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HomeMy WebLinkAbout17 - PARKS & RECREATION . e . . . Chapter 17 PARKS AND RECREATlON* Article L In General See. 17-1. Definitions. Sec. 17-2. Reserved. Sec. 17-3. Authority. Sees. 17-4-17-20. Sec. 17-21. Sec. 17-22. Sec. 17-23. Sec. 17-24. Sec. 17-25. Sec. 17-26. Sec. 17-27. Sec. 17-28. Sec. 17-29. Sec. 17-30. Sec. 17-31. Sec. 17-32. Sec. 17-33. Sec. 17-34. Sec. 17-35. Sec. 17-_36. Sec. 17-37. Sec. 17-38. Sec. 17-39. Sec. 17-40. Sec. 17-41. Sec. 17-42. See. 17-43.. Sec. 17-44. Sec. 17-45. Sec. 17-46. Sec. 17-47. Sec. 17-45. See. 17-49. See. 17-50. Sec. 17-51. Sec. 17-52. Article n. Park Rules Scope. Reserved. Restriction of use. Permits. Group use. Hours. Athletic fields. Pavilions. Tents. Workmen, work areas. Winter sports. Fishing. Boating. Swimming. 'lennis. Vehicles. Weapons. Littering. Glass containers. Vandalism. Disturbing the peace. Commercial activity. Advertising.___ Amplification systems. Begging, soliciting. Fires. Alcoholic beverages. Animals. Flying objects. Cleats, spikes. Dances. Pathways. *Editor's note--Section 1 afOrd. No. 871, adopted Sept. 4. 1991, repealed and re-enacted Ch. 17 to read as herein set out. Prior to this re-enscted Ch. 17 cootained similar subject matter aod was derived from Code 1977, ~~ 15-1, 15-2, 15-4-15-10, and Ord. No. 1990-850, ~ 3, adopted Nov. 26, 1990. Cross reference-Parks and recreation commission, ~ 2-57. State law references-Home rule powers, Col. Const. Art. XX, ~ 6; municipal authority of city to regulate parks, use of parks, C.R.S. ~ 31-15-702; parks in cities generolly. C.R.S. ~ 31-25-201 et seq. Supp. No. 21 1093 . . . . . PARKS AND RECREATION ~ 17-24 ARTICLE I. IN GENERAL Sec. 17-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: APEO: An agent of the chief of police and an officer of the police department empowered by the city to enforce the provisions of this chapter. Commission: The parks and recreation commis- sion of the city. Department: The department of parks and rec- reation of the city. Director: The director of parks and recreation of the city. Director's agent: Those employees assigned spe- cific responsibilities and authority by the director. Park, parkway, recreatwnal facility or recre- ational building: Reference to anyone (1) park, parkway, recreational area or recreational build- ing and shall include all such parks, parkways, recreational areas and recreational building within the city. Pedestrian pathways, bicycle pathways and equestrian pathways: Any hard-surface or natural ' surface pathway that is publicly maintained and that has been designated for use by bicycles, pedestrians, horses or any combination thereof by a traffic-control device or other signage or by regnlation and that is separated from the road- way by open space or other barrier. (Ord. No. 1991-871, ~ 1, 9-4-91) Cross reference-Definitions and rules of construction generally, ~ 1-2. Sec. 17.2. Reserved. Editor's note--Ord. No. 1998-1120, ~ 11, adopted June 8, 1998, repealed ~ 17-2, which pertained to violations and penalties, and which derived from Ord. No. 1991-871, adopted Sept. 4, 1991. Sec. 17-3. Authority. The city council does hereby authorize the chief of police and his agents and the director of parks and recreation and his agents to enforce the rules Supp. No. 21 and regnlations set forth in this chapter and all future rules and regnlations adopted by the city council for the proper management, operation and control of the parks, parkways and other recreational facilities within the city. The APEOs are hereby designated as peace officers and shall be authorized to issue, sign, and serve summons and complaints in order to enforce the provisions of this chapter. (Ord. No. 1991-871, ~ 1, 9-4-91) Secs. 17-4-17-20. Reserved. ARTICLE n. PARK RULES Sec. 17-21. Scope. This article applies to parks, parkways, recre- ational facilities and recreational buildings. (Ord_ No_ 1991-871, ~ 1, 9-4-91) Sec. 17-22. Reserved. Sec. 17-23. Restriction of use. The director may restrict the hours, days and weeks of use of any recreation center or building and the director or his agent or an APEO may restrict or remove any user, individual or group for violation of any of the rules and regulations set forth in this article. (Ord. No. 1991-871, ~ 1, 9-4-91) Sec. 17-24. Permits. The director is hereby authorized to issue per- mits relating to any use or accommodation of any park or recreation