[HISTORY: Adopted by the Village Board of the Village of
Brandon 7-8-2013 (Title 12, Ch. 1, of the 1998 Code). Amendments noted where applicable.]
A.
Purpose and definition. In order to protect the parks, parkways,
recreational facilities, and conservancy areas within the Village
of Brandon from injury, damage, or desecration, these regulations
are enacted. The term "park" as hereinafter used in this chapter 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, playground, swimming pond, nature trail,
or conservancy area in the Village.
B.
Specific regulations.
(1)
Littering prohibited. No person shall litter, dump, or deposit any
rubbish, refuse, earth, or other material in any park.
(2)
Sound devices. No person shall operate or play any amplifying system
unless specific authority is first obtained from the Village Board
or Police Department. Information regarding this permission is available
through the Police Department.
(3)
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 a park, except park regulations and
other signs authorized by the Parks and Recreation Committee.
(4)
Throwing stones and missiles prohibited. No person shall throw stones
or other missiles in or into any park.
(5)
Removal of park equipment prohibited. No person shall remove benches,
seats, tables, or other park equipment from any park without permission
of the Director of Public Works.
(6)
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 Village parks.
The only exception would be trapping permitted with the permission
of the Director of Public Works.
(7)
Making of fires. No fires are permitted except in grills designated
for that purpose. No grills are allowed underneath shelters. Portable
fire pits are prohibited in all Village parks. No person shall start,
tend, or maintain a fire except in personal or designated grills.
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. Burning
trash is prohibited.
(8)
Protection of park property.
(a)
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, flower bed, turf, soil,
sand, fountain, ornament, building, structure, apparatus, bench, table,
official notice, sign, or other property within any park.
(b)
No person shall deface by throwing stones, pebbles, or other
debris in any of the toilets, bubblers, or other sanitary facilities
located in any Village park; or deface by drawing with crayon, chalk,
paint, or anything else on any of the buildings or equipment at any
Village park; or deface the equipment by means of a sharp instrument.
(9)
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 Parks and Recreation Committee authorization for shows,
rides, or exhibits and then only for the purpose of loading and unloading.
(10)
Snowmobiles. No person shall operate a snowmobile in a Village
park except in designated areas. Snowmobiles shall only be operated
on designated trails.
(11)
Speed limit. No person shall operate any vehicle in a Village
park in excess of 10 miles per hour unless otherwise posted. Vehicle
operation on park public roads shall be subject to applicable state
statutes.
(12)
Glass beverage bottles in parks prohibited. No individual shall
possess or consume any beverage in a glass bottle or glass container
in any Village park.
(13)
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.
(14)
Parking in parks. No person shall park any motor vehicle in
any park in the Village except in a designated parking area.
(15)
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 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 daylight hours. No person shall ride a horse which cannot
be held under such control that it may be easily turned or stopped.
Horses shall not be left unbridled or unattended.
(16)
Removing tree protectors. No person shall remove any device
for the protection of trees or shrubs.
(17)
Golfing is prohibited in the parks. All sporting activities
must be held in areas so designated for that purpose.
(18)
Arrows. No person shall use or shoot any bow and arrow in or
at any Village park.
(19)
Fees and charges. The Village Board shall 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.
(20)
Firearms; hunting. Discharging of any air gun, sling shot, explosive,
firearm, or weapon of any kind is prohibited in all Village parks.
(21)
Fish cleaning. Cleaning of fish in shelters, toilet facilities,
or picnic areas is prohibited in all Village parks.
(23)
Vendors restricted. No person shall sell, vend, or give away
any article of merchandise whatsoever, without a written permit from
the Village Board.
(24)
Alcohol beverages. The consumption or possession of alcohol beverages in Village parks shall be as regulated by § 183-22.
(25)
Camping. No overnight camping shall be permitted in any park
except where written approval of the Village Board or duly authorized
agent is first obtained.
(26)
Village park restrictions; animals.
(a)
Any person may have a dog in the Community Park with the following
restrictions. Dogs are not allowed in the swimming area of the pond,
the playground area, the rest rooms, on the nature trail, within 20
feet of the Veterans' Memorial, or in the bleacher areas of the
ball diamonds. Dogs are allowed to be in and swim in the north and
west areas of the pond. When not in the water, dogs must be on leashes
and all persons are required to clean up after their animals. The
only exception to the above would be seeing-eye dogs.
(b)
No dogs are allowed in the Depot Park.
(27)
Nature trail use. Dogs and bicycles (except Police Department
bicycle patrols) are prohibited on Village nature trails. Nature trails
are closed to the public at sundown.
(28)
Use of park property for private profit-making activities is
prohibited.
