[HISTORY: Adopted by the Village Board of the Village of Johnson Creek at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
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.
Littering prohibited. No person shall litter, dump or deposit any rubbish, refuse, earth or other material in any park.
Sound devices. No person shall operate or play any amplifying system unless specific authority is first obtained from the Village.
Pets. No pets are permitted within the boundaries of any Village park at any time.
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 signs authorized by the Village Board.
Throwing stones and missiles prohibited. No person shall throw stones or other missiles in or into any park.
Removal of park equipment prohibited. No person shall remove benches, seats, tables or other park equipment from any park.
Trapping. No person shall trap in any Village park.
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 that 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.
Protection 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.
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 a Village Board authorization for shows, rides or exhibits and then only for the purpose of loading and unloading.
Snowmobiles. No person shall operate a snowmobile in a Village park except in designated areas.
Speed limit. No person shall operate any vehicle in a Village park in excess of 15 miles per hour unless otherwise posted.
Glass beverage bottles in parks prohibited. No person shall bring into, carry onto or possess while in any public park glass bottles or glass containers, including those containing or normally used for containing soda water, fermented malt beverages or alcohol.
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.
Parking in parks. No person shall park any motor vehicle in any park in the Village except in a designated parking area.
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.
Removing tree protectors. No person shall remove any device for the protection of trees or shrubs.
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.
Arrows. No person shall use or shoot any bow and arrow in any Village park.
Fees and charges. The Village Board shall have the authority to establish such fees as deemed necessary for use of any park facility, shelter, public waters or land area. It shall be unlawful to use such areas without payment of such fee or charge when required.
Firearms; hunting. Possessing or discharging of any firearm or weapon of any kind is prohibited in all Village parks.
Fish cleaning. Cleaning of fish in shelters, toilet facilities or picnic areas is prohibited in all Village parks.
Controlled substances. Possessing, using or dispensing of a controlled substance in violation of the Uniform Controlled Substances Act, Ch. 961, Wis. Stats., is prohibited in all Village parks.
Camping. Overnight camping is prohibited.
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 the Village Board, and no such installation, repair or construction shall commence without the written permission therefor from the Board. All public works, including construction and installation of power lines, hydrants, sewers and the like, shall be commenced only after notice to the Board of the intention so to do. Where practicable, such construction and installation shall be performed pursuant to recommendations by the Board.
No person shall fly a radio-controlled model airplane or helicopter in any park in the Village except in areas specifically designated and posted for such purpose.
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.
Park hours. All Village parks shall be closed from 10:00 p.m. to 6:00 a.m. the following day, except Veterans Park, which shall be closed from 1/2 hour after sunset to 1/2 hour before sunrise daily.
[Amended 9-12-2011 by Ord. No. 14-11]
Exceptions to closing hours. Subsection A shall not apply to a person driving through a park on a public road; however, stopping shall not be permitted within a park. Subsection A shall not apply to persons renting the community center in Firemans Park; events exclusively conducted within the community center may be held until 12:00 midnight and clean-up completed by 1:00 a.m. Subsection A shall not apply to official use of the baseball field; baseball games may be conducted until 11:00 p.m. The Village Board may modify closing hours for particular events.
[Amended 3-13-2006 by Ord. No. 04-06]
Park closing and opening dates. The Police Chief will have full authority to open and close any park, beach, facility or area because of season, condition, construction or when, in the interest of public safety, it is deemed necessary.
Policy on reservation. The Village-owned parks and park facilities 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.
Reservation of park space. A person or group, firm, organization, partnership or corporation may reserve the use of a park facility or a park shelter by written application filed with the Clerk-Treasurer for a permit for exclusive use of the same. The 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 an entire Village park. Park facilities are reserved on a first-requested, first-reserved basis.
Application. Applications shall be filed with the Clerk-Treasurer at least 30 days prior to the date on which the exclusive use of the entire park is requested, or at least seven 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:
The name, address and telephone number of the applicant.
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.
The name, address and telephone number of the person who will be responsible for the use of said park, area or facility.
The date when the exclusive use is requested and the hours of the proposed exclusive use.
The anticipated number of persons to use said park, area or facility.
Any additional information which the Village Board or Clerk-Treasurer finds reasonably necessary to a fair determination as to whether a permit should be issued.
Fee. All applicants for reservation of park space or shelters for which a permit is required shall pay a fee as provided in Chapter 33, Fees, to pay for the Village's maintenance and cleanup expenses.
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.
Reasons for denial. Applications may be denied for any of the following reasons:
If it is for a use which would involve a violation of federal or state law or any provision of this Code.
If the granting of the permit would conflict with another permit already granted or for which application is already pending.
The application is made less than the required days in advance of the scheduled exclusive use.
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.
If the law enforcement requirements of the exclusive use will require so large a number of persons as to prevent adequate law enforcement for the park, park facility or shelter area involved or for the rest of the Village.
The exclusive use will reasonably create a substantial risk of injury to persons or damage to property.
The exclusive use is so poorly organized that participants are likely to engage in aggressive or destructive activity.
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.
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.
Permit revocation. The Village Clerk-Treasurer, Village Board or Police Chief 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.
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 whom or to which the permit is issued.
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 Chapter 150, Intoxicating Liquor and Fermented Malt Beverages, 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.
Intent. The intent of this section is to provide safe and healthful conditions for the enjoyment of aquatic recreation consistent with public rights and interest and the capability of the water resources located in the Village of Johnson Creek.
Applicability and enforcement. The provisions of this section shall apply to the public waters within the jurisdiction of the Village of Johnson Creek.
State boating and water laws adopted. The statutory provisions describing and defining regulations with respect to water traffic, boats, boating and related water activities and safety in the following enumerated sections of the Wisconsin Statutes, exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation of said statutes, are hereby adopted and, by reference, made a part of this section:
Definitions. As used in this section, "slow no-wake" is defined as the slowest possible speed so as to maintain steerage.
Speed restriction. Boating activities on waters within the Village shall be limited to slow no-wake speed between the hours of 9:00 p.m. and 9:00 a.m.
No person shall fish for or take the following game fish: walleye pike, northern pike, or black bass.
No person shall use minnows or artificial lures with the exception of dry and wet flies and poppers of a hook size not larger than No. 8.
No child under the age of 12 shall fish in any pond or be within 50 feet of any shoreline of any pond, unless accompanied by an adult.
Swimming. No person shall bathe, wade or swim within any pond.
Except as otherwise provided, any person who shall violate any provision of this chapter, upon conviction thereof, shall be subject to a penalty as provided in § 60-1 of this Code.