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9.f) Staff Report-Park Rules Ordinance ��� c :`y $ 1.� � �; +1�.;1�.1�TI)IA Staff Renort Date of Meeting: October 16, 2012 To: City Council From: Kristina Handt,City Administrator Re: Park Rules Ordinance Agenda Item#: 9.fl Background: At the September Council meeting the Parks and Recreation Committee requested changes to Ordinance No. 115,concerning the rules and regulations for Scandia Parks. Their requested changes were as follows: • Replace "Wind in the Pines Park"with "Wind in the Pines Preserve"to align with Ordinance No. 62. • Extend park closing hour to l 1:00 p.m. � Add"No overnight parking"to Subdivision 5 to deter camping. • Prohibit any type of fire (including the use of grills) in Wind in the Pines Preserve due to its natural, wooded environment. • Add language to Subdivision 10 to require pet owners to clean up pet waste. • Research how"Conceal and Carry" laws align with the prohibition of firearms in Subdivision 12. Following the meeting, staff discovered that parts of Ord.No. 115 had been amended by Ord.No. 116 already. Because of the difficulty in following amended ordinances when the ordinances are not codified, staff is recommending a new ordinance be adopt in place of both Ord.No. 115 and 116. Issue: Should the Council adopt the changes proposed in ord.No. 133? Proposal Details: Included in your packet is a copy of Ord.No. 133 which incorporates the current park rules with the changes requested by the committee. The City Attorney has reviewed the language regarding conceal and catry in the ordinance and found no issue with it. While the ordinance reflects the changes requested by the Parks Committee staff would offer an additional amendment for the Council to consider. The Parks Committee requested the closing time change to l lpm to allow people to enjoy the park as much as possible in the summer. However, there may be some public safety concerns if that time frame is followed in the winter months as well when sunset is between 4pm and Spm. Staffwould suggest the wording be amended as follows for Section 2, Subdivision 1: "No person, except authorized city personnel, shail enter or be in or remain in any park beginning one-half hour aftersunset and ending at 4:00 a.m. except with a permit issued by the City Clerk." Closing the parks a half hour after sunset would allow for fluctuation depending on the time of year so that visitors to the park can maximize their time there. Also, this is consistent with the rules for Washington County Parks. Fiscal Impact: Minimal cost for publishing the ordinance changes. Likely less than $100. Options: 1) Approve Ord.No. 133 2) Amend and then Approve Ord.No 133 3) Do not Approve any changes to the Park Rules Ordinance Recommendation: Option 2. CITY OF SCANDIA ORDINANCE NO.: 133 AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE USE OF SCANDIA PARKS AND REPEALING ORDINANCE NO.115 AND 116 The City Council of the City of Scandia,Washington County,Minnesota hereby ordains: Section 1. DEFINITIONS.For the purpose of this ordinance,the following definition shall apply unless the context clearly indicates or requires a different meaning: PARKS shall mean a park,playground,athletic field,trail,nature area,open space area or recreational facility,including adjacent parking areas,owned or operated by the City of Scandia for the purpose of recreation or open space use. For the purpose of this ordinance, "park"does not include the Goose Lake and Log House Landing(St.Croix)boat launch sites, and undeveloped Bone Lake Park. Section 2. RULES AND REGULATIONS FOR PARK USE. Subdivision 1. Park Hours. No person,except authorized city personnel,shall enter or — --- – - - ___ _._. Ibe in or remain in an ark between the hours of • I I:00 m.and 4:00 a.m.exce t ..- (Formatted:Strikethrough Y P .