Chapter 2.45
DIVISION OF PARKS AND RECREATION
Sections:
2.45.020 The Board of Park Commissioners.
2.45.040 Duties and powers of the Board of Park Commissioners.
2.45.050 Duties and powers of the Division of Parks and Recreation.
2.45.070 Department of Park Administration.
2.45.080 Department of Recreation.
2.45.090 Department of Facilities and Operations.
2.45.100 Roberts Stadium and Mesker Music Theater – Jurisdiction and control.
2.45.010 Establishment.
The Division of Parks and Recreation, hereinafter called the “division,” is hereby established as a division of the City. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 6, § 1; 1982 Code § 30.065; 1983 Code § 3.30.065.]
2.45.020 The Board of Park Commissioners.
The division shall be under the control and direction of the Board of Park Commissioners, hereinafter called the “board.” The board shall be constituted according to law. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 6, § 2; 1982 Code § 30.066; 1983 Code § 3.30.066.]
2.45.030 Governing law.
(A) Pursuant to State law, the Board of Park Commissioners has by resolution adopted IC 36-10-4-1 et seq. in its entirety. The Common Council of the City has by this chapter adopted IC 36-10-4-1 et seq. in its entirety, hereinafter called “the Act.” These laws control and empower the Board of Park Commissioners.
(B) Pursuant to IC 36-10-4-5 the Board of Park Commissioners has, by resolution, extended the boundaries of the Park District to include all of Vanderburgh County with the exception of that property currently comprising Burdette Park. Said extension shall be effective as of and retroactive to January 1, 1983. The commissioners of the extended District shall be appointed and have the terms as set forth in IC 36-10-4-6. [Ord. G-83-4, passed 6-27-83; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 6, § 3; 1982 Code § 30.067; 1983 Code § 3.30.067.]
2.45.040 Duties and powers of the Board of Park Commissioners.
(A) The board shall have the exclusive government, management, control, and duty to maintain all public parks, boulevards, playgrounds, swimming pools, recreation centers, and recreation programs and the materials and equipment for the establishment and operation thereof within the jurisdiction of the Division of Parks and Recreation. The enumerated powers of the board are set forth by State law.
(B) The board shall have those duties set forth by law with regard to the Ohio River Waterfront, except that part used by and constituting a part of the Municipal Waterworks and that part used as a public wharf, pursuant to Chapter 12.05 EMC. As allowed by law, the board may also establish, construct, maintain, control, and operate public parks and recreation areas within appropriate areas outside the corporate limits of the City, subject to all applicable ordinances and zoning regulations. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 6, § 4; 1982 Code § 30.068; 1983 Code § 3.30.068.]
2.45.050 Duties and powers of the Division of Parks and Recreation.
(A) The division shall provide park and recreational services and facilities to the citizens of the City in accordance with statute, this chapter, and the regulations, resolutions, decisions, and orders of the board.
(B) The division may have the general duties of City flora maintenance not assigned to another division by specific ordinance. The division may also maintain flora which is not owned by the City, but which may affect the public health, safety, or welfare. The board shall fulfill these duties pursuant to the powers specified by law. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 6, § 5; 1982 Code § 30.069; 1983 Code § 3.30.069.]
2.45.060 The Director.
(A) The Mayor shall designate a Director of the Division of Parks and Recreation who shall serve at the pleasure of the Mayor.
(B) The Director shall coordinate the activities of the departments under the jurisdiction of the division.
(C) The Director of the Division of Parks and Recreation shall serve on the Mayor’s Cabinet. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 6, § 6; 1982 Code § 30.070; 1983 Code § 3.30.070.]
2.45.070 Department of Park Administration.
(A) There is hereby established the Department of Park Administration.
(B) Park Police. Such employees as the board shall designate shall request that the Board of Public Safety appoint them as special policemen under the provisions of IC 36-8-3-7. Such appointments shall be deemed to be “without application of any person, corporation or payment of per diem.” Upon appointment, such special policemen will be governed by the provisions of IC 36-8-3-7 and perform their duties in the parks within the jurisdiction of the department. Additionally, they shall maintain themselves qualified with the firearms assigned to them and otherwise comply with all applicable rules and regulations of the department.
(C) Rules and Regulations. It shall be a violation for any person to do any of the following without the permission of the board:
(1) Canvass or solicit any contribution or vend, sell, peddle, or offer for sale any goods or activities on park property.
(2) Bring or allow any animal to go onto park property, with the exception that one may bring a cat or dog on park property if the animal is under the absolute control of such person and is constantly maintained on a leash.
(3) Paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription whatever or erect or cause to be erected any sign whatever on any public land or highways or roads in or adjacent to a park.
(4) Dig or remove any soil, rocks, sand, stone, trees, shrubs, plants, or other wood or materials or make any excavation by tool, equipment, blasting, or other means or agents on park property.
(5) Damage, cut, carve, mark, transplant, or remove any plant or injure the bark or pick flowers or seeds from any tree or plant, dig in or otherwise disturb grass areas, or in any other way injure the natural beauty or usefulness of park property.
(6) Swim, bathe, or wade in any waters or waterway in or adjacent to any park except in such waters and at such places as are designated specifically therefor.
(7) Kindle, build, maintain, or use a fire, except in places provided for such purposes. Any fire shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished. No person shall throw away or discard any lighted match, cigar, cigarette, tobacco, paper, or other material within or against any building, boat, or vehicle or under any tree or in any underbrush.
(8) Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot, or throw missiles at any animal, wildlife, reptile, or bird; or remove or have in one’s possession the young of any wild animal or the eggs, nest, or young of any reptile or bird.
