Chapter 17
PARKS AND RECREATION
Articles:
17-1 General Provisions
17-2 Park Operating Policy
17-3 Enforcement
17-4 Spirituous Liquor in Public Parks
17-5 Temporary Suspension of Use of Public Parks
Article 17-1
General Provisions
Sections:
17-1-1 Definitions
17-1-2 Damaging or Tampering with Facilities
17-1-3 Trees, Shrubbery and Lawns
17-1-4 Riding Vehicles on Grounds
17-1-4A Nonmotorized Vehicles
17-1-5 Bathing and Swimming
17-1-6 Advertising Signs
17-1-7 Glass Containers
17-1-8 Litchfield Park Lake
17-1-9 Trespass
17-1-10 Unreasonable Noise
17-1-11 Sale of Goods (Concessions)
17-1-12 Control of Animals; Abandonment
17-1-13 Prohibited Activities
Section 17-1-1 Definitions
In this chapter unless the context requires otherwise:
A. “Director” means any person immediately in charge of any park area and its activities, and to whom all park attendants of such area are responsible.
B. “Public park” means a park, parkway, trail, reservation, playground, recreation center, recreational area, open space or any other area in the city, owned, used, established, maintained or administered by the city and devoted to active or passive recreation.
C. “Recreation program” means a class, training, competition or similar activity conducted or sponsored by the city within or outside the city’s incorporated limits.
D. “Vehicle” means any wheeled conveyance, whether motor powered, animal-drawn or self propelled. The term shall include any trailer in tow of any size, kind or description. This definition does not include baby carriages and vehicles in the service of the city parks. (Ord. 19-230 § 1)
Section 17-1-2 Damaging or Tampering with Facilities
No person shall damage or improperly use any building, structure, equipment or signs, toilets, or water and sewer facilities in any municipal park, or cause the lighting facilities or electrical appliances to be turned on without the written permission of the director or such other person as the city council may designate.
Section 17-1-3 Trees, Shrubbery and Lawns
A. No person shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant, nor shall any person attach any rope, wire or other contrivance to any tree or plant without the express written permission of the director.
B. No person shall dig or remove any sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency without the express written permission of the director.
C. No person shall climb a tree in any public park without the express written permission of the director. (Ord. 13-185 § 1)
Section 17-1-4 Riding Vehicles on Grounds
A. No person shall drive or ride at any time any automobile, truck, motorcycle, motor scooter, horse or other motor vehicle or animal upon the grounds of any municipal park, playground or golf course, except in public streets running through such premises or within designated parking areas located upon the premises, without the express written permission of the director.
B. No person shall leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available.
C. No person shall leave a bicycle lying on the ground or pavement or set against a tree.
Section 17-1-4A Nonmotorized Vehicles
No person shall operate skateboards, roller blades, roller skates, bicycles, scooters or any rolling vehicles in a public park where such activity is specifically prohibited by signage; or on any brickwork, ornamental surface, picnic table, bench, playground equipment, fountain area, planter, or sculpture; or in an unsafe manner so as to infringe upon the safety of themselves or others. All bicycle operations are also subject to the provisions of Article 13-3 of this code. (Ord. 13-185 § 1)
Section 17-1-5 Bathing and Swimming
A. No person shall swim, bathe, wade or operate any model boat in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefore, and in compliance with such regulations as are herein set forth or may be hereafter adopted. No person shall frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat when such activity is prohibited by the director upon a finding that such use of the water would be dangerous or otherwise inadvisable.
B. No person shall frequent any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except between such hours of the day as shall be designated by the director for such purposes for each individual area.
Section 17-1-6 Advertising Signs
No person shall announce, advertise or call the public attention in any way to any article or service for sale or hire, nor shall any person paste, glue, tack or otherwise post any sign placard, advertisement or inscription, or erect or cause to be erected any sign on any public lands or highways or roads adjacent to a park.
Section 17-1-7 Glass Containers
A. It is unlawful for any person to have a glass beverage container in his possession in any public park, as defined in Section 17-1-1, under the jurisdiction of the city.
B. It is unlawful for any person to throw, toss or otherwise propel or either willfully, maliciously, carelessly or negligently break any glass object in a public park under the jurisdiction of the city.
Section 17-1-8 Litchfield Park Lake
A. General. The use of watercraft on the Litchfield Park Lake and fishing in Litchfield Park Lake is permitted in accordance with this section. The Parks and Recreation Department Director is authorized to adopt rules necessary to implement this section.
B. Swimming. Swimming in the Litchfield Park Lake is prohibited.
C. Trash. No trash refuse shall be thrown in the Litchfield Park Lake or left on the shore. All such materials shall be disposed of in a trash receptacle or removed.