(a)
Sales/vending activities in parks may be allowed as part of
an approved event [i.e., sales within the sponsoring organization
to offset the cost of the event (company picnic); sales by a nonprofit
group to raise funds for the group's operation (scouts); or sales
to raise funds that directly benefit the park system (civic group)].
(b)
Farmers' markets are allowed in the Depot Park east of
the railroad tracks. Vendors must register with the Police Department.
(29)
Go-carts or minibikes are prohibited.
(30)
Swimming is allowed in the beach area of the pond. Swim at your
own risk; there are no life guards on duty at any time.
(31)
The feeding of waterfowl is prohibited. The Village is not responsible
for any waste left behind by waterfowl.
(32)
Removing or defacing park signs, structures, or barriers is
prohibited.
(33)
Fishing is permitted; fishing in the swimming area is prohibited.
(34)
Fireworks and pyrotechnic displays are prohibited without a
special permit that would be issued by the Village President. A certificate
of insurance must be provided to the Village naming the Village of
Brandon as an additional named insured.
(35)
No person shall engage in fighting or violent, tumultuous or
threatening behavior or engage in any other activity which violates
any Village or state code.
It shall be unlawful for any person to fly, operate, or make
use of any airborne remote or radio-controlled model airplane, helicopter,
vehicle, or any other such 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, and with the permission of a Village
official.
Except as authorized by the Chief of Police or Village Board,
no person shall dig into the turf of any Village-owned park or recreational
property for any purposes whatsoever or remove any trees or flowers.
Absent authorization by the Chief of Police or Village Board, use
of metal detectors and digging for buried objects on Village parks
or recreational property are prohibited.
A.
Park hours.
(1)
Depot Park, described as that property within the Village bounded
on the north by Washington Street, on the east by Lockin Street, on
the south by Main Street, and on the west by Commercial Street, shall
be open for public use only from 6:00 a.m. to 11:00 p.m. At all other
times, said park shall be closed to any public use. Between November
1 and April 1, this park shall close at 9:00 p.m.
(2)
Brandon Community Park, as described by the Fond du Lac County GIS
mapping system, shall be open for public use only from 6:00 a.m. to
11:00 p.m. Between November 1 and April 1, this park shall close at
9:00 p.m. Any exceptions to this schedule must be approved through
the office of the Brandon Village Clerk, Director of Public Works
and the Police Department. At all other times said park shall be closed
to any public use.
B.
Loitering in the Brandon Community Park. No person shall loiter,
lounge, or loaf in or about a motor vehicle parked within the area
commonly known as the "Brandon Community Park," except as follows:
C.
Exceptions for organized activities. Subsection A shall not apply to any persons participating in any organized activity in a Village park and for which activity a permit was issued by the Village Board. This exception shall apply during the time such activity is in progress at a Village park and for 30 minutes after the termination of such activity.
A.
Policy on reservation. The Village-owned parks and park facilities
and shelter areas are primarily for the nonexclusive use of the residents
of and visitors to 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
of Brandon to the end that the general welfare of the Village 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 Village Clerk
for referral to the Village Board for a permit for exclusive use of
the same. The Village Board shall issue permits for exclusive use
of a park or a portion of a park. All reservations shall be made on
application forms located in the office of the Village Clerk and shall
be on a first-come, first-served basis; provided, however, that any
Village-based church or civic group may make reservations for dates
used by it in past years on a continuing basis at any time. Reservation
of a designated area shall give the party to whom reserved the right
to use such area to the exclusion of others for and during the period
of reservation. Areas not reserved shall be open to use by all.
C.
Application. Applications shall be filed with the Village Board 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 Village Board, Chief of Police,
or Clerk finds reasonably necessary in order make a fair determination
whether a permit should be issued.
E.
Reasons for denial. Applicants under this section 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 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.
F.
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, assigned 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.
G.
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 of Brandon.
H.
Permit revocation. The Village Board or Chief of Police 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.
I.
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.
J.
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 §§ 183-16 and 183-22 shall be fully complied with. Said license must be held by the person who filed the application for a permit and shall be presented to any law enforcement officer upon request.[2]
K.
Care of facilities. Persons reserving Village facilities shall be
completely responsible for cleaning up the facilities after the event
to the satisfaction of the Director of Public Works. All reserved
areas shall be left in a clean condition, with refuse placed in containers
provided for such purpose. Any organization or corporation reserving
any area in a Village park shall agree to assume full responsibility
for all damage to Village property by any invitee of said organization
or corporation and shall make full payment therefor upon billing by
the Village Clerk. Failure to do so shall deny future use of park
facilities until such payment is made, in addition to any other remedy
which the Village may have.