facility of the city. The director shall establish rules for the use of park property by any licensee, which rules shall become a con- dition of any permit. No permit shall be issued until any required fee or deposit is paid. The director shall have the power and authority to cancel any permit for violation of the require- ments of the permit or for violation of any of the provisions of tms article. (Ord. No. 1991-871, ~ 1, 9-4-91) 1095 ~ 17-25 WHEAT RlDGE CITY CODE Sec. 17-25. Group use. Any group of more than twenty-five (25) per- sons shall obtain a permit signed by the director or his authorized agent allowing such a group to assemble in the park. Groups shall be orderly and law-abiding. (Ord. No. 1991-871, ~ 1,9-4-91) Sec. 17-26. Hours. (a) Parks shall normally be open daily from 5:00 a.m. until 10:00 p.m. and normally be closed from 10:00 p.m. to 5:00 a.m., except for activities and events sponsored by the department or au- thorized by permission of the director. Any park or recreational facility may be declared closed to the public by the director or his agent or by the chief of police or his agent at any time and for any interval of time within a temporary or stated interval as the director or chief of police shall find reasonably necessary in order to protect the pub- lic, and individual members thereof, from danger- ous persons, conditions or situations. It shall be unlawful to go into or upon an area or part of any park or recreational facility of the city when it has been declared to be closed to the public under this provision. (b) All greenbelt areas, Johnson Park and Wheat Ridge Historical Park shall normally be open daily from sunrise to sunset and normally be closed from sundown to sunrise, except for activ- ities and events sponsored by the department or authorized by permission of the director. (Ord. No. 1991-871, ~ 1, 9-4-91) Sec. 17-27. Athletic fields. (a) Rules and regulations. The director or his agent, or an APEO, shall enforce all rules and regulations pertaining to activities upon any ath- letic field in any park or recreation facility of the city. The director shall have the power to issue rules and regulations governing such athletic fields, and copies of such rules and regulations shall be on file with the department of parks and recreation and the city clerk. (b) Relinquishing fields to pennittees. All teams or individuals shall relinquish play on any ath- letic field to any individuals or teams to whom permits for use of such facility shall have been issued by the director or his agent. Supp. No. 21 (c) Removal or restriction for violations ofmles and regulations. The director or his agent or an APEO may restrict or remove any player, players, teams or leagues from all public fields for a specified time for violations of rules and regula- tions set forth in this article or issued by the director under the authority of this chapter. (d) Closure of fields. The director or his agent or an APEO shall have the authority to close any or all public fields or play areas when use of such area shall create maintenance problems or when use would or could constitute a danger to any person, as a result of weather or other conditions. (e) Artificially lighted fields. Artificially lighted athletic fields in the parks shall have the lights turned off at 10:00 p.m., except in Wheat Ridge Park and Prospect Park; however, an inning in progress may be completed, but no inning will start after 10:00 p.m. except at Wheat Ridge Park and Prospect Park, where no inning will start after 10:30 p.m. In case of rain delay of any game, the game may continue until 10:30 p.m. except at Wheat Ridge and Prospect Park where no inning will start after 11:00 p.m. (Ord. No. 1991-871, ~ 1, 9-4-91) Sec. 17-28. Pavilions. Reservation of pavilions may be obtained by permit issued by the director. Otherwise, all use of pavilions shall be on a first-come, first-served basis. _ (Ord. No. 1991-871, ~ 1, 9-4-91) See. 17-29. Tents. No tents shall be erected upon any park or recreation facility except as part of a department- sponsored activity or unless a permit authorizing the same is issued by the director. (Ord. No. 1991-871, ~ 1, 9-4-91) 1096 . . . . ~ I Ie , e e PARKS AND RECREATION ~ 17.32 Sec. 17-30. Workmen, work areas. Sec. 17.32. Fishing. The use of any park or recreation area shall be relinquished to any city or park employee car- rying out work assignments. Public use of