[HISTORY: Adopted by the Village Board of the Village of
Footville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-15-2015 by Ord. No. 2015-402]
A.
The Footville Community Park shall be closed between the hours of
10:00 p.m. and 6:00 a.m. daily. If sanctioned ball leagues, community
celebrations or any other Village Board approved activity last longer
than 10:00 p.m., the Footville Community Park shall be closed immediately
following the conclusion of such activity.
B.
It shall be unlawful for anyone to be upon or enter into the Footville
Community Park premises during the hours the park is closed, 10:00
p.m. to 6:00 a.m. daily, unless the closing hour is extended by sanctioned
ball leagues, community celebrations or any other Village Board-approved
activity, in which case, the closing hour is immediately following
the conclusion of such activity.
C.
During the hours the Footville Community Park is open, it shall be
unlawful for anyone to operate a motor vehicle in the park except
upon established roadway not specifically designated for vehicular
traffic.
Snowmobiles and all-terrain vehicles are prohibited from entry
into the Footville Community Park at all times. Snowmobiles are defined
in § 340.01(58a), Wis. Stats. All-terrain vehicles are defined
in § 340.01(2g), Wis. Stats.
A.
Any provision of this Municipal Code to the contrary notwithstanding,
the possession and consumption of fermented malt beverages and wine
(permitted alcohol) is permitted but only in the pavilion of the Footville
Community Park and within 10 feet of the perimeter of the pavilion
(the pavilion and such surrounding area being referred to in this
article as the "pavilion") and only in strict compliance with this
article.
B.
Only those persons of lawful drinking age, and underage persons pursuant to Subsection E, below, may possess or consume permitted alcohol within the pavilion.
C.
The sponsor or organizer of the event at which permitted alcohol will be consumed, who shall be of lawful drinking age, shall apply for and obtain a park beer and wine permit prior to the event and shall pay the fee therefor as prescribed from time to time by the Village Board. In addition to the amount of the fee, the applicant for the permit shall deposit an additional amount, to be determined by the Village Board, as security for adequate cleanup of the park after the event. If the cleanup is determined by the Village to be adequate, the amount of the deposit shall be refunded to the permit holder. If Village personnel are required to remove litter resulting from the event as referred to in Subsection I, below, the amount of the deposit will be retained by the Village and will be deducted from the total cost of the removal charged to the permit holder. The permit shall be issued by the Village Clerk or designee.
D.
The permit shall authorize the permit holder and each member of the
permit holder's event who is of lawful drinking age or otherwise
permitted by law to possess and/or consume alcohol to lawfully possess
and consume permitted alcohol only within the pavilion.
E.
"Member of the Permit Holder's Event" is defined to include
each person of lawful drinking age who, in the discretion of the permit
holder, is a good faith guest, invitee or participant in the event
and such underage persons as are accompanied by a parent or guardian
who is a member of the permit holder's event and who consents
to the possession and/or consumption of permitted alcohol by the underage
person. No underage person shall transport any alcohol to or from
the pavilion.
F.
The permit holder shall be present within the pavilion at all times
when permitted alcohol is being possessed or consumed within the pavilion.
G.
The permit holder and every member of the permit holder's event
shall abide by each and every provision of this article and all other
provisions of the Municipal Code and of the Wisconsin Statutes.
H.
In addition to individual violators, the permit holder shall be vicariously
liable and responsible for any and all violations of this article,
state law, and other provisions of the Municipal Code and may be prosecuted
and held subject to the penalties for said violations concurrently,
jointly, or severally with individual violators.
I.
No member of the permit holder's event shall leave or permit
the leaving behind of any litter, including any alcohol container,
within the pavilion or elsewhere within the Footville Community Park
after the event for which the permit is issued unless placed in an
appropriate trash or recycling container. Any such litter which has
not been removed from the park within 24 hours after the conclusion
of the event shall be removed by Village personnel and the cost of
such removal shall be charged to and paid promptly by the permit holder.
Such cost shall be calculated based upon the hourly rates paid by
the Village to the Village personnel providing the removal. In addition
to payment of the cost of such removal, the permit holder and any
other person responsible for producing the litter may be subject to
prosecution under any Village ordinance prohibiting littering or similar
activity.
J.
No person shall transport to, or possess or consume within, the park
or the pavilion any permitted alcohol in a bottle or other container
made of glass.
K.
Possession and consumption of permitted alcohol pursuant to this
article is prohibited after 10:00 p.m. next after the time when the
event for which a permit is issued begins, unless a different time
is authorized by the Village Board and specified in the permit.
L.
No person may sell any permitted alcohol within the pavilion at any
time. This prohibition includes any caterer, food or beverage provider,
independent contractor, or other person directly or indirectly retained
by, contracted with, or hired by the permit holder.
M.
A park beer and wine permit is not transferable.
N.
The Village Board hereby expressly reserves to itself the right to
limit or otherwise amend, at any time, any park beer and wine permit
issued pursuant to this article after public hearing and public action
thereon in open session, the public welfare and good so requiring.
Notice of any such public hearing may be given solely by including
a reference thereto in the agenda for the meeting at which the hearing
will be held, in compliance with the Open Meetings Law.[1]
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis.
Stats.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
Violations of this article shall be subject to the penalties provided in § 1-4, Penalties.
