[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[1]]
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.
[1]
Editor's Note: This ordinance also repealed the former definition of "library," added 12-19-1983 by HB No. 15-83, which immediately preceded this definition.
[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[Repealed and Reenacted on 2-16-1999 by HB 99-02; amended 6-4-2018 by HO 2018-03; 7-19-2021 by Ord.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.