[HISTORY: Adopted by the Common Council of the City of Arcadia as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcohol beverages — See Ch. 140.
Animals — See Ch. 146.
Campgrounds — See Ch. 171.
Outdoor burning — See Ch. 214, Art. I.
Fireworks — See Ch. 217.
Peace and good order — See Ch. 284.
[Adopted 5-14-1992 by Ord. No. 167]
As used in this article, the following terms shall have the meanings indicated:
ALCOHOL BEVERAGES
Fermented malt beverages and intoxicating liquor.
AMPHITHEATER
The round or oval outdoor arena located in Memorial Park, together with the stage, sidewalks, ramps, and approaches thereunto belonging.
[Added 5-11-2006 by Ord. No. 167C]
ATV
Has the meaning given under Wis. Stats., § 340.01(2g).
[Added 2-5-2020 by Ord. No. 2020-1]
BROILER DAYS
The celebration or festival sponsored by the Arcadia Lions Club held on Friday evening, Saturday and Sunday of the Memorial Day weekend each year.
FERMENTED MALT BEVERAGES
Any beverage made by the alcohol fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar, containing 0.5% or more by alcohol by volume.
INTOXICATING LIQUOR
Any ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 0.5% or more of alcohol by volume, which are beverages, but does not include fermented malt beverages.
LIONS PAVILION
That fifty-foot by one-hundred-forty-foot building located in the approximate center of Memorial Park having a cornerstone dated 1991 which designates the structure as the "Lions Pavilion."
MEMORIAL PARK
The municipal park located in the City of Arcadia bounded on the north by the south line of Gavney Road, on the west by the east line of Trempealeau County Highway J, on the south by the north line of Reit Road and on the east by the west line of the real estate owned by the School District of Arcadia, Wisconsin.
PERSON
A natural person, sole proprietorship, partnership, corporation or association.
RECREATIONAL VEHICLE or RV
Shall have the meaning set forth in § 340.01(48r), Wis. Stats.
[Added 9-7-2011 by Ord. No. 167D]
SNOWMOBILE
Has the meaning given under Wis. Stats., § 340.01(58a).
[Added 2-5-2020 by Ord. No. 2020-1]
SOLDIERS WALK
That portion of Memorial Park contained within the following described line: commencing at the intersection of the east line of Trempealeau County Highway J and the south line of Gavney Road; thence east on the south line of Gavney Road to the intersection of said south line and the west line of the access road to the press box and concession stand located in Memorial Park; thence southerly on the west line of said access road to the end thereof; thence southerly in a straight line to the north corner of the Lions Pavilion; thence due west in a straight line to the intersection of this line and the north line of Reit Road; thence westerly along the north line of Reit Road to the intersection of said north line and the east line of Trempealeau County Highway J; thence northeasterly along the east line of Trempealeau County Highway J to the point of beginning and the end of the boundary line.
UTV
Has the meaning given under Wis. Stats., § 23.33(1)(ng).
[Added 2-5-2020 by Ord. No. 2020-1]
WINE
Products obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain 0.5% or more of alcohol by volume.
A. 
Use of the various portions of Memorial Park set out below shall be subject to the hours specified:
(1) 
The Soldiers Walk shall be open to the public from 6:00 a.m. to 11:00 p.m.
(2) 
The playground facilities, softball diamonds and volleyball courts shall be open to the public from 7:00 a.m. to 12:00 midnight.
(3) 
The press box and concession stand may be rented to the public from 7:00 a.m. to 12:00 midnight.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
The Lions Pavilion may be rented to the public from 7:00 a.m. to 1:00 a.m. except during Broiler Days when the Lions Pavilion may be rented from 7:00 a.m. to 2:00 a.m.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
Memorial Park shall be closed to the public from 2:00 a.m. to 6:00 a.m.
(6) 
Overnight recreational vehicle (RV) parking shall be permitted by the City of Arcadia.
[Added 9-7-2011 by Ord. No. 167D[3]]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(7) 
No other use of Memorial Park facilities is permitted for overnight recreational vehicle (RV) parking.
[Added 9-7-2011 by Ord. No. 167D]
B. 
Except pursuant to a permit issued under Subsection A(6), no person shall use Memorial Park or any of its facilities or be present therein during such time as Memorial Park or its facilities are closed to public use.
