[HISTORY: Adopted by the Common Council of the City of Muskego as indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
As used in these rules and regulations, the following terms, phrases, words and their derivations, unless the text clearly indicates to the contrary, shall have the meaning indicated herein:
- The City of Muskego, Waukesha County, Wisconsin.
- The Parks and Conservation Committee of the City of Muskego, Wisconsin.
- The Public Works and Development Department, including the Parks and Recreation Division, of the City of Muskego, Wisconsin.
- The Director of the Public Works and Development Department of the City of Muskego, Wisconsin, who is immediately in charge of the maintenance or recreational use of any park, parkway, or recreation facility within the City, to whom all employees of the Public Works and Development Department, including the Parks and Recreation Division, are responsible.
- A park, parkway, recreation facility, playground, beach or open space area, owned or used by the City, devoted to passive or active leisure time activities.
- Any form of approval given in writing, verbally, or through a permit application form by the Director or designee.
- RECREATION FACILITY
- A building, owned or used by the City, devoted to passive or active leisure time activities.
Reference to any one park, parkway, recreation facility or area shall include all.
All persons within the limits of and/or using a park or recreation facility within the City of Muskego are subject to the following rules and regulations:
Advertising. Advertising shall not be permitted in any manner unless authorized by the Director or designee, in writing or in concessionaire contracts for goods sold on the premises.
Amplification systems. Public address or other amplification devices may be used only by special permit obtainable from the Director or designee.
Animals. All domestic animals are prohibited in said areas except when approved by the Director or designee.
The Committee has designated the Muskego Recreation Trail (Wisconsin Electric Power Company right-of-way) as an area allowing dogs. Conditions where dogs are allowed include the following:
This subsection shall not apply to service animals as defined in § 106.52(1)(fm), Wis. Stats.
No intoxicating liquor shall be sold, stored or consumed in any park, parkway, recreation facility, athletic field, or playground apparatus area at any time with the exception of wine addressed in Subsection A(4)(b).
No wine as defined in § 125.02(22), Wis. Stats., shall be stored or consumed in any park, parkway, recreation facility, athletic field, or playground apparatus area at any time, with the exception of the Old Town Hall with prior consent of the Director or designee, or unless the Common Council has authorized the issuance of a temporary "Class B" wine (picnic) license for the sale of wine.
No fermented malt beverage (beer and wine coolers with a fermented malt base) may be consumed on any athletic field or playground or playground apparatus at any time.
No fermented malt beverage (beer and wine coolers with a fermented malt base) may be consumed in any park, parkway, or recreation facility without prior consent of the Director or designee through a permit.
No fermented malt beverage (beer and wine coolers with a fermented malt base) may be sold in any park, parkway, or recreation facility unless the Common Council has authorized the issuance of a temporary Class "B" fermented malt beverage license.
Begging or soliciting. It shall be unlawful to beg or solicit within any park or recreation area.
Cleats. Cleats or spikes on shoes are prohibited except in those specially designed athletic areas where program rules specifically permit their use.
Fires. Fires are permitted only in enclosed fireplace or grills provided for this purpose. Fire(s) shall be extinguished before leaving any park or recreation area of the City. All unburned coals or ash shall be disposed of in such manner as to prevent fire or damage to any park property.
Flying objects. It shall be unlawful to throw, strike, propel or otherwise operate flying or propelled objects of a potentially dangerous nature, including by way of example, without limitations, such things as model airplanes, drones, rockets, horseshoes, arrows, golf balls, or rocks, except in areas designated for such use or part of an authorized sport or recreational activity or by a written permit of the Director or designee.
Hours. Parks shall normally be open daily from 5:00 a.m. until 10:00 p.m. and normally be closed from 10:00 p.m. to 5:00 a.m., except for activities and events sponsored by the Department or authorized by permission of the Director or designee, and except for the purpose of using the boat launch to launch or remove a watercraft. Any park or recreation facility may be declared closed to the public by the Director or designee at any time for any interval of time, with temporary or stated intervals as the Director or designee shall find reasonably necessary. It shall be unlawful to go upon an area or part of any park or recreation facility of the City when it has been declared to be closed to the public by the Director or designee.
Hunting and firearms.
It shall be unlawful in any park to hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description or air rifles, spring guns, bows and arrows, slings, or any other forms of weapons potentially harmful to wildlife and dangerous to human safety, or any instruments that can be loaded with and fire blank cartridges, or any kind of trapping device, unless the activity is approved by the Director or designee through offered activities and park amenities. Shooting into park areas from beyond park boundaries is prohibited.
This subsection shall not supersede concealed carry law as provided in § 175.60, Wis. Stats. Hunting and trapping shall be allowed on certain City-owned lands in accordance with Wisconsin Department of Natural Resources regulations and City policies where approved separately by Common Council resolution.
The Director or designee is hereby authorized to issue permits relating to any use or accommodation of any park or recreation facility of the City with the exception of major events that consume the majority of a park. Conditions through an agreement will be recommended by the Committee to the Common Council for approval. The Director or designee shall have the power and authority to cancel any permit for violation of the requirements of the permit and violation of any of the rules and regulations set forth therein.
