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HomeMy WebLinkAboutOrdinance 6415113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6415 File Number: 2021-0077 AMEND § 97.068 CAMPING PROHIBITED: AN ORDINANCE TO AMEND § 97.068 CAMPING PROHIBITED IN CHAPTER 97: PARKS AND RECREATION OF THE FAYETTEVILLE CODE TO ALLOW CAMPING IN THE FAYETTEVILLE PARKS SYSTEM IN DESIGNATED AREAS DURING SPECIAL EVENTS, RACES, AND TOURNAMENTS WITH AN APPROVED CAMPING PERMIT WHEREAS, § 97.068 of the City Code generally prohibits camping in City parks, but allows Boy Scouts and other groups who have served Park and Recreation through approved work programs to camp in a specific list of parks; and WHEREAS, the proposed amendment will continue to allow some groups like the Boy Scouts; tournament, special event, and race directors; and special event participants to camp in designated sites with permits issued by the Parks & Recreation Director but removes the specific list of parks in which camping is allowed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 97.068 Camping Prohibited enacts a new § 97.068 as follows: " No person in a park shall 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 trailer, camp trailer, camp wagon or the like without a Camping Permit approved by the Parks and Recreation Director. Boy Scouts and other groups who have served the Parks and Recreation Department Page 1 Printed on 2(19,21 Ordinance. 6415 File Number. 2021-0077 through approved work programs in parks may be permitted to camp at designated park campsites with an approved Camping Permit authorized by the Parks and Recreation Director. Tournament directors of park related sanctioned tournaments may be permitted to camp at designated tournament facility sites with an approved Camping Permit authorized by the Parks and Recreation Director. Special event and/or Race Directors and event participants may be permitted to camp at designated campsites with an approved Camping Permit authorized by the Parks and Recreation Director." PASSED and APPROVED on 2/18/2021 Attest: `` 111iiiririr,�i ��•� G� ER K T ii Kara Paxton, City Clerk Treasur=r • 9 �i, 0 COv Page 2 Printed on 2119121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2021-0077 Agenda Date: 2/16/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C.5 AMEND § 97.068 CAMPING PROHIBITED: AN ORDINANCE TO AMEND § 97.068 CAMPING PROHIBITED IN CHAPTER 97: PARKS AND RECREATION OF THE FAYETTEVILLE CODE TO ALLOW CAMPING IN THE FAYETTEVILLE PARKS SYSTEM IN DESIGNATED AREAS DURING SPECIAL EVENTS, RACES, AND TOURNAMENTS WITH AN APPROVED CAMPING PERMIT WHEREAS, § 97.068 of the City Code generally prohibits camping in City parks, but allows Boy Scouts and other groups who have served Park and Recreation through approved work programs to camp in a specific list of parks; and WHEREAS, the proposed amendment will continue to allow some groups like the Boy Scouts; tournament, special event, and race directors; and special event participants to camp in designated sites with permits issued by the Parks & Recreation Director but removes the specific list of parks in which camping is allowed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 97.068 Camping Prohibited enacts a new § 97.068 as follows: " No person in a park shall 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 trailer, camp trailer, camp wagon or the like without a Camping Permit approved by the Parks and Recreation Director. Boy Scouts and other groups who have served the Parks and Recreation Department through approved work programs in parks may be permitted to camp at designated park campsites with an approved Camping Permit authorized by the Parks and Recreation Director. Tournament directors of park related sanctioned tournaments may be permitted to camp at designated tournament facility sites with an approved Camping Permit authorized by the Parks and Recreation Director. Special event and/or Race Directors and event participants may be permitted to camp at designated campsites with an approved Camping Permit authorized by the Parks and Recreation Director." City of Fayetteville, Arkansas Page 1 Printed on 211912021 City of Fayetteville Staff Review Form Lee Farmer Submitted By 2021-0077 Legistar File ID 2/16/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/28/2021 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Amendment to § 97.068 Camping Prohibited Ordinance to allow camping in the Fayetteville parks system in designated locations for special events and sports tournaments. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ V20180321 Purchase Order Number: Previous Ordinance or Resolution # 97.068 Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE V4V ARKANSAS MEETING OF FEBRUARY 16, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Lee Farmer, Recreation Superintendent DATE: January 27, 2021 SUBJECT: Amendment to § 97.068 Camping Prohibited Ordinance to allow camping in the Fayetteville parks system in designated locations for special events and sports tournaments. RECOMMENDATION: Amendment to § 97.068 Camping Prohibited Ordinance to allow camping in the Fayetteville parks system in designated locations for special events and sports tournaments. BACKGROUND: City Council passed § 97.068 Camping Prohibited Ordinance on December 15, 2015, which does allow camping for Boy Scouts and other groups who have served Park and Recreation through approved work programs at Lake Sequoyah and Tournament Directors of related sanctioned tournaments at Walker Park horseshoe, Walker Park baseball, White River baseball, Gary Hampton softball, Regional Park soccer and baseball, and Lake Fayetteville softball. DISCUSSION: This amendment to § 97.068 Camping Prohibited Ordinance will still allow Boy Scouts and other groups who have served Parks and Recreation through approved work programs and Tournament Directors of related sanctioned tournaments the ability to camp in Fayetteville Parks. This amendment does permit Special Events and/or Race Directors and event participants to camp at designated campsites. This amendment also removes facility sites, which will give Parks and Recreation ability to allow camping in future parkland. All camping will be authorized by the Parks and Recreation Director at designated campsite locations. Camping Permits will be issued along with guidelines, trash deposits and fees. BUDGET/STAFF IMPACT: Revenues will collected that will have minimal budget impact with this ordinance amendment. Attachments: January 28 PRAB Motion Ordinance amending §97.068 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 97.068 - Camping Prohibited No person in a park shall 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 trailer, camp trailer, camp wagon or the like without a permit approved by the Parks and Recreation Director. Boy Scouts and other groups who have served the Parks and Recreation Department through approved work programs in parks may be permitted to camp at designated park campsites with an approved Camping Permit L4ke Sequoyah at the approved GaFRP60te as shown on the Fnap if uthorized by the Parks and Recreation Director. Tournament directors of park related sanctioned tournaments may be permitted to camp at the teernamentdesignated tournament facility sites with an approved Camping Permit authorized by the Parks and Recreation Director. at `^�:al e.r Rairi; use I^l^ILor Park baseball. VVh'te RiYer baseball the P�ark-s and- D'FeGtGF. Special event and/or Race Directors and event participants may be permitted to camp at designated campsites with an approved Camping Permit authorized by the Parks and Recreation Director. (Code 1965, § 17A-20; Ord. No. 1594, 4-1-68; Code 1991, §97.068; Ord. No. 5828, § 1(Exh. A), 12-15-15) CITY OF FAYETTEVILLE ARKANSAS Parks and Recreation Advisory Board January 28, 2021 4:00 PM Zoom Meeting MEETING MINUTES Members: Will Dockery (Chair), Keith Tencleve (Vice -Chair), Andrew Brink, Nicole Claesen, Julie Chambers, Joel Freund, Shay Hopper, Hugh Kincaid, Stephen Sheely City Staff: Connie Edmonston, Director; Byron Humphry, Maintenance Superintendent; Lee Farmer, Recreation Superintendent; Ted Jack, Park Planning Superintendent, Sonya Morell, Operations Assistant 1. Call to Order: Dockery called the meeting to order at 4:03 pm. 2. In Attendance: Dockery, Brink, Claesen, Sheeley, Freund, Kincaid, Tencleve, Hopper, Chambers Staff: Edmonston, Humphry, Famer, Jack PRAB Motion: Freund moved to approve the amended ordinance. Dockery seconded the motion Motion passed 6-0-0. (3 PRAB members absent) 4. Parks and Recreation Orientation Edmonston, Humphry, Farmer, and Jack gave an overview of Parks and Recreation including PRAB responsibilities, department mission, funding sources, capital projects, and an operational summary. 5. Attachments 1. § 97.068 Camping Prohibited Ordinance 2. Revised Camping Prohibited Ordinance 6. Adjournment Time: Dockery adjourned the meeting at 6:01 pm. 7. Submitted by: Lee Farmer, Recreation Superintendent PRAB minutes provides the basic discussions and motions of the PRAB meeting. For more information, please refer to the PRAB meeting video provided on the city's website. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 OF PAY ET�P J L l SRKANSP 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5828 File Number: 2015-0469 AMEND CHAPTER 97 PARKS AND RECREATION: AN ORDINANCE TO AMEND VARIOUS SECTIONS WITHIN CHAPTER 97 PARKS AND RECREATION OF THE FAYETTEVILLE CITY CODE TO ALLOW TWENTY FOUR (24) HOUR ACCESS TO SHARED USE PAVED TRAILS; TO ADD LEASH REQUIREMENTS FOR ANIMALS IN CERTAIN PARKS; TO PROHIBIT CERTAIN ACTIVITIES IN PARKS INCLUDING UNAUTHORIZED VEHICLE OPERATION AND USE OF PADDLE BOARDS ON CITY LAKES, TO ALLOW CERTAIN ACTIVITIES IN PARKS INCLUDING CAMPING, HORSEBACK RIDING, LIMITED VENDING AT PARK EVENTS, AND POSTING OF TEMPORARY SIGNS; AND TO MAKE OTHER TECHNICAL REVISIONS WHEREAS, certain sections of the Parks and Recreation chapter of the Fayetteville City Code should be updated to prohibit certain undesirable activities and to authorize certain activities that are appropriate for City parks and to make technical corrections. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby repeals various sections and subsections of Chapter 97 Parks and Recreation of the Fayetteville City Code and enacts replacement sections and subsections of Chapter 97 as shown on Exhibit "A" attached hereto. PASSED and APPROVED on 12/15/2015 Page 1 Printed on 12123115 File Number.- 2015-0469 Attest: W Lisa Branson, Deputy City Clerk IIIfill/1 J T RF q � -� '' `�S Y OF •SG��i Y_ilE -. Page 2 Printed on 12123115 Exhibit A The following sections or subsections are repealed and reenacted as shown or amended as shown. 97.015 Operating Hours (A) Except for unusual emergencies, city parks shall be open to the public every day of the year from daylight until 11:00 p.m. except Shared Use Paved Trails as designated on the Parks and Trails Interactive Map which are open 24 hours every day. Any section or part of any park may be declared closed to the public by the city or its duly authorized representative at any time and for any interval of time. (B) Parks and Recreation Staff is authorized to extend the operating hours of a park when reasonable and necessary to accommodate a tournament or special event. 97.016 Fee For City Park Athletic Facilities and Trails For Tournaments and Special Events (B) The sponsors of any tournament or special event shall pay a trash and key deposit and arrange for all necessary umpires and/or coordinators. Upon conclusion of each tournament or event, the sponsor shall restore each facility or trail to the same condition it was in prior to the tournament or event in order for deposit to be returned. 