areas in which maintenance or other work activities is ongoing is prohibited. (Ord. No. 1991-871, ~ 1, 9-4-91) Sec. 17.31. Winter sports. (a) Ice skating and ice fishing. No ice skating or ice fishing is permitted on any water body owned or managed by the city or on any water body suo pervised by the department or included in any park or recreation facility unless the specific area to be used is so posted or public announcement has been made by the director allowing such ac- tivity. When such areas are open for use, they are subject to rules and regulations on program and safety as issued by the director. (b) Ice hockey. Ice hockey shall not be permitted except in designated areas as part of a department- sponsored activity or by permit issued by the di- rector. (c) Sledding. Within any park or recreation fa- cility of the city, sledding shall be prohibited on water areas, on vehicle roadways or uphill from any water area or roadway where sleds could coast over, upon or across such water areas or road- ways. (d) Walking on ice. No person shall go upon any ice surface over a lake or body of water within a park within the city on foot for any purpose what- soever, unless the specific area has been conspic- uously posted by the director allowing such ac- tivity. (e) Vehicles on ice. All vehicles of any kind and description are prohibited from coming upon any ice surface over any lake; stream or water area within any part or recreation area in the city. (f) Snowmobiles. It shall be unlawful to use or operate snowmobiles in any park, recreation fa- cility, pathway or recreational area within the city. (Ord. No. 1991-871, ~ 1, 9-4-91) Supp. No.8 (a) License required. It shall be unlawful for any person fIfteen (15) years of age and over to fish for fish, crayfish, salamanders or frogs without being in immediate physical possession of a current valid state fishing license. Any person in violation of this provision shall be deemed guilty of a viola- tion of this Code of Laws. (b) Methods oftciking. The following fIsh or other water wildlife may be taken by the methods indi- cated: (1) Fish. No fish shall be taken or killed except by the use of hook and line with no more than three (3) hooks attached to any line. (For the purpose of these regulations, mul- tiple hooks having a common shank, i.e. treble hooks, shall be considered as one (1) hook.) (2) Frogs. Permitted methods of taking frogs are by use of hook and line, nets, gigs or by hand between August 15 and September 30. Artificial lighting may be used. (3) Crayfish and salamanders. Crayfish and salamanders may be taken by hand, hook and line, traps, pots, nets or seines not to exceed ten (10) feet in length. (c) Second rod stamp. An additional rod may be used in all waters when a second rod stamp is properly signed and attached to the fishing li- cense. (d) Unattended rod. Any rod or line that is used for fishing must be personally attended. (e) Prohibited methods. Snagging (snatching with hooks, gang hooks or similar devices'to catch fish), archery and spearfishing are prohibited. (f) Chumming. Placing fish, parts of fIsh or other material upon which fish might feed in the waters for the purpose of attracting fish to a particular area in order that they may be taken (chumming) is prohibited. (g) Turtles. Taking turtles is prohibited. (h) Size limit. All largemouth or smallmouth bass (black bass) under fifteen (15) inches in length 1097 ~ 17-32 WHEAT RIDGE CITY CODE which are taken shall be returned to the water immediately. (i) Artificial flies and lures. Fishing in Bass Lake and West Lake is restricted to the use of artificial flies and artificial lures_ Ul Daily possession limits. In this subsection "in aggregate" means that the limit may consist of one (1) species or may be a mixed bag of more than one (1) species. Any person fishing within the wa- ters of Wheat Ridge is entitled to the numbers of fish as established in the then-current Colorado Fishing Season Information Guide distributed by the Colorado_Division of Wildlife. (k) Fishing locations. Fishing shall be allowed from the shoreline and dock area, excluding boat dock areas and boat launch areas. Fishing from boats is allowed except where posted as prohib- ited. (Ord. No. 1991-871, ~ 1, 9-4-91) Sec. 17.33. Boating. (a) Use restricted. All nonmotorized watercraft designed to be used as a means of transportation on water, other than single-chambered air-inflated