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9.c) Ordinance No. 115 Establishing Rules and Regulations for Use of Scandia Public Parks Meeting Date: 3/17/2009 Agenda Item: � � � City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Consider adopting Ordinance No. 115 Establishing Rules and Regulations for use of Scandia Public Parks. Deadline/ Timeline: N/A Background: • The Park and Recreation Committee has recommended the attached ordinance, which was developed after they reviewed similar ordinances from several other communities (including Lindstrom, Forest Lake, Stillwater and Hastings.) • The ordinance would apply to all types of public parks owned by the city, including ball fields, boat launches and the community center grounds. � Scandia currently has an ordinance (No. 15) establishing hours for parks,but rio other regulations. Some rules are posted at one park (Wind in the Pines)but they are not enforceable. • The draft ordinance continues the same hours for parks (4:00 a.m. to 10:00 p.m.) for all parks. The Council may wish to consider if different hours may be appropriate for some parks (the lighted ball field, for example.) • The ordinance would require a permit issued by the City Clerk for some activities (such as erecting a tent, use of park outside of established hours, sales) and would require Council approval for gatherings of large groups (over 100 people), discharge of fireworks and any variances to the rules. • The Committee debated the rules over several meetings and was not able to reach consensus about domestic animals in parks (Section 2, Subdivision 10.) The draft allows for domestic animals under physical restraint in public parks, except for at Wind in the Pines. The existing sign prohibits dogs, but some members felt that dogs should be allowed at that park. Park Committee Vice Chair Karen Schik solicited the attached letter from the Minnesota Department of Natural Resources (DNR) regarding their concerns about horses or other pet animals in Scientific and Natural Areas (SNAs.) Wind in the Pines is adjacent to the Falls Creek SNA. Page 1 of 2 03/OS/09 • Earlier drafts of this ordinance would have prohibited alcohol (other than 3.2 beer) in all city parks. Some cities prohibit all types of alcohol in parks. The Committee deleted this provision, finding that if alcohol use became a problem, a regulation could be adopted at a later date. • The draft ordinance has been reviewed by the City Attorney. It was also reviewed by Sheriff Deputy Chris Majeski, who coinmented that the ordinance would give him some needed tools for dealing with problems in city parks. Recommendation: I recommend that the Council review the ordinance and consider adopting it after any changes you may deem necessary. Attachments/ • Draft Ordinance No. 115 Materials provided: . Ordinance No. 15 (to be repealed) � Letter dated March 2, 2009 from Ellen L. Fuge, SNA Management Supervisor, Minnesota DNR Contact(s): Alex Bildeaux, Park and Recreation Committee Chair(651 433-2121) Prepared by: Anne Hurlburt, Administrator (park rules ordinance) � Page 2 of 2 03/OS/09 CITY OF SCANDIA ORDINANCE NO.: 115 AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR USE OF SCANDIA PARKS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. DEFINITIONS. For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning: PARKS shall mean a park, playground, athletic field, lake access, 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. Section 2. RULES AND REGULATIONS FOR PARK USE. Subdivision 1. Park Hours. No person, except authorized city personnel, shall enter or be in or remain in any park between the hours of l 0:00 p.m. and 4:00 a.m. except with a permit issued by the City Clerk. Subdivision 2. Removing, Defa�ing or Destroying Property Prohibited. No person shall remove, deface, destroy, diininish 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 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 areas specifically designated or posted for their operation. Subdivision 6. Non-Motorized Vehicles. Bicycles or other non-motorized vehicles of any type are not permitted in Wind-in-the-Pines Park. � Draft Park Rules Ordinance Page 2 of 3 3/4/2009 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 owned grills that are not hannful to grass. Subdivision 8. Sale of Articles. No person shall sell any articles, or solicit for the sale thereof, in any city 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 pennit issued by the City Clerk. Subdivision 10. Animals. No domestic animals, including cats and dogs, shall be permitted within Wind-in-the-Pines Park. No person shall allow any domestic animal, including dogs and cats, to go unattended and without physical restraint in any other park 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. 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 large gatherings of over 100 people without a permit from the City Clerk and after approval by the City Council. c) Be in possession of 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. 