97.018 Enforcement By Director, Park Staff, And City Police The director, park staff and city police shall in connection with their official duties diligently enforce the provisions of this chapter. 97.033 Damaging Trees, Shrubs And Flowers No person except for City Park and Recreation Department employees or those authorized by the Park and Recreation Director shall damage, cut, climb, carve, injure, transplant or remove any tree, shrub or flower from a city park, nor attach any rope, wire, or other contrivance to any tree or shrub in a city park. 97.037 Refuse And Trash No person shall bring any refuse or trash into a park. Trash generated by picnicking or other activities in the park shall be placed within proper receptacles if available or carried out of the park for proper disposal. 97.038 Animals to be Leashed Owners must keep their animals on a leash in a park. Dogs are allowed to be off leash in designated dog parks and Lake Wilson Park except that all vicious animals and dangerous animals as defined and regulated in Chapter 92 Animals may never be allowed to be off leash in any City park. Owners and anyone in control of a pet shall pick up, remove and properly dispose of their pet's waste as also required by § 92.06 Animal Waste, Offensive Odors Prohibited. 97.053 Vehicles Prohibited After Closing Hours No person except City staff shall enter, operate, park, leave or abandon a vehicle within a park after the closing hour of 11:00 p.m. No person except City staff shall operate a vehicle anywhere other than on a paved vehicular road or path designated for vehicular access. 97.066 Hunting And Firearms No person in a park shall hunt, trap or pursue wildlife at any time; provided that the trapping of muskrats, beavers or other burrowing animals may be permitted on city reservoirs and waterways upon approval of the mayor for the protection of earthen dams. No person except City police and animal control officers shall use, carry, or possess firearms of any description or air rifles, spring guns, slings, traps, or other weapons or devices potentially inimical to wildlife or dangerous to human safety. Bows and arrows will be permitted on archery ranges so designated and supervised by the City. 97.067 Picnic Facilities; Duty Of Picnicker (A) No person in a park shall .use any portion of the park or 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 individual grills, tables, benches, and recreational facilities will generally follow the rule of "first come, first served" unless otherwise scheduled by the Parks and Recreation Department. 97.068 Camping Prohibited No person in a park shall 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 trailer, camp trailer, camp wagon or the like. Boy Scouts and other groups who have served the Parks and Recreation Department through approved work programs in parks may be permitted to camp at Lake Sequoyah at the approved campsite as shown on the map if authorized by the Parks and Recreation Director. Tournament Directors of park related sanctioned tournaments may be permitted to camp at the tournament facility site at Walker Park horseshoe, Walker Park baseball, White River baseball, Gary Hampton softball, Regional Park soccer and baseball, and Lake Fayetteville softball, if authorized by the Parks and Recreation Director. 97.069 Horseback Riding No person in a park shall ride a horse except on designated bridle trails approved by the Parks and Recreation Director. Where permitted, horses shall be thoroughly broken and properly restrained and ridden with due care and shall not be allowed to go unattended. 97.070 Recreational Activities At Lakes Fayetteville, Sequoyah And Wilson The first two sentences of (D) are amended as shown: (D) Fishing. All fishing shall be done only from the bank, designated docks or boat. No wading, swimming, p a d d I e boards or belly boats shall be permitted in all City Lakes. (E) Boating. A boating permit for each boat must be purchased before its use on Lake Fayetteville or Lake Sequoyah. All boats must be docked (Lake Fayetteville) or removed from the lake at closing time. No boats except those used by lake employees or the Environmental Study Center will be docked at any other location on the lake. Boating may be closed to the public by the Parks and Recreation Department during a special event that includes swimming. (F) Place of entry. All persons boating at Lake Fayetteville and Lake Sequoyah shall enter the lake only through the entrance at the lake office. Persons entering the lake property from any other location shall be considered trespassing and subject to prosecution. The following two sections of (G) are amended as shown: (G) (2) No boats shall be permitted within 500 feet of the spillway of Lake Sequoyah and Lake Fayetteville. (3) No houseboats, paddle boards, water skiing, or jet skis are permitted. (H) The last sentence of (H) is repealed 97.086 Vending And Peddling (B) Exemptions. The City's regularly licensed concessionaires acting pursuant to the authority and regulation of the City are exempt from subsection (A). Nonprofit organizations which have obtained a special events permit may sell nonalcoholic beverages, food and other approved items during an annual event. Sponsors of the Gulley Park Concerts and other Special Events offered by the Parks and Recreation Department may sell food, nonalcoholic beverages, and other approved items during the event when specifically approved by the Parks and Recreation Department Director. Approved merchandise may be sold at special events by performers and hosts if approved in advance by the Parks and Recreation Director. The Farmers' Market and its members may sell items allowed pursuant to §114.02 (C) of the Fayetteville Code on Sundays, Saturdays and one weekday within a portion of the Lake Fayetteville Park that is licensed to the Botanical Garden Society of the Ozarks (if approved by the Society) as shown on Exhibit A. Organizations the City directly funds, event sponsors and the non-profit Friends of Fayetteville Parks are allowed at no charge to setup a table to distribute information at park events upon approval of the Parks and Recreation Director. 97.088 Signs Prohibited (B) (2) Adopt -A -Park or Trail groups may post a sign while they are actively working on a park project that provides information about their organization or group. The sign must be approved in advance by the Parks and Recreation Staff. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0469 Agenda Date: 12/15/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 1 AMEND CHAPTER 97 PARKS AND RECREATION: AN ORDINANCE TO AMEND VARIOUS SECTIONS WITHIN CHAPTER 97 PARKS AND RECREATION OF THE FAYETTEVILLE CITY CODE TO ALLOW TWENTY FOUR (24) HOUR ACCESS TO SHARED USE PAVED TRAILS; TO ADD LEASH REQUIREMENTS FOR ANIMALS IN CERTAIN PARKS; TO PROHIBIT CERTAIN ACTIVITIES IN PARKS INCLUDING UNAUTHORIZED VEHICLE OPERATION AND USE OF PADDLE BOARDS ON CITY LAKES, TO ALLOW CERTAIN ACTIVITIES IN PARKS INCLUDING CAMPING, HORSEBACK RIDING, LIMITED VENDING AT PARK EVENTS, AND POSTING OF TEMPORARY SIGNS; AND TO MAKE OTHER TECHNICAL REVISIONS WHEREAS, certain sections of the Parks and Recreation chapter of the Fayetteville City Code should be updated to prohibit certain undesirable activities and to authorize certain activities that are appropriate for City parks and to make technical corrections. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby repeals various sections and subsections of Chapter 97 Parks and Recreation of the Fayetteville City Code and enacts replacement sections and subsections of Chapter 97 as shown on Exhibit "A" attached hereto. City of Fayetteville, Arkansas Page 1 Printed on 12t2312015 City of Fayetteville Staff Review Form 2016••0469 Legistar File ID 11/17/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item / Connie Edmonston 11/2/2015 Parks &Recreation Parks & Recreation Department Submitted By Submitted Date Division / Department Action Recommendation: An Ordinance to Amend Title IX General Regulations, Chapter 97 —Parks and Recreation of the City Code Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Chapter 97 Original Contract Number: Comments: Fund Project Title Y 0 Approval Date: VZU74U/7U CITY OF Ile aee ARKANSAS MEETING OF NOVEMBER 17, 2015 TO: Mayor and City Council THRU: Don Marr, Chief of Staff CITY COUNCIL AGENDA MEMO FROM: Connie Edmonston, Parks and Recreation Director DATE: November 2, 2015 SUBJECT: An Ordinance to Amend Title IX General Regulations, Chapter 97 — Parks and Recreation of the City Code RECOMMENDATION: Approval of an Ordinance to amend Title IX General Regulations, Chapter 97 — Parks and Recreation of the City Code in order to update and add clarity to the ordinance. BACKGROUND: There were sections of the Parks and Recreation General Regulations found in Chapter 97 that needed to be updated. DISCUSSION: Significant changes proposed to Chapter 97 are as follows: 97.15 Operating Hours Trails are maintained by our Parks and Recreation Department and are considered as part of our parks system. All Fayetteville parks by ordinance close at 11 pm daily and open at daylight, with the exception of Lake Fayetteville and Lake Sequoyah marinas. Our city trails serve as transportatoin corridors and 24-hour access is needed for trail users to reach destinations regardless of the time -of -day. The amendment distinguises Shared Use Paved Trails to be open 24 hours every day instead of closing at 11 p.m. when the city parks close. The Shared Use Paved Trails will be designated on the Parks and Trails Interactive Map on our City's website. The GIS map will show the trails that are open 24 hours per day in a specific color and all other trails closing at 11:00 pm in another color. Trails located within city parks and short distant trails would close at 11:00 p.m. These trails would be added to the map to be open 24 hours per day in the future as they are further developed and linked into the overall trail system. Trails that would be open until 11:00 p.m. include Wilson Park, Gulley Park, Davis Park, Walker Park trail surrounding the Sr. Adult Center, Holland Park, Raven Trail, Gulley Park's trail on Azalea Terrace, Clabber Creek Trail, and Hamstring Creek Trail. All nature trails are open daylight until 11 pm. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 97.038 Animals to be Leashed Added the section to keep animals on a leash in parks (except the designated dog parks and Lake Wilson Park) and for pet owners to pick-up after their animal. This item is also covered in the City Code under Chapter 92 Animals; however, it will be beneficial to include it in the Parks Ordinances since it is a major problem in our parks. 97.66 Hunting and Firearms Added beavers to the list of muskrats and other burrowing animals that may be permitted to be trapped on city reservoirs and waterways upon approval of the mayor for the protection of earthen dams. Waterways was also added. 97.68 Camping Prohibited Added language to permit camping in the designated campsite location at Lake Sequoyah Park upon authorization by the Parks and Recreation Director for Boy Scouts and groups that assist the Parks and Recreation Department on park projects and other approved work programs within our parks. This would be used for events such as Boy Scout Troops who host a work day in the park and then camp to receive their badges. Tournament Directors for sanction tournaments such as softball, baseball, soccer or horseshoe would be allowed to camp by their facility site at Walker Park, White River, Gary Hampton, Lake Fayetteville, or Regional Parks in which extra security is needed and storage for tournament supplies. The RV or camper also allows a place for meetings during the tournament. Prior authorization by the Parks and Recreation Director is required. 