Chapter 11.10 PARK RULES AND REGULATIONS

“Alcoholic beverage” means any liquid or solid which is, or contains, alcohol as defined by IC 7.1-1-3-4, as amended, and which is fit for human consumption and which is reasonably likely or intended to be used as a beverage.

“Board” means the park and recreation board.

“Department” means the parks and recreation department, which is composed of the board, a superintendent, and such other personnel as the board may determine.

“District” means the area within the jurisdiction of the board.

“Drugs” means any articles or substances as defined in the Indiana Legend Drug Act (IC 16-42-19-1 through 16-42-19-28), as amended from time to time.

“Motor boat” means any type of watercraft which has for its primary source of power an internal combustion engine or electric motor whether inboard or outboard.

“Park” means all developments, improvements, facilities, and any or all land, minerals, waters, overhead air rights, easements and other reservations owned, leased, controlled or used by the department.

“Permit and reservation” means any authorization issued by the superintendent pursuant to the authority of the board for a specified park privilege, activity or event or permitting the performance of a specified act or acts in any park.

“Rules and regulations” means any rule or regulation governing the use of the park and recreation facilities by the public.

“Superintendent” means the superintendent of the department.

“Vehicle” means any device, conveyance, or combination of conveyances, wheeled or without wheels (but excepting motor boats) propelled, towed or unpropelled, that in, around or on which a person or thing is or may be carried and shall include without limitation bicycles, scooters, minibikes, motorcycles and snowmobiles.

“Watercraft” means all flotation devices intended to carry a human passenger upon the water including boats of any type, rafts, canoes, motor boats and inflatable flotation devices. [Ord. 1404 § 2, 2008. Code 2000 § 150.20].

11.10.020 Interpretation, waivers and special exceptions.

(A) Any requirement or provision of this chapter relating to any act shall extend to and include the causing, procuring, aiding or abetting, directly or indirectly, of such act; or the permitting or the allowing of any unemancipated minor the doing of any willful or malicious act prohibited by the provisions hereof by the parent or legal guardian of such minor.

(B) No provision hereof shall make unlawful any act necessarily performed by any officer or employee of the department in line of duty or work as such, or by any person, his agents or employees, in the proper and necessary execution of the terms of any agreement with the board.

(C) Special Waivers from Rules. Any act otherwise prohibited by this chapter, provided it is not otherwise prohibited by law or local ordinance, shall be lawful if performed within custodial quarters within the park or is performed under, by virtue of, or strictly in compliance with the provisions of a waiver permit issued by the board and approved by the town council 30 days prior to the event. Any such permit issued hereunder by the board shall not be effective and valid unless said waiver permit has been approved by the town council. Notwithstanding anything contained herein to the contrary, the board shall not issue any permit for the drinking, sale, possession or consumption of alcoholic beverages within the parks, subject to the exceptions in subsections (C) and (D) of this section as well as HMC 11.10.220(B).

(D) Special Event with Alcohol. Notwithstanding subsection (C) of this section, the park board may issue a special event with alcohol permit for a special event or activity that includes the sale and consumption of alcoholic beverages, for events to be conducted at the Main Square Park or at the Sharp Athletic Complex, subject to terms of HMC 11.10.220. [Ord. 1638 § 4, 2017].

11.10.030 Territorial scope.

This chapter shall be effective within and upon all areas under the jurisdiction of the board, and shall regulate the use thereof by all persons. [Ord. 1404 § 2, 2008. Code 2000 § 150.22].

11.10.040 Indemnification.

The board shall be empowered to require permits, licenses, waivers of liability and agreements of indemnification to protect the board and to provide for the orderly administration of the use of park property. [Ord. 1404 § 2, 2008. Code 2000 § 150.23].

11.10.050 Function of superintendent.

The superintendent shall act for the board, enforce the laws, maintain law enforcement and maintain good order within the department. [Ord. 1404 § 2, 2008. Code 2000 § 150.24].

