HomeMy WebLinkAboutOrdinance 1594 ORDINANCE NO . AN ORDINANCE REGULATING CONDUCT IN PUBLIC PARKS IN THE CITY OF FAYETTEVILLE , ARKANSAS . WHEREAS , under the provisions of Arkansas Statutes Annotated Section 19 - 3601 the City is authorized to operate a program of pub- lic recreation and to regulate conduct and activities in city parks and the Board of Directors finds that it is in the public interest to adopt appropriate regulations for same , and to incorporate said regulations into the Fayettev= lle Code of Ordinances . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : SECTION 1 . That the Fayetteville _ Code of Ordinances is here - by amended by adding a chapter ( tentatively numbered Chapter 23 - but subject to being renumbered at the discretion of the codifier ) which Chapter shall read as follows : Chapter 23 ARTICLE I . IN GENERAL Sec , 23 - 1 , Short Title , This Ordinance shall be known and may be cited as the " Ordinance Regulating Conduct in City Parks " . Sec . 23 - 2 . Definitions . For the purposes of this Ordinance , the following terms , phrases , words , and their derivations shall have the meaning given herein . ( 1 ) " Cityllis the City of Fayetteville , Arkansas ( 2 ) " Director" is a person immediately in charge of any park area and its activities , and to whom all park attendants of such area are responsible . ( 3 ) " Park " is a park , reservation , playground , beach , recreation center or any other area in the City , owned or used by the City , and devoted to active or passive recreation ; but shall not include Lake Fayetteville and Lake Sequoyah and surround- ing premises . ( 4 ) " Person " is any person , firm , partnership , asso- ciation , corporation , company , or organization of any kind . ( 5 ) "Vehicle " is any wheeled conveyance , whether motor powered , animal-drawn , or self -propelled and shall include any trailer in tow of any size , kind or description . Exception is made for baby carriages and vehicles in the service of the CitAjC, OFILM0 parks . DATE OCT ' REED ARTICLE II . PARK PROPERTY No person in a park shall : Sec . 23- 3 . Buildings and Other Property Disfiguration and Removal . Wilfully mark , deface , disfigure , injure or tamper with any buildings , monuments , bridges , tables , benches , fireplaces , signs , public utilities or other structures or equipment , facilities , or park property or appurtenances whatsoever , either real or personal . Sec . 23- 4 . Restrooms and Washrooms . Fail to cooperate in maintaining restrooms and wash- rooms in a neat and sanitary condition . No person over the age of six ( 6 ) years shall use the restrooms and washrooms designated for the opposite sex . Sec . 23 - 5 . Removal of Natural Resources . Dig , or remove any beach sand , whether submerged or not , or any soil , rock , stones , trees , shrubs or plants , down timber or other wood or materials , or make any excavation by tool , equipment , blasting , or other means or agency , except on special written permit obtained from the City . Sec , 23- 6 . Erection of Structures . Construct or erect any building or structure of what- ever kind , whether permanent or temporary in character , or run or string any public service utility into , upon , or across such lands , except on special written permit obtained from the City . Sec , 23 - 7 . Trees , Shrubbery , Lawns . Damage , cut , climb , carve , injure , transplant or remove any tree , flower , or plant . Nor shall any person attach any rope , wire , or other contrivance to any tree or plant or in any other way injure or impair the natural beauty or usefulness of any park area . Sec . 23- 8 . Wild Animals , Birds , Fish , Etc . Hunt , molest , harm , frighten , poison , kill , trap , or remove any animal , reptile , fish , or bird ; nor remove eggs or nest , or young of any wild animal , fish , reptile , or bird . Exception to the foregoing is made in that snakes known to be deadly poisonous such as rattle snakes , moccasins , copper heads , or other deadly reptiles , may be killed on sight . ARTICLE III . SANITATION No person in a park shall : Sec . 