[HISTORY: Adopted by the Mayor and Council of the City of
Hyattsville 12-1-1969. Amendments
noted where applicable.]
For the purposes of this chapter, the following words and terms
shall have the meanings respectively ascribed to them by this section:
PARKS
All property owned, leased or operated by the City for park,
playground or recreational purposes and shall include all the property
described in the deed from William P. Magruder and wife, dated April
11, 1927, as the same is recorded in Liber 279 at Folio 447 in the
land records of prince George's County, Maryland; the property described
in the deed from Hillary T. Willis and Annie E. Willis, dated June
13. 1944, as the same is recorded in Liber J.W.B. No. 8 at Folio 455
in the land records of Prince George's County; and the property described
in the deed from the Maryland-National Capital Park and Planning Commission,
dated August 27, 1946, as the same is recorded in Liber 603 at Folio
26 in the land records of Prince George's County, Maryland, which
is collectively known as the "David C. Driskell Community Park."
[Amended 7-19-2021 by Ord. No. 2021-04]
PUBLIC PROPERTY
All buildings, fountains, public conveniences or other improvements
to the parks and all equipment used for the recreational activity
and for the increase of the enjoyment of the parks, whether the same
may have been purchased, acquired or owned by the City, as well as
any property donated by any individual, group of individuals, firm
or corporation to the City for use in the parks and for recreational
activity and enjoyment of such parks.
VEHICLE
All conveyances, whether drawn by horse or other beast of
burden, bicycles or any motor vehicle or conveyance propelled by machinery,
whether gasoline, steam or electricity.
[Amended 6-4-2018 by
HO 2018-03]
All police officers of the City and all County Police, State
Police, Sheriffs and Deputy Sheriffs having police authority in the
City shall have police authority throughout the parks and may enter
parks at any time for the purpose of maintaining peace and order,
enforcing the provisions of this chapter and for other police purposes
and may arrest and remove from parks any person violating the provisions
of this chapter or any other Ordinance or law applicable to the City.
[Repealed and Reenacted on 2-16-1999 by HB 99-02; amended 6-4-2018 by HO 2018-03; 7-19-2021 by Ord. No. 2021-04]
A. For the purpose of this chapter, the City Administrator or his or
her designee shall be responsible for submitting a plan designating
permitted uses and areas of such permitted uses in David C. Driskell
Community Park to the City Council. The City Council shall approve
the plan, subject to any modifications or changes deemed necessary
and proper by the City Council.
B. From time to time, as deemed necessary, changes to designated uses
and areas of such uses incorporated in the plan may be initiated by
the City Administrator or his or her designee and submitted to the
City Council in the form of a resolution for the Council's approval.
C. A listing of uses and the designated areas of uses for David C. Driskell
Community Park, as set forth in the plan shall be maintained by the
City Clerk and shall be made available to the public upon request.
D. Set aside for the availability of use of the fields of David C. Driskell
Community Park will be extended in order of priority as defined below.
First priority for use of available fields shall be given to the City
of Hyattsville for City use and activities. All other organizations
can obtain permits for field time, if at the time requested fields
are available for use and, at the sole determination of the City Administrator
or his or her designee, they will not be damaged from overuse.
[Amended 9-21-1987 by
No. 9-87 and 4-19-1993 by HB No.
2-93, 6-4-2018 by HO 2018-03]
A. The right to use parks for the purpose of recreation is hereby reserved
for the residents of the City, provided that the parks may be used
by persons not residing in the City when no permit for a particular
area has been issued for the use thereof to a resident so long as
the hours for which the use is desired do not conflict with permits
issued.
B. Fees charged for the use of the pavilion area within David C. Driskell
Community Park shall be set by resolution of the City Council who
may exempt charitable or nonprofit organizations from this fee.
[Amended 7-19-2021 by Ord. No. 2021-04]
[Amended 9-20-1971; 3-3-1975, 6-4-2018 by HO 2018-03]
A. The parks shall be open for general use by the public during the
hours posted at each park, except where the use of any part thereof
has been granted to a person or group of persons pursuant to a permit
issued therefor by the Director of Community Services.