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 section 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. Section 5. REPEALER. Ordinance No. 15 adopted May 19th, 1981 is hereby repealed. Section 6. EFFECTIVE DATE. This ordinance shall be in full force and effect upon its adoption and publication according to law. � Draft Park Rules Ordinance Page 3 of 3 3/4/2009 Passed and adopted by the City Council of the City of Scandia this day of , 2009. — Dennis D. Seefeldt, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator � ORDINANCE N0. 15 AN ORDINANCE PRONIBITING THE U5E OF SCANDIA TOWNSNIP ' PARK DURlNG CERTAIN HOURS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF 7he Town Board of Supervisors of New Scandia Township does ordain: Subdivision l . No person, except authorized township personnei , sha11 enter or be in or remain in Scandia Township Park between the hours of 10:00 p.m, and 4:00 a.m. except by special written consent of the Town Board. Subdivision 2. Any person violating this Ordinance shal ] be guilty of a petty misderneanor and shall , upon conviction thereof, be punished by a fine not to exceed $100.00. Subdivision 3. This Ordinance shall be in full force and effect •from and after its passage and publication according to law. Adopted by the Town Board of Supervisors this�'�day of May, 1981 , Russeil Jackso Chairman Atte t: Do)ores P.eterson, Clerk � NPTUBAR,�p . �"a� �' �4 • Minnesota �� 9�o Minnesota Department of Natural Resources °' � �00 lafayette Rood • St.Paul,MN • 55155-4031 � � �,�o � Scientific and Nxturtil Areas Program,Division of Ecological Resources .o �,?' Box 25 , ��"��EHT OF N�r'"F! NAPTURAL RESUUACES + 2 ; March 2,2009 ' Scandia City Council � Scandia,MN i Re: Restriction of the possession of horses or other pet animals on Scientific and Natural Areas(SNA) Mayor Seefeldt , �� ; The purpose of this letter is to ciarify the rule that restricts possession of horses or other pet animals on SNAs. � i 3 � r Minnesota Statutes 86A.05 establish SNAs as part of the outdoor recreation system to protect and j perpetuate in an undisturbed natural state those natural features which possess exceptional scientific or educational value. Tn order to meet the purpose of SNAs, and yet allow public use, ; certain restrictions have been put in place. In an attempt to limit disturbance of wildlife, � deposition of feces, and possible spread of disease, the possession of horses or other pet animals � on SNAs is prohibited. ' ; � Limiting the types of use of public areas adjacent to SNAs helps to protect the SNA frora � inadvertent violation of these rules. I would request that you consider the impacts of activities in the Wind in the Pines City Park on the Falls Creek Scientific and Natural Area. �., !;. Sincerely, `- �r � � ' ������� Elle�L.Fuge ; SNA Management Supervisor � 651-259-5094 �; i � ' � c�/ www.dnr.stote.mn.us AN EQUhL4PPORiUNITY EMPlOYER ��� PRINTED ON RECYCIED PAPER CONTAINING A MINIMUM OF 10%POST-CONSUMER WASTE Subd. S.State scientific and natural areas; p�rpose; resource and site qualifications; administration; desi nation. ----�----- -- ___ _ _ _ _---- _._ __. _ __ _ . (a) A state scientific and natural area sllall be established to protect and perpetuate in an undisturbed natural state those natural features which possess exceptional scientific or educational value. (b) No unit shall be authorized as a scientific and natural area unless its proposed location substantially satisfies the following criteria: (1) embraces natural features of exceptional scientific and educational value, including but not limited to any of the following: (i) natural formations or features which significantly illustrate geological processes; (ii) significant fossil evidence of the development of life on earth; (iii) an undisturbed plant cominunity maintaining itself under prevailing natural conditions typical of Minnesota; (iv) an ecological community significantly illustrating the process of succession and restoration to natural condition following disruptive change; (v) a habitat supporting a vanishing, rare, endangered, or restricted species of plant or animal; (vi) a relict flora or fauna persisting from an earlier period; or (vii) a seasonal haven for concentrations of birds and animals, or a vantage point for observing concentrated populations, such as a constricted migration route; and (2) embraces an area large enough to permit effective research or educational functions and to preserve the inherent natural values of the area. (c) State scientific and natural areas shall be administered by the commissioner of natural resources, in consultation with qualified persons, in a manner which is consistent with the purposes of this subdivision to preserve, perpetuate and protect from unnatural influences the scienti�c and educational resources within them. Interpretive studies may be provided for the general public. Physical development shall be limited to the facilities absolutely necessary for protection, research, and educational projects, and, where appropriate, for interpretive services. (d) An area designated as a state scientific and natural area shall not be altered in designation or use without holding a public hearing on the matter at a time and place designated in the notice of the hearing, which shall be published once in a legal newspaper in each county in which the lands 4� Subd. S.State