It shall, under the rules and regulation set forth in this article, be unlawful to disturb or interfere unreasonably with any person or party occupying any areas or participating in any activity under the authority of a permit.
Sales. It shall be unlawful to sell, or offer for sale, food and/or refreshment, souvenirs, or any other merchandise unless approval and vender permits/licenses are obtained from the Director or designee.
The Common Council may from time to time establish areas on City-owned property upon which fishing is prohibited; said areas shall be clearly marked by signs indicating that fishing is prohibited.
It shall be unlawful to dig or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs, or plants, down timber, or other wood or materials, or make any excavation by tool, equipment blasting, or other means.
It shall be unlawful to damage, cut, carve, transplant, or remove any tree or plant, or injure the bark or pick the flowers or seeds of any tree or plant, nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not mow, dig in, or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.
It shall be unlawful to throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay, or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
It shall be unlawful to have brought into, dump, deposit, or leave any bottles, broken glass, ashes, or other trash not related to park use. Park use trash shall not be placed or left anywhere on the grounds thereof, but shall be placed or left in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
It shall be unlawful to construct, erect, or store any building, tent, or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such park lands, except on special written permit issued by the Department.
It shall be unlawful to willfully mark, deface, disfigure, injure, tamper with, displace, or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities, or park property or appurtenances whatsoever, either real or personal.
Geocache. Small geocache items can be placed in parks with the location approved by the Director or designee, as long as they are located away from active use park areas, away from roads, accessible to parking, placed above ground so no soil disturbance occurs, and activities occur only during park hours.
The Director or designee shall enforce all rules and regulations pertaining to activities upon any athletic field in any park or recreation area under the jurisdiction of the City. The Director shall have the power to issue rules and regulations governing such athletic fields, and copies of such rules and regulations shall be on file with the Department.
All teams or individuals shall relinquish play on any athletic field to any individuals or teams to whom or to which a permit/approval for use of such facility has been issued by the Director or designee.
The Director or designee may restrict or remove any player, players, teams or leagues from all public fields for a specified time for violations of rules and regulations set forth in this article or issued by the Director under the authority of this article.
The Director or designee shall have the authority to close any or all public fields or play areas under the jurisdiction of the City when use of such area shall create maintenance problems as a result of weather or other conditions.
Equestrian activities. Horseback riding shall not be permitted in any park. The Director and designee, or the Common Council, may designate trails or other authorized areas within parks where horseback riding is permitted.
Picnic areas and use.
All picnics shall be restricted to those areas designated for that purpose. The Director or designee shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use or to comply with any direction given to achieve this end.
It shall be unlawful to use any portion of the picnic areas or of any building or structures therein for the purpose of holding picnics to the exclusion of other persons, except by permit; nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded.
Recreation centers and buildings. The Director or designee may restrict hours, days, and weeks of use of any recreation center or building, and the Director or designee may restrict or remove any user, individual, or group for violation of any rules and regulations per policy.
It shall be unlawful for any person operating a vehicle in any park or recreation area of the City to fail or refuse to obey all traffic signs or other traffic control devices regulating the operation, stopping or parking of vehicles. It shall be unlawful for other than authorized personnel to park or drive on lawns, fields, paved or unpaved trails, or any other places other than upon roadways and parking areas clearly constructed and established for such purposes within the parks, parkways, or other recreation facilities in the City. Laws pertaining to the provisions as outlined in the state motor vehicle traffic laws in regard to equipment and operation of vehicles are applicable, except that pedestrians shall have the right-of-way over vehicles in park areas.
The speed limit for vehicles in any park, parkway or recreation facility shall be 15 miles per hour.
Vehicles shall be parked only in designed parking areas. Parking shall not be permitted in any areas closed by the Director or designee. It shall be unlawful to park in areas designated by sign for emergency vehicle use only. Parking is only allowed by users of park facilities and during hours of park operation. Parking after hours of park operation is allowed only by permit issued by the Director or designee.
Washing or servicing of vehicles in any park or recreation area in the City is prohibited.
All bicycle riders shall obey traffic signs and laws regulating the operation, stopping, or parking of vehicles. Bicycle riding within a park or recreation facility is only permitted on trails. No bicycle will be allowed on any park, trail, or road after sunset and before sunrise without an attached headlight plainly visible at least 500 feet in front of the bicycle and without a red reflector plainly visible from all distances from 50 to 500 feet to the rear of the bicycle, as required by § 347.489(1), Wis. Stats. A lamp emitting a steady or flashing red light visible from a distance of 500 feet to the rear may be used in lieu of the red reflector. Bicycle riding shall be governed further by safe riding practices and consideration for the use of park and recreation areas, trails, and pathways by others.
Sledding is permissible within any park or recreation facility except in such areas where sleds would coast across vehicle roadways.
It shall be unlawful to use snowmobiles on park lands or recreation facilities except in those areas specifically designated by the Director, with approval from the Committee.
The Director or designee shall, in connection with the duties of the Director imposed by law, diligently enforce the provisions of this article. Furthermore, the Director or designee shall have the authority to eject from any park, parkway or recreation facility any person acting in violation of this article.
Any person who shall violate any provisions of this article or any order, rule or regulation made herewith shall be subject to a penalty as provided in § 1-4 of this Code.