9.c) Rules and Regulations for Use of Scandia Public Parks Meeting Date: 4/21/2009
Agenda Item: ,� ,
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City Council Agenda Report
City of Scandia
14727 209`h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Discuss citizen concerns about the new Parks Rules Ordinance.
Deadline/Timeline: N/A
Background: • On March 17, 2009, the City Council adopted Ordinance No. 115
Establishing Rules and Regulations for use of Scandia Public
Parks.
• Since the ordinance was adopted, several citizens have expressed
concerns about some of the ordinance provisions; specifically,
how they apply to the two lake/river accesses owned by the city,
and the provision banning the possession of weapons in public
parks.
• Prior to adopting the ordinance, the City Council removed the
reference to "lake access" from the definition of"parks" in the
ordinance, reasoning that the ordinance would then not apply to
the Goose Lake and Log House Landing(St. Croix)boat launch
sites. However, there is still concern that because these sites are
identified as parks (in documents such as the Parks Plan) the intent
to exclude them from the ordinance(particularly from the park
hours and weapons provisions) may not be clear.
• Concern has also been raised that prohibiting the possession of
weapons on park land could cause park users to unwittingly
commit a crime. Jerry Cusick (see attached letter) has suggested
that the ordinance prohibit"discharge"but not"possession"of
weapons.
Recommendation: I recommend that the Council discuss these resident concerns and
determine whether amendment(s) to Ordinance No. 115 should be
made.
To address the concerns, a sentence could be added to the"Parks"
definition to state that "For the purpose of this ordinance, "park"
does not include the Goose Lake and Log House Landing(St. Croix)
boat launch sites. " The word "Discharge" could be substituted for
the words "Be in possession of'in Subdivision 12.c) of the ordinance.
Page 1 of 2
04/15/09
Attachments/ • Ordinance No. 115
Materials provided: . Letter dated Apri13, 2009 frOm Jerry Cusick, 15978 Scandia Trail
• Letter received Apri16, 2009 from Tommy Boesel
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(park rules ordinance concerns)
Page 2 of 2
04/15/09
CITY OF SCANDIA
ORDINANCE NO.: 115
AN ORDINANCE ESTABLISHING RULES AND REGULATIONS
FOR THE 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 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.
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 10:00 p.m. and 4:00 a.m. except with a permit
issued by the City Clerk.
Subdivision 2. Removing, Defaeing 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 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.
Ordinance No. 1 15 �
Page 2 of 3
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 or other vegetation.
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 l0. 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 gatherings of more than 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 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.
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.
Ordinance No. 1 I S
Page 3 of 3
Passed and adopted by the City Council of the City of Scandia this 17th day of March,
2009.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, Clerk/Administrator
April 3, 2009
Anne Hurlburt-City Adininistrator
City of Scandia
After reading the new park ordinance#115 I (Jerry Cusick) found a couple things that
need to be addressed. As a 23 year resident of Scandia, I along with many others use a
couple of the city owned public water accesses on a frequent basis. The activities we
engage in have never been a problem or concern. However, the new ordinance now
prohibits these very activities. Even if the intent of the ordinance was not to prohibit
certain activities, it nonetheless makes them illegal.
Here is some suggested language to clarify and no longer prohibit historical lawful
activities:
Subdivision 1. Park Hours. No person except authorized city personnel, shall enter or be
in or remain in any park (except for boat launching/removal at public water accesses and
the parking of vehicles for that puipose) between the hours of 10:00 pm and 4:00 am
except with a permit issued by the city clerk.
Subdivision 12. Other Prohibited Acts.
c)"Be in possession" replace these words with Discharge.
Discharge any gun, firearm, air gun, pellet gun, explosive,bow & arrow, or other similar
device, except for a peace officer in the.discharge of his or her duties without a pennit
issued by the City Clerk........remember the"Cleat Kids archery program that took place
on City Park property?"
If the above changes are made, the following traditional activities will no longer be
unlawful: Fishing(St Croix walleye opener will have many fisherman parking vehicles
and launching boats at Copas during the hours of l Opm to 4am....Cat fisherman also
participate in their activity at night along with other open water and ice fisherman in
general that use Goose Lake and Copas to go out fishing for various species during those
hours) These very accesses are also very popular with bow hunters and firearm hunters
participating in annual seasons for big and small game who will need to be in
"possession"of their bows or firearms.
If the changes are not made and someone, someday was to complain, law enforcement
would have to respond and take action on the violation even if it was never the intent of
the ordinance to prohibit this activity. Please consider these changes to prevent these
traditional and historical recreational users from becoming violators.
Thank You,
Jerry Cusick
15978 Scandia Trail
Scandia, MN 55073
Ph#433-5865
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To: Anne– City of Scandia � h�-'r� -- '-' " :;'��:;
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From: Tommy Boesel GI7Y OF SC�i�r��q
651-755-2197 —-------
RE: Park Ordinance
Anne
Cc: City Council
I am concerned about your new ordnance you passed about possessing firearms in
Scandia's parks because this includes the Copas landing. My family and I and many
friends use the landing for launching boats to go hunting the river and we possess
firearms as you worded it we would be breaking the law. Can you change this? Our
suggestion for this would be exclude the boat landings in Scandia for this ordnance and
we should be able to get a parking pass for the whole year unless you plan on being open
24 hours a day so we can get a pass.
Thank you,
Tommy Boesel