[HISTORY: Adopted by the Village Board of the Village of Elm Grove 7-11-1955; as amended through 5-14-1990. Subsequent amendments noted where applicable.]
Except in emergencies, the Village parks shall be open to the public every day of the year during hours designated by a resolution of the Village Board of Trustees. The opening and closing hours for any Village park shall be posted therein for public information. No one shall enter or be in any Village park during the hours when closed.
Any Village park or part thereof may be declared opened or closed to the public by the Village Board of Trustees at any time for any interval of time, either temporarily or at regular and stated intervals, daily or otherwise, and either entirely or merely to certain uses, as the Village Board of Trustees shall find reasonably necessary.
[Added 12-11-2000; amended 2-12-2001; 11-22-2005]
Dogs used by a disabled person to assist him/her in his/her activities and any police canine performing a law enforcement function are allowed in Village parks.
All other dogs are allowed in Village parks with the following restrictions:
Dogs are allowed in parks if they are on a leash, no longer than six feet in length, at all times and held by a person of sufficient size and strength to restrain the dog.
Dogs are restricted to pathways on the perimeter of the parks and pond and are not allowed in playground areas, the pool area, sand volleyball courts, soccer fields, softball fields, and/or hard and clay courts.
Dog owners must maintain effective verbal control of their dogs. Dogs that show aggression toward people or other dogs must be removed immediately. The owner is personally liable for any damages or injury the dog inflicts or receives.
Owners must clean up after their dog.
Dogs must wear a collar with identification at all times, be licensed and vaccinated, healthy (have no contagious conditions or diseases), and be parasite free.
Dogs in heat shall not be allowed in the park.
Dogs shall not chase or disturb wildlife.
The Village of Elm Grove hereby determines that, as it is necessary to protect the health, safety and welfare of persons and property within the Village of Elm Grove, use of any park facility shall be regulated. "Park facility" is defined as land, area, structure, equipment or feature of or within a Village park.
A permit shall be obtained from the Village Clerk in order to reserve any park facility for personal, business, or nonprofit use.
No person shall allow or conduct a for-profit activity within any park facility unless a permit has first been obtained.
Applications for for-profit use of any park facility permits shall be made to the Village Clerk, on forms provided by the Village of Elm Grove, and shall include at a minimum all of the following information:
The name, address and telephone number of the applicant;
The names, addresses and telephone numbers of all of the partners, if the applicant is a partnership; the names, addresses and telephone numbers of all of the officers and directors, if the applicant is a corporation; or members if the applicant is a limited-liability company;
The location at which the for-profit use is to be conducted;
Details related to the nature of the for-profit use, including:
Amplified noise, if permitted, shall not commence prior to 7:30 a.m. any day of the week and must terminate at 9:00 p.m. if the for-profit use is held Sunday through Thursday and at 11:00 p.m. if the for-profit use is held on a Friday, Saturday or holiday weekend.
Whether or not alcoholic beverages will be served;
The anticipated number of for-profit use attendees/participants;
Hours and/or days of the for-profit use;
An activity site plan for the for-profit use of park facilities;
The Village Manager, in consultation with Village department heads, may include specific conditions which require cleanup and/or damage repair of public and private property in the vicinity of the location of the for-profit use that may be damaged or require cleanup. A cash deposit, to be determined by resolution by the Village Board of Trustees from time to time, may be required as a condition to assure such cleanup and/or damage repair is satisfactorily accomplished within 24 hours of the end of the event. Said deposit shall be used by the Village to offset any costs which it may incur in completing the cleanup and/or damage repair and the balance of the deposit, if any, should be refunded upon final inspection. In the event insufficient funds are available to offset costs, the Village reserves the right to seek reimbursement through any means available to the Village. There will be no reissuance or new issuance of for-profit use permits to the applicant or his or her organization until such reimbursements are made;
A contact person who will be available at all times during the for-profit use and that person's cell phone number which must be accessible throughout the for-profit use;
The Village Manager may require that the applicant deliver notice to property owners within a five-hundred-foot radius of the for-profit use site at least three weeks prior to the proposed activity and at least one week prior to review of the proposal by the Recreation Committee (property owner list to be provided by the Village); the applicant must provide evidence of mailing, such as an affidavit, and a copy of the notice to the Village Clerk;
Proof of insurance, subject to Village Manager approval, based on potential degree of risks posed by the for-profit use based on factors set forth in the application;
Such other information as may be required to process the application.
Completed applications shall be submitted to the Village Clerk at least 60 days prior to the scheduled date of the for-profit use.
Upon receipt of a completed for-profit use permit application, the Village Clerk shall refer said application to the Recreation Committee for review.
The Village Manager may instruct all potentially affected Village departments to review the completed for-profit use permit application and provide a report with recommendations concerning all phases of the proposed activity;
Should the application be deemed consistent with the requirements of this chapter, and pose no threat to the health, safety and welfare of persons and property within the Village of Elm Grove, the Recreation Committee may approve the for-profit use permit. Any application that is denied by the Recreation Committee shall be processed in accordance with § 204-4B(4).
