave opening and interment fees shall be as follows:
1.
Residents. For residents who have lived in the City or a nursing
home for one or more years at the time of death, the charges shall
be $200 for adults and $100 for infants up to six years of age.
2.
Nonresidents: $500 for adults and $150 for infants up to six years
of age.
3.
Cremation: $100 for all residents, including infants, and $300 for
all nonresidents, including infants.
(e)
Interment fees shall be paid to the City Treasurer and a receipt
therefor presented to the City Clerk before the sexton shall direct
the digging of the grave.
(f)
No interment, other than a lot owner, shall be permitted without
a prior written order of the lot owner or his personal representative
under the law.
(g)
If the interment sought by a City resident lot owner is for a nonresident
decedent, then the said lot owner shall deposit with the City Treasurer
the additional price, at that time, of a lot for burial of a nonresident
of the City.
(h)
No interment shall be permitted or dead body received without a burial
permit or removal certificate issued by the Register of Deeds or the
City Clerk of the place where the death occurred. Such permit or certificate
shall be retained by the Clerk as part of his record, and he shall
require the sexton to endorse thereon the date of interment with his
signature. All interments, disinterment and other matters relating
to the disposal of dead bodies shall be pursuant to the state, county
and local laws, rules, regulations, the orders of the State Department
of Health Services and this section.
(i)
Notice of the interment must be given to the City Clerk at least
12 working hours in advance of burial. The cemetery sexton or an assistant
must be present at all interments, and he shall have full charge of
opening, closing and sodding all graves and all funerals while within
the cemetery grounds.
(5)
Reward. The City offers a reward of $50 for information which will
lead to the detection and conviction of any person for stealing from
any lot, any property of any kind thereon, or any part of any property
thereon, or for molesting or damaging any property in the cemetery.
(6)
Variances. Special cases may arise in which the literal enforcement
of a rule may impose unnecessary hardship. The City therefore reserves
the right, without notice, to make exceptions, suspensions or modifications
in any of these rules and regulations when, in its judgment, the same
appear advisable, and such temporary exception, suspension or modification
shall in no way be construed as affecting the general application
of such rule or create any liability on the City.
(7)
Penalty. Any person who violates any provision of this section shall
be subject to a forfeiture as provided in § 25.04 of this
Code.