Chapter 11.06
PARKS AND RECREATIONAL FACILITIES
Sections:
11.06.050 Remedies and penalties.
11.06.060 Civil penalty and statutory injunction.
11.06.010 Purpose.
The purpose of this chapter is to establish regulations for the safe, fair and efficient public use of parks and recreational facilities. (Ord. 05-12 § 4, 2005; Ord. 12-25 § 4, 2013)
11.06.015 Definitions.
The following words or phrases, when used in this chapter, shall have the meanings set forth in this section:
“Camp” means using an outdoor area or motor vehicle for sleeping or temporary living quarters, including without limitation erecting a tent or other temporary shelter.
“Park” means each of the following park or recreation areas managed or administered by the City:
A. Little Susitna River Campground and day use area;
B. Prator Lake day use area;
C. Houston/Willow Creek Multi-Use Sled Trailhead;
D. Bear Paw Park. (Ord. 05-12 § 4, 2005; Ord. 12-25 § 4, 2013; Ord. 18-08 § 4, 2018; Ord. 18-18 § 4, 2018)
11.06.025 General rules.
The following general rules govern the public use of parks:
A. No person shall cut, pick or damage trees, flowers or other vegetation in a park.
B. No person shall camp in a park except in an area and at a time designated in a permit issued by the Mayor or the Mayor’s designee.
C. No person shall light, build, use or maintain an open fire or portable camp stove in a park except in a receptacle or area designated for that use. No person shall leave an open fire or operating portable camp stove unattended. No person shall use a flammable liquid other than charcoal lighting fluid to start or accelerate a fire.
D. No person shall sell any alcoholic beverage in a park except in an area and at a time designated in a permit issued by the Mayor or the Mayor’s designee.
E. No person shall shoot a bow and arrow in a park except in an area designated for archery activities by the Mayor or the Mayor’s designee.
F. No person shall discharge fireworks in a park except in accordance with a permit issued under HMC 8.05.050.
G. No person shall operate, or stop, stand or park, a motorized vehicle in a park except:
1. In an area designed for the use, and in a manner permitted by the designation;
2. As permitted under a facility use permit issued under HMC 11.06.030; or
3. Construction, enforcement, maintenance or emergency vehicles operated by the state, the Matanuska-Susitna Borough, the City or their respective contractors.
H. Where the operation of motor vehicles is permitted in a park, motor vehicles shall be operated in accordance with posted speed limits, in a prudent and safe manner, and at a speed not exceeding five miles per hour in parking areas.
I. No person shall bring an animal into a park except:
1. An animal that is under restraint as that term is defined in HMC 6.04.010;
2. An animal that is in an area that has been posted for use by domesticated animals;
3. A guide dog while it is accompanying a blind or deaf person; or
4. An animal that is under the direct control of a peace officer or emergency responder performing official duties, and trained to assist in performing those duties.
J. A person having control or supervision of an animal that excretes feces in a park shall immediately collect and properly dispose of the feces.
K. No person shall deposit litter or waste, or water, sewage or effluent from sinks, portable toilets or other plumbing fixtures, directly upon the surface of land or water in a park.
L. No person shall swim or dive in a park except in an area designated for the activity by the Mayor or the Mayor’s designee.
M. No person shall smoke inside buildings. (Ord. 05-12 § 4, 2005; Ord. 12-25 § 4, 2013)
11.06.030 Park use permits.
Park use permits for alcohol dispensing, vendors, special uses, use of motor vehicles, fireworks, animals and camping will be issued by the Mayor or his or her designee and will address such issues as litter, sanitary facilities, damage, crowd control, traffic control, noise, hours of use, insurance and public notice. Permit fees will be established in accordance with the published City of Houston Fee Schedule. (Ord. 05-12 § 4, 2005; Ord. 12-25 § 4, 2013; Ord. 18-08 § 4, 2018)
11.06.040 Other regulations.
The Mayor is authorized to promulgate regulations, in addition to the rules stated in HMC 11.06.025, to regulate the use of recreational facilities. The regulations authorized by this particular section include, but are not limited to, establishment of hours of operation for parks and recreation facilities and closure of parks and recreation facilities for maintenance or other reasons. (Ord. 05-12 § 4, 2005; Ord. 12-25 § 4, 2013)
11.06.050 Remedies and penalties.
Remedies and penalties for violations of this chapter are as provided in Chapter 1.16 HMC.
A. The fines set forth in HMC 1.16.030 may not be judicially reduced. (Ord. 05-12 § 4, 2005; Ord. 12-25 § 4, 2013)
11.06.060 Civil penalty and statutory injunction.
Pursuant to AS 29.25.070(b), the City may institute a civil action against any person who violates any provision of this chapter. In addition to injunctive and compensatory relief, a civil penalty may also be imposed for each violation. An action to prohibit a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of a violation or a threatened violation, the Superior Court shall grant the injunction. Each day a violation of this chapter continues constitutes a separate violation. (Ord. 12-25 § 4, 2013)