devices, shall be allowed on any waters in the park and recreation areas of the city as outlined in this section. (b) Boating requirements. In order to boat on any water in parks and recreation areas of the city the following requirements shall be met: (1) The watercraft shall be nonmotorized, pro- pelled solely by means of oars and paddles or by the use of cloth sails. Any watercraft which has a motor-driven means ofpropul- sion shall be classified as motorized and will not be permitted upon the water of the city. (2) Any sailboat must be properly registered with the Colorado Division of Parks and Outdoor Recreation. (3) All air-inflated devices, including inflat- able canoes, kayaks, rafts and belly boats, must have a minimum of two (2) separate and distinct chambers. Inner tubes, air mat- tresses and other similar beach toys are not permitted at any time. Supp. No.8 (4) The watercraft shall be in seaworthy con- dition, as defined by these rules and regu- lations and determined by the APEO's. (5)_The watercraft shall have- one (-1-)-personal flotation device of a type currently approved for use by the United States Coast Guard on board for each person occupying the craft and one (1) throw floatation device. (6) The watercraft shall have at least one (1) oar or paddle which shall be carried on board when the craft is in use. (7) The watercraft shall be labeled with the name, address and phone number of owner or with the license number issued by the Colorado Division of Parks and Outdoor Recreation. (8) Motorized radi.o/remote control watercraft shall be prohibited. (9) For any watercraft registered by the Colo- rado State Division of Parks and Outdoor Recreation all applicable laws shall apply. Any watercraft:not required.to ba.regis- tered shall abide by the above regulations. (c) Boating hours. Open boating shall be per- mitted from 7:00 a.m. until one-half hour past sunset. e e (d) Islands. No person shall dock any boat upon, physically go upon, or swim from any island in any lake within the city. (e) Group boating activities. No group activity, organized race, regatta or any other type of orga- nized boating activity shall be allowed unless ap- proved in advance in writing by the director of parks and recreation or his designated represen- tative. (f) APEOs. An APEO may order inexperienced operators from the water when, in the APEO's judgement, such operators constitute a safety hazard to themselves or other operators. APEOs may also order from the water persons or crafts operating in a reckless or careless manner of or in disregard of or in violation of any department of parks and recreation rule or regulation. APEOs shall have the authority to close the lake because of inclement weather or any other unsafe condi- e 1098 e e e PARKS AND RECREATION ~ 17.38 tion which, in the judgement of the APEO, con- stitutes a danger to the health or safety of tile public. (Ord. No. 1991-871, ~ 1, 9-4-91) Sec. 17.34. Swimming. Swimming is allowed only as part of a sched- uled and supervised recreational program spon- sored by the department or authorized by depart- ment permit or in connection with launching a boat when necessary. Swimming from a boat is expressly prohibited unless engaged in as part of a legitimate rescue attempt. (Ord. No. 1991-871, ~ 1, 9-4-91) Sec. 17.35. Tennis. (a) Tennis courts shall be reserved only by written permit, except for department-sponsored programs. (b) Use of tennis courts shall be subject to spe- cific rules and regulations promulgated by the di- rector and conspicuously posted on such courts. (arei'. No. 1991-871, ~ 1,9-4-91) Sec. 17.36. Vehicles. (a) Motor vehicles_ It shall be unlawful for any person operating a motorized vehicle of any de- scription whatsoever in any park or recreation area of the city to fail or refuse to obey any and all traffic signs or other traffic-control devices regu- lating the operation, stopping or parking of vehi- cles. It shall be unlawful for other than autho- rized personnel to park or drive on lawns, fields or any other places other than upon roadways and parking areas clearly constructed and established for such purposes within the parks, parkways or other recreational facilities of the city. Laws per- taining to streets and highways pertain also to park roads, except that pedestrians shall have the right-of-way over vehicles in park areas. (b) Parking. Parking within or upon parks, parkways or recreation