scientific and natural areas; pw-pose; resource and site qualifications; administration; designation . (a) A state scientific and natural area shall be established to protect and perpetuate in an undisturbed natural state those natural features which possess exceptional scienti�c or educational value. (b) No unit shall be authorized as a scientific and natural area unless its proposed location substantially satisfies the following criteria: (1) embraces natural features of exceptional scientific and educational value, including but not limited to any of the following: (i) natural formations or features which significantly illustrate geological processes; (ii) significant fossil evidence of the development of life on earth; (iii) an undisturbed plant community maintaining itself under prevailing natural conditions typical of Minnesota; (iv) an ecological community significantly illustrating the process of succession and restoration to natural condition following disruptive change; (v) a habitat supporting a vanishing, rare, endangered, or restricted species of plant or animal; (vi) a relict flora or fauna persisting from an earlier period; or (vii) a seasonal haven for concentrations of birds and animals, or a vantage point for observing concentrated populations, such as a constricted migration route; and (2) embraces an area large enough to permit effective research or educational functions and to preserve the inherent natural values of the area. (c) State scientific and natural areas shall be administered by the commissioner of natural resources, in consultation with qualified persons, in a manner which is consistent with the purposes of this subdivision to preserve, perpetuate and protect from unnatural influences the scientific and educational resources within them. Interpretive studies may be provided for the general public. Physical development shall be limited to the facilities absolutely necessary for protection, research, and educational projects, and, where appropriate, for interpretive services. (d) An area designated as a state scientific and natural area shall not be altered in designation or use without holding a public hearing on the matter at a time and place designated in the notice of the hearing, which shall be published once in a legal newspaper in each county in which the lands f are situated at least seveu days in advance of the llearing. At the hearing the commissioner shall provide an opportunity for any person to be heard. The commissioner may designate these areas by written order published in the State Register. Designations are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. (e) At the discretion of the managing agency, each scientific and natural area shall be designated as one of the following types: (i) Research unit. Use is liinited to programs conducted by qualified scientists and college graduate and postgraduate students. (ii) Educational unit. Permitted uses include all activities specified in paragraph (i) above and primary, secondary, and college undergraduate programs. (iii) Public use unit. Permitted uses include all uses permitted in paragraphs (i) and (ii) above and interpretive programs for the benefit of the general public. 6136.0400 USE OF SCIENTIFIC AND NATURAL AREAS. Subpart 1. Open to the public. Each scientific and natural area designated as a public use unit as provided by Minnesota Statutes, section 86A.05, subdivision 5, is open to the public subject to the provisions of this part and part 6136.0550. Subp. 2. Environmental protection. It is unlawful for any person to destroy, injure, damage, molest, or remove any natural resources within scientific and natural areas, including but not limited to, trees; vegetation; ruins; relics; birds, fish, or other animals; or geological formations, except as provided by a permit or designation order in part 6136.0550, subpart 5 or 6. It is unlawful for any person, excepting state agents acting in their official capacity, to destroy, damage, deface, or remove any public property or private property belonging to another, including but not limited to, signs and research, testing, or monitoring equipment, within scientific and natural areas. STAT AUTH: MS s 84.03 HIST: 32 SR 724 Current as of 11/13/07 6136.0550 RESTRICTED USES AND ACTS. Subpart 1. General restrictions. The following activities are prohibited in scientific and natural areas unless specifically authorized by written permit under subpart 5 or commissioner's designation order under subpart 6: A. camping and picnicking; B. burning of any kind; � C. disposal. of garbage, refuse, sewage, or trash; D. swimming, boating, or use of any type of watercraft; E. fishing; F. hunting, trapping, or possession of an uncased or loaded firearm, an uncased and strung bow, a trap, a slingshot, or explosives; G. operation of a bicycle or motorized vehicle, except in designated parking areas; H. landing aircraft; I. possession of horses or other pet animals or allowing entry of horses or other pet animals; J. consumption of alcoholic beverages; K. commercial activities, including peddling, soliciting, and advertising; and L. private events or group activities, including orienteering, geo-caching, and athletic or social