11.10.060 Defacing or removal of property.

(A) No person shall injure, deface, destroy, disturb, defoul or remove any part of the park, or any building, sign, equipment, or other property found therein; nor shall any person maliciously cut down, destroy or injure a standing or growing vine, bush, shrub, sapling, tree, flower or other vegetation or fruit or seed growing on park property, or maliciously injure, destroy, disturb or sever from the park a product standing or growing or other thing, such as rock minerals, attached thereto or a part thereof.

(B) No person shall intentionally accelerate a motor vehicle causing the rubber tires to spin, mark and deface the park or roadway surface. [Ord. 1404 § 2, 2008. Code 2000 § 150.25].

Penalty, see HMC 11.10.330.

Statutory reference: Criminal mischief, see IC 35-43-1-2. Theft, see IC 35-43-4-2. Criminal conversion, see IC 35-43-4-3.

11.10.070 Bringing in plants, trees or shrubs.

Unless authorized by the board, no person shall bring into or upon any park any tree, shrub, or plant or any newly plucked branch or portion thereof. [Ord. 1404 § 2, 2008; Code 2000 § 150.26].

Penalty, see HMC 11.10.330.

11.10.080 Littering, rubbish, garbage, sewage and noxious material.

(A) No person, without authorization of the board, shall bring into, leave behind or dump any material of any kind, whether waste or otherwise, in the park, except refuse, ashes, garbage and other material arising from the normal use and enjoyment of a picnic, camp or other permitted activity, provided such material is deposited in receptacles or pits provided for such purposes; nor shall any material of any kind be left or deposited without or near the parks so as to pollute the land, waters, or air coursing through or over the parks or otherwise to interfere with proper use and enjoyment of the park. No bottles, cans, refuse, or foreign material of any description shall be deposited or thrown in any of the streams, waterways, ponds or lakes located in or immediately adjacent to the park. The use of glass bottles or containers in the parks is prohibited.

(B) No person shall, either within or outside of the park, place or permit to be placed in any river, brook, stream, pond, ditch or drain that is maintained in or flows into or through the park, any noxious or deleterious material which may render park waters harmful to the public health, or to animals or vegetation, or for domestic, industrial, or agricultural purposes, or which may lessen to an unreasonable degree the use and enjoyment of such waters for park recreational or other park uses.

(C) Metal detecting and the digging up of the turf in any manner is prohibited. [Ord. 1404 § 2, 2008; Code 2000 § 150.27].

Penalty, see HMC 11.10.330.

Statutory reference: Littering, see IC 35-45-3-2.

11.10.090 Animals – Hunting and fishing.

(A) No person within the confines of the park shall hunt, pursue with dogs, trap, use walkie-talkie radios, planes or in any other way molest any wild bird or animal found within the confines of the park, or rob or molest any animal den or bird nest or take the eggs of any bird, except by specific written limited permit as may be issued by the board specifically for area management, over-abundance, disease, or inbreeding of wildlife species balance control. The board may cause such park waters as it deems advisable closed to fishing and shall so post them. In all other park waters fishing shall be permitted subject to the statutes of the state.

(B) No person shall permit his dog, cat, or other pet to defecate in the parks, and in the event of such defecation, the owner is responsible for the immediate removal of said waste material. All pets in the parks must be on a leash of not more than six feet and under the control of the owner or custodian at all times. Other than those dogs, cats, and other household pets attending obedience class or other sponsored classes at the Lincoln Community Center, all pets are prohibited within the Lincoln Community Center.

(D) Unless authorized by the board, no person shall bring into and leave in any park any animal, fish or fowl. It is unlawful to introduce any nongame fish species, i.e., carp, dogfish, and the like, without permission from the board. No minnows, suckers, shiners, chubs, or any other live bait fish will be allowed for bait. [Ord. 1404 § 2, 2008; Code 2000 § 150.28].

Penalty, see HMC 11.10.330.

Statutory reference: Fish and Wildlife Act, see IC 14-22.

