Village of Monticello, WI Chapter 266 Parks and Recreation

[HISTORY: Adopted by the Village Board of the Village of Monticello as Title 12, Ch. 1, of the 1989 Code of Ordinances. Amendments noted where applicable.]

§ 266-1 Park regulations.

A. Purpose and definition. In order to protect the parks, parkways, recreational facilities and conservancy areas within the Village 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 any park.

(2) Sound devices. No person shall operate or play any amplifying system unless specific authority is first obtained from the Village Board.

(3) Pets. No person shall permit any dog, cat or other pet owned by him to run at large in any park.

(4) 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 signage as authorized by the Village Board.

(5) Throwing stones and missiles prohibited. No person shall throw stones or other missiles in or into any park.

(6) Removal of park equipment prohibited. No person shall remove benches, seats, tables or other park equipment from a park.

(7) Trapping. No person shall trap in any park unless specific written authority is first obtained from the Village Board.

(8) 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.

(9) Property 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.

(10) 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 Village authorization for shows, rides or exhibits and then only for the purpose of loading and unloading. No person shall operate any off-the-road vehicle, motorcycle, trail bike, all-terrain vehicle, truck or other motorized vehicle in any park, playground or other public ground where pathways or trails have been developed and/or designated for walking, hiking, jogging, running, bicycling, cross-country skiing, sledding or other pedestrian use. All motorized vehicles are limited to use of roadways specifically for their use and according to other restrictions in the Code of the Village of Monticello.

(11) Snowmobile. No person shall operate a snowmobile in a Village park except in designated areas.

(12) Speed limit. No person shall operate any vehicle in a Village park in excess of 15 mph unless otherwise posted.

(13) Glass beverage bottle in parks prohibited. No person shall bring into, carry onto or possess while in any public park glass bottles or glass beverage containers, including those containing or normally used for containing soda water, fermented malt beverages or alcohol.

(14) 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.

(15) Parking in parks. No person shall park any motor vehicle in any park in the Village except in a designated parking area.

(16) 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 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 the daylight hours. No person shall ride a horse which cannot be held under such control that it may be easily turned or stopped. No horse shall be ridden in a reckless manner. Pedestrians shall have the right-of-way when crossing a bridle path, and whenever groups of people are visible within 300 feet horses shall be ridden at slow gait.

(17) Removing tree protectors. No person shall remove any device for the protection of trees or shrubs.

(18) 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.

(19) Arrows. No person shall use or shoot any bow and arrow in any Village park, except in authorized areas.

(20) 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.

(21) Firearms; hunting. Possessing or discharging of any firearm or weapon of any kind is prohibited in all Village parks.

(22) Fish cleaning. Cleaning of fish in shelters, toilet facilities or picnic areas is prohibited in all Village parks.

(23) Controlled substances. Possessing, using or dispensing of a controlled substance in violation of the Uniform Controlled Substances Act is prohibited in all Village parks.

(24) Camping overnight. Camping is not permitted in any Village park.

(25) Utility installation and construction. Any private construction which may in any manner encroach upon or affect the parks and parkways shall be under the direction and jurisdiction of Village Board and no such installation, repair or construction shall commence without the written permission therefor from the Village Board. All public works, including construction and installation of power lines, hydrants, sewers and the like shall be commenced only after notice to the Village of the utility's intention so to do. Where practicable, such construction and installation shall be performed pursuant to recommendations by the Board.

§ 266-2 Radio-controlled model airplanes prohibited in parks.

No person shall fly a radio-controlled model airplane or helicopter in any park in the Village of Monticello, except in areas specifically designated and provided for such purpose.

§ 266-3 Turf protection on public property.

Except as authorized by the Village Board, no person shall dig into the turf of any Village owned property for any purposes whatsoever or remove any trees or flowers. Absent authorization by the Village Board, the use of metal detectors and digging for buried objects on Village property, except beaches where no vegetation is present, is prohibited.

§ 266-4 Park hours.

A. Park hours. Except for authorized events and subject to certain exceptions listed below, all Village parks shall be closed from 11:00 p.m. to 5:00 a.m. the following day, and it shall be unlawful to enter in or be upon any park or playground after the hour designated.