areas shall not be per- mitted at any time a park is closed or in any area ordered closed by the director. It shall be un- lawful to park so as to obstruct access roadways and parking areas or areas designated by sign for emergency vehicle use only. Vehicles may be Supp. No.8 parked in park and recreation areas only if the occupants are engaged in activity connected with , the area. (c) Washing or servicing of vehicles. Washing or servicing of vehicles in any park or recreation area in the city is prohibited. (d) Bicycles. AIl bicycle riders shall obey traffic signs and laws regulating the operation, stopping or parking of vehicles. Bicycle riding will be gov- erned further by safe riding practices and consid- eration for the use of park and recreation areas, trails and pathways by others. Bicycle riding is prohibited on playgrounds, tennis courts and game courts, in pavilions or in any area where other activities are in progress. (See section 17.52.) (Ord. No. 1991-871, ~ 1, 9-4-91) Cross reference-Motor vehicles and traffic, Ch. 13. Sec. 17.37. Weapons. It shall be unlawful to bring upon or to dis- charge or use within any park or recreation area within the city any weapon, however described, including merely as means of description and not by way of limitation, guns of any caliber or de- scription, including firearms, BB guns, pellet guns, and air guns, bows and arrows, slingshots, etc., or any explosive device or substance including fire- works. (Ord. No. 1991-871, ~ 1, 9-4-91) Sec. 17-38. Littering. It shall be unlawful to dump, deposit, throw or leave any bottles, cans, broken pieces of glass, papers, boxes, dirt, rubbish, waste, garbage, refuse or trash upon or within any park, lake, or other recreational area or facility of the city. It shall be unlawful for any person utilizing the facility of any park, lake, or recreational area or facility of the city to leave such area or facility without first having completely extinguished fires or before all trash, waste 'or garbage is placed in the disposal receptacles where provided. Ifno receptacle is pro- vided, such persons shall remove all trash, waste or garbage from the park, lake or other recre- ational area or facility and properly dispose of it elsewhere. The act of dumping, depositing, dis- carding, throwing or leaving any of the items de- scribed above shall be sufficient in and of itself to 1099 ~ 17-38 WHEAT RIDGE CITY CODE constitute a completed act of littering. It shall not be necessary for the person dumping, depositing, discarding, throwing or leaving any of the items described above to depart from the immediate vi. cinity in order to constitute a prima facie viola. tion of this section. (Ord. No. 1991-871, S 1,9-4-91) Cross reference-Solid waste, Ch. 20. State law reference-Littering, C.R.S. 9 18-4-511. Sec. 17-39. Glass containers. It shall be unlawful for any person to bring or to have in his possession any glass beverage bottle in any park, lake or other recreational area or facility of the city. (Ord. No. 1991-871, ~ 1,9-4-91) Sec. 17.40. Vandalism. It is unlawful to remove, destroy, damage or deface any park or open space property or any structure or any vegetation therein. (Ord. No. 1991-871, S 1,9-4-91) Sec. 17-41. Disturbing the peace. It shall be unlawful Within any park or recre- ation area of the city to disturb the pe/3.Qe of others by committing any act prohibited in section 16-103 of the, Code of Laws. (Ord. No. 1991-871, ~ 1,9-4-91) Sec. 17-42. Commercial activity. It shall be unlawful to conduct any commercial activity or sell or offer for sale any service, product or activity for which a fee is charged on any park or open space lands, except where such activity is authorized in writing by the director. (Ord. No. 1991-871, ~ 1,9-4-91) Sec. 17-43. Advertising. Advertising shall not be permitted in any manner unless authorized by the director in writing or in concessionaire contracts for goods sold on the premises. (Ord. No. 1991-871, ~ 1, 9-4-91) Supp. No.8 Sec. 17.44. Amplification systems. Public address or other amplification devices may be used in a park, parkway or recreational areaonlyiJy -specialllermit obtainable from the director or his agent in charge of any program requiring sound amplification. (Ord. No. 1991-871, ~ 1,9-4-91) Sec. 17-45. Begging, soliciting. It shall be unlawful for any person to beg or solicit within any part or recreation area. (Ord. No. 1991-871, ~ 1, 