11.10.100 Fires, ashes, and the like.

(A) No person shall start a fire in the park except small fires for culinary purposes in park grills, or privately owned grills, or fires in a place or designated areas approved by the department, except that the board may, at its discretion, prohibit fires at any location or for any purpose when necessary for the protection of park property. Any fire shall be continuously attended under the care and direction of a competent person. All fires shall be extinguished by the person starting or using the same before leaving the immediate vicinity of the fire. No fires shall be built within 10 feet of any tree or building, or beneath the branches of any trees or in any underbrush.

(B) The dumping of hot ashes or fire from portable picnic grills onto the grass or plants is prohibited. Hot ashes shall be deposited only in specified areas or designated receptacles, but not in picnic refuse receptacles.

(C) No person shall be allowed to use any timber, wood, twigs, branches, leaves or other forest material as fuel for fires. Only charcoal will be permitted to be used as fuel for fires within the parks, except by special permit from the board.

(D) No portable stoves or grills shall be permitted in shelters or on combustible picnic tables.

(E) No person shall throw away or discard any lighted match, cigar or cigarette within any park property. [Ord. 1404 § 2, 2008. Code 2000 § 150.29].

Penalty, see HMC 11.10.330.

Statutory reference: Litter, see IC 35-45-3-2. Arson, see IC 35-43-1-1. Criminal mischief, see IC 35-43-1-2.

11.10.110 Firearms, weapons, explosives, missiles, and the like.

(A) No person shall carry firearms of any description, air or gas guns, slingshots, explosives, fireworks, or missile throwing or propelling devices within the parks.

(B) The use of shotguns, rifles, pistols, or other type firearms shall not be allowed and is prohibited.

(D) Fireworks and sparklers are prohibited from being used or set off in the parks unless a permit is issued by the town council of the town of Highland. [Ord. 1404 § 2, 2008. Code 2000 § 150.30].

Penalty, see HMC 11.10.330.

11.10.120 Sleeping and camping.

(A) No person shall camp within any park except in camping areas as may from time to time be designated by the board.

(B) Except in areas set aside for camping, no person shall sleep in any park between the hours of 8:00 p.m. and 8:00 a.m. [Ord. 1404 § 2, 2008. Code 2000 § 150.31].

Penalty, see HMC 11.10.330.

11.10.130 Traffic.

(A) No person shall park or store any vehicle within the park, except in places designated by the board for such purposes, and upon payment of a parking fee which, if any, may be set by the board. A vehicle parked in the park in excess of 24 consecutive hours will be towed away at the expense of the owner thereof. All overnight parking of vehicles is prohibited during the hours that the park is closed.

(B) No person shall ride or operate any vehicle on, over, along, or upon any park except on roadways, driveways and parking areas designated for the use of such vehicle, or except in specially limited areas designated by the board from time to time for particular type vehicles.

(C) No person shall drive a vehicle of any kind upon or along any park area, road, or drive which has been closed and posted with appropriate signs or barricades. The board shall have authority to order areas, roads, or drives closed during the process of construction, reconstruction, repair or when, on the basis of engineering investigation, weather, or other conditions render travel either unsafe or unduly destructive of the area, road, or drive.

(D) No vehicle shall be parked upon any area other than a properly designated parking lot or parking area with the exception of Lincoln Center where overflow parking shall be allowed on the grassy area south of the building. Except as hereinbefore provided, no vehicle shall be parked in any manner which will block in whole or in part any road, driveway, doorway, trail, waterway, or recreational area. Except in areas designated for night parking, no person shall park or leave standing any vehicle or conveyance which is disabled in such a manner and to such extent that parking is necessary. When any person shall occupy any parked vehicle in any park between the hours of sunset and sunrise, the parking lights of said vehicle shall be lighted at all times.

(E) No person shall use or shine spotlights or unnecessarily or continuously shine vehicle headlights of any kind onto the park, except under the direction of a park employee or law enforcement officer, or except where necessary for the preservation of life or property.