B. Swimming pool hours. Swimming is prohibited in the municipal swimming pool after posted closing times.

C. Exceptions to closing hours. A person driving through a park on a public road; however, stopping shall not be permitted within a park. The Village Board may modify closing hours for particular events.

D. Park closing and opening dates. The Village Board will have full authority to open and close any park, swimming area, recreational facility or area because of season, condition, construction or when, in the interest of public safety, it is deemed necessary.

§ 266-5 Ultralight aircraft regulated.

A. Definition. As used in this section, the following terms shall have the meanings indicated:

ULTRALIGHT AIRCRAFT, VEHICLE or HANG GLIDER

An unpowered or powered aircraft which is not subject to extensive regulation by the Federal Aviation Administration by virtue of its characteristics and which is defined as an ultralight vehicle by 14 CFR 103.1 and which is defined as an ultralight aircraft by § 114.195, Wis. Stats.

B. Regulations regarding use.

(1) No person shall operate any ultralight aircraft within the Village in such a manner or in such a location as to endanger or injure any person or property. No person shall operate an ultralight aircraft in the Village in violation of any applicable state and federal regulations and standards. No person shall cause an ultralight aircraft to land or to take off from any property without permission of the owner or occupant of said property, provided that an emergency landing may be made to prevent a catastrophe. In the case of landing or taking off from a Village public park or other Village property, the operator of such ultralight aircraft shall first obtain a permit from the Village Board. No fee shall be charged by the Village Board for such permit which may be issued for a period up to 30 days nor shall the Village Board sponsor such activity.

(2) Any person desiring to land or to take off from any property owned by the Village of Monticello, shall, prior to receiving a permit, procure evidence of insurance providing for not less than $500,000 of coverage for each occurrence for damage to property or personal injury. Evidence of such insurance shall include a certificate of insurance naming the Village of Monticello as an additional insured and said certificate shall be filed with the Village Clerk-Treasurer at the time the applicant seeks a permit.

§ 266-6 Reservation of park space.

A. Policy on reservation. The Village-owned park, park facilities, gazebo 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 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 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, park shelter or gazebo by written application filed with the Village Clerk-Treasurer for a permit for exclusive use of the same and by paying a permit fee as from time to time established by resolution of the Village Board and posted in the office of the Village Clerk. The Village Clerk-Treasurer shall issue permits for exclusive use of a portion of a park or park shelter, while the Village Board shall issue permits for the exclusive use of Village parks. Park facilities are reserved on a first-requested, first-reserved basis.

[Amended by Ord. No. 2013-1204]

C. Application. Applications shall be filed with the Village Clerk-Treasurer 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 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-Treasurer finds reasonably necessary to a fair determination as to whether a permit should be issued.

D. Deposit. All applicants for reservation of park space, gazebo or shelters for which a permit is required shall pay a deposit as established by resolution of the Village Board to pay for the Village's maintenance and cleanup expenses. The deposit shall be returned if cleanup or repair by the Village is not required.

E. Action on application. The Village Board or appropriate committee thereof shall act promptly 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 provision of the Code of the Village of Monticello.

(2) If the granting of the permit would conflict with another permit already granted or for which application is already pending.

(3) If the application does not contain the information required by Subsection C above.

(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.

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 exclusive use of the park or a park facility sponsored by the Village.

I. Permit revocation. The Village Board 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.

J. 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.

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 §§ 133-11 and 133-22 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.

§ 266-7 Lake Montesian regulations.

A. No person shall enter the waters of Lake Montesian for wading, bathing and swimming.

B. Boating regulations. No person shall at any time operate any motor boat on Lake Montesian. For purposes of this chapter, the term "motor boat" shall mean any boat propelled by any type of gasoline-powered motor or mechanical device. There is an exemption for a Village-approved boat for applying chemicals to the lake.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

C. Recreational equipment. Any small, nonmotorized vehicle or equipment primarily intended for leisure and recreational use, such as, but not limited to, canoes, kayaks, paddle boards, and small sailboats are allowed on Lake Montesian during park hours.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]