[HISTORY: Adopted by the Common Council of the City of Brodhead as Title 12, Ch. 1, of the 1997 Code. Amendments noted where applicable.]
Purpose. In order to protect the parks, parkways, recreational facilities and conservancy areas within the City of Brodhead from injury, damage or desecration, these regulations are enacted.
Definitions. As used in this chapter, the following terms shall have the meanings indicated in this subsection:
- DOG PARK
- A fenced in area of a park which has been designated by the
Common Council for use by dogs without a leash.[Added 7-16-2019 by Ord. No. 2019-007]
- GREEN BELTS
- Areas of municipally owned lands that are intended to serve an environmental control function such as erosion control, flood control and groundwater preservation, which land is not generally desirable for public development, but may include any special interest activities which may lend themselves to the area, such as trails.
- OPEN SPACES
- Areas of municipally owned lands maintained in their natural state, thus supporting native plants and animals.
- PARK FACILITIES
- Any park area, equipment or structure that has been set aside with a specific use intended.
- Includes all grounds, structures and watercourses which are
or may be located within any area dedicated to public use as a park,
parkway, recreation facility or conservancy district in the City and
includes all existing, proposed and future municipal property set
aside for active or passive use of leisure time.[Amended 3-17-2015]
- An area, either within a larger park area or a small area, set aside for the purpose of promoting imaginative and creative play of schoolchildren and providing a means of physical exercise through the use of play apparatus.
- PUBLIC PROPERTY
- All municipally owned parks, park facilities, playgrounds, swimming areas, green belts, open spaces, streets, parking facilities and easements for public use.
- SWIMMING AREAS
- Any open swimming area developed with the intent for use for swimming purposes and under the supervision of a professional lifeguard.
Littering prohibited. Depositing rubbish or litter in any park or public property is prohibited. No person shall place or deposit any filth, ashes, embers, dirt, garbage, rubbish, paper or other litter, refuse or offensive matter in or on any park or other public property. This provision shall not prevent the proper use of rubbish burners or other receptacles where they are provided by the City.
Sound devices. No person shall operate or play any amplifying system unless specific authority is first obtained from the Common Council or designated committee thereof.
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 Common Council or designated committee thereof.
Throwing stones and missiles prohibited. No person shall throw stones or other missiles in or into any park.
Removal of park equipment prohibited. No person shall remove benches, seats, tables or other park equipment from any park.
Trapping. "Trapping," when used in this section, includes the taking, or the attempting to take, of any wild animal by means of setting or operating any device, mechanism or contraption that is designated, built or made to close upon, hold fast or otherwise capture a wild animal or animals; live traps on a person's property are excluded. The trapping of wild animals is hereby prohibited in City parks, unless authorized by the Common Council.
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.
Protection of park property. No person shall kill, injure or disturb or atempt 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 fence 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.
[Amended 7-16-2019 by Ord. No. 2019-007]
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 Common Council authorization for shows, rides or exhibits, and then only for the purpose of loading and unloading.
Snowmobiles. No person shall operate a snowmobile in a City park except in designated areas. Snowmobiles shall only be operated on designated trails.
Speed limit. No person shall operate any vehicle in a City park in excess of 15 miles per hour, unless otherwise posted.
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 alcoholic beverages.
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.
Parking in parks. No person shall park any motor vehicle in any park in the City except in a designated parking area.
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 Common Council 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.
Removing tree protectors. No person shall remove any device for the protection of trees or shrubs.
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.
Arrows. No person shall use or shoot any bow and arrow in any City park, except in authorized areas.
Fees and charges. The Common Council 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.
Camping. Camping in all City parks is prohibited.
Firearms; hunting. Possessing or discharging of any firearm or weapon of any kind is prohibited in all City parks.
Fish cleaning. Cleaning of fish in shelters, toilet facilities or picnic areas is prohibited in all City parks.
Controlled substances. Possessing, using or dispensing of a controlled substance in violation of the Uniform Controlled Substances Act is prohibited in all City parks.
It shall be unlawful for any person to fly, operate or make use of any remote- or radio-controlled model airplane, helicopter, or any other airborne device in, over or upon any street, park or other public or private property, except in areas specifically designated and posted for such purpose and with the consent of the property owner or lessee of the property.
[Amended 7-16-2019 by Ord. No. 2019-007]
Except as authorized by the Common Council, no person or animal under their control shall dig into the turf of any City-owned park or recreational property for any purposes whatsoever or remove any trees or flowers. Absent authorization by the Common Council, the use of metal detectors and digging for buried objects on City parks or recreational property, except beaches where no vegetation is present, is prohibited.
Park hours. Subject to certain exceptions listed in Subsection B below, Legion Park shall be closed from 11:00 p.m. to 5:00 a.m. the following day. Closing hours shall not be applicable for authorized events. No person shall be in any other City parks, including Headgates Park, between the hours of 10:00 p.m. and 5:00 a.m.
Park closing and opening dates. The Chief of Police or Common Council will have full authority to open and close any park, facility or area because of weather conditions, physical condition, construction or when, in the interest of public safety, it is deemed necessary.
Pool hours. No person shall be in the City pool or inside the fenced pool area when the pool is closed to the general public or during any period the pool is closed and the fenced area surrounding said pool is locked or secured.