D. Watercraft.
1. All watercraft must be registered with the Parks and Recreation Department.
2. Boating is restricted to residents of the City. A maximum of two watercraft per family is permitted.
3. Floats, inner tubes, sailboards, and catamarans are prohibited.
4. No watercraft with internal combustion engines are permitted except those operated by the city.
5. No watercraft longer than eighteen (18) feet shall be permitted. Sailboats shall not exceed fourteen (14) feet.
6. Coast Guard approved life preservers for each crew member and passenger shall be kept on board each boat ready at hand. Children under eight years of age and non-swimmers must wear life preservers while boating.
7. Watercraft owners and operators must maintain personal and public liability insurance covering water and boating hazards.
8. Except for boats operated by the city or boats participating in city approved events, no boats may be operated after dark.
E. Fishing.
1. Persons required to be licensed by the state of Arizona to fish in Arizona must also obtain a city fishing permit from the parks and recreation department. Any child under the age of six must be accompanied by a person with a current license and permit. Annual and daily permits are available. All annual fishing permits expire one year from date of issue.
2. Fishing is permitted during daylight hours only.
3. Fees for fishing permits shall be set by resolution of the city council. The city council may set different fees for residents and nonresidents of the city.
4. When fishing, permits must be presented for inspection when requested by authorized city personnel.
5. A limit of a total of six fish per day per valid fishing permit is permitted for bass and/or catfish; however, no more than four of one species is allowed. There is no limit to the number of other fish which may be caught. However, limits will be set by the parks and recreation department for any special event fishing derby.
6. Fishing is restricted to one line per person and no more than one hook per line. Barbed hooks are prohibited. Straight hooks only are permitted.
7. Gigs, spears, explosives, firearms, air rifles, electronic shocking devices, nets, traps and bows are prohibited.
8. Cleaning of fish at lakeside is prohibited.
9. Dead fish, trash and/or litter, including lures, hooks or fishing lines, must be disposed of in a trash receptacle or removed from the premises.
10. Harming waterfowl in any manner or by any means is strictly prohibited. (Ord. 99-47)
Section 17-1-9 Trespass
A. It is unlawful for a person to remain in or return to a public park after a reasonable request by the director or other authorized city employee to leave based on violation of any provision of this chapter. The director or other authorized city employee shall provide such person with notice of the reason for the request and retain copies of such notice for city files.
B. The decision of the director may be appealed to the city manager, whose decision shall be final. (Ord. 13-185 § 1)
Section 17-1-10 Unreasonable Noise
It is unlawful for any person to make or continue, or cause or permit to be made or continued, any excessive noise which disturbs the peace or quiet of any public park or which causes discomfort or annoyance to any reasonable person of normal sensitivities in the area after a reasonable request by the director or other authorized city employee to stop making the excessive noise. (Ord. 13-185 § 1)
Section 17-1-11 Sale of Goods (Concessions)
It is unlawful to sell food, beverages or other items in public parks and on all adjacent sidewalks, except pursuant to a permit issued by the director pursuant to Section 17-2-4. (Ord. 13-185 § 1)
Section 17-1-12 Control of Animals; Abandonment
A. All animals shall be under the custody and control of a responsible adult and must be on a leash not to exceed six feet at all times when in a public park, except when participating in a program authorized by the city or in designated off leash areas. Animal owners are responsible for cleaning up and properly disposing of their animal’s excrement.
B. No person shall release a bird, animal, fish or reptile in a public park, except with written permission of the director.
C. Except for service animals, dogs are not allowed in recreational facilities or where dogs are prohibited by signage. (Ord. 13-185 § 1)
Section 17-1-13 Prohibited Activities
Except where such use is conducted by the city or by others pursuant to a program organized by the city or a permit issued by the parks and recreation department, the following activities are prohibited in public parks:
A. Dangerous Act. No person shall commit any act so as to endanger the health and safety of themselves or others.
B. Weapons. No person shall use archery, firearms, sling shots, darts, rocks or other projectile producing devices.
C. Model Rocketry. No person shall launch model rockets using propellents and motors in public parks except during a city sponsored event or as authorized by a special event permit.
D. Conduct. No person shall engage in abusive, violent or seriously disruptive behavior or use abusive or offensive language or gestures to any person.
E. Littering. No person shall dispose of trash, flyers or other unwanted items in any manner other than depositing them in a designated waste or recycling container.
F. Car Washing/Maintenance. No person shall clean, wash, polish, change oil or make other than emergency repairs upon an automobile, motorcycle, or other self-driven vehicle.
