[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.]
A.
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.
B.
Specific regulations.
(1)
Littering prohibited. No person shall litter, dump
or deposit any rubbish, refuse, earth or other material in any park.
(2)
Sound devices. No person shall operate or play any
amplifying system unless specific authority is first obtained from
the Village.
(3)
Pets. No pets are permitted within the boundaries
of any Village park at any time.
(4)
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.
(5)
Throwing stones and missiles prohibited. No person
shall throw stones or other missiles in or into any park.
(6)
Removal of park equipment prohibited. No person shall
remove benches, seats, tables or other park equipment from any park.
(7)
Trapping. No person shall trap in any Village park.
(8)
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.
(9)
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.
(10)
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.
(11)
Snowmobiles. No person shall operate a snowmobile
in a Village park except in designated areas.
(12)
Speed limit. No person shall operate any vehicle in
a Village park in excess of 15 miles per hour unless otherwise posted.
(13)
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.
(14)
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.
(15)
Parking in parks. No person shall park any motor vehicle
in any park in the Village except in a designated parking area.
(16)
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.
(17)
Removing tree protectors. No person shall remove any
device for the protection of trees or shrubs.
(18)
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.
(19)
Arrows. No person shall use or shoot any bow and arrow
in any Village park.
(20)
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.
(21)
Firearms; hunting. Possessing or discharging of any
firearm or weapon of any kind is prohibited in all Village parks.
(22)
Fish cleaning. Cleaning of fish in shelters, toilet
facilities or picnic areas is prohibited in all Village parks.
(23)
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.
(24)
Camping. Overnight camping is prohibited.
(25)
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.
A.
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]
B.
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]
C.
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.
A.
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.
B.
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.
C.
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:
(1)
The name, address and telephone number of the applicant.
(2)
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.
(3)
The name, address and telephone number of the person
who will be responsible for the use of said park, area or facility.
(4)
The date when the exclusive use is requested and the
hours of the proposed exclusive use.
(5)
The anticipated number of persons to use said park,
area or facility.
(6)
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.
D.
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.
E.
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.
F.
Reasons for denial. Applications may be denied for
any of the following reasons:
(1)
If it is for a use which would involve a violation
of federal or state law or any provision of this Code.
(2)
If the granting of the permit would conflict with
another permit already granted or for which application is already
pending.
(4)
The application is made less than the required days
in advance of the scheduled exclusive use.
(5)
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.
(6)
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.
(7)
The exclusive use will reasonably create a substantial
risk of injury to persons or damage to property.
(8)
The exclusive use is so poorly organized that participants
are likely to engage in aggressive or destructive activity.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
A.
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.
B.
Applicability and enforcement. The provisions of this
section shall apply to the public waters within the jurisdiction of
the Village of Johnson Creek.
C.
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:
30.50
|
Definitions
| |
30.51
|
Certificate of number and registration; requirements;
exemptions
| |
30.53
|
Certificate of origin; requirements; contents
| |
30.60
|
Classification of motorboats
| |
30.61
|
Lighting equipment
| |
30.62
|
Other equipment
| |
30.635
|
Motorboat prohibition
| |
30.64
|
Patrol boats
| |
30.65
|
Traffic rules
| |
30.66
|
Speed restrictions
| |
30.67
|
Accidents and accident reports
| |
30.675
|
Distress signal flag
| |
30.68
|
Prohibited operation
| |
30.69
|
Water skiing
| |
30.70
|
Skin diving
| |
30.71
|
Disposal of waste from boats equipped with toilets
|
D.
Definitions. As used in this section, "slow no-wake"
is defined as the slowest possible speed so as to maintain steerage.
E.
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.
A.
Fishing.
(1)
No person shall fish for or take the following game
fish: walleye pike, northern pike, or black bass.
(2)
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.
(3)
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.
B.
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.