97.69 Horseback Riding Combs Park was omitted as a horseback riding trail due to the close proximity of the model airplane club. Designated bridle trails will be added to our parks system where appropriate and safe, and as approved by the Parks and Recreation Director. 97.70 Recreation Activities at Lakes Fayetteville, Sequoyah and Wilson (C) There are no boat docks at Lake Sequoyah, therefore it was omitted from the ordinance to reflect there are boat docks for stall rental only at Lake Fayetteville. (D) Added that fishing is also permitted on designated docks at Lake Fayetteville. Docks used for rental boat stalls are excluded from being used as a fishing dock. Wading, swimming or belly boats are not permitted on our lakes. Paddle boards were added to the list because of the no swimming/wading policy, water quality, and the size of the lake and launching area in respect to the logistics of paddle boarding. Paddle board users have a high probability of entering the water. (E) The public schools utilizes a pontoon boat as part of their educational program and are allowed to dock their boat at the Lake Fayetteville Environmental Study Center. (H) Since camping is allowed at Lake Sequoyah Park for Boy Scouts and other groups with approved work projects in our parks, the exact wording from section 97.68 — Camping Prohibited was added to this section relating to recreational activities allowed at our three lake properties. 97.85 Vending and Peddling This section was modified to accommodate sponsors of the Gulley Park Concerts, as well as Special Events offered by the Parks and Recreation Department. Language was added to approve for performers and host to sell approved merchandise at special events that are approved in advance by the Parks and Recreation Director. It was further added to allow organizations the City directly funds, event sponsors and the non-profit Friends of Fayetteville Parks to setup a table and distribute information at park events at no charge if approved by the Parks and Recreation Director. 97.88 Signs Prohibited Allows Adopt -A -Park or Trail groups to post a sign while they are actively working on a park project that provides information about their organization or group. The signs must be approved in advance by staff. In addition, minor technical or stylistic changes were made in Chapter 97.16 (B); 97.18; 97.53; 97.67 (A); 97.70 (F) (G); 97.82 (B); 97.85. BUDGET/STAFF IMPACT: None. Attachments: Chapter 97 Strike -outs Lake Sequoyah approved campsite locations map Staff Review Form TITLE IX GENERAL REGULATIONS CHAPTER 97: PARKS AND RECREATION ARTICLE I GENERAL PROVISIONS 97.001 DEFINITIONS...................................................................................................................................3 97.002-97.014 RESERVED...........................................................................................................................3 ARTICLE 11 PARK OPERATIONS; ADMINISTRATION AND ENFORCEMENT 97.15 OPERATING HOURS......................................................................................................................3 97.16 FEE FOR CITY PARK ATHLETIC FACILITIES AND TRAILS FOR TOURNAMENTS AND SPECIALEVENTS..........................................................................................................................3 97.17 FEES FOR CITY SWIMMING POOLS.............................................................................................3 97.18 ENFORCEMENT BY DIRECTOR, PARK ATTENDANTS STAFF, AND CITY POLICE.................3 97.019-97.029 RESERVED...........................................................................................................................3 ARTICLE III CARE OF PARK PROPERTY 97.30 BUILDINGS AND OTHER PROPERTY..........................................................................................4 97.31 RESTROOMS AND WASHROOMS................................................................................................4 97.32 REMOVAL OF NATURAL RESOURCES.......................................................................................4 97.33 DAMAGING TREES, SHRUBBERY AND THE LIKE......................................................................4 97.34 POLLUTION OF WATER................................................................................................................4 97.35 WILD ANIMALS, BIRDS, FISH, AND THE LIKE............................................................................4 97.36 ERECTION OF STRUCTURES.......................................................................................................4 97.37 REFUSE AND TRASH.....................................................................................................................4 97.038- Animals to be Leashed 97039 - 97.049 RESERVED..........................................................................................................................4 ARTICLE IV TRAFFIC RULES 97.50 COMPLIANCE WITH STATE AND CITY MOTOR VEHICLE LAWS REQUIRED ..........................5 97.51 SPEED OF VEHICLES....................................................................................................................5 97.52 PARKING.........................................................................................................................................5 97.53 VEHICLES PROHIBITED AFTER CLOSING HOURS....................................................................5 97.54 BICYCLES, MOTORBIKES, SKATEBOARDS AND THE LIKE.....................................................5 CD97:1 FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS 97.055-97.064 RESERVED...........................................................................................................................5 ARTICLE V RECREATIONAL ACTIVITIES 97.65 BATHING AND SWIMMING; BATHHOUSES.................................................................................5 97.66 HUNTING AND FIREARMS..................................................................................................................5 97.67 PICNIC FACILITIES; DUTY OF PICNICKER..................................................................................5 97.68 CAMPING PROHIBITED.................................................................................................................6 97.69 HORSEBACK RIDING.....................................................................................................................6 97.70 RECREATIONAL ACTIVITIES AT LAKES FAYETTEVILLE, SEQUOYAH AND WILSON ........... 6 97.71 FAYETTEVILLE SPECIAL USE PERMIT FOR EVENTS THAT INCLUDE A SWIMMING COMPONENT.................................................................................................................................. 8 97-072-97.079 RESERVED.......................................................................................................................... 8 ARTICLE VI CONDUCT IN PARKS 97.80 GAMBLING PROHIBITED; RECREATIONAL ACTIVITIES TO TAKE PLACE ONLY IN SUITABLEAREAS..........................................................................................................................8 97.81 INTOXICATING BEVERAGES.............................................................................................................9 97.82 FIRES; FIREWORKS AND EXPLOSIVES...................................................................................... 9 97.83 SOLICITING ALMS..........................................................................................................................9 97.84 ENTERING CLOSED AREAS.........................................................................................................9 97.85 GOING ONTO ICE...........................................................................................................................9 97.86 VENDING AND PEDDLING.............................................................................................................9 97.87 ADVERTISING PROHIBITED........................................................................................................10 97.88 SIGNS PROHIBITED.....................................................................................................................10 97.89-97.998 RESERVED........................................................................................................................16 97.999 PENALTY.......................................................................................................................................16 CD97:2 FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS CHAPTER 97: PARKS AND RECREATION ARTICLE I GENERAL PROVISIONS 97.001 Definitions For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. City. The City of Fayetteville, Arkansas Director. A person immediately in charge of any park area and its activities, and to whom all park attendants of such area are responsible. Park. 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. Person. • Any person, firm, partnership, association, corporation, company, or organization of any kind. tournament or special event. (Code 1965, §17A-32; Ord. No. 1594, 4-1-68, Code 1991, §97.015; Ord. 5501, 6-5-12) 97.16 Fee For City Park Athletic Facilities and Trails For Tournaments and Special Events (A) Vehicle. 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 city parks. (B) (Code 1965, §17-A-1; Ord. No. 1594, 4-1-68; Code 1991, §97.001) (Code 1965, §17A-2, Ord. No. 1594, 4-1-68; Code 1991, §97.002) 97.002-97.014 Reserved ARTICLE II PARK OPERATIONS; ADMINISTRATION AND ENFORCEMENT 97.15 Operating Hours (A) Except for unusual a R d URWFeGeen emergencies, city parks shall be open to the public every day of the year from daylight until 11:00 p.m. except Shared Use Paved Trails as designated on the Parks and Trails Interactive Map which are open 24 hours every day. Any section or part of any park may be declared closed to the public by the city or its duly authorized representative at any time and for any interval of time. Parks and Recreation Staff is authorized to extend the operating hours of a park when reasonable and necessary to accommodate a CD97:3 For the use of City Park Athletic Facilities or City Trails for Tournaments and Special Events, the Mayor shall establish fees to be charged to defray the costs of event setup, maintenance, trash pickup and removal, equipment use, water, and electricity. Fayetteville Trails will remain open to the public, with the exception of annual events approved by the City and operated by non- profit entities and events organized in conjunction with the City of Fayetteville. Trails and park areas shall not be closed more than 4 hours at any time unless approved by the Mayor. The sponsors of any tournament or special event shall pay a trash and key deposit and arrange for all necessary umpires and/or coordinators. Upon conclusion of each tournament or event, the sponsor shall restore each facility or trail to the same condition it was in prior to the tournament or event in order for deposit to be returned. (Code 1965, §2-100; Ord. No. 2714, 4-7-81; Ord. No. 4115, 8-18-98; Code 1991, §97.016; Ord. 5681, 4-15- 14) Cross references) --Penalty, §97.999. 