L.
Shelter rental regulations.
(1)
Requests for shelter reservations are accepted at the Village Hall
on a first-come, first-served basis beginning the first business day
following January 1 of the given calendar year. Exception: Depot Park
Shelter reservations for brat fries only are obtained through Brandon
Meats, 117 South Commercial Street, Brandon, WI 53919, (920) 346-2227.
The months that the shelters are available are April to October, weather
permitting.
(2)
To reserve a shelter, call the Brandon Village Hall at (920) 346-5415
for availability. Reservations may be made over the phone or in person.
Interested parties must file the necessary application and fees, including
a security deposit, to guarantee a reservation.
(3)
Fees for shelter use shall be as set by the Village Board. In addition
to the shelter fee, a security deposit of $50 is required for individuals
and $100 for organizations. The security deposit will be returned
after it is determined by Village staff that the shelters and park
equipment are cleaned up and placed back in their original condition.
The shelter(s) must be cleaned within an hour after use. A "resident"
is defined as any individual or business located within the corporate
boundaries of the Village of Brandon.[3]
(4)
Reservations are confirmed by check payment only. Check payment must
match the applicant's name on the park shelter application.
(5)
A key is required for the Depot Park shelter kitchen. Keys must be
picked up at Brandon Meats between 7:00 a.m. and 3:00 p.m. for weekday
rentals or before 2:30 p.m. on Friday for weekend rentals. By the
following day, keys must be either returned to Brandon Meats or placed
in the Village Hall drop box.
(6)
Amplified music (live bands, DJs) requests must be submitted, in
writing, to the Brandon Police Department, 115 North Center Street,
at least 30 days in advance. Information regarding music in the park
is available from the Police Department [(920) 346-5555].
(7)
Smoking is prohibited in enclosed Village buildings.
(8)
Unconditional refunds will be allowed 30 days prior to a park usage
date. Twenty percent of fees will be retained as an administrative
charge. The administrative charge will not exceed $10 for refunds
meeting these criteria. For cancellations less than 30 days prior
to a usage date, 50% of the permit fee will be retained as a service
charge. Refunds will not be allowed on or after a usage date. A user
deposit is required and will be refunded with the proper utilization
of park facilities and return of key(s). Refund checks will be mailed
in approximately four weeks.
(9)
Inclement weather/rain will not be reason for a refund of a park
reservation fee. If one must reschedule due to inclement weather conditions,
the deposit will be refunded or applied to your new request.
(10)
When renting a park facility, you are renting the shelter/pavilion
only. The rest of the park facilities are open to the general public.
(11)
Picnic tables, chairs, and other tables. Any chairs, tables,
and picnic tables that are moved must be returned to their original
location. Please remove tablecloths, tape, and all food from tables.
Do not use nails or staples on tables. Do not cook or cut on tables.
(12)
Tents. Staked tents are only allowed in the parks with permission
granted from the Director of Public Works who will help with the location
of the tent.
(13)
Setup. Setup is not allowed prior to the time stated on the
application. The Village of Brandon is not responsible for any supplies
or equipment brought in prior to the time stated on the agreement.
(14)
Nails, tacks, staples. Scotch tape, duct tape, thumbtacks, screws,
or similar fasteners are not to be used on any surfaces. Masking tape
is allowed. Rice and confetti are prohibited.
(15)
Cleanup. The park and associated facilities must be maintained
and restored to the same condition as when entered. All supplies,
equipment, tape, and decorations are to be removed by the time stated
on the application; turn off all lights and lock all windows and outside
doors.
(16)
All trash must be placed in the proper trash receptacles provided
by the Village.
(17)
Any rental party sponsoring an event which is expected to generate
large quantities of refuse must provide adequate trash containers
and shall be responsible for contracting refuse removal following
an event. Cleanup and removal of any refuse that results in additional
cost to the Village will be billed to the sponsoring organization.
(18)
Exits must be kept free of any obstructions.
(19)
The kitchen is solely a warming kitchen and cannot be used for
major meal preparation.
(20)
Glass beverage containers are prohibited. Please serve your
beverages in non-glass containers.
(21)
Rest rooms are open to the public. A reservation gives renters
exclusive use of specified shelters only.
(22)
Rental facilities are outside park shelters. The Village will
make every effort to prepare each park rental to a level of reasonable
cleanliness expected for an outside facility. Beyond this, it is the
responsibility of each renter to prepare the shelter to his or her
level of expectation.
(23)
Local law enforcement officers are advised of the shelter/pavilion
reservations and must be admitted while on patrol.
(24)
Picnickers will be responsible to pay for any and all damages
that occur to the shelter during rental time.