23 -9 . Pollution of waters . Throw , discharge , or otherwise place or cause to be placed in the waters of any fountain , pond , lake , stream , or other body of water in or adjacent to any park or any tributary , stream , storm sewer , or drain flowing into such waters , any substance which will or may result in the pollution of said waters . Sec . 23- 10 . Refuse and Trash . Have brought into a park any refuse or other trash . Nor shall any refuse or other trash be left anywhere on the grounds thereof , but shall be placed in proper receptacles where provided . Where such recepticles are not so provided , all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere . ARTICLE IV . TRAFFIC No person in a park shall : Sec . 23- 11 . State and City Motor Vehicle Laws . Fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to equipment and operation of vehicles together with such applicable regulations as are contained in this chapter and Chapter 19 of this Code of Ordinances . Sec . 23 - 12 . Speed of Vehicles . Ride or drive a vehicle at a rate of speed exceeding ten ( 10 ) miles per hour , except upon such roads as the City may designate , by posted signs , for speedier travel . Sec . 23- 13 . Parking . Park a h ' c a in other than an .established or designated park- ing area , a ss also be in accordance with the provisions of Chap- ter 19 of thi Code of Ordinances . Sec , 23-14 . Closing Hour . Enter , operate , park , leave or abandon a vehicle within a park after the closing hour of 11 : 00 P . M . Sec . 23- 15 . ' Bicycles and Motor Bikes . Ride , drive , operate or push a bicycle or motor bike on other than a paved vehicular road or path designated for that purpose . ARTICLE V . RECREATIONAL ACTIVITIES No person in a park shall : Sec . 23 - 16 . Bathing and Swimming . Swim , bathe , or wade in any waters or water-ways in any park , except in such waters as are provided therefor and except during suchhours of the day as shall be designated by the City . Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing , or congregate thereat when such activity is prohibited by the City upon a finding that such use of the water would be dangerous or otherwise inadvisable . Sec . 23- 17 . Bath Houses . Dress or undress in any vehicle , toilet or other place , except in such bathing houses or structures as may be provided for that purpose . Sec . 23 - 18 . Hunting and Firearms . Hunt , trap or pursue wild life at any time . No person shall use , carry , or possess firearms of any description , or air-rifles , spring-guns , slings , traps , or other weapons or devices potentially inimical to wild life and dangerous to human safety . Bows and arrows will be permitted on archery ranges so designated and supervised by the City . Sec , 23 - 19 . Picnic and Recreational Facilities . ( A) Regulated Picnic or lunch in a place other than those designated for that purpose . Use any portion of the picnic areas , picnic facilities , structures , or park recreational facilities to the exclusion of other persons , nor shall any person use such areas and facilities for an unreasonable time if the facilities are crowded . Use of indi - vidual fireplaces , tables , benches , and recreational facilities will generally follow the rule of " First come , first served " . ( B ) Duty of Picnicker Leave a picnic area before the fire is completely extin- guished and before all trash in the nature of boxes , cans , bottles , garbage and other refuse is placed in the disposal receptacles where provided . Where no such trash receptacles are available , then refuse and trash shall be carried away from the park area by the pic- nicker to be properly disposed of elsewhere . Sec . 23 -20 . Camping . Set up or use tents , shacks , or any other temporary shelter for the purpose of overnight camping , nor shall any person bring in or leave in a City park after closing hours any structure or vehicle to be used or that could be used for such purpose , such as house -trailor , camp- trailor , camp-wagon or the like . Sec . 