97.17 Fees For City Swimming Pools Upon the recommendation of the Parks and Recreation Advisory Board, the mayor, or his/her designee, shall establish and make periodic adjustments to the schedule of fees charged for the use of city swimming pools. (Ord. No. 4371, 2-19-02; Code 1991, §97.017) 97.18 Enforcement By Director, Park Aunts Staff, And City Police The director, park attendants staff and city police shall in connection with their official duties diligently enforce the provisions of this chapter. (Code 1965, 17A-33; Ord. No. 1594, 4-1-68; Code 1991, §97.018) 97.019-97.029 Reserved FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS ARTICLE III CARE OF PARK PROPERTY 97.30 Buildings And Other Property No person in a park shall w i l l f u l l y 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. (Code 1965, §17A-3; Ord. No. 1594, 4-1-68; Code 1991,§97.030) Cross reference(s)--Penalty, §97.999. 97.31 Restrooms And Washrooms No person in a park shall fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the restrooms and washrooms designated for the opposite sex. (Code 1965, §17A-4; Ord. No. 1594, 4-1-68; Code 1991, §97.031) Cross reference(s)--Penalty, §97.999. 97.32 Removal Of Natural Resources No person in a park shall dig, or remove any 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. (Code 1965, §17A-5; Ord. No. 1594, 4-1-68; Code 1991, §97.032) Cross reference(s)--Penalty, §97.999. 97.33 Damaging Trees, Shrubbery And The Like No person in a park shall 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. (Code 1965, §17A-7; Ord. No. 1594, 4-1-68; Code 1991, §97.033) Cross reference(s)--Penalty, §97.999. 97.34 Pollution Of Water No person in a park shall throw, discharge, or CD97:4 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. (Code 1965, §17A-9; Ord. No. No. 1594, 4-1-68; Code 1991, §97.034) Cross reference(s)—Penalty, §97.999, 97.35 Wild Animals, Birds, Fish, And The Like No person in a park shall hunt, molest, harm, frighten, poison, kill, trap or remove any animal, reptile, fish, or bird; nor remove the eggs, nest or young of any wild animal, fish, reptile, or bird. (Code 1965, §17A-8; Ord. No. No. 1594, 4-1-68; Code 1991, §97.035) Cross reference(s)—Penalty, §97.999. 97.36 Erection Of Structures No person in a park shall construct or erect any building or structure of whatever 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. (Code 1965, §17A-6; Ord. No. No. 1594, 4-1-68; Code 1991, §97.036) Cross reference(s)--Penalty, §97.999. 97.37 Refuse And Trash No person in a park shall 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 such receptacles 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. (Code 1965, §17A-10; Ord. No. 1594, 4-1-68; Code 1991, §97.037) Cross reference(s)--Penalty, §97.999, 97.038 wed Animals to be Leashed Owners must keep their animals on a leash in a park. Dogs are allowed to be off leash in designated dog parks and Lake Wilson Park. Pet owners are required to pick-up their animal's excretion and properly disposed of. FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS ARTICLE IV 1991, §97.054) TRAFFIC RULES Cross reference(s)--Penalty, §97.999. 97.50 Compliance With State And City Motor Vehicle Laws Required No person in a park shall 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 Title VII of this Code of Ordinances. (Code 1965, §17A-11; Ord. No. 1594, 4-1-68; Code 1991, §97.050) Cross reference(s)--Penalty, §97.999; Title VII, Traffic Code. 97.51 Speed Of Vehicles No person in a park shall ride or drive a vehicle at a rate of speed exceeding 10 miles per hour, except upon such roads as the city may designate, by posted signs, for speedier travel. (Code 1965, §17A-12; Ord. No. No. 1594, 4-1-68; Code 1991, §97.051) Cross reference(s)--Penalty, §97.999. 97.52 Parking No person in a park shall park a vehicle in other than an established or designated parking area, and such use shall also be in accordance with the provisions of Chapter 72 of this Code of Ordinances. (Code 1965, §17A-13; Ord. No. No. 1594, 4-1-68; Code 1991, §97.052) Cross reference(s)--Penalty, §97.999; Ch. 72, Parking Regulations. 97.53 Vehicles Prohibited After Closing Hours No person in a park shall enter, operate, park, leave or abandon a vehicle within a park after the closing hour of 11:00 p.m. No person shall operate a vehicle anywhere other than on a paved vehicular road or path designated for vehicular access. (Code 1965, §17A-14; Ord. No. 1594, 4-1-68; Code 1991, §97.053) Cross reference(s)--Penalty, §97.999. 97.54 Bicycles, Motorbikes, Skateboards And The Like No person in a park shall ride, drive, operate or push a bicycle, motorbike, scooter, skateboard, roller skates and the like on other than a paved vehicular road, path, or course designated for that purpose. (Code 1965, §17A-15; Ord. No. 1594, 4-1-68; Code CD97:5 97.055-97.064 Reserved ARTICLE V RECREATIONAL ACTIVITIES 97.65 Bathing And Swimming; Bathhouses (A) No person in a park shall swim, bathe, or wade in any waters or waterways in any park, except in such waters as are provided therefor and except during such hours 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. Groups wishing to have a special event at Lake Fayetteville that includes swimming shall obtain a special use permit from the City Parks and Recreation staff, see section 97.071. (B) No person in a park shall dress or undress in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for that purpose. (Code 1965, §17A-17; Ord. No. 1594, 4-1-68; Code 1991, §97.065; Ord. 5285, 11-17-09) Cross reference(s)--Penalty, §97.999. 97.66 Hunting And Firearms No person in a park shall hunt, trap or pursue wildlife at any time; provided that the trapping of muskrats, beavers or other burrowing animals may be permitted on city reservoirs and waterways upon approval of the mayor for the protection of earthen dams. 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 wildlife and dangerous to human safety. Bows and arrows will be permitted on archery ranges so designated and supervised by the city. (Code 1965, §17A-18; Ord. No. 1594, 4-1-68: Ord. No. 1963, 11-20-73: Code 1991, §97.066) Cross reference(s)--Penalty, §97.999. 97.67 Picnic Facilities; Duty Of Picnicker (A) No person in a park shall plane other thap these desieeated fen that FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS PUFP96e, OF use any portion of the pilafs 1991, §97.069) park or 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 individual fi Fer ,tea grills, tables, benches, and recreational facilities will generally follow the rule of "first come, first served" unless scheduled by the Parks and Recreation Department. (B) No person in a park shall leave a picnic area before the fire is completely extinguished 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, the refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. (Code 1965, §17A-19; Ord. No. 1594, 4-1-68; Code 1991, §97.067) Cross reference(s)--Penaty, §97.999. 97.68 Camping Prohibited No person in a park shall 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 trailer, camp trailer, camp wagon or the like. Boy Scouts, and other groups who have served the Parks and Recreation Department through approved work programs in parks, may be permitted to camp at Lake Sequoyah at the approved campsite as shown on the map if authorized by the Parks and Recreation Director. Tournament Directors of park related sanction tournaments may be permitted to camp at the tournament facility site at Walker Park horseshoe, Walker Park baseball, White River baseball, Gary Hampton softball, Lake Fayetteville softball, and Regional Park soccer and baseball if authorized by the Parks and Recreation Director. (Code 1965, §17A-20; Ord. No. 1594, 4-1-68; Code 1991, §97.068) Cross reference(s)--Penalty, §97.999. 97.69 Horseback Riding No person in a park shall ride a horse except i R Combs P a F k or on designated bridle trails approved by the Parks and Recreation Director. Where permitted, horses shall be thoroughly broken and properly restrained and ridden with due care and shall not be allowed to ref go unattended, (Code 1965, §17A-22; Ord. No. 1594, 4-1-68; Code CD97:6 Cross reference(s)--Penalty, §97.999. 97.70 Recreational Activities At Lakes Fayetteville, Sequoyah And Wilson (A) Hours. Lake Fayetteville, Lake Sequoyah, and Lake Wilson shall be open to the general public throughout the year from sunrise to sunset daily and shall be closed each day from sunset to sunrise; provided: (1) Lake Fayetteville and Lake Sequoyah shall be closed on Thanksgiving Day and from sunset on December 23rd through January 14th. (2) The Director of the Parks and Recreation Department is authorized to extend the operating hours of a lake when reasonable and necessary to accommodate a tournament, special event, or seasonal weather conditions. (B) Permits for fishing and boating. Fishing and boating permits are required for Lake Fayetteville and Lake Sequoyah. There is no permit requirement for Lake Wilson or other Park areas containing fishable waters. (1) Permits: (a) Annual boating and fishing permit (65 and older and veterans) $40.00 (b) Annual boating and fishing permit (16-64) $50.00 (c) Daily boating and fishing permit (65 and older and veterans) $5.00 (d) Daily boating and fishing permit (16-64)$6.00 (e) Annual fishing/use permit (65 and older and veterans) $20.00 (f) Annual fishing/use permit (16-64) $30.00 (g) Daily fishing/use permit (65 and older and veterans) $2.00 (h) Daily fishing/use permit (16-64) $3.00 (i) Daily fishing/use permit (under 16 with permitted adult) Free 0) Daily Non -motorized Boating (canoes, inflatables, kayaks, paddle boats and sailboats) $ 3.00 FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS (k) Annual Non -motorized Boating check with the boat dock operator before (per patron, nontransferable) fishing. It shall be unlawful for any person $20.00 fishing to use trot lines, limb lines, cast nets, (2) Miscellaneous. yo-yo's or jug fishing. (a) Each person 16 years of age or (E) Boating. A boating permit for each boat must older is required to purchase a be purchased before its use on Lake fishing/use permit for fishing on Fayetteville or Lake Sequoyah. All boats each lake or any stream within the must be docked (Lake Fayetteville) or city owned lake property at Lake removed from the lake at closing time. No Fayetteville and Lake Sequoyah. boats except those used by lake employees or the Environmental Study Center will be (b) There will be two free fishing docked at any other location on the lake. weekends each year where City Boating may be closed to the public by the fishing/use permits will not be Parks and Recreation Department during a required. One weekend will special event that includes swimming. coincide with the Arkansas Game and Fish free fishing weekend. The (F) Place of entry. All persons boating at Lake Parks and Recreation Director will Fayetteville and Lake Sequoyah aFe warned designate the second weekend to shall enter the lake only through the annually. entrance at the lake office. Persons entering the lake property from any other location (c) A boating permit applies to the boat shall be considered trespassing and rather than the occupants thereof; subject to prosecution. however, all occupants of a boat, 16 years of age or older must (G) Use of motors on boats. purchase a fishing/use permit. Daily permits are valid only for use on the (1) In the event that motors are used on date of purchase. boats, the boats shall be operated in such a manner that they will not (d) Juveniles and their supervisors endanger other boats or the occupants shall be exempt from the boating thereof. All City Lakes are No Wake and fishing permit fee if they are Lakes. Speeding and boat racing is not part of Washington County permitted and each outboard motor government rehabilitation program operator is cautioned to operate his approved by the Director of the motor in a safe and cautious manner. Fayetteville Parks and Recreation Failure to abide by this requirement will Department for the location, date cause loss of boating permit. The dock and time of lake access. operator