[Amended 9-7-2011 by Ord. No. 167D]
[Amended 6-8-1992 by Ord. No. 167A]
A. 
No person shall bring into or possess any alcohol beverages or wine in Soldiers Walk.
B. 
During Broiler Days no person other than the Arcadia Lions Club, Inc., shall bring into Memorial Park any alcohol beverages or wine. During Broiler Days no person shall possess any alcohol beverages or wine in Memorial Park except for persons who have purchased the alcohol beverages or wine in their possession from Arcadia Lions Club concession stands located in Memorial Park. Notwithstanding anything contained herein to the contrary, the possession or sale of alcohol beverages or wine in Soldiers Walk is prohibited.
No person shall do or cause to be done by others to any shrubs or trees located in Memorial Park any of the following acts:
A. 
Secure, attach, fasten or run through any rope, cable, wire, sign or fixture to, around or through a shrub or tree.
B. 
Break, injure, mutilate, deface, kill or destroy any shrub or tree or part thereof or permit any fire to burn where it will injure any shrub or tree.
C. 
Permit any toxic chemical, gas, smoke, salt brine, oil, or other injurious substance to seep, drain or be sprayed or emptied upon or about any shrub or tree.
D. 
Remove any guard, stake or other device or other material intended for the protection of a shrub or tree or close or obstruct any open space about the base of a shrub or tree designed to permit access of air, water and fertilizer.
No person shall deface, injure, damage or destroy any public property located in Memorial Park.
[Amended 9-7-2011 by Ord. No. 167D]
No person shall park, stop or leave standing any vehicle, for any purpose, in Memorial Park, except pursuant to a permit issued under § 280-2A(6) and except in designated parking areas.
[Added 5-11-2006 by Ord. No. 167C; amended 2-5-2020 by Ord. No. 2020-1]
A. 
No person shall ride a bicycle, skateboard, motorized or unmotorized scooter, or in-line or conventional roller skates in or on the amphitheater.
B. 
No person shall operate or cause to be operated an ATV, UTV, or snowmobile within Memorial Park except on trails designated for such purpose by the Mayor or his or her designee. Citations issued under this subsection shall be issued to the registered owner of the vehicle unless the vehicle is not registered with the State of Wisconsin. If an ATV, UTV, or snowmobile is unregistered, the operator of the vehicle shall be issued a citation for any violation of this subsection.
[Amended 2-11-1999 by Ord. No. 167B; 5-11-2006 by Ord. No. 167C; 7-17-2017 by Ord. No. 223]
A. 
The penalty for a violation of § 280-2 hereof shall be a forfeiture of $50.
B. 
The penalty for a violation of § 280-3 hereof shall be a forfeiture of $50.
C. 
Damage to shrubs and trees. The penalty for a violation of § 280-4 hereof shall be a forfeiture as set out below:
(1) 
For damage or destruction of any shrub or tree, the diameter of which is less than one inch, the forfeiture shall be $100.
(2) 
For damage or destruction of any shrub or tree, the diameter of which is one inch to 2 1/2 inches, the forfeiture shall be $250.
(3) 
For damage or destruction of any shrub or tree, the diameter of which is more than 2 1/2 inches, the forfeiture shall be $500.
D. 
The penalty for a violation of § 280-5 hereof shall be a forfeiture of $1,000.
E. 
The penalty for a violation of § 280-6 hereof shall be a forfeiture of $15 together with court costs as provided in § 22-10 of this Code.
F. 
The penalty for a violation of § 280-7 hereof shall be a forfeiture of $15 together with court costs as provided in § 22-10 of this Code.
G. 
In addition to the foregoing, the cost of the repair or replacement of any damaged or destroyed shrubs or trees or any defaced, injured, damaged, or destroyed public property shall be assessed as an additional penalty.
H. 
In addition to the forfeitures prescribed in this section, a violation of §§ 280-1 through 280-5 shall be subject to the corresponding penalty assessment imposed by § 757.05, Wis. Stats., the jail assessment imposed by § 302.46(1), Wis. Stats., the crime lab and drug law enforcement assessment imposed by § 165.755, Wis. Stats., and court costs as provided in § 22-10 of this Code. In the event the state enacts legislation which requires the imposition of additional assessments in municipal court actions, this subsection shall be automatically amended to include the assessment enacted by the state and shall take effect upon passage of the state legislation without further action of the Common Council.