23 -21 . Games and Recreation . Gamble , or participate in or abet any game of chance . Nor shall any person take part in or abet the playing of other forms of recreation except in areas set apart for or conducive to the particular form of recreation . Sec . 23 -22 , Horseback Riding . Ride a horse except on designated bridle trails . Where per- mitted , horses shall be thoroughly broken- and properly restrained and ridden with due care , and shall not be allowed to graze or go unattended , nor shall they be hitched to any rock , tree or shurb . ARTICLE VI . BEHAVIOR . No person in a park shall : Sec . 23 -23 . Intoxicating Beverages . Bring into or consume alcoholic beverages within a City park . Nor shall any person enter a park when under the influence of in - toxicating beverages . Sec . 23 -24 . Fireworks and Explosives . Bring in , explode or cause to be exploded , discharge or burn any firecrackers , torpedos , skyrockets , roman candles or other fireworks , explosives or inflammable materials without having first obtained prior written consent pursuant to the requirements of Sec- tion 9- 27 of this Code of Ordinances . Sec . 23 -25 . Alms . Shall solicit . alms or contributions for any purpose , whether public or private . Sec . 23-26 . Fires . Build or attempt to build a fire except in fireplaces or fac- ilities so designed for such use , nor leave any fire unattended . No person shall drop , throw , or otherwise scatter lighted matches , burning cigarettes , or cigars , tobacco paper or other inflammable material within any park area or on any highway , road or street abutting or contiguous thereto . Sec . 23- 27 , Closed Areas . Enter an area posted as " Closed to the Public " , nor shall any person use , or abet the use of any area in violation of posted notices . Sec . 23- 28 . Going Onto Ice . Go onto the ice on any of the waters except such areas as are designated as skating fields , and provided a safety signal is displayed . ARTICLE VII . MERCHANDISING , ADVERTISING & SIGNS No person in a park shall : Sec . 23 - 29 . Vending and Peddling . Expose or offer for sale any article or thing , nor shall he station or place any stand , cart , or vehicle for the trans - portation , sale or display of any such article or thing . Excep- tion is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the City . Sec , 23- 30 , Advertising . Announce , advertise , or call the public attention in any way to any article or service for sale or hire . Sec . 23- 31 . Signs . Paste , glue , tack , or otherwise post any sign , placard , advertisement , or inscription whatever , nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park . ARTICLE VIII . PARK OPERATING POLICY Sec , 23 - 32 , Operation . Except for unusual and unforseen emergencies , city parks shall be open to the public every day of the year from daylight until 11 : 00 P . M . Any section or part of any park may be declared closed to the public by the City or its duly authorized representa- tive at any time and for any interval of time . Sec . 23- 33 , Enforcement . The Dietor , park attendants and City police shall in connection wit official duties diligently enforce the provisions of this Ordinance . SECTION 2 . That Section 19- 129 of the Fayetteville Code of Ordinances is hereby amended by deleting the words " 12 : 00 mid- night " in the last sentence of said section and inserting in place of said words the following words : " 11 : 00 P . M . " . SECTION 3 . That penalties for violation of this ordinance shall be as provided in Section 1- 5 of the Fayetteville Code of Ordinances . SECTION 4 . That this ordinance shall be in full force and effect from and after its passage , approval and /publication : . PASSED AND APPROVED this day of . . (� , 1968 . APPROVED : X1 DON TRUMBO , MAYOR ATTEST : GEORGE JV 4XVISt CITY CLERK i TRi STATE of ARKANSAS Jt ss. County of Washington . . - zNE lV �--C- _..�.__...__..