G. Smoking. No person shall smoke in any area of a public park except in designated areas of parking lots.
H. Hot Air Balloons. No person shall launch or land a hot air balloon or other aircraft.
I. Fireworks. No person shall use fireworks in parks except as authorized by Section 10-1-15.
J. Fires. No person shall start or sustain a fire, except for the combustion of charcoal in fire pits, grills, or other areas as designated and approved for such use by the director. No person shall set fire to the contents of a trash container or place or burn garbage in park grills.
K. Urban Camping. No person shall camp, set up living accommodations or store personal belongings except in areas specifically for such use or specifically authorized by permit.
L. Climbing on Nonplayground Equipment. No person shall climb on nonplaygound equipment, including but not limited to park buildings, structures, facilities, restrooms, benches, tables, shelters, baseball backstops, and soccer goals. Children may climb on playground equipment designed for climbing purposes. Children younger than eight years of age shall be supervised by a responsible adult while climbing playground equipment.
M. Golfing. No person shall engage in golf.
N. Firearms. No person under the age of eighteen may possess a firearm in a public park. No person shall discharge a firearm in a public park.
O. Spirituous Liquor. No person shall possess or consume spirituous liquor in a public park except as authorized by Article 17-4. (Ord. 13-185 § 1)
Article 17-2
Park Operating Policy
Sections:
17-2-1 Hours
17-2-2 Closed Areas
17-2-3 Emergency Park Closure; Restrictions
17-2-4 Reservation Permit; Issuing Authority
17-2-5 Interference with Reserved Use
Section 17-2-1 Hours
Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The opening and closing hours for the parks shall be from 6:00 a.m. until 10:00 p.m. and shall be posted therein for public information.
Section 17-2-2 Closed Areas
Any section or part of any park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals, daily or otherwise and either entirely or merely to certain uses.
Section 17-2-3 Emergency Park Closure; Restrictions
A. The clerk or the chief of police is authorized to direct that any public park, as defined in Section 17-1-1, or any portion thereof, be closed to all persons not properly authorized to be therein, when, in the opinion of either, an emergency situation exists therein that demands for the protection of the public health, safety or morals, that the premises be closed. Such closure shall be for a period not to exceed seven days.
B. It is unlawful for any person not properly authorized to enter into or fail to vacate a public park when adequate notice of emergency closure has been given.
Section 17-2-4 Reservation Permit; Issuing Authority
A. When Reservation Permit Required. A reservation permit issued by the director is required:
1. Whenever an organized team uses all or a portion of any public park for a team practice or game. An organized team must obtain a reservation permit from the director even if not all members attend the team practice or game. Each organized team shall obtain its own permit even if sharing use of the same facility. For purposes of this section, an “organized team” means a team that belongs to a league or other organization that schedules games.
2. Whenever any person or group wants to reserve or obtain exclusive use of all or any portion of a public park for a scheduled time period.
3. Whenever any person or group wants to move any large equipment, set up large inflatable structures, dunk tanks, tents, generators, climbing walls, amplified music equipment, portable restrooms, lights, or other equipment or structures in any public park.
4. Whenever any person or group wants to reserve or use all or any portion of a public park for commercial purposes including but not limited to the sale of food, beverages, merchandise, conducting classes or other activities for profit or personal gain. No such permit shall be granted unless such permit is for a use which does not interfere with the use of the park for park purposes or for uses which are consistent with and in furtherance of public use and enjoyment of the park.
B. Permit Rules. The parks and recreation director is authorized to issue reservation permits and promulgate rules for the regulation of such use. The signature of the permittee or an authorized representative of the permittee is a representation that the permittee has read the regulations applicable to the use of the public park and agrees to abide by those regulations and all applicable codes and ordinances.
C. Reservation Permit Time Limits. The director is authorized to include time limits on reservation permits and to establish rules for use of facilities on a first-come, first-served basis. Except as authorized by a reservation permit, it shall be unlawful for a person or group to continue to use a public park in excess of the posted time limit, whenever:
1. Someone else has asked to use and is waiting to use that same facility; or
2. The director or other authorized city employee notifies the person or group that someone else has asked to use and is waiting to use that same facility.
D. Permit Fees. The council shall establish fees for permits authorized by this chapter by resolution.
E. Insurance. When the activity authorized by the permit involves fifty or more people, insurance is required with policy limits established by the director. Prior to the commencement of the activity, a certificate of insurance shall be filed with the city naming the city as an additional insured.
F. Schools. Schools are required to obtain reservation permits for use of public parks. Fees may be waived if provided in an intergovernmental agreement with the school district.