shall revoke the boating permit of any boat which in his judgment is (C) Boat docking. Boat docking shall be unsafe, overloaded, or operated in a permitted at the boat docks at Lake careless manner. Sid Lake Fayetteville on a space available basis to season boating and fishing (2) No boats shall be permitted within 500 permit holders for the following per boat feet of the spillway of Lake Sequoyah annual fees: and Lake Fayetteville. (1) Lake Fayetteville (3) No houseboats, paddle boards, (a) City resident $250.00 water skiing, or jet skis allowed. (b) Non-resident $325.00 (D) Fishing. All fishing shall be done only from the bank, designated docks or boat. No wading, swimming, paddle boards or belly boats shall be permitted in all City Lakes. Arkansas Game and Fish regulations shall control the number and size of fish which may be caught; however, the Fayetteville Parks and Recreation Department may provide additional limitations necessary to manage the fish population. All persons fishing at Lake Fayetteville and Lake Sequoyah should CD97:7 (4) All state laws governing boats must be complied with before using a boat on any city lake. (5) The City will not be responsible for any damage to or theft of boats, motors, or equipment. (#) Picnicking or other recreational activities. Picnicking is permitted on any part of Lake Fayetteville, Lake Sequoyah, or Lake Wilson or land surrounding said lakes, except within restricted nature areas, which are controlled by the city. only by speGial group . Boy Scouts, and FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS other groups who have served the Parks use permit issued by the Director of the City and Recreation Department through Parks and Recreation Department. Such approved work programs in parks, may be issuance will be at the sole discretion of the permitted to camp at Lake Sequoyah at the Director and should comply with the approved campsite as shown on the map if following: authorized by the Parks and Recreation Director. (1) A special event permit should be processed through the City Parks and Recreation Department at least 90 days (1) Committing nuisances. No person shall prior to the event. commit any nuisance while on Lake Fayetteville, Lake Sequoyah, and Lake (2) A water testing fee of $250 and a Wilson or any of the land surrounding the special event fee in an amount sufficient lakes belonging to the city, nor shall any to cover all City costs to administer the trash or other materials be thrown into the event shall be charged to the event lakes or left about the shore line or on the organizer for the use of the Lake premises of any lake. Fayetteville Park space and facilities. A further security deposit to ensure (J) Fishing and boating prohibited near intake complete clean up or repair of any tower. No one shall climb upon, enter, or fish damage may be required. The Director from the intake towers of the lakes. may require an event organizer to obtain sufficient liability insurance and take (K) Fishing on stream below dam. State laws measures to increase swimmers' safety. governing fishing below dams shall be applicable on city property. Fishing permits (3) The City does not warrant the safety or are required to fish in the stream on city cleanliness of any lake for swimmers. property below the dams at Lake Fayetteville Event organizers shall provide notice of and Lake Sequoyah. the inherent danger of swimming in the lake to all persons requesting to swim (L) Firearms and hunting. No firearms, hunting and shall obtain waivers of liability and or trapping will be permitted on city owned responsibility for the City of Fayetteville property at any time. from all participants. (M) Use of motor vehicles. No person at Lake (4) The City of Fayetteville reserves the Fayetteville, Lake Sequoyah, or Lake Wilson right to allow swimming only in shall drive a motor vehicle or ride a designated areas during the event and motorcycle, ATV or bicycle on other than a prohibit boating in these areas. paved vehicular road or path designated for that purpose. (5) The City of Fayetteville reserves the right to cancel previously approved (N) Revoking permits. The city shall have the special events due to unacceptable right to revoke any permit issued under this water quality, inclement weather or section if it is determined that the permittee other valid reason. willfully violated any of the provisions of this section. When a permit is revoked, there will (Ord.5285,11-17-09) be no refunds. (Code 1965, §13-12; Ord. No. 2274, 9-7-76; Ord. No. 2903, 3-1-83; Ord. No. 3164, 1-21-86; Ord. No. 3203, 8-5-86; Ord. No. 3437, 7-5-89; Ord. No. 3533, 2-19-91; Ord. No. 4168, 6-1-99; Code 1991, §97.070; Ord. 4707, 06-07-05; Ord. No. 4811, 12-20-05; Ord. 5139, 5-6-08; Ord. 5229, 3-17-09; Ord. 5285, 11-17-09; Ord. 5596, 07-02-13) Cross reference(s)--Penalty, §97.999. 97.71 Fayetteville Special Use Permit for Events that Include a Swimming Component (A) Special events that include swimming. Special events that include a swimming component, such as a triathlon, may be permitted at Lake Fayetteville with a specialCD97:8 97-072-97.079 Reserved ARTICLE VI CONDUCT IN PARKS 97.80 Gambling Prohibited; Recreational Activities To Take Place Only In Suitable Areas No person in a park shall 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. (Code 1965, §17A-21; Ord. No. 1594, 4-1-68; Code 1991, §97.080) Cross reference(s)--Penalty, §97.999 FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS 97.81 Intoxicating Beverages (a) No person in a park shall bring into or consume alcoholic beverages within a city park, nor shall any person enter a park when under the influence of intoxicating beverages. (b) Notwithstanding the above prohibition, the Botanical Garden Society of the Ozarks may allow alcoholic beverages to be served on the premises they have leased within the Lake Fayetteville park area for fundraisers, wedding receptions and other special events as long as they fully comply with all Alcohol Beverage Control requirements. (Code 1965, §17A-23; Ord. No. 1594, 4-1-68; Code 1991, §97.081; Ord. No. 4865, 05-16-06) Cross reference(s)--Penalty, §97,999. 97.82 Fires; Fireworks And Explosives (A) No person in a park shall build or attempt to build a fire except in fireplaces or facilities 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 papers or other inflammable material within any park area or on any highway, road or street abutting or contiguous thereto. (B) No person in a park shall bring in, explode or cause to be exploded, discharge or bum any firecrackers, torpedoes, skyrockets, model rockets, roman candles or other fireworks, explosives or flammable materials without having first obtained prior written consent pursuant to the requirements of §94.04. (Code 1965, §§17A-24, 17A-26, Ord. No. 1594, 4-1-68; Code 1991, §97.082) Cross reference(s)--Penalty, §97.999, Sale and use of fireworks, §94.04(B). 97.83 Soliciting Alms No person in a park shall solicit alms or contributions for any purpose, whether public or private. (Code 1965, §17A-25; Ord. No. 1594, 4-1-68; Code 1991, §97.083) Cross reference(s)--Penalty, §97.999. 97.84 Entering Closed Areas No person in a park shall enter an area posted as "Closed to the Public", nor shall any person use, CD97:9 or abet the use of, any area in violation of posted notices. (Code 1965, §17A-27; Ord. No. 1594, 4-1-68: Code 1991, §97.084) Cross reference(s)--Penalty, §97.999. 97.85 Going Onto Ice No person in a park shall go onto the ice on any of the waters e*eept SUGh—aFeas—as—are fields,desigRated as skating safety c ai is displayed. f (Code 1965, §17A-28; Ord. No. 1594, 4-1-68; Code 1991, §97.085) Cross reference(s)—Penalty, §97.999. 97.86 Vending And Peddling (A) General prohibition of selling or offering to sell items in city parks. No person or business shall, within a city park, display, offer for sale, or sell any article, thing or service, nor place any stand, cart or vehicle for the display, sale or transportation of any such article. (B) Exemptions. The City's regularly licensed concessionaires acting pursuant to the authority and regulation of the City are exempt from subsection (A). Nonprofit organizations which have obtained a special events permit may sell nonalcoholic beverages, and food and other approved items during an annual event. Sponsors of the Gulley Park Concerts and other Special Events speessFs offered by the Parks and Recreation Department may sell food, aad nonalcoholic beverages, and other approved items during the senserts event when specifically p 9 F m i t t e d approved by the Parks and Recreation Department Director. Approved merchandise may be sold at special events by performers and hosts if approved in advance by the Parks and Recreation Director. The Farmers' Market and its members may sell items allowed pursuant to §114.02 (C) of the Fayetteville Code on Sundays, Saturdays and one weekday within a portion of the Lake Fayetteville Park that is licensed to the Botanical Garden Society of the Ozarks (if approved by the Society) as shown on Exhibit A. Organizations the City directly funds, event sponsors and the non-profit Friends of Fayetteville Parks are allowed at no charge to setup a table to distribute information at park events upon approval of the Parks and Recreation Director. FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS Fanners' Market at take Fayetteville Park within Sotanical Garden leased area .: „,, r (C) Food trucks permitted pursuant to §178.05 may operate in City Parks as described below: (1) Food trucks may not locate in the same area that is actively being served by a contracted concessionaire as shown on Exhibit C during regular season Fayetteville Parks and Recreation leagues and tournaments. (2) Food trucks may locate at Gulley Park during a Gulley Park Concert or special event in other parks such as tournaments, reserved park gatherings, etc. if approved by the Parks and Recreation Director. (D) For special events, food trucks and sales of items other than food may be approved by the Parks and Recreation Director through a special event permit (Code 1965, §17A-29; Ord. No. 1594, 4-1-68; Code 1991, §97.086, Ord. 5310, 4-6-10; Ord. No. 5531, 10- 02-12:Ord. 5666, 3-18-14) Cross reference(s)--Penafty, §97.999. 97.87 Advertising Prohibited No person in a park shall announce, advertise, or call the public attention in any way to any article or service for sale or hire. (Code 1965, §17A-30; Ord. No. 1594, 4-1-68; Code 1991, §97.087) CD97:10 Cross reference(s)—Penalty, §97.999. 