Chapter 12.20
MUNICIPAL PARKS USE REGULATIONS
Sections:
12.20.020 Exclusive use – Permit required – Commercial sales prohibited.
12.20.040 Excluding and limiting traffic.
12.20.060 Parking regulations.
12.20.070 Possession or consumption of alcoholic beverages or controlled substances.
12.20.080 Use of radios or recorders.
12.20.100 Park curfew and penalty.
12.20.110 Penalty for violation.
12.20.010 Unlawful acts.
The following are unlawful and prohibited in the Naples City Park:
(1) To scratch, cut, injure, or deface any building, fence, structure, or to foul any fountain or water, or any other improvement, or to cut, or injure flowers, flowerbeds, trees, shrubs, or any landscaping within the park.
(2) For the owner or caretaker of any animal to allow the same to run at large within the parks.
(3) To engage in any activity that threatens the safety or well being of other persons.
(4) To engage in any disorderly conduct, sexual or perverted activity.
(5) To smoke or use tobacco products.
(6) To discharge any firearm or propel arrows or fireworks. (Exception: Chartered organizations/activities such as Boy Scouts, Girl Scouts, etc., that have been given a reservation/permit from the city council or authorized agent.) [Ord. 12-143 § 8.02.001, 2012; Ord. 10-126 § 8.02.001, 2010.]
12.20.020 Exclusive use – Permit required – Commercial sales prohibited.
(1) Any person, group or organization desiring to use a park, or any portion thereof, on an exclusive basis, or any person, group or any organization desiring to use the park equipment for public gathering to the exclusion of other persons or for the purpose of holding meetings either public or private in nature, shall do so only after obtaining a reservation permit from the authorized agency and upon payment of an appropriate fee for the privilege of reserving the area for a given period of time.
(2) It is unlawful to sell anything in a city park or to engage in any commercial activity in a city park whether for profit or otherwise, without the prior written consent of the authorized agency. [Ord. 12-143 § 8.02.002, 2012; Ord. 10-126 § 8.02.002, 2010.]
12.20.030 Pets.
Pets must be on a leash at all times under the control of the owner or caretaker. All waste discharged from pets must be immediately cleaned up by the owner/caretaker and properly disposed of. [Ord. 12-143 § 8.02.003, 2012; Ord. 10-126 § 8.02.003, 2010.]
12.20.040 Excluding and limiting traffic.
(1) No person shall operate or use a vehicle (except a motorized wheel chair used by a person in need of such accommodations) upon the city park of Naples City except upon those roadways or parking areas which are or shall be established by the city.
(a) A vehicle, for this purpose, shall be defined as follows:
(i) Every device in, upon, or by which any person or property is or may be transported or drawn, excepting devices moved exclusively by human power. [Ord. 12-143 § 8.02.004, 2012; Ord. 10-126 § 8.02.004, 2010; Ord. 87-34 § 8-02-102, 1987.]
12.20.050 Speed limit.
It is unlawful to drive any vehicle or ride any animal within the city parks at a speed greater than 10 miles per hour unless otherwise posted. [Ord. 12-143 § 8.02.005, 2012; Ord. 10-126 § 8.02.005, 2010.]
12.20.060 Parking regulations.
It is unlawful to park any vehicles within the park in such a way as to block the roads provided for public traffic; or where public parking is provided or to park other than in the designated parking areas. [Ord. 12-143 § 8.02.006, 2012; Ord. 10-126 § 8.02.006, 2010.]
12.20.070 Possession or consumption of alcoholic beverages or controlled substances.
It is unlawful to sell, possess or consume beer, liquor, any other alcoholic beverage, or any controlled substance except a legal medication prescribed to the person taking the medication in accordance with health care provider instructions, within the city parks. Violation may be subject to criminal penalties in excess of those set forth herein, in accordance with state law. [Ord. 12-143 § 8.02.007, 2012; Ord. 10-126 § 8.02.007, 2010.]
12.20.080 Use of radios or recorders.
(1) It is unlawful to operate, play or cause to be operated or played, in a city park, or in a motor vehicle located in a city park or parked on a road adjacent to a city park, any radio, television, phonograph, stereo, tape player, disk player, or other similar device which produces, reproduces or amplifies sound which is audible beyond the boundaries of the park or at a distance of more than 50 feet from the device.
(2) Subsection (1) of this section shall not apply if the device described therein and the volume of the sound therefrom is specifically allowed by the authorized agency in conjunction with a scheduled activity and in conformance with other city ordinances. [Ord. 12-143 § 8.02.008, 2012; Ord. 10-126 § 8.02.008, 2010.]
12.20.090 Tobacco-free area.
(1) Definitions.
(a) “Municipal parks” refers to the Naples City Park, Ball Fields, Splash Park, Roadside Park and all property connected to these facilities; including restrooms, sidewalks, walk paths and parking areas.
(b) “Tobacco products” refers to any form of lighted or heated tobacco including cigarettes, cigars, pipes, cigarillos, and hookah. As well as any form of “dry” or “canned” tobacco including various forms of chewing tobacco and snuff. Additionally alternative tobacco products such as dissolvable tobacco and e-cigarettes are prohibited.
(2) Tobacco Use Prohibited in/on Municipal Parks.
(a) No person shall use any form of tobacco, at or on the premises of the municipal parks. This policy applies to all participants, spectators, employees, and contractors.
(b) Those signing a facility use agreement must abide by the tobacco-free policy.
(c) Any promotion such as signs or print material of any tobacco company or product is prohibited in the parks.
(3) Enforcement.
(a) Signage will be posted to notify residents and visitors of the tobacco-free policy. Signs shall include the international “no smoking” symbol.
(b) Residents will be notified of the policy implementation through the city news letter and city website.
(c) Any person refusing to comply with the tobacco-free policy may be asked to leave the facility. [Ord. 12-143 § 8.02.009, 2012.]
12.20.100 Park curfew and penalty.
It is unlawful for any person to be in a city park between the hours of 11:00 p.m. and 5:30 a.m. of any day unless prior written approval is properly obtained from the authorized agency managing the city parks. [Ord. 12-143 § 8.02.010, 2012; Ord. 10-126 § 8.02.009, 2010.]
12.20.110 Penalty for violation.
(1) Any violation of this chapter shall be punishable as a class B misdemeanor, unless state law establishes a higher criminal penalty for the offense committed.
(2) In addition to any fine or jail time that may be imposed, the court shall order restitution for any damage done to park facilities or vegetation. [Ord. 12-143 § 8.02.011, 2012; Ord. 10-126 § 8.02.010, 2010.]