(F) Except by authority of special permit granted by the board, no person shall drive or operate a vehicle in the parks which exceeds three-fourths ton and which is designed, used, or maintained primarily for the transportation of property or a bus, except a school bus or recreational vehicle, or a truck tractor including mechanized farming vehicles servicing authorized park functions or concessionaires. [Ord. 1404 § 2, 2008. Code 2000 § 150.32].

Penalty, see HMC 11.10.330.

Statutory reference: Uniform Act Regulating Traffic on Highways, see IC 9-21-1-1.

11.10.140 Snowmobiles, sledding, skiing, and skating.

(A) No person shall operate a self-propelled vehicle which is designed to travel on snow-covered surfaces within a park other than in areas designated by the board as “snowmobile” areas.

(B) Before any snowmobile can be operated within a park operated by the board, a waiver of liability form must be filled out by the owner or owners and operator or operators of the snowmobile.

(D) All persons operating snowmobiles in the parks shall abide by state statutes and town ordinances regarding snowmobiles and off-road vehicles.

(E) No person shall sled, ride, ski or ice skate within the parks except in areas designated for such purpose. The use of metal runner sleds in posted areas (the Meadows snow hill) is prohibited. [Ord. 1404 § 2, 2008. Code 2000 § 150.33].

Penalty, see HMC 11.10.330.

Statutory reference: Snowmobiles and off-road vehicles, see IC 14-16-1 and 14-16-2.

11.10.150 Golfing.

No person shall swing or make use of any golf club or play golf, or hit or putt golf balls within or into the parks. [Ord. 1404 § 2, 2008. Code 2000 § 150.34].

Penalty, see HMC 11.10.330.

11.10.160 Bows and arrows.

The use of bows and arrows of any kind in the parks is prohibited. [Ord. 1404 § 2, 2008. Code 2000 § 150.35].

Penalty, see HMC 11.10.330.

11.10.170 Designation of baseball playing areas.

Baseball is permitted only in designated parks with baseball diamonds. [Ord. 1404 § 2, 2008. Code 2000 § 150.36].

Penalty, see HMC 11.10.330.

11.10.180 Aviation.

No person shall voluntarily bring, land or cause to descend or alight upon park lands or waters any airplane, flying machine, balloon, parachute or other apparatus for aviation, except by written permit. Any landing other than one caused by mechanical or structural failure of the aircraft shall be deemed to have been made voluntarily. A forced landing in the event of an emergency will not be deemed a violation of this section. [Ord. 1404 § 2, 2008. Code 2000 § 150.37].

Penalty, see HMC 11.10.330.

11.10.190 Swimming, bathing and wading.

No person shall bathe, wade, or swim in any park. [Ord. 1404 § 2, 2008. Code 2000 § 150.38].

Penalty, see HMC 11.10.330.

11.10.200 Disturbing the peace.

No person shall disturb or intrude upon a picnic or gathering in any park without consent of those composing a group except park employees in the proper pursuit of their duties. [Ord. 1404 § 2, 2008. Code 2000 § 150.39].

Penalty, see HMC 11.10.330.

11.10.210 Hours of closing.

No person shall be permitted to remain stopped or parked within the confines of the park between the hours of 10:30 p.m. and 5:00 a.m. local time, except in overnight feed permit family camping or designated youth camping areas, in an emergency or with a special permit, unless participating in a department activity or except as special facilities where other authorized and posted hours are designated by the board. [Ord. 1404 § 2, 2008. Code 2000 § 150.40].

Penalty, see HMC 11.10.330.

11.10.220 Alcohol and drugs.

(A) No person shall drink, sell, possess, make a gift or offer for sale any alcoholic beverage or drugs within the parks nor shall any person within the parks use, administer, receive, offer for sale, possess, or make available to himself, or to any other person or animal, any alcoholic beverage or drugs.