events, which are advertised or organized for purposes other than nature observation, education, or research. Subp. 2. Abaadonment. A person may not store or abandon property in a scientific and natural area. Subp. 3 . Structures. A person may not erect, construct, or maintain a dock, fence, stand; sign, post, blind, or other structure within a scientific and natural area, except stands as provided under subpart 4 and blinds in an authorized watercraft and except as provided by a permit issued under subpart 5. Subp. 4. Stands. A person may use an elevated scaffold or stand if it is removed each day at the close of shooting hours and does no damage to trees or other vegetation. A person may not use a portable stand that is nailed, spiked, or screwed into a tree or that otherwise damages the bark of a tree. A person may not use spikes, nails, steps, or other devices that are driven or screwed into trees. L� cl Anne Hurlburt r ' � From: Karen Schik [martin schik@frontiernet.net] Sent: Tuesday, March 17, 2009 9:56 AM To: Dennis Seefeldt; John Lindell; 'Pete Crum' Cc: Anne Hurlburt Subject: Rules for Wind in the Pines Park Dear Mayor Seefeldt and council members (I don't have email addresses for everyone) : City Council will be evaluating the rule regarding pets for Wind in the Pines Park, and I would like to add some information that I hope will be helpful in reaching a decision. I support continuing the "no domestic animals" rule for the following reasons: First, some facts: 1- WIP is very high quality natural area, designated by the DNR as a site of outstanding biodiversity significance. It has many uncommon and rare plant and animal species. 2- WIP has very steep slopes with highly erodible soils (Mahtomedi loamy sand, 25 to 40� slopes) . 3 - WIP has seepage areas with unusual plants, that are very susceptible to degradation from most kinds of foot traffic (human and potentially dogs) . 4- Recent studies have shown a significant negative correlation between wild animals and trails where leashed dogs are allowed. The animals stay away from the trail (Natural Areas Journal, July 2008) . 5- Dog droppings can be found on the trail today, with a posted 'No Dogs' rule. Dog droppings are an unsightly nuisance and a definite deterence to enjoyment of a park (especially if stepped in) . This is an indication that whatever rule is posted, some people will not follow it. But if dogs�are allowed, it stands to reason that a significantly greater number of people will have dogs at the park and more will be off- leash. 6- The park is adjacent to the Falls Creek SNA, where dogs are not permitted. Once in the park it is difficult to determine the boundaries. As good neighbors and stewards of the land, it would be most beneficial for the city to adopt the same rules as the SNA. 7- Biologists at the DNR have developed rules for special places such as Falls Creek and Wind in the Pines, to preserve the natural features - part of the heritage of our state. The rules were developed by people who study these plant and animal systems, who know them best and understand how they can be impacted. 8- The Scandia Park and Rec committee who first posted the park rules also understood the importance of having special places set aside, with more limitations. This rule as worked well so far - why change it? Even if kept on leashes, it seems clear that dogs have a negative impact - deterring wildlife, leaving droppings, barking, and diminishing the experience for park visitors who come to see birds, wildflowers, and experience the stillness and enchantment of the park. The DNR has found that even when bags are provided, owners do not pick up after pets, or they do and then leave the bags in the woods, where they become a source of litter and an eyesore (pers comm Ellen Fuge) . Further, there is no trash can at the park, and no current budget for one or for providing bags. And the reality is that some, perhaps many, dog owners will allow their dogs off-leash. There is no enforcement at the park. Even at the state parks, dogs are commonly seen off-leash. Off-leash at WIP means they will be chasing wildlife, trampling vegetation, racing up and down the fragile slopes, and leading their owners to follow them off trails and onto unstable soils. One visit to a dog park will show anyone the damage that dogs do to vegetation - they denude the surface. While WIP would not be a designated dog park, it could effectively be used that way. The park now has a sign from the road and is getting more and more known. Even additional human traffic brings challenges. Adding dogs - potentially a lot of dogs - 1 could literally destroy the park. Once dogs are allowed it would be VERY difficult to reverse. That the city owns such a piece of property as WIP is truly a wonderful thing. While encouraging people to experience the park, it is important to put in place necessary protective measures to retain this gem for current and future generations to enjoy. There are MANY places where Scandia residents can bring dogs. William 0'Brien is just down the road. Please allow this to remain one of the very few places that allows people a nature experience without dogs. Sincerely, Karen Schik 13860 236th St N 651-433-5254 2