Policy on reservation. The City-owned park and park facilities and shelter areas are primarily for the nonexclusive use of the residents and visitors of 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, excluding camping areas, in the City to the end that the general welfare of the City 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 Parks Director for a permit for exclusive use of the same. The Parks Director shall issue permits for exclusive use of a portion of a park or park shelter, while the Common Council shall issue permits for the exclusive use of City parks. Park facilities are reserved on a first-requested-first-reserved basis.
Application. Applications shall be filed with the Parks Director 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:
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.
Any additional information which the Common Council or Parks Director finds reasonably necessary to a fair determination as to whether a permit should be issued.
Action on application. The Common Council 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. Applicants 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.
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.
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.
The exclusive use will reasonably create a substantial risk of injury to persons or damage to property.
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 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.
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.
Permit revocation. The Common Council 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 Common Council 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 wine cooler (picnic) licenses. When fermented malt beverages or wine coolers are sold at any event in a City park as authorized by the Common Council by § 290-21A(4), a valid fermented malt beverage license or wine cooler license shall be obtained, and the provisions of §§ 290-11 and 290-21 shall be fully complied with. Said license shall be held by the same organization qualified to hold the Class "B" (picnic) licenses [§§ 125.26(6) and 125.51(10), Wis. Stats.] which also holds the park use permit for the event and shall be presented to any law enforcement officer upon request.
Care of facilities. Persons reserving City facilities shall be completely responsible for cleaning up the facilities after the event to the satisfaction of City officials. Inadequate cleaning shall result in the permit holders being billed for such cleanup costs.
[Added 7-16-2019 by Ord. No. 2019-007]
Specific regulations. In addition to the other provisions of this chapter, the following regulations shall apply to dog parks.
No dog is permitted to enter a dog park without its owner or the owner's authorized agent obtaining a yearly or daily dog park permit issued by the City. The owner/handler of the dog must have a valid dog park permit for that dog in their possession for the dog to be permitted access to a dog park.
No dog which is determined to be ill or injured or is otherwise determined to be a vicious dog pursuant to § 178-6B(1) is permitted to enter a dog park. If a dog is determined to be a vicious dog after the issuance of a dog park permit, the owner of the dog shall surrender the permit for the dog to the City Clerk/Treasurer or City Police Department.
No tobacco products are permitted.
No commercial or professional business may be conducted without prior approval of the Common Council.
In addition to the vaccination requirements of § 178-2A, all dogs must be vaccinated against Bordetella.
No dog under four months of age is permitted access to the dog park.
All dogs must be accompanied by an owner/handler 16 years of age or older. All children under 16 years of age must be under the direct supervision of an adult, and such children enter the dog park at their own risk.
No child strollers or dog strollers are permitted.
Dogs must be under the voice control of their owner/handler at all times. An owner/handler must stop their dog from digging and must fill any holes created by their dog.
Dog owners/handlers must carry a leash for their dog at all times and may not leave the dog park without their dog.
All gates must be closed after entering or exiting the dog park.
Owners/handlers must exercise control over their dogs so that they do not disturb wildlife or interfere with other dog park users.
Female dogs in heat are not permitted access to the dog park. Dogs that are not spayed or neutered may enter their dog park at their owner's risk.
An applicant seeking a dog park permit must provide the following:
A completed application for a dog park yearly or daily permit on forms provided by the City Clerk/Treasurer or the City Police Department.
Certification of current vaccination for rabies and Bordetella signed by a veterinarian.
Waiver of City liability form signed by the applicant.
Payment of dog park permit fee in an amount determined by resolution of the Common Council.
All required forms must be filed with and all fees paid to the Office of City Clerk/Treasurer or the City Police Department.
Yearly permits will be issued on a calendar year basis.
Action on application.
The City Clerk/Treasurer or Chief of Police or their designee (approving authority) will review each application and approve or deny the application based upon the criteria of Subsection B. Denial of a permit may be appealed in writing to the Park Board and filed with the City Clerk/Treasurer or City Police Department within 30 days of receipt of the notice of denial.
The approving authority may condition approval of the application upon such terms and the conditions as are determined necessary to protect the public and ensure safe operation of the dog park.
Upon approval of an application, the approving authority shall issue a permit for each dog granted access to a dog park.
The dog park permit will specify all persons authorized to take the dog to a dog park. The permit holder is jointly responsible with all persons taking a dog to a dog park to ensure compliance with the requirements of all applicable ordinances.
Permit revocation, suspension, or nonrenewal.
Upon receipt of a signed and written complaint filed with the City Clerk/Treasurer or the City Police Department alleging that a dog has bitten a person or another dog, is a vicious dog or that the dog park permit holder or other person authorized to use said permit is violating dog park rules, the City Clerk/Treasurer or Police Chief or their designee will send notice to the dog park permit holder suspending their dog park permit for the dog until a final determination of the complaint and of the revocation of the dog park permit in the event of a failure to appeal the suspension. Upon receipt of the notice of suspension, the dog park permit holder has 10 days to submit to the City Clerk/Treasurer or Police Chief a written request for a hearing to appeal the suspension and contest the complaint. Upon receipt of a timely appeal, the matter will be scheduled for a hearing before the Park Board. If the dog park permit holder does not timely appeal, the dog park permit will be revoked.
Following the hearing on an appeal, the Park Board may suspend or revoke the dog park permit if it finds that the facts justify suspension or revocation for the protection of other users of the dog park or to ensure continued operation of the dog park in conformity with the ordinances governing its use. If the Park Board does not so find, it will reinstate the dog park permit.