(B) Notwithstanding subsection (A) of this section and HMC 11.10.225, alcoholic beverages may be sold, dispensed, and consumed in the Lincoln Community Center solely in conjunction with a catered event, banquet, permitted event or special event conducted in and confined to a specific location designated for assemblies and rentals. This authorization is subject to provisions of IC 7.1-1 et seq., and 905 IAC 1 et seq. No person shall use, administer, receive, offer for sale, possess or make available to himself or to any person or animal any drugs. [Ord. 1638 § 6, 2017].

Penalty, see HMC 11.10.330.

11.10.225 Special event or activity with alcohol (SEAP).

(A) Notwithstanding HMC 11.10.220, alcoholic beverages may be sold, dispensed, and consumed solely in conjunction with a special event or activity authorized by a special event with alcohol permit (SEAP) issued by the park and recreation board, under this section and HMC 11.10.020(D), and approved by the town council.

(B) Unless there is an activity or event operating with a valid special exception permit issued by the park board under this section and HMC 11.10.020(D), the prohibitions under HMC 11.10.220 still apply.

(C) No special event with alcohol permit (SEAP) shall be issued by the park board under this section and HMC 11.10.020(D), unless there is a companion event or activity for which a regular permit may be granted. A special event permit authorized under this section and HMC 11.10.020(D) may not be granted where (1) there is no companion activity or (2) the sole activity or event is the sale, dispensing and consumption of alcohol.

(D) A special event with alcohol permit (SEAP) authorized under HMC 11.10.020(D) shall be only issued and valid for an event or activity limited to the following venues:

(1) Main Square Park;

(2) Sharp Athletic Complex.

(E) No special event with alcohol permit (SEAP) shall be issued by the park board unless it also has been approved by the town council, according to this section.

(F) A special event with alcohol permit authorized under this section and HMC 11.10.020(D) requires the following process:

(1) Applicant filed request with park at least 30 days before the event;

(2) Parks and recreation superintendent will cause the application to be considered by the park and recreation board within a reasonable time;

(3) The park and recreation board will consider the matter at a regular or specially called meeting. If the park and recreation board favors the application, it will approve the permit subject to the approval of the town council;

(4) The town council will consider the permit at the first regular or special meeting following the receipt of the permit action from the park and recreation board. If the town council approves the application, the permit is granted. If it rejects the applicant, the permit is denied. [Ord. 1638 § 7, 2017; Ord. 1730 § 1, 2021].

11.10.230 Gambling, fortunetelling, and the like.

No persons shall engage in any game of chance or in the use of any gambling device nor shall any person tell fortunes for pecuniary reward within the park. [Ord. 1404 § 2, 2008. Code 2000 § 150.42].

Penalty, see HMC 11.10.330.

Statutory reference: Gambling, see IC 35-45-5-1 through 35-45-5-10.

11.10.240 Permits and reservations for various activities.

(A) A permit shall first be obtained from the department for any picnic involving 15 or more persons, and also in every situation when a facility is asked to be set aside for a specified time by a group for picnic purposes within a park.

(B) For nonresidents of the town, a permit shall first be obtained from the department for the use of any baseball diamonds, basketball courts, tennis courts, and any other group-oriented activities that involve the use of park and recreation facilities.

(C) Reservations for shelters can be obtained after January 1st. A shelter shall be paid for in advance at the time of reservation.

(D) A permit or reservation shall first be obtained prior to the use of any park property or facility whenever required by this chapter, or by any rule or regulation promulgated by the board. In addition, the fee, if any, as required by the board shall be paid at the time that such permit or reservation is applied for. All permits or reservations shall be applied for in advance at the park and recreation office. The board may, in its discretion, issue such permit or reservation upon application when same is consistent with the proper use and protection of the park property and likewise, in its discretion, may refuse the issuance of a permit. [Ord. 1404 § 2, 2008. Code 2000 § 150.43].

Penalty, see HMC 11.10.330.

11.10.250 Fees and charges.

(A) Except as otherwise provided, fees and charges for the use of various facilities operated by the department on property of the department, including the Lincoln Community Center, or for various programs when necessary, shall be established by the park and recreation board, and may be changed from time to time.