Appeals. Any person aggrieved by a decision of the Recreation Committee pursuant to this chapter is able to appeal solely to the Board of Trustees. Any appeal to the Board of Trustees under this chapter shall be made within 10 business days of the date that the Recreation Committee issued the decision being appealed from. The Board shall consider the matter at the next available regular Board of Trustees meeting or at a special meeting as the Village Board President may determine. Based upon testimony provided by both the applicant and the Recreation Committee, and after consideration of impacts generated by the for-profit use related to the health, safety and welfare of the Village, the Board may affirm, reverse, or modify the Recreation Committee's initial decision.
All permits approved under this chapter are effective for only the times and dates specified within the approved application and shall expire upon the cessation of the permit activities as identified on the permit application.
The granting of a for-profit use permit does not reserve any park facilities for the exclusive use of the permit applicant. All park facilities shall remain open for public use during the permitted for-profit use activities and Village use of any park facilities shall take precedence over the permitted for-profit use activities.
Applicable fees. The Village Board of Trustees may require fees for the use of specific facilities in the park as passed by resolution from time to time and as listed in the fee schedule in the Village Clerk's office.
Termination of permit. A permit for an in-progress for-profit use activity may be terminated by the Police Chief or Fire Chief, or respective designee, if public safety is compromised or threatened or if participants engage in violent, riotous, disorderly or destructive behavior, causing injury to persons or damage to property, or if conditions of the permit are violated.
[Amended 12-11-2000; 7-26-2005]
Any person who shall violate any provision of this chapter or any rule or regulation made under this chapter shall be subject to a penalty as provided in § 1-16 of this Code, except that a person under the age of 18 years shall be referred to the proper authorities as provided in Chapter 48 of the Wisconsin Statutes.
[Added 2-26-2002; amended 4-25-2016]
No person, at any time, shall sell or offer to sell any article, thing, or food item, or station or place any stand, table, display unit, cart or vehicle for the transportation, sale or display of any such article, thing or food item in any Village park or lands unless said person holds a valid temporary vending permit for special events under § 262-12 of this Code or, with respect to the paved area of a Village-owned parcel located at 12600 Bluemound Road, provided that a person or entity has met all of the following requirements:
A temporary plan of operation for a seasonal business engaged in the sale of locally produced fresh agricultural products, including vegetables, fruits and flowers grown within 300 miles of the Village, has been reviewed and approved by the Plan Commission as provided under § 335-85B.
The Village Board has reviewed and approved a license agreement for the use of the seasonal business purposes.
Applicability. The provisions of this section shall apply to the man-made bodies of water located within Village Park to be known as "Village Park waters."
Enforcement. This section shall be enforced by Village of Elm Grove law enforcement officers.
Intent. The intent of this section is to protect the public health and safety while at the same time allowing for enjoyment of Village Park waters consistent with the capabilities and limitations of such waters.
State boating and safety laws adopted. State boating laws as found in § 30.50 to § 30.71, Wis. Stats., are hereby adopted by reference and made applicable to Village Park waters. In the event of any conflict between the state laws and this section, the provisions of this section shall control.
Motorboats prohibited. No person shall operate a boat equipped with propulsion machinery, regardless of whether such machinery is a source of propulsion, with the exception of emergency boats, maintenance boats, and boats which are used for Village of Elm Grove sponsored special events.
Certain toy boats prohibited. No person shall operate toy sail boats or toy boats unless powered by wind or battery.
Permitted boating hours. Boating not otherwise prohibited hereunder is permitted only between the following hours: sunrise to one-half hour after sunset.
Posting. The Village of Elm Grove shall place and maintain a synopsis of this section within the jurisdiction of the Village Park.
Penalties. Forfeitures for violation of any provision of ch. 30, Wis. Stats., adopted by reference in Subsection D of this section, shall conform to forfeitures for violation of the comparable state offense, including any variations or increases for second (or subsequent) offenses. Any person found guilty of violating the provisions of this section for which a penalty is not otherwise specifically provided shall be subject to a penalty as provided in § 204-5 of this chapter.
Fishing at Village Park is permitted during the regular hours that the park is open to the public. Fishing in any manner shall be limited to catch and release only except as provided in § 204-8B. After capture, all fish shall be unhooked or released from any retaining device and returned to the water unharmed. No person shall take or carry away or attempt to take or carry away any fish caught in the Village Park.
Exception. Children 12 years of age and under shall be allowed to take or carry away no more than three fish per day.
No organized private tennis instruction or private tennis instruction for compensation shall be permitted on Village property other than that provided by the Elm Grove Recreation Department. An exception to this policy may be made, outside of the period of time between Memorial Day and Labor Day, at the recommendation of the Recreation Committee and approval of the Village Board on an individual basis, as requested.