___ . . _ hereby certify that I am the ( G coral Mansgaa) of THE NORTHWEST ARKANSAS TIMES, *` a daily newspaper having a second class mailing privilege, and being not ` less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of - . business to subscribers and readers generally of all classes in the City & County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months ; and that the said newspaper publishers an average of more than forty percent news matter. I further certify that the legal notice hereto attached in the matter of was published in the regular daily issue of said newspaper for--` oeeeemMe insertions as follows:: The first insertion on the day of the second insertion on the _____—___.....__.______.__ day of ____f--______..._ 19—_— the third insertion on the ------------......___------- day of 19 and the fourth insertion on the _.._._.._________ day of —______ 19__.. Sworn to and subscribed before me on this ___ "day'of :_=-�J—_ -----------C/ ---------- 19_/B [1p o N ary Public y Commission Expires : Fees for Printing ___ $_sJ 9----- Cost 1Cost of Proof ________ $ _ Total _—_ $a7__Q_, - ing ORDINANCE NO. 1W t"a ret any rau kind Or et r _ � whatever kind AN ORDINANCE REGULATING whet Of or temporar CONDUCT IN PUBLIC PARKS IN in Nit tin or string ar I . I 'it's + n fire , THE CITY OF FAYE TEVILLE, public service udliU- into, up^ -'• cop. lo etre of facilities so ARKANSAS. aF acroas such lands. except iaafgna.d fOr rise, nor leaVe � WHEREAS, under the pyrovisions Rpeoial written permit obtair. - H'W'+r a+•'- - �a - -r. *1 On 'aim, No r ;non �[� Atkarras Statutes Aaaoiated m the City trap rr Dunth ay td '1f4 at hal- *TOP. throw, or otherwise little. No person* shall use car- wetter lighted i tches burning Section 19-3601 jpa ,CtSy fs an bee- 23-7. Trces, Shrubbery, . g . thorized to open a nvoil l Of lawns. IT posame firearms of any de- etliarette6. alCigar tobacco paper puhl+ . recreatio to Faguiate Damage, mi. climb, carve, ar tion, or air ri es, spr ng guns, ar other mflemi is h:e material with- ' nd and 1 'ift� dry jute, transplant or remote any' g traps, r weapp ns or it any Park area or On any high- y. :ks and the O(-7 sea• flower, or plant. Noe shill ices potenti 17 ini4Ii27 to wild say, road or street abutting or ¢ - and d ngerc to heman safe- , or•tigtmus thereto. t oda that ii is in able triter- any person attach any rope, .wire. est to adopt atip1011r1ate rOCBY• or other contrivance to any tree Boos anti rrous ; �,III tie per- bee 23-27. Cmsed Areas. tions for sap+e. and to incnrpoSa.fR or Plant or in any other way Ut• bred on rcherY radlk'e al desig- Enter an area posted as "Cloned said regaileIafnfm into the FayenaisII jure or impair the. natural beauty ted and sop rvised jr' the City. to the PunIM nor shall any per- Ville Code Ip,D �sp Vaistfulness of any Park area. t 22- 111 1 son Recrca- unl time, of abet the rue of any pp((,, ppaaMdrIs a eat-. 23-9. Wild Animals, Birds, Fish, tonal Faci i)t area in via tion of posted notices. NOW, TITEREFOIPF. BF, TT filet kPi ���, - _ -..-� , _ fAl Rt Rulai 5< 3-+a L Onto Itt, ➢AWED' O THD BOARD F g Hunt. molest• harm, frighten. Picnic or I r, ins place other Go onto the tee o4 any of the RECTORS OF THF CITY OF i C icon kill, tri or remove an than this, de rg for that r waters except such ETT LE ARKANSAS: pD P Y Pu P areas as are SECTI�N t That the Fa animal, reptile. fish, or bird: noel pane Use an rti0n, e[ the plc- d ignafed an skating fields, and elite Co e f bid n s to h remove eggs or neat, or young o( ' me are pi rid xaellties drui. i r tilled a safety signal is dia- :, mm�ded 1 ids R hal err any wild anitnal, fish, reptile, or lutes or park opal facilt• I I ed. tat:ycly i c-ul h. pier - tom{, bud. Exception to the foregoing is ' ties to the ext1l ( giber per- ARTICLE VII. MNLCNANDIgIMG. but subject to being Tennrob made in that snakes known to be son nor shall an9 use such , ADVERTISING A SIGNS at the discretion of the rodif(gt' deadly poisonous such as rattle :.rcu and facth i aD unrea-. No p• rsot r a lark shi ll which Chapter shall read aa' I snakes, moccasins, copper heads, -console rule it the f�tifities are Se . 