9-4.91) Sec. 17.46. Fires. Fires are permitted only in enclosed fireplaces or grills provided for this purpose under such rules and regulations as may be prescribed by the di- rector, and any such fire shall be extinguished before leaving any park or recreation area of the city. (Ord. No. 1991-871, ~ 1, 9-4-91) Cross reference-Fire prevention and protection, Ch. 8, Sec. 17.47. Alcoholic beverages. (a) The storage or consumption of any alcoholic beverage or alcoholic liquor, as defined in the Col- orado Liquor Code, is prohibited in any park, rec- reation area or recreation building within the city except as specifically provided herein. The con- sumption and/or storage' of fermented malt bev. erage containing not more than three and two. tenths (3.2) percent of alcohol by weight is permitted in any park or recreation area within the city so long as, and only so long as, such fer- mented malt beverage have been purchased in a manner authorized and are 'being consumed by persons permitted by applicable state law. It shall be unlawful to sell any fermented malt beverage within any park or recreation area within the city unless such sales are made pursuant to aJicense or permit granted by the city council and unless such sales are made in accordance with the Colo- rado Beer Code (C.RS. ~ 12-46-101 et seq.). (b) Storage and consumption offermented malt and vinous liquor is permitted at the Wheat Ridge Community Center in conjunction with an event sanctioned and authorized by the director of parks and recreation or his designee; provided, that 1100 e e e 1_ , _ e PARKS AND RECREATION ~ 17-52 storage and consumption of alcoholic beverages or alcoholic liquor is permitted at the Richards-Hart Estate in conjunction with an event sanctioned and authorized by the director of parks and rec- reation or his designee; and provided further that such alcoholic beverages are neither sold to, served to, nor consumed by any person not authorized by the Colorado Liquor Code (C.RS. ~ 12-47-101 et seq.) or the Code of Laws of the city to possess or consume such alcoholic beverages. The director of parks and recreation is hereby authorized to es- tablish rules for serving and consumption of alco- holic beverages at the Richards-Hart Estate and the Wheat Ridge Community Center. (Ord. No. 1991-871, ~ 1, 9-4-91) Sec. 17.48. Animals. (a) All animals must be under control by means of a leash, cord or chain not to exceed six (6) feet in length. . (b) It shall be unlawful for the owner or custo- dian of any animal to allow such animal to defe- cate in any park, parkway, recreational facility or other public place within the city, and to fail to clean up and remove from such park, parkway, recreational facility or other public place such ex- crement or feces. (c) Horseback riding shall be permitted only upon an authorized bridle path unless other areas are specifically designated by the director or his agent. (Ord. No. 1991-871, ~ 1, 9-4.91) Cross reference-Animals, Ch. 4. Sec. 17.49. Flying objects. It shall be unlawful to throw, strike, propel or otherwise operate flying or propelled objects of a potentially dangerous nature, including by way of example, without limitation, such things as model airplanes, rockets, horseshoes, arrows, golf balls or rocks, except in areas designated for such use, or as part of any authorized sport or recreational activity, or by a written permit of the director. (Ord. No. 1991-871, ~ 1, 9-4-91) Sec. 17-50. Cleats, spikes. Cleats or spikes on shoes are prohibited except in those specially designated athletic areas where program rules specifically permit their use. (Ord. No. 1991-871, !i 1, 9-4-91) Supp. No. s Sec. 17.51. Dances. Organized dances in a park, parkway or recre- ational area shall be permitted only by written permit issued by the director. (Ord. No. 1991-871, ~ 1, 9-4-91) Sec. 17.52. Pathways. The director of parks and recreation or his agent or the police chief or an APEO shall enforce all rules and regulations pertaining to activities upon any pathway of the city. The director of parks and recreation or police chief shall have the authority to promulgate rules and regulations governing such pathways and copies of such rules and reg- ulations shall be on file with the department of parks and recreation, the police department and the city clerk. (Ord. No. 1991-871, ~ 1, 9-4-91) [The next page is 1151) 1101 e Chapter 18 (RESERVED) e e [The, next page is 1251] 1151