G. Display of Permit. Any person or group who has obtained a permit pursuant to this section shall display the permit upon request. The permit may be revoked for failure to comply with the terms of the permit or any violation of rules, regulations, ordinances or state statutes. (Ord. 13-185 § 1)
Section 17-2-5 Interference with Reserved Use
A. The reservation permit shall describe the reserved area and related amenities that are reserved for the exclusive use of the permittee.
B. It shall be unlawful to interfere with a reserved use except with the consent of the permittee.
C. For purposes of this section, the term “interfere” includes, but is not limited to, the following:
1. Using the reserved area or amenities;
2. Playing ball or frisbee within fifty feet from the reserved area boundary;
3. Congregating a group of ten or more persons within fifty feet from the reserved area boundary for a cumulative period of fifteen minutes or longer. (Ord. 13-185 § 1)
Article 17-3
Enforcement
A. The city shall have authority to eject from a public park any person acting in violation of this chapter.
B. The city shall have the authority to seize and confiscate any property, thing or device in the public park, used in violation of this chapter.
C. The city shall have the authority to temporarily suspend a person from using a public park in compliance with the provisions of Article 17-5.
D. The city shall have authority to temporarily suspend a person from participation in a recreation program in compliance with the provisions of Article 17-5.
E. In addition to temporary suspension from use of a public park or participation in a recreation program, the penalties set forth in Article 1-8 of this code shall apply to violations of this chapter. (Ord. 19-230 § 1; Ord. 13-185 § 1)
Article 17-4
Spirituous Liquor in Public Parks
A. In this article, unless the context otherwise requires: “spirituous liquor” means alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor, malt beverage, absinthe or compound or mixture of any of them, or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, and any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits and beverages containing more than one-half of one percent of alcohol by volume.
B. Without approval of council, it is unlawful for any person to consume or have in his possession any spirituous liquor in a public park under the jurisdiction of the city.
C. The council may establish requirements for security and other requirements including, but not limited to, restrictions on the types of spirituous liquors to be consumed, the maximum number permitted in attendance, insurance and indemnification requirements, security deposits and other requirements the council deems appropriate. (Ord. 13-185 § 1)
Article 17-5
Temporary Suspension of Use of Public Parks
Sections:
17-5-1 Temporary Suspension from Use
17-5-2 Notice of Violation and Suspension
17-5-3 Appeal
Section 17-5-1 Temporary Suspension from Use
A. Authority to Suspend. For a violation of this chapter, the director may suspend a person’s privilege to use a public park or participate in a recreation program and prohibit such person from coming within a seventy-five-foot radius of the exit or entrance of a public park for the following periods:
1. For a violation after a verbal or written warning notice has been previously issued, privileges shall be immediately suspended for five calendar days.
2. For a violation occurring within one hundred eighty days after a violation resulting in a five-day suspension, privileges shall be suspended for thirty calendar days.
3. For a violation occurring within one hundred eighty days after a violation resulting in a thirty-day suspension, privileges shall be suspended for sixty calendar days.
B. Exceptions. Even if a person has been suspended from use of a public park or participation in a recreation program, such person will not be asked to leave if any of the following circumstances apply:
1. A child under age eighteen will not be instructed to leave the public park or recreation program until after a parent or guardian is contacted;
2. Any person may participate in a public meeting of the city being conducted in a public park;
3. An appeal of a sixty-day suspension has been filed and no final decision has been made.
C. Class/Program Refund. As a result of a suspension if a person is unable to attend a city recreation program for which he or she is registered, then the city will issue a pro-rated refund for the sessions that will be missed. (Ord. 19-230 § 1)
Section 17-5-2 Notice of Violation and Suspension
A. Notice. A notice of a violation of this chapter shall be in writing and will be provided to the person and, in the case of a minor, to the parent or legal guardian as soon as reasonably practicable following the occurrence.
B. Form of Notice. The form of notice shall include the following information and shall be in a form approved by the director:
1. Description of the violation(s) and date(s);
2. Whether a written warning or suspension is being issued;
3. Suspension start and end period, if applicable;
4. If the city is issuing a five-day or thirty-day suspension, a statement that the suspension is not appealable. (Ord. 19-230 § 1)
Section 17-5-3 Appeal
A. A written appeal of a sixty-day suspension may be filed with the director within five calendar days from receipt of the notice with the director. Upon the director’s receipt of an appeal, the suspension will be lifted pending a final decision on the appeal.
B. The hearing will be held by the director. The hearing may be held in person or by telephone following notice, which may be telephonic.
C. Within ten days after the hearing, the director will render a written decision, which will be sent to the person. Such decision will be final and nonappealable. (Ord. 19-230 § 1)