97.88 Signs Prohibited (A) No person in a park shall paste, glue, tack, or otherwise post any sign, placards, advertisement, or inscription whatsoever, nor shall any person erect or cause to be erected any sign whatsoever on any public lands or highways or roads adjacent to a park, except as set forth herein below. (B) Exceptions. (1) Athletic Field Signage. Signs shall be permitted on softball/baseball outfield fences and scoreboards at locations and in sizes designated by the Parks and Recreation Director. Uniform fees shall be charged dependent upon placement and size of the permitted signs. The content of the sign and whether it is commercial or non-commercial may not be considered. Designated spaces shall be sold at the established price on a first come basis. The owner of a sign at a designated location shall have first right to renew before others can purchase the size/location for a new or replacement sign. (2) Adopt -A -Park or Trail groups may post a sign while they are actively working on a park project that provides information about their organization or group. The sign must be approved in advance by the Parks and Recreation Staff. (3) Recognition Signs. Signs located in City parks or on City trails that are used for the purpose of memorializing a person or family through naming, recognition of significant donors, or recognition of contributions to the facility or amenity on which the sign is installed shall meet the following conditions: (a) Maximum Number of Recognition Signs. Most donor or honoree recognition signs shall be limited to one for the facility financed by the donor or memorializing the honoree. For a park or a major facility with more than one major entrance, a second recognition sign may be recommended by the Parks and Recreation Advisory Board and approved by the City Council. (b) Maximum Size of Recognition Signs. FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS Donor recognition signs in city parks shall be sized in accordance with Exhibit 'A', Donor Recognition Signs, unless otherwise determined by City Council Resolution. (i) Trail Recognition Signs shall not exceed four square feet for trailhead facilities. Recognition signs along the trail for park benches, etc., shall not exceed 1.5 square feet and should be incorporated within or attached to the bench or amenity sponsored by the donor. (c) Design requirements. All recognition signs must comply with the following requirements and shall adhere to the aesthetic values and design of the park or trail. (i) The recognition sign shall include only the name of the person memorialized or the name of the organization, person or business which has donated significant funds to the park facility. A company or organization logo (without company colors, any CD97:11 advertising or slogans) may be used on the sign. (ii) The design of the sign shall be incorporated into the park facility and shall be approved by the Director of Parks and Recreation who shall ensure the signs' high quality and durable construction and its consistency with other recognition signs within the park. (iii) Recognition signs shall comply with the Donor Operational Policy unless exempted by the City Council. (d) Facility Naming. The naming of facilities is permitted so long as the donor or honoree has made a significant contribution to the City, the Facility or the Parks and Recreation Department in terms of financial donations, voluntarism or dedicated public service. Final naming of facility may be as recommended by the Parks and Recreation Advisory Board with final selection and approval by the City Council. Naming of the facilities should meet the Naming Park Facilities Policy attached as Exhibit 'B', unless otherwise determined by City Council Resolution. Exhibit "A" CITY OF • Tay le ARKANSAS FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS Parks and Recreation Department Policies and Procedures Manual SUBJECT: OPERATIONS POLICY FOR DONOR RECOGNITION SIGNS NUMBER: REVISIONS: EFFECTIVE PAGE: DATE: 1 OF 1 16-16-2015 SUPERSEDES APPROVED BY: DONOR RECOGNITION SIGNS The purpose of this directive is to provide policies which will govern the naming of park facilities currently owned or acquired by the City of Fayetteville. This policy statement takes precedence over any previous policies and guidelines which may have governed the naming of these facilities. rZ011WA In order to provide important capital facilities in Fayetteville Parks, it is pragmatic in a time of shrinking public dollars to seek outside funding. It is essential to have specific boundaries and criteria in establishing fair and proper recognition of significant facility donations. This policy sets guidelines for donations within parks as well as on trails. All sign and plaque designs must be incorporated into the design of the facility. Donor recognition signs shall adhere to the aesthetic values and design of the park. Donor recognition in parks is based upon the type of facility donated. Donor recognition on trails is limited on the trailheads unless there is an educational and/or art feature that is appropriate to be displayed along the trail. Recognition signs may not be predominant within the educational and/or art component. Recognition for each donation will be determined pursuant to the Recognition for Parks and Trails Facilities Policy. Any exceptions to this policy must be approved by City Council. Park Planners have the latitude to design signs recognizing donations based on site location and donor specific criteria. Naming of facilities donated must meet the Naming Park Facilities Operational Policy unless accepted under City Council resolution. The naming proposal will be presented to the Parks and Recreation Advisory Board for their recommendation to City Council. City Council has final approval of the park facility name, including the right to approve a different name. The option for naming facilities is only permitted under the Park Facility Diamond, Platinum, Gold and Silver categories. Minor items such as trash receptacles and flower beds cannot be named. CD97:12 CITY OF T ay le ARKANSAS FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS Parks and Recreation Department Policies and Procedures Manual SUBJECT: RECOGNITION FOR PARKS AND TRAILS FACILITIES POLICY NUMBER: REVISIONS: EFFECTIVE PAGE: PRK- DATE: 1 OF 3 6-16-2015 SUPERSEDES: I APPROVED BY: RECOGNITION FOR PARKS AND TRAILS FACILITIES Bronze Category: Recognition on Donor Wall for 25 year period Donation of $25,000 up to $250,000 for park amenities. Examples include Bleachers Batting Cages Bike Racks Lighting Drinking Fountain with Dog Bowl Prefabricated Pavilion Picnic Table and Grill Art Sculpture Single Playground Apparatus (climbing rocks/swing set) Landscape Feature Size of donor wall and names to be approved by the City Council. Silver Category: Naming Rights for 10 year period Donation of 75% cost of new facility over $250,000. Examples include: Soccer Field One Mile Asphalt/Concrete Park Trail Baseball Field Small Amphitheater (seating for 150) Tennis Court Water Feature Basketball Court Parking Lot (25 cars) Disc Golf Course Greenhouse Concession Stand/Restroom Playground Park Restroom Gold Category: Naming Rights for a Field/Court/Facility for 25 year period 7771 Donation of 100% cost of new facility over $250,000. Examples include: Soccer Field One Mile Asphalt/Concrete Park Trail Baseball Field Small Amphitheater (seating for 150) Tennis Court Water Feature Basketball Court Parking Lot (25 cars) Disc Golf Course Greenhouse Concession Stand/Restroom Playground Park Restroom Dog Park Platinum Category: Naming Rights of a Complex for 30 year period Donation of $1 million up to $5 million to name a complete complex. Examples include: CD97:13 FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS Sport Complex: 4-6 field lighted complex such as softball, baseball, soccer, tennis Diamond Category: Naming Rights of a Park Donation over $5 million to name a park. RECOGNITION FOR EXISTING PARK FACILITIES Aquatic center Amphitheater- seating for 1,200 Development of a new park $200,000 per baseball or softball field for 10 years, or $350,000 for two fields $150,000 per soccer field for 10 years or $250,000 for two fields TRAIL FACILITIES Silver Category receives donor recognition of a press release, ribbon cutting ceremony, plaque constructed of high quality durable materials up to 1.5 sq ft. Trail Facilities donated in the Silver Category may only be located along trails for educational purposes or as an integral part of an art feature. Gold Category receives donor recognition of a press release, ribbon cutting ceremony, sign constructed of high quality durable materials up to 4 sq ft. Trail Facilities donated in the Gold Category may only be located at trailheads for a 25 year period and include the following: Parking Lot Pavilion City Process Restroom One Mile Asphalt/Concrete Trail 1. Parks and Recreation Staff or the Friends of Parks Board meets with donor to discuss donation including amount of donation, development of facility/amenity, recognition operational policy, naming rights (if applicable), sign appearance/style/construction, time requirements and other pertinent topics. Donor must meet the Operational Policy for Donor Recognition Signs. 2. Request is presented for approval from Parks and Recreation Advisory Board. If the facility donated is granted the option to name the facility, the name must meet Park Naming Facility Operational Policy, 3. Request presented to Planning Office for approval. 4. Request presented to City Council for final park name selection and approval. 5. All donors will have first right to re -new their naming rights for an appropriate donation upon conclusion of the time period. 6 The City will reserve the right to remove a donor's name from the facility if the City Council determines by resolution that a donor would otherwise cause undue embarrassment or other issues for the City or its citizens. CD97:14 FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS Exhibit "B" Parks and Recreation SUBJECT: CITY OF Department Policies and Procedures Manual OPERATIONS POLICY FOR NAMING PARK FACILITIES • !j Q1 le NUMBER: REVISIONS: EFFECTIVE PAGE: rj;. \,r A R K A N S A S PRK- DATE: 1 OF 1 SUPERSEDES: APPROVED BY: NAMING PARK FACILITIES The purpose of this directive is to provide policies which will govern the naming of park facilities currently owned or acquired by the City of Fayetteville. This policy statement takes precedence over any previous policies and guidelines which may have governed the naming of these facilities. Upon acquisition of a new park, the Director of Parks and Recreation will assign a nondescript temporary working name or subdivision name for the park facility to be used until park development begins. Once park development begins, the Parks and Recreation Department will receive and forward park facility name suggestions to the Parks and Recreation Advisory Board for review. The Parks and Recreation Advisory Board will discuss and approve the recommendations at their monthly meeting. Once a recommended name has been selected, the Parks and Recreation staff will forward the name to the City Council for its final park name selection including a potentially different name. The following items should be considered when proposing names for any park facilities: • Geographic location of the facility • Outstanding features of the facility • Commonly recognized historical event, group, or individual • Individual or group who contributed significantly to the acquisition or development of a facility • Individual who provided an exceptional service in the interest of the park system For an individual to be considered, the recommended name must be accompanied by a biographical sketch which provides evidence of historical significance or contributions to the Parks and Recreation Department or City of Fayetteville. The naming of plaques, markers, and memorials within park facilities must follow the policies as stated above. Note: A name recommendation from the Active Transportation Committee for trail facilities will be required prior to forwarding to the Parks and Recreation Advisory Board. CD97:15 FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS (Code 1965, §17A-31; Ord. No. 3677, §2, 3-2-93; Code 1991, §97.088; Ord. 5335, 7-20-10; Ord. 5335, 7-20-10; Ord. 5778, 6-16-15) Cross reference(s)--Penalty, §97.999. 