22-29. V-eul ag and Peldlmc. or other deadly reptiles, may be �r'rowded, [3a oto lndpikt Vu@q1 fire- ' Expose or of -r for sale any :ati- lows A killed on sight. places, fah e5; h U. reere- cle or thing, nor shall he station Chapter IN 27 ARTICLE 111. SANITATION al 'onTl fa 1ties gkw pl- i or place an stand, ca ARTICLE 1• IN GEN[RAL r -v ft'ffL} 50 ��$f Y ft, or vehicle. Slee. 23-1. Short Title No person in a park shall: 'low the raR� f oatti for the triaupo�tattoo. atale or di> This Ordinance shall be known Sec. 23-9. Pollution of waters. served". PIaY of any 'eelT article or this and may be cited as the "Ordi- Throw, discharge, or otherwise (B) Dhly Exception is here made An to ( nance Regulating Conduct in City place or cause to be placed in the Let* a regularly licensed concession.an . Parks". waters of any fountain, read. lake, flFart! cc I d I acting by and under the authority Sec. 23-2. Definitions. stream, or other body of water in before t and regulation of the City. For the purposes of tkls Orli- or adjacent to any park or any yfareR atR,' Sec. 23-10. Advertising. nance, the tollow'in terms, biases tributary, stream, storm sewer, or Other attire in Announce, advertlse, or call the g q drain flowing into such waters, an ' recep 1 re ( e Public attention in any way to any words, and their derivattena •aha11 8 Y have the meauin Wvery persinI substance which will ce may re- nosue t ep ere article or service for sale or hire. (Il ' City" is thil ttity of i a , is- suit in the Pollution of mid waters. ° ' 1e• e and trash Sec. 23-31. Signs. villa. ALisaWs. Sec. 23-30. Refuse and Trash. all be cAtria ! ay from the Perste, glue, tack, or otherwise l n im- Have brou ht into a Park an perk lies by=. t icnicker to be post any sign, Placard, advertfae- (2) "Director" i¢' a Persian q Da y ro ly d�'spOs of elsewhere. Invent, or inscription whatever, nor mediately M. char'[vi of any refuse or other trash. Nor shall .i park area �.pd Its activities, any refuse or other trash be left c�-20. Cpnipilltg. shall any Person erect or cause to and to wteeM 'tall 'park at- anywhere on the grounds thereof, Set op or. psetltents, shacks, or be erected any sign whatever on levdants of ss(c0 area . ate re- but shall be placed in proper re. any ar jeRlporary shelter for any Public lands or highways or sponsible. ceptacles where provided. Where nor the e_d'rpoee• Of overnight camping, roads ARTICLE tvl'Ipa PARK (3) • Park" .ls a .park. Tem !"at- such receptacles are not se pro- at person bringesin or Ilan,, , play ground, beact4 rec- tided, all such rubbish or waste 'FBa�Y al to Sec. 23-32 RATIN oPOLICY initiation rioter nr 'any other shall be carried sway from the ,'^' F . e}f area , in she C4ty; owned or park by the person responsible for Used •R-baM for Except for unusual and unfore- used tin- the Citt , and des, its presence and properly disposed yDhpa�ag %DLV fiot�i-traig seen emergencies, city parks shall voted to acnes m passive rec- of elsewhere. camp-tea ler, carr p-NNagan or LIME open to the public every day of "hitch: brit- shalt not Melud/ ARTICLE IV. TRAFFIC bilks the year from daylight until ]] :00 A ( Sec. 23.21. Games and Recreation, P M. Any section or part of any geba• FVatteville and •Lek . 2 person in a park shalt: Gamble, orparticipate-In or abet P Y ark may be declared cawed to the a rwil ah antl surrounding �chicle l State and City Motor tinUr e of chance. Nor shall any public by the City or its duly au- ': tit tptLtilss'lh• 'peake art in or abet the '. thorized representatives at anytime eyeWrppp is any, person, firm. Fail to comply with all aDP71w- D y pllf ==hip, association, car. ble provisions of the state motor playing ot�1er forms of recce- and for any interval en . '+ op on, company, or organ- vehicle traffic laws in regard to niton R( �aa set apart' fl)r Sec. 23-33. Enforcement. nlon of any kind . equipment and operation of ve- or curkdu ve : ft the particular) The Director, park attendants OO form of r and City police shall an connnec- 45pr spittle" ls any wheeled con- hicles together with such applica- tion- lion with their official l duties enhance, ., 4 e e, whether motor pow- ble regulations as are contained sea n4 Ormback Riding. q , Rlde . a• t exce t on de gently enforce the provisions of 6a1ma1•drawn, or aNf. in this chapter and Chapel 1B of meted bridle tFrails. here sir- this Ordinance propelled and , shall include Illus Code o[ Ordinances. ids thoroughly SECTION 2. That Section 19-129 an trailer in tow' of any size, sec. 23-12. Speed of Vehicles. milted hones shall be lh strain lY y broken and properly restrain T the is Fayetteville a Code of Ordi- or description. EKcep- Ride or drive a vehicle at a uttd ridden wi h due care, nancw ls hereby amended b ❑e- fa mode for baby lmeet- rate of rspeedhour exceeding ten (10) t a y the ser- miles hour, except upon such shall not be allowed to graze or feting the words '12:00 midnight" I. , and vehicle Ail Dom' P P g0 � y ca of the Cityy parka. roads as the City may designate, =attended, . nor shall they be in the last sentence of said section AM1�iAt[ iihe C PROPERTY by Posted at", for speedier hitched to any rock. tree or shrub. and inserting in place of said pa person In A .pgrk Thal: travel. ARTICLIt VI, BEHAVIOR words the following words: •'11:00 See. 23-]. Huthlinga and ' OtIt!¢ Sec. 23-13. Parking. No person in a park shall: P' M " P1PypGg9gt Park a vehicle in other than an l See. _3-23, Intoxicating Beverages. SECTION 3. That Penalties for Luy�p}t�q rid �temodet. 'tWR• established or designated parking BN4L into or consume alcoholic violation of this ordinance shall be {uBy -iRarM,"vefaok)MxWjWel- tin. area, and such use shall also be in beverages within a City park. Nat las Provided in Section 1-5 of the jYre;aL tamper µyW any AyLLEs, accordance with the provisions of shall any person enter a Park w Fayetteville Code of Ordinances. mbnulltenU, hill dg ea, i ea, IChapter 19 of this Code of Ordti- undst ,ibeyn(luence of intoxicatin SECTION 4. That this ordinance benches, fire Iacd, - sigro, pdtllc notices beverages, ( shall be in full force and effect utilities or other atru<tures or Sec. 23-14. Closing Hour. Se¢ - 23--4. Fireworks A M Expl from and after its Passage, ap• ul ment facilities, or perk prop- Enter, operate, perk, leave or SIN es, . proval and publication eerrty car appurtenances whatsoever, abandon a vehicle withing a park Bring.,m• explode or cause to b!I PASSED AND APPROVE this either real or Personal. I' after the closing hour of 11:00 PM. '� exalo discharge or burn any Int day of April, 1968. ( Sec. 23-4. Restrooms and Wash- Sec. 23-15. Bicycles and Motor ' firgats rs, torpedoes, skymckcts. APPROVED: peplos Bikes. emyp-<anQlasrpr other fireworks. DON TRUMBO, Mayor l Fall to cooperate yrs ntaiatairung Ride, drive, operate oa• push a i=W w Out minable tai GEORGE P sats w out haV Sint e l GEORGE J. DAVIS, restrooms and washrooms in a neat bicycle or motor bike on other prior ten t gin City Clerk a 1-r ' and sanitary, condition. No Person than a paved vehicular road or �R -- --- - — ovet the age of six (6) years shall ' Path designied for that purpose, �e r m of SaOtla111`. B.w --- rue the resltnoma and vinshrdoms ' ARTICLE V. RECREATIONAL °( - Onimness, . designated for the Dppo.�ite sea 1 ACTIVITIES mac' l " YM• . Sec. 23-5. Removal o[ Natutal Itej No person in a park shall: Sha licit a ms nr LAn}1 ihuHnns so P r Sec. 23-16. Bathing and Swimming, yri env •'they ..ablic or prit dr Dig, or remcve any beach At waters Swim, bathe, or ways m wadeinany e, whether aubmergad•Aq ra0t. t}[, y park, mail, rock, stones. trees, a except in such waters as are pro- plants, down Limber or otllu ' w vided therefor and except during or materials. or rtlake any aii{Ipp�� such hours of the day as shall be vatfon by toot, equlpwteMI "bliOti designated by the City. Nor shall ittg, or other manor ar ; g any person frequent any waters or sept rot snectal vaitten pat f Places customarily designated fort tained from the City . purpose of swimming or bath- � . Sea ]3-f Fre. :-ot mrvcWraor congregate thereat when ' ,h activity is prohibited by the :.y upon a finding that such ieIe the water would he dangerous otherwise inadvisable. 23-17 Bath Houses Dress or undress in any vehicle, - let of tither place, except Not