[HISTORY: Adopted by the Village Board of the Village of
Fredonia as Title 12, Ch. 1, of the 1995 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
Fredonia 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 or conservancy district in the Village.
B.
Specific regulations.
(1)
Littering prohibited. No person shall litter, dump or deposit any
rubbish, refuse, earth or other material in the park.
(2)
Sound devices. No person shall operate or play any amplifying system
unless specific authority is first obtained from the Park Committee.
(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 any park, except park regulations
and other signs authorized by the Director of Public Works.
(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.
(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 within the Village
limits of the Village of Fredonia.
(7)
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.
(8)
Protection of park property. 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.
(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
vehicle of any nature may be used on the seeded areas except vehicles
which have Village 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.
(12)
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 alcohol.
(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)
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 Director of Public Works 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.
(16)
Removing tree protectors. No person shall remove any device
for the protection of trees or shrubs.
(17)
Golfing and sporting activities. No golfing or practicing golf
in Village 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.
(18)
Arrows. No person shall use or shoot any bow and arrow in any
Village park, except in authorized areas.
(19)
Fees and charges. The Village Board 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.
(20)
Firearms; hunting. Possessing or discharging of any 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.
(22)
Controlled substances. Possessing, using or dispensing of a
controlled substance in violation of the Uniform Controlled Substances
Act, Ch. 961, Wis. Stats., is prohibited in all Village parks.
It shall be unlawful for any person to fly, operate or make
use of any remote- or radio-controlled airborne 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.
Except as authorized by the Director of Public Works, 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 Director of Public Works, the use of metal
detectors and digging for buried objects on Village parks or recreational
property, except beaches where no vegetation is present, is prohibited.
A.
Park hours. All Village parks shall be closed from 9:00 p.m. to 6:00
a.m. the following day, except for Village-authorized activities.
B.
Park closing and opening dates. The Village Marshal, Director of
Public Works, Fire Chief, Park Committee, or Village Board 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.
A.
Policy on reservation. The Village-owned park and park facilities
and shelter areas are primarily for the nonexclusive use of the residents
and visitors of the Village. However, under proper circumstances,
exclusive use of the same or part 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 Village 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 a permit for exclusive use of the same. The Village Clerk shall
issue permits for exclusive use of a portion of a park or park shelter,
while the Village Board shall issue permits for exclusive use of Village
parks. Park facilities are reserved on a first-requested, first-reserved
basis.
[Amended 11-17-2022 by Ord. No. 2022-6]
C.
Application. Applications shall be filed with the Village Clerk 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:
[Amended 11-17-2022 by Ord. No. 2022-6]
(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 the 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 the said park, area, or
facility.
(6)
Any additional information which the Village Board or Village Clerk
finds reasonably necessary to a fair determination as to whether a
permit should be issued.
D.
Deposit. All applicants for reservation of park space or shelters
for which a permit is required shall pay a nonrefundable reservation
fee for the Village's maintenance and cleanup expenses. The daily
reservation fee shall be in accordance with the Village's current
Schedule of Fees.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[1]
Editor's Note: The Schedule of Fees is on file in the Village
office.
E.
Action on application. The Village Board shall act on all applications
for permits for exclusive park use (not shelter use) after consulting
with the applicant, if necessary.
F.
Reasons for denial. Applicants 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 provisions 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 park or park facility at a date and time when,
in addition to the proposed use, anticipated nonexclusive use by others
of the 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.
G.
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, running 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.
H.
Permit not required for Village activity. A permit is not required
for the exclusive use of the park or park facility sponsored by the
Village.
I.
Permit revocation. The Village Board, Park Committee, Director of
Public Works and/or Village Marshal, 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.
J.
Form of permit. Each permit shall be in a form prescribed by the
Village 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 and person, group, firm, organization, partnership
or corporation to which the permit is issued.
K.
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 §§ 339-11 and 347-1 shall be fully complied with. Said license must be held by the person who filed the original license and shall be presented to any law enforcement officer upon request.
L.
Care of facilities. Persons reserving Village facilities shall be
completely responsible for cleaning up the facilities after the event
to the satisfaction of Village officials. Inadequate cleaning shall
result in the permit holders being billed for such cleanup costs and/or
nonrefund of deposit.