97.89—97.998 Reserved 97.999 Penalty (A) Whoever violates any provision of this chapter for which no specific penalty is otherwise provided shall be fined not more than $500.00 or double that sum for each repetition of such offense, or violation; provided, no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. If the violation of the chapter is, in its nature, continuous in respect to time, the penalty for allowing the continuation thereof shall not exceed $250.00 for each day the same is unlawfully continued. (B) Any person violating any provision of §97.070 shall be guilty of a misdemeanor and shall be punished by a fine of not more than $500.00. (Code 1965, §§1-5, 13-12; Ord. No. 2128, 7-15-75; Ord. No. 2274, 9-7-76; Ord. No. 2903, 3-1-83; Ord. No. 3164, 1-21-86; Ord. No. 3203, 8-5-86; Code 1991, §97.999) CD97:16 M, OV HEL LAXE ST A A NA PRI* 6647 81' Apt, Or Iternate Campsite �,MWR !P Approyed.,Campsites 4" NO 1 1; 7wC t mp Z P e A Wvi I"M 'N' R, SID % zlle !IN ... ........ ........ S N 0 395 790 1,580 2,370 3,160 Approved campsite locations at Lake Sequoyah — -Feet W aim F 5J DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Paul Becker, Finance Director Connie Edmonston, Parks and Recreation Director 0 FROM: Kit Williams, City Attorne DATE: December 1, 2015 Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal RE: Revised Ordinance and Exhibit A for Parks and Recreation Chapter Attorney General Rutledge has recently released her Opinion that all exhibits to ordinances must now be published (with the exception of portions of the UDC, fire, plumbing, building codes, etc.). City Clerk Sondra Smith opined this could cost three times as much as her present newspaper publishing budget. To prevent this massive increase in publishing cost, I have requested staff to shorten exhibits to ordinances to the bare minimum. Therefore, no longer will you see the full proposed newly amended Chapter of the Fayetteville Code, but only the portions of the Chapter — sections or subsections — which have actually been amended as the exhibit to the ordinance. The staff memo will likely still show you highlighted changes and the whole new chapter as an exhibit to their memo, but not to the ordinance. I have thus revised the originally presented exhibit to the enacting ordinance which had repealed the Parks and Recreation Chapter in its entirety and enacted a replacement Chapter. This Exhibit went on for 16 pages. The new Ordinance exhibit is 2 pages long for a substantial publication cost savings for the City Clerk. Please make a motion to amend both the enacting Ordinance and its Exhibit to what is attached to this memo. You may wish to leave this proposed Ordinance on the second reading unless you are comfortable with the new format. You have seen most of the substantive changes in my November 20, 2015 memo. However, I did make a few other changes: (1) Authorizing Fayetteville Police and Animal Control Officers to carry weapons or slings and traps in our parks in § 97.066; (2) Authorizing City staff to operate and leave vehicles in City parks in § 97.053; and (3) Not repeating the permission for camping for Boy Scouts found in § 97.068 again in § 97.070 (H). K ORDINANCE NO. AN ORDINANCE TO AMEND VARIOUS SECTIONS WITHIN CHAPTER 97 PARKS AND RECREATION OF THE FAYETTEVILLE CITY CODE TO ALLOW TWENTY FOUR (24) HOUR ACCESS TO SHARED USE PAVED TRAILS; TO ADD LEASH REQUIREMENTS FOR ANIMALS IN CERTAIN PARKS; TO PROHIBIT CERTAIN ACTIVITIES IN PARKS INCLUDING UNAUTHORIZED VEHICLE OPERATION AND USE OF PADDLE BOARDS ON CITY LAKES, TO ALLOW CERTAIN ACTIVITIES IN PARKS INCLUDING CAMPING, HORSEBACK RIDING, LIMITED VENDING AT PARK EVENTS, AND POSTING OF TEMPORARY SIGNS; AND TO MAKE OTHER TECHNICAL REVISIONS WHEREAS, certain sections of the Parks and Recreation chapter of the Fayetteville City Code should be updated to prohibit certain undesirable activities and to authorize certain activities that are appropriate for City parks and to make technical corrections. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby repeals various sections and subsections of Chapter 97 Parks and Recreation of the Fayetteville City Code and enacts replacement sections and subsections of Chapter 97 as shown on Exhibit "A" attached hereto. PASSED and APPROVED this 1 st day of December, 2015. G19-" -4011/ ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Ovo Exhibit A The following sections or subsections are repealed and reenacted as shown or amended as shown: 97.015 Operating Hours (A) Except for unusual emergencies, city parks shall be open to the public every day of the year from daylight until 11:00 p.m. except Shared Use Paved Trails as designated on the Parks and Trails Interactive Map which are open 24 hours every day. Any section or part of any park may be declared closed to the public by the city or its duly authorized representative at any time and for any interval of time. (B) Parks and Recreation Staff is authorized to extend the operating hours of a park when reasonable and necessary to accommodate a tournament or special event. 97.016 Fee For City Park Athletic Facilities and Trails For Tournaments and Special Events (B) The sponsors of any tournament or special event shall pay a trash and key deposit and arrange for all necessary umpires and/or coordinators. Upon conclusion of each tournament or event, the sponsor shall restore each facility or trail to the same condition it was in prior to the tournament or event in order for deposit to be returned. 97.018 Enforcement By Director, Park Staff, And City Police The director, park staff and city police shall in connection with their official duties diligently enforce the provisions of this chapter. 97.033 Damaging Trees, Shrubs And Flowers No person except for City Park and Recreation Department employees or those authorized by the Park and Recreation Director shall damage, cut, climb, carve, injure, transplant or remove any tree, shrub or flower from a city park, nor attach any rope, wire, or other contrivance to any tree or shrub in a city park. 97.037 Refuse And Trash No person shall bring any refuse or trash into a park. Trash generated by picnicking or other activities in the park shall be placed within proper receptacles if available or carried out of the park for proper disposal. 97.038 Animals to be Leashed Owners must keep their animals on a leash in a park. Dogs are allowed to be off leash in designated dog parks and Lake Wilson Park except that all vicious animals and dangerous animals as defined and regulated in Chapter 92 Animals may never be allowed to be off leash in any City park. Owners and anyone in control of a pet shall pick up, remove and properly dispose of their pet's waste as also required by § 92.06 Animal Waste, Offensive Odors Prohibited. 97.053 Vehicles Prohibited After Closing Hours No person except City staff shall enter, operate, park, leave or abandon a vehicle within a park after the closing hour of 11:00 p.m. No person except City staff shall operate a vehicle anywhere other than on a paved vehicular road or path designated for vehicular access. 97.066 Hunting And Firearms No person in a park shall hunt, trap or pursue wildlife at any time; provided that the trapping of muskrats, beavers or other burrowing animals may be permitted on city reservoirs and waterways upon approval of the mayor for the protection of earthen dams. No person except City police and animal control officers shall use, carry, or possess firearms of any description or air rifles, spring guns, slings, traps, or other weapons or devices potentially inimical to wildlife or dangerous to human safety. Bows and arrows will be permitted on archery ranges so designated and supervised by the City. 97.067 Picnic Facilities; Duty Of Picnicker (A) No person in a park shall use any portion of the park or 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 individual grills, tables, benches, and recreational facilities will generally follow the rule of "first come, first served" unless otherwise scheduled by the Parks and Recreation Department. 97.068 Camping Prohibited No person in a park shall 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 trailer, camp trailer, camp wagon or the like. Boy Scouts and other groups who have served the Parks and Recreation Department through approved work programs in parks may be permitted to camp at Lake Sequoyah at the approved campsite as shown on the map if authorized by the Parks and Recreation Director. Tournament Directors of park related sanctioned tournaments may be permitted to camp at the tournament facility site at Walker Park horseshoe, Walker Park baseball, White River baseball, Gary Hampton softball, Regional Park soccer and baseball, and Lake Fayetteville softball, if authorized by the Parks and Recreation Director. 97.069 Horseback Riding No person in a park shall ride a horse except on designated bridle trails approved by the Parks and Recreation Director. Where permitted, horses shall be thoroughly broken and properly restrained and ridden with due care and shall not be allowed to go unattended. 97.070 Recreational Activities At Lakes Fayetteville, Sequoyah And Wilson The first two sentences of (D) are amended as shown. (D) Fishing. All fishing shall be done only from the bank, designated docks or boat. No wading, swimming, pad d I e boards or belly boats shall be permitted in all City Lakes. (E) Boating. A boating permit for each boat must be purchased before its use on Lake Fayetteville or Lake Sequoyah. All boats must be docked (Lake Fayetteville) or removed from the lake at closing time. No boats except those used by lake employees or the Environmental Study Center will be docked at any other location on the lake. Boating may be closed to the public by the Parks and Recreation Department during a special event that includes swimming. (F) Place of entry. All persons boating at Lake Fayetteville and Lake Sequoyah shall enter the lake only through the entrance at the lake office. Persons entering the lake property from any other location shall be considered trespassing and subject to prosecution. The following two sections of (G) are amended as shown: (G) (2) No boats shall be permitted within 500 feet of the spillway of Lake Sequoyah and Lake Fayetteville (3) No houseboats, paddle boards, water skiing, or jet skis are permitted. (H) The last sentence of (H) is repealed 97.086 Vending And Peddling (B) Exemptions. The City's regularly licensed concessionaires acting pursuant to the authority and regulation of the City are exempt from subsection (A). Nonprofit organizations which have obtained a special events permit may sell nonalcoholic beverages, food and other approved items during an annual event. Sponsors of the Gulley Park Concerts and other Special Events offered by the Parks and Recreation Department may sell food, nonalcoholic beverages, and other approved items during the event when specifically approved by the Parks and Recreation Department Director. Approved merchandise may be sold at special events by performers and hosts if approved in advance by the Parks and Recreation Director. The Farmers' Market and its members may sell items allowed pursuant to §114.02 (C) of the Fayetteville Code on Sundays, Saturdays and one weekday within a portion of the Lake Fayetteville Park that is licensed to the Botanical Garden Society of the Ozarks (if approved by the Society) as shown on Exhibit A. Organizations the City directly funds, event sponsors and the non-profit Friends of Fayetteville Parks are allowed at no charge to setup a table to distribute information at park events upon approval of the Parks and Recreation Director. 