� ._._.P�. _.._. _ P .._._. __.. r—--------- —.. _._� with a permit issued by the City Clerk. Subdivision 2. Removing,Defacing or Destroying Property Prohibited. No person shall remove,deface,destroy,diminish or impair the value of public property located on or within any park,including buildings,structures,trees,shrubs,grass,vegetation,signs,tables, benches,fireplaces,trash receptacles,notices or placards,boundary markers or fences,or any other public property,either real or personal. Subdivision 3. Erection of Structures. No person shal]construct or erect any tent, building,or structure of any kind,whether permanent or temporary in character,or run or string any public service utility into,upon or across any park,except with a permit issued by the CiTy Clerk. Subdivision 4. Littering and Dumping.No person shall litter,or cast upon or allow to remain any rubbish or trash of any kind or nature in or about any park. Subdivision 5.Motorized Vehides. Motorized vehicles shall be driven or parked only in designated areas in any park and shali be driven therein at a maximum speed of 5 miles per hour. Snowmobiles and all-terrain vehicles shall not be operated in any park except in areas specifically designated or posted for their operation,or as required for maintenance or for police, I fire or rescue purposes.Overnight parkin�s prohibited. : t Ordinance No. 133 Page 2 of 3 Subdivision 6. Non-Motorized Vehicles. Bicycles or other non-motorized vehicles of _ � any type are not permitted in Wind-in-the-Pines�Preserve. „_..- �ormatted:Strikethrough � Subdivision 7.Open Fires Prohibited. No person shall build a fire in any place in any park at any time,except in fireplaces or receptacles provided therein by the city or in privately Iowned grills that are not harmful to grass or other vegetation.Open fires,including the use of �,Trills.are prohibited in Wind in the Pines Preserve. Subdivision 8. Sale of Articles. No person shail sell any articles,or solicit for the sale thereot;in any park without a permit issued by the City Clerk. Subdivision 9. Posting Signs and Placards. No person shall paste,glue,tack or otherwise post any sign,placard,advertisement or inscription,whatsoever the same may be,in any park without a permit issued by the City Clerk. Subdivision 10. Animals. No domestic animals,including cats and dogs,shall be _ _ �------ ----------- ---- permitted within Wind-in-the-Pines�Preserve.No person shall allow any domestic animal, .. Formatted:Strikethrough � including dogs and cats,to go unattended and without physical restraint in any other park.Pet o���ners and animal handlcrs are responsible for cleaning up their pet's�h�aste and disposing of it in a sa�iitary manner. Subdivision 11. Climbing of Trees aud On Buildings.No person shall climb any trees or climb on any building or structure in any park. Subdivision 12. Other Prohibited Acts. It is unlawful in any park for any person to: a) Disturb or interfere with any birds,animals,animal habitat,or nesting area. b) Schedule and hold gatherings of more than 100 people without a permit from the City Clerk and after approval by the City Council. c) Discharge any gun,firearm,air gun,pellet gun,explosive,bow and arrow,or other similar device,except for a peace officer in the dischazge of his or her duties,without a permit from the City Clerk and after approval by the City Council. d) Discharge fireworks except when authorized in writing by the City Council. e) Discharge any pollutants into any body of water in any park. � Section 3. VARIANCES.Variances to the strict application of this ordinance may be granted only by the City Council and only in unusual circumstances. Nothing herein shall prohibit the normal care,operation or functions of the city or its authorized agents in or on any city park. Section 4. VIOLATIONS AND PENALTIES.Any person violating any provision of this ordinance shall be guilty of a misdemeanor and shall,upon conviction thereof,be punished according to law. Ordinance No. 133 Page 3 of 3 Section 5. REPEALER. Ordinance No. 115 adopted May 19th, 1981 is hereby repealed. Ordinance No. t 16 adopted May 5`h,2009 is hereby repealed. ' Section 6. EFFECTIVE DATE.This ordinance shall be in full force and effect upon its adoption and publication according to law. Passed and adopted by the City Council of the CiTy of Scandia this 16th day of October, 2012. Randal]Simonson,Mayor ATTEST: Kristina Handt,Clerk/Administrator , � �� ;�� � r > � L r r �� 2 1 1� J j `' y 1 t ! e ' , ° r 3 � � � i a�,� �^-j �rt`:, a F i ;�` x Y E'Y �� t ! ...L �. . ,. . - . . . .. .