9.c) Park Rules Ordinance c� �
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SCANDIA
Staff Renort
Date of Meeting: November 20, 2012
To: City Council
From: Kristina Handt, City Administrator
Re: Park Rules Ordinance
Agenda Item#: 9.c.)
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 11:00 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 adopted in place of both Ord.No. 115 and 116.
The Council reviewed the proposed changes at the October 16, 2012 meeting but because of some
concerns regarding park hours for the skating rink and lighted ball fields, the matter was tabled.
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 carry in the ordinance and found no issue with it.
Park hours were changed to reflect the discussion at the last meeting in that the parks would
close one-half hour after sunset and open at 4a.m. However,these hours of operation would not
apply to the skating rink or lighted ball fields. The skating rink has established hours of:
4 pm to 9 pm, Monday through Thursday
4 pm to 10 pm, Friday
Noon to 10 pm, Saturday
Noon to 9 pm, Sunday
Ball field use is typically handled through a reservation system so the City would be able to track
approved users through that system.
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 1.
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 REGLTLATIONS FOR PARK USE.
Subdivision 1. Park Hours. No person,except authorized city personnel,shall enter or
be in or remain in any park beginning one-half hour after sunset and endin�at 4:00 a.m.�e�weePr
�____ . . : . _.except with apermit issued by_the City Clerk._These hours _,,- ���:striketnrouyn
of overation do not applv to the Wojtowicz Skating Park and anv lig,hted ball fields.
Subdivision 2. Removing,Defacing or Destroying Property Prohibited. No person
shall remove,deface,destroy,diminish or impair the value of public property]ocated 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 shall 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 Vehicles. Motorized vehicles shall be driven or parked only
in designated areas in any park and shall 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 azeas
specifically designated or posted for their operation,or as required for maintenance or for police,
I fire or rescue purposes.OvemiQht parkin�is prohibited.
Ordinance No. 133
Page 2 of 3
Subdivisioa 6. Non-Motorized Vehicles. Bicycles or other non-motorized vehicles of
I any type are not permitted in Wind-in-the-Pines�Preserve. _ _ _ ,- rornweced:strikemrou9n
Subdivision 7.Open Fires Prohibited. No person shall build a fue in any place in any
park at any time,except in fireplaces or receptacles provided therein by the city or in privately
owned grills that are not hannful to grass or other vegetation.O�en fires,includinQ the use of
grills,areprohibited in Wind in the Pines Preserve.
Subdivision 8. Sale of Articles. No person shall sell any articles,or solicit for the sale
thereof,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� __,,- �rmatted:Strikethrough
including dogs and cats,to go unattended and without physical restraint in any other park.Pet
owners and animal handlers are responsible for cleanin�up their pet's waste and disposin o�f it
in a sanitary manner.
Subdivision 11. Climbing of Trees and On Buildings.No person shall climb any trees
or climb on any building or structure in any park.
Subdivision 12. Ot6er 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 discharge 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.
Ordinance No. 133
Page 3 of 3
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.
SecNon 5. REPEALER. Ordinance No. 115 adopted May 19th, 1981 is hereby repealed.
Ordinance No. 116 adopted May 5°i,2009 is hereby repealed.
Section 6. EF'FECTIVE 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 20th day of
November,2012.
Randall Simonson,Mayor
ATTEST:
Kristina Handt,Clerk/Administrator