(B) No persons, except those with valid reason, or those having special permission of the board pursuant to rules it may adopt from time to time, shall use any pay facility or participate in any pay program of the department without first paying the proper fee for the same as may be established from time to time. [Ord. 1404 § 2, 2008. Code 2000 § 150.44].

11.10.260 Commercial activities, soliciting, and the like.

No person shall offer or exchange for sale any article, thing, privilege, or service or do any hawking, peddling, or solicitation, or buy or offer to buy any article, thing, privilege, or service or take up any collection or solicit or receive contributions of money or articles of value except when authorized by permit or under contract with the department. [Ord. 1404 § 2, 2008. Code 2000 § 150.45].

Penalty, see HMC 11.10.330.

11.10.270 Advertising and public meetings.

No person shall expose, distribute, or place any sign, advertisement, circular, notice or statement or display any banner, emblem, or design within the park without a permit. [Ord. 1404 § 2, 2008. Code 2000 § 150.46].

Penalty, see HMC 11.10.330.

11.10.280 Equal rights of others.

Every person shall conduct himself with due regard to the equal rights of others to the use and enjoyment of the park. [Ord. 1404 § 2, 2008. Code 2000 § 150.47].

Penalty, see HMC 11.10.330.

11.10.290 Failure to comply with orders of park personnel.

No person shall fail or refuse to comply with any reasonable order relating to the regulation, direction, or control of traffic, or to any other order lawfully given by any park personnel or law enforcement officers acting under the authority of the board or willfully resist, obstruct, assault, or abuse any park personnel or law enforcement officer or any other official in the execution of his office or in any manner give aid to any person to escape from custody or to attempt to escape from custody or to attempt to escape from impending arrest or custody. [Ord. 1404 § 2, 2008. Code 2000 § 150.48].

Penalty, see HMC 11.10.330.

11.10.300 Removal of persons acting unlawfully.

No person shall remain within the park who does not abide by conditions adopted by the board for the preservation of good order and the protection of property within the park, and no person shall remain within the park who does not abide by the instructions and directions of duly authorized park employees or agents of the board in the lawful performance of their duties. Any person directed by the park employees or agent of the board to leave the park shall do so promptly and peaceably. [Ord. 1404 § 2, 2008. Code 2000 § 150.49].

Penalty, see HMC 11.10.330.

11.10.310 Use of mopeds, ATC vehicles, and all-terrain vehicles prohibited.

All mopeds, ATC vehicles, and any other all-terrain vehicles and their use thereof is prohibited in the parks at all times. [Ord. 1404 § 2, 2008. Code 2000 § 150.50].

Penalty, see HMC 11.10.330.

11.10.320 Skateboarding is prohibited.

(A) It is an offense for a person or persons to ride, drive or propel a skateboard on or around the following park locations and places:

(1) The stairs, walkways, platform, landing and approaches of the Gazebo at Main Square Park.

(2) The walkways, grounds, improvements, buildings, structures, playground sites and parking lot(s) at Main Square Park.

(B) Signs conspicuously displayed near or on the premises giving notice of this prohibition regarding riding, driving or propelling a skateboard on or around the identified public place(s) shall be posted giving notice of such regulation. [Ord. 1404 § 2, 2008. Code 2000 § 150.51].

11.10.330 Penalty.

(A) Any person, entity or organization who shall violate any provisions of this chapter or Chapter 11.05 HMC shall be fined in the amount set forth in the designated schedule as a payable offense subject to admission before the violations clerk of the ordinance violation bureau in the amount set forth in the admissions clerk payable offenses schedule in HMC 9.85.060.

(B) If such persons, entity or organization shall violate any provisions of this chapter or Chapter 11.05 HMC, and there is a failure to satisfy the civil violation as set forth in Chapter 9.85 HMC, then such violations shall be construed as justiciable offenses and shall be subject to a fine of not less than $25.00 per violation, nor more than $2,500. Each day of such unlawful activity as is prohibited shall be deemed a separate offense. [Ord. 1404 § 2, 2008. Code 2000 § 150.99].