(9) Fish in any waters or waterways in or adjacent to any park, except in such waters and at such places as are designated specifically therefor.
(10) Willfully mark, deface, disfigure, injure, tamper with, displace, or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines, or other public utilities or parts or appurtenances thereof, signs, notices, or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities, or park property or appurtenances whatsoever, either real or personal.
(11) Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay, 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, matter, or thing, liquid or solid, which will or may result in the pollution of said water.
(12) Bring glass beverage containers onto park property or into any facility or program operated by the Division of Parks and Recreation.
(13) Be or remain on or in park property between the hours of 11:00 p.m. local time and sunrise the following day unless engaged in activities directly supervised by personnel of the Division of Parks and Recreation.
(14) Sell or offer for sale any alcoholic beverage in or upon park property.
(15) Drive any vehicle on any area except the paved park roads or parking areas or leave a vehicle standing or parked in established parking areas or elsewhere in the park and recreation areas during hours when the park and recreation area is closed.
(16) Endanger the safety of any person by any act or conduct.
(17) Violate any rule or regulation imposed in any park and recreation area, golf course, or pool, which rules and regulations shall be posted at the park or recreation area, golf course, or pool, and shall also be on file for public inspection in the office of the Division of Parks and Recreation and the office of the City Clerk.
(18) Bring into, have in one’s possession, or set off any fireworks in or upon any park property.
(D) Enforcement of Rules and Regulations. All parks within the jurisdiction of the division shall be operated and maintained under the supervision of the Director of Parks and Recreation. The City Police Department, the Vanderburgh County Sheriff’s Department, the park police, and the board and Director of the Division of Parks and Recreation, as well as the division’s employees and agents, shall, in connection with the duties imposed by law, diligently enforce the provisions of this chapter. A violation of any of the prohibitions in this section shall be a violation of this chapter and shall be punishable pursuant to EMC 1.05.180. A separate offense shall be deemed to have been committed on each day during or upon which a violation occurs or continues. [Ord. G-2011-17 § 1, passed 10-18-11; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 6, § 7; 1982 Code § 30.071; 1983 Code § 3.30.071.]
2.45.080 Department of Recreation.
(A) There is hereby established the Department of Recreation.
(B) The Mayor shall appoint a Superintendent of the Department of Recreation who shall serve at the pleasure of the Mayor.
(C) The Superintendent shall supervise and coordinate the functions of the department, including overseeing the below facilities and programs, as well as any other facilities and programs undertaken by the Division of Parks and Recreation and assigned by the Director of the Division of Parks and Recreation to the Department of Recreation.
(1) Senior Citizens Center.
(2) Ice rink.
(3) Rollerdome.
(4) Nature Center.
(5) Sports and athletics.
(D) Community Center.
(1) The Community Center shall be supervised, controlled, and operated by the Division of Parks and Recreation of the City. The Board of Park Commissioners shall review and the Manager shall direct all activities of the Community Center of the City. The Manager, with the input of the board, shall be responsible for the following:
(a) The daily operation of the Center.
(b) The preparation of and the submission of budgets.
(c) The management of the personnel at the Center.
(d) The approval of vouchers for the payments of debts incurred by the Center in accordance with those laws governing the payment of vouchers.
(e) Replying to correspondence and dispersing information to other public agencies and the public generally that is relevant to the operation of the Center.
(f) Participation in development plans for the improvement of the Center.
(g) The hiring and firing of employees. [Ord. G-98-6, passed 2-9-98; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 6, § 9; 1982 Code § 30.073; 1983 Code § 3.30.073.]
2.45.090 Department of Facilities and Operations.
(A) There is hereby established the Department of Facilities and Operations.
(B) The Mayor shall appoint a Superintendent of the Department of Facilities and Operations who shall serve at the pleasure of the Mayor.
(C) The Superintendent shall supervise and coordinate the functions of the department and shall oversee the below facilities and functions, as well as any other additional facilities and functions that may be undertaken by the Division of Parks and Recreation and assigned to the Department of Facilities and Operations:
(1) Golf courses.
(2) Pools.
(3) Parks maintenance. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 6, § 10; 1982 Code § 30.074; 1983 Code § 3.30.074.]
Cross-references: Mesker Park Development Fund, Chapter 3.50 EMC; Zoo Animal Revolving Fund, Chapter 3.85 EMC.
2.45.100 Roberts Stadium and Mesker Music Theater – Jurisdiction and control.
(A) The Roberts Municipal Stadium is officially named “Roberts Municipal Stadium” in recognition of the contributions of Mayor Henry O. Roberts toward the recreational facilities of the City of Evansville.
(B) Roberts Municipal Stadium and Mesker Music Theater shall be under the direction and control of the Board of Park Commissioners. The board shall have the exclusive government, management, control, and duty to maintain these facilities, as well as the parking lot at Roberts Municipal Stadium. The board shall have all powers necessary to carry out these functions, and shall additionally have such powers as are provided by statute and this municipal code, including, but not limited to, the power to enter into contracts regarding functions, shows, and programs at these facilities. [Ord. G-86-30, passed 7-14-86. 1982 Code § 30.075; 1983 Code § 3.30.075.]
2.45.110 Manager.
The Manager of Roberts Municipal Stadium and Mesker Music Theater shall be appointed by the Mayor and shall serve at his pleasure. The Manager shall be responsible for the day-to-day operation of these facilities, as well as the parking lot at Roberts Municipal Stadium. The Manager shall report and be subject to the direction of the Board of Park Commissioners. [Ord. G-86-30, passed 7-14-86. 1982 Code § 30.076; 1983 Code § 3.30.076.]