5.a) Amendments to Ordinance No. 115 Establishing Rules and Regulations for Scandia Parks . ►
Meeting Date: 5/5I2009
Agenda Item: .! � )
City Council Agenda Report
City of Scandia
14727 209`h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Review proposed amendments to Ordinance No. I 15, Rules and
Regulations for use of Scandia Public Parks.
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 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.
• The Council discussed these issues at the Apri121 meeting. At that
time a concern was raised about the applicability of the ordinance to
undeveloped city park land located near the Bone Lake boat launch
(the boat launch itself is owned by the Minnesota DNR.) Some
individuals hunt on this land. Staff was directed to prepare
ordinance amendments for review at the next meeting.
• A redlined copy of Ordinance 115 is attached. The first amendment
adds a sentence to the definition of"parks"to exclude the two boat
launches, and the undeveloped Bone Lake Park.
• A second amendment is to the rule on motorized vehicles, adding
language clarifying that vehicles "as required for maintenance or
police, fire or rescue purposes" are allowed, was added at the
recommendation of the City Attorney.
• The third amendment is to Subdivision 12, Item C. Instead of
prohibiting possession of weapons, it would prohibit discharge of
weapons without a permit from the City Clerk and after approval by
the City Council. Staff was not clear whether it was the Council's
intent to continue to ban possession of weapons at certain parks or
not. As written, possession would be allowed at any site to which
the ordinance applies,but weapons could not be discharged without
a permit. �
• Ordinance 116 would be adopted and published to enact these
amendments.
Recommendation: I recommend that the Council review the proposed amendments to
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04/28/09
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Ordinance No. 115, and after making any revisions you may wish, adopt
Ordinance No. l 16 enacting the changes.
Attachments/ • Ordinance No. 1 15, redlined
Materials provided: . Draft Ordinance No. l 16
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(park rules ordinance amendments)
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04/28/09
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Proposed amendments for Council Review 5/5/09
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. For the purpose of this ordinance, "park"does
not include the Goose Lake and Log House Landin�(St. Croix)boat launch sites, and Bone Lake
Park.
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, 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 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, or as required for maintenance or for police,
fire or rescue purposes.
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Ordinance No. l 15
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Subdivision 6. Non-Motorized Vehicles. Bicycles or other non-motorized vehicles of
any type are not permitted in Wind-in-the-Pines Park.
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 harmful 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 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. CGmbing 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) Dischar�e 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 Citv 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.
Section 5. REPEALER. Ordinance No. 15 adopted May 19th, 1981 is hereby repealed.
Ordinance No. 115
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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 17th day of March,
2009.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, Clerk/Administrator
CITY OF SCANDIA
ORDINANCE NO.: 116
AN ORDINANCE AMENDING ORDINANCE NO. l 15
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. AMENDMENT. The definition of PARK contained in Section 1 of Ordinance No.
115 shall be amended to read as follows:
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. AMENDMENT. Section 2, Subdivision 5 of Ordinance No 115 shall be amended to
read as follows:
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, or as required for maintenance or for police,
fire or rescue purposes.
Section 3. AMENDMENT. Section 2, Subdivision 12 of Ordinance No. 115 shall be amended
to read as follows:
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 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.
All other provisions of Ordinance No. 115 shall remain in effect as adopted.
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Ordinance No. 1 16
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Section 4. 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 day of ,
2009.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, Clerk/Administrator