[Amended 12-19-1983 by
HB No. 15-83, 6-4-2018 by HO 2018-03]
B. The City Administrator or his or her designee shall establish the
hours during which each park is open to the public for general use,
which may vary between parks, but in no case shall the hours be earlier
than 5:00 a.m. or later than 11:00 p.m.
C. The hours during which each park is open for public use shall be
posted in a conspicuous place at or near one or more entrances to
the park or in another reasonable place where posting near an entrance
is not feasible or impractical.
D. It shall be unlawful for any person to enter or remain within the
parks outside of the hours of the posted hours without a permit to
do so.
[Amended 12-19-1983 by
HB No. 15-83]
[Amended 3-3-1975, 6-4-2018 by HO 2018-03]
Permits for recreational facilities including sports fields
and picnic pavilions shall be issued in accordance with an administrative
policy determined by the City Administrator of his or her designee.
The City Administrator or his or her designee may issue administrative
policies regulating the use of parks for baseball or softball.
No vehicle shall be driven or operated in the parks except upon
the roads therein provided for vehicular traffic, and no vehicle shall
be operated over such roadways at a greater rate of speed than 15
miles per hour. No vehicle shall be parked or left standing in the
parks except in the areas set aside in the parks for parking purposes.
Whenever the area set aside for parking is filled so as not to permit
the parking of additional vehicles, such vehicles shall be taken from
the parks.
[Amended 3-3-1975]
In any park, any person who shall cause any unnecessary damage
to City property or shall engage in any boisterous conduct or use
any vulgar or profane language or be disorderly in any manner or who
shall fail to exhibit a permit for the use of a particular area in
a park whenever requested shall be subject to immediate removal from
the park. Any person or group of persons who shall so conduct himself
or themselves as to warrant immediate removal from the park shall
not be entitled to a permit to use any part of the parks at any time
in the future, and, if permits have already been issued for future
use of the parks by such person or group of persons, the same shall
be revoked without notice by the Director of Community Services.
Spectators at games in the parks shall stay off the diamonds
or areas in which the game in question is in progress and shall not
interfere with the rights of any permit holder.
No person shall sell of offer for sale for personal gain any
article or merchandise whatsoever within the parks; provided, however,
that the City Council may, by concession, sell the right or privilege
to sell merchandise in the parks under such terms and upon such conditions
as the City Council may fix.
No collections, contributions or solicitations for personal
gain shall be permitted in the parks.
[Amended 7-19-2021 by Ord. No. 2021-04]
It shall be unlawful for any person to wash, polish, wax, or
in any way work upon any automobile or other vehicle within the confines
of any park or on Fortieth Avenue bordering on David C. Driskell Community
Park.
The carrying of firearms or any other dangerous weapon in the
parks is prohibited, except by duly authorized police.
No person shall ignite any fire at any place in the parks except
in the fireplaces provided for that purpose, and such fires shall
be extinguished by the persons lighting the same before leaving the
park in question.
[Amended 6-4-2018 by
HO 2018-03]
No child less than six years old shall be permitted in the parks
unless accompanied by a parent or some responsible person.
No dogs or domestic pets shall be permitted to run at large
in the parks.
[Amended 3-3-1975]
No whiskey, beer, wine, spirituous or malt liquor or any intoxicating
drink of any kind shall be kept, carried or consumed at any time within
the confines of the parks except by special permit.
[Added 10-20-1975]
No glass beverage containers shall be kept, carried or used
at any time within the confines of the parks.
[Added 11-3-1980 by HB
No. 21-80; amended 8-2-1982 by
HB No. 14-82, 6-4-2018 by HO 2018-03]
Violations of §§
84-13 and
84-17 of this chapter shall be punishable as a misdemeanor. All other violations of this chapter, with the exception of §
84-7, shall be punishable as a municipal infraction as provided in Chapter
20 of this Code. The fine for any single initial violation shall be $20, and the fine for each repeat of that offense shall be $40.