97.088 Signs Prohibited (B) (2) Adopt -A -Park or Trail groups may post a sign while they are actively working on a park project that provides information about their organization or group. The sign must be approved in advance by the Parks and Recreation Staff. NORTHWESTARicANs,As Democmt -0 0azefte P C;. ',-;C)X 1607, FAYF-T1 EVIL-F., AR, 72702 • 479-442-1700 • FAX: 4759-69_=a-1118 • W0JA/.NWAUG C: ��'1 RECEIVE AFFIDAVIT OF PUBLICATION JAN 0 5 2016 CITY CLERK'S OFFICES I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5828 Was inserted in the Regular Edition on: December 31, 2015 Publication Charges: $ 376.13 Subscribed and sworn to before me This 4- day of �z r . , 2016. Notary Public My Commission Expires: �I2� C=Feb20. Arkansa Notary Publi8 My Commissi024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. SEE ATTACHED ORDINANCE NO. 5828 AN ORDINANCE TO AMEND VARIOUS SECTIONS WiTHIN CHAPTER 97 PARKS AND RECREATION OF�1THE FAYETTEVILLE CITY CODE TO ALLOW TWENTYRYMjFOUR (24) HOUR ACCESS TO SHARED USE PAVED x ANSAS TRAILS; TO ADD LEASH REQUIREMENTS FOR ANIMALS IN CERTAIN PARKS; TO PROHIBIT CERTAIN ACTIVITIES IN PARKS INCLUDING UNAUTHORIZED VEHICLE OPERATION AND USE OF PADDLE BOARDS ON CiTY LAKES, TO ALLOW CERTAIN ACTIVITIES IN PARKS INCLUDING CAMPING, HORSEBACK RIDING, LIMITED VENDING AT PARK EVENTS, AND POSTING OF TEMPORARY SIGNS; AND TO MAKE OTHER TECHNICAL REVISIONS WHEREAS, certain sections of the Parks and Recreation chapter of the Fayetteville City Code should be updated to prohibit certain undesirable activities and to authorize -certain activities that are appropriate for City parks and to make technical corrections. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I That the City Council of the City of Fayetteville, Arkansas hereby repeais,various sections and subsections of Chapter 97 Parks and Recreation of the Fayetteville City Code and enacts replacement sections and subsections of Chapter 97 as shown on Exhibit "A" attached hereto. Exhibit A The following sections or subsections are repealed and reenacted as shown or amended as shown: 97.016 Operating Hours (A) Except for unusual emergencies, city parks shall be open to the public every day of the year from daylight until 11:00 p.m. except Shared Use Paved Trails as designated on the Parks and Trails Interactive Map which are open 24 hours every day. Any section or part of any park maybe declared closed to the public by the city or its duly authorized representative at any time and for any interval of time. (B) Parks and Recreation Staff is authorized to extend the operating hours of a park when reasonable and necessary to accommodate a tournament or special event. 97.016 Fee For City Park Athletic Facilities and Trails For Tournaments and Special Everts (B) The sponsors of any tournament or special event shall pay a trash and key deposit and arrange for all necessary umpires and/or coordinators. Upon conclusion of each tournament or event, the sponsor shall restore each facility or trail to the same condition it was in prior to the tournament or event in order for deposit to be returned. 97.018 Enforcement By Director, Park Staff, And City Police The director, park staff and city police shall in connection with their official duties diligently enforce the provisions of this chapter. 97.033 Damaging Trees, Shrubs And Flowers No person except for City Park and Recreation Department employees or those authorized by the Park and Recreation Director shall damage, cut, climb, carve, injure, transplant or remove any tree, shrub or flower from a city pads, nor attach any rope, wire, or other contrivance to any tree or shrub in a city park. 97.037 Refuse And Trash No person shall bring any refuse or trash into a park. Trash generated by picnicking or other activities in the park shall be placed within proper receptacles if available or carried out of the park for proper disposal 97.038 Animals to be Leashed Owners must keep their animals on a leash in a park. Dogs are allowed to be off leash in des- ignated dog parks and Lake Wilson Park except that all vicious animals and dangerous animals as defined and regulated in Chapter 92 Animals may never be allowed to be off leash in any City park. Owners and anyone in control of a pet shall pick up, remove and properly dispose of their pet's waste as also required by § 92.06 Animal Waste, Offensive Odors Prohibited. 97.053 Vehicles Prohibited After Closing Hours No person except City staff shall enter, operate, park, leave or abandon a vehicle within a park after the closing hour of 11:00 p.m. No person except City staff shall operate a vehicle anywhere other than on a paved vehicular road or path designated for vehicular access. 97.0% Hurting And Firearms No person in a park shall hunt, trap or pursue wildlife at any time; provided that the trapping of muskrats, beavers or other burrowing animals may be permitted on city reservoirs and waterways upon approval of the mayor for the protection of earthen dams. No person except City police and animal control officers shall use, carry, or possess firearms of any description or air rifles, spring guns, slings, traps, or other weapons or devices potentially inimical to wildlife or dangerous to human safety. Bows and arrows will be permitted on archery ranges so designated and supervised by the City. 97.067 Picnic Facilities; Duty Of Picnicker (A) No person in a park shall use any portion of the park or recreational facilities to the exclu- sion of other persons; nor shall any person use such areas and facilities for an unreasonable time if the facilities are crowded. Use of individual grills, tables, benches, and recreational facilities will generally follow the rule of "first come, first served" unless otherwise scheduled by the Parks and Recreation Department. 97.068 Camping Prohibited No person in a park shall 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 trailer, camp trailer, camp wagon or the like. Boy Scouts and other groups who have served the Parks and Recreation Department through approved work programs in parks may be permitted to camp at Lake Sequoyah at the approved campsite as shown on the map if authorized by the Parks and Recreation Director. Toumament-Directors of park relatedsanctioned tournaments may permitted to camp at the tournament facility site at Walker Parkhorseshoe, Walker Park baseball, White River baseball, Gary Hampton softball, Regional Park soccer and baseball, and Lake Fayetteville softball, if authorized by the Parks and Recreation Director, 97.069 Horseback Riding No person in a park shall ride A horse except on designated bridle trails approved by the Parks and Recreation Director. Where permitted, horses shall be thoroughly broken and properly restrained and ridden with due care and shall not be allowed to go unattended. 97.070 Recreational Activitles At Lakes Fayetteville, Sequoyah And Wilson The first two sentences of (D) are amended as shown: (o) Prsning. All fishing shall be done only from the -bank; designated docks or boat No wading, swimming, paddle boards or belly boats shall be permitted in all City Lakes. (E) Boating. A boating permit for each boat must be purchased before its use on Lake Fayetteville or Lake Sequoyah. All boats must be docked (Lake Fayetteville) or removed from the lake at closing time. No boats except those used by lake employees or the Environmental Study Center will be docked at any other location on the lake. Boating may be closed to the public by the Parks and Recreation Department during a special event that includes swim- ming. (F) Place of enby All persons boating at -Lake Fayetteville and Lake Sequoyah shall enter the lake only through the entrance at lake office. Persons entering the lake property from any other location shall be.considered'irespassing and subject to prosecution. The following two sections of (G) are amended as shown: (G) (2) No;boats shall be permitted within 500 teat of the spillway of Lake Sequoyah and Lake Fayetteville. (3) No houseboats, paddle boards, water skiing, or Jet skis are permitted. (H) The last sentence of (H) is repeated. 97.01% Vending And Peddling (R) Exemptions. The City's regularly licensed concessionaires acting pursuant to the authority and regulation of the City are exempt from subsection (A). Nonprofit organizations Mich have obtained a special events permit may sell nonalcoholic beverages, food and other -approved items during an annual event Sponsors of the Gulley Park Concerts and other Special Events offered by the Parks and Recreation Department may sell food, nonalcoholic beverages; and other approved items during the event when specifically approved by the Parks and Recreation Department Director: Approved merchandise may sold at special events by performers and hosts if approved in advance by the Parks and Recreation Director. The Farmers' Market and'ds members may sell items allowed pursuant to §114.62 (C) of Me Fayetteville Code on 'Sundays, Saturdays and one weekday within a portion of the Lake Fayetteville Park that: is licensed to the Botanical Garden Society of the Ozarks (d approved by Society) as shown on Exhibit A. Organizations the City directly funds, event sponsors and the non-profit Friends of Fayetteville Parks are allowed at no charge to setup a table to distribute information at paik events upon approval of the Parks and Recreation Director. 97-ON Signs Prohibited — (B) (2) Adopt-A-Park,or Trail groups may post a sign while they are actively working on.a park; project that provides information about their organization or group, The sign must be'appr= In advance by the Parks and Recreation Staff. PASSED and APPROVED this 15th day of December, 2015. — APPROVED: ATTEST: By: By. LIONELD JORDAN, Mayor LISA BRANSON, Deputy City Clerk _ . RECEIVED MAR 0 2 2021 CITY CLERK' OFFICE AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6415 Was inserted in the Regular Edition on: February 21, 2021 Publication Charges: $165.68 A4k _ SA;AL Brittany Smith Subscribed and sworn to before me This Zz- day of , 2021. Notary Public J My Commission Expires: �1�1 **NOTE** Please do not pay from Affidavit. Invoice will be sent. &MHY WILES Arkansas • Benton County Notary Public - Comm# 123971/8 My Commission Expires Feb 20, 2024 ''EIVED MAR 0 2 2021 VILLE JFFICE Ordinance: 6415 File Number: 2021-0077 AMEND § 97.068 CAMPING AN ORDINANCE TO AMEND § 97.068 CAMPING PROHIBITED IN CHAPTER 97: PARKS AND RECREATION OF THE FAYETTEVILLE CODE TO ALLOW CAMPING IN THE FAYETTEVILLE PARKS SYSTEM IN DESIGNATED AREAS DURING SPECIAL EVENTS, RACES, AND TOURNAMENTS WITH AN APPROVED CAMPING PERMIT WHEREAS, § 97.068 of the City Code generally prohibits camping in City parks, but allows Boy Scouts and other groups who have served Park and Recreation through approved work programs to camp in a specific list of parks; and WHEREAS, the proposed amendment will continue to allow some groups like the Boy Scouts; tournament, special event, and race directors; and special event participants to camp in designated sites with permits issued by the Parks & Recreation Director but removes the specific list of parks in which camping is allowed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE. ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 97.068 Camping Prohibited enacts a new § 97.068 as follows: " No person in a park shall 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 trailer, camp trailer, camp wagon or the like without a Camping Permit approved by the Parks and Recreation Director. Boy Scouts and other groups who have served the Parks and Recreation Department through approved work programs in parks may be permitted to camp at designated park campsites with an approved Camping Permit authorized by the Parks and Recreation Director. Tournament directors of park related sanctioned tournaments may be permitted to camp at designated tournament facility sites with an approved Camping Permit authorized by the Parks and Recreation Director. Special event and/or Race Directors and event participants may be permitted to camp at designated campsites with an approved Camping Permit authorized by the Parks and Recreation Director." PASSED and APPROVED on 2/18/2021 Approved: Lioneld Jordan, Mayor Atlesc Kara Paxton, City Clerk Treasurer 75394429 Feb 21,2021