Chapter 4.35 CITY PARKS AND TRAILS

(A) “Park” or “trail” means real property owned, leased or controlled by the City and operated and maintained by the City, which property is set apart for the use of the general public as developed ground primarily utilized for active and passive recreational uses, parking areas for such uses, or is planned for such future uses.

(B) “Multi-use open space” means real property owned, leased or controlled by the City and operated and maintained for a primary purpose which is related to utilities, health or safety, but which also provides incidental recreational use. A multi-use open space is not a park or a trail. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-010.]

4.35.020 Authority to establish.

The City Council may establish such reasonable rules and regulations as may be necessary for the use, control, management and protection of the public parks and trails and for multi-use open space. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-020.]

4.35.030 Care of parks, trails and multi-use open space.

(A) In any park, trail or multi-use open space owned or operated by the City, it shall be unlawful to cut, break, move, take or otherwise injure, destroy or deface any trees, shrubs, plants, turf, rock or any building, fence, bridge, sign or other structure, or pollute any spring or stream.

(B) No person shall dump any earth, rubbish or other substance or material in or upon any park, trail or multi-use open space without written permission from the City.

(C) No person shall throw or deposit litter in any park, trail or multi-use open space within the City except in public receptacles and in such a manner that the litter will not be blown by wind upon any part of the property or upon any street or other public place. Where public receptacles are not provided or are full, all such litter shall be carried away from the property by the persons responsible for its presence.

(D) All persons and groups reserving facilities under this chapter shall leave the property clean and in good repair. Persons violating this section may be barred from further reservation of the facilities, at the discretion of the City Council.

(E) It shall be unlawful to scratch, cut, injure or deface any of the buildings, fences, structures or other property or pollute any of the fountains, ponds or any other improvements; or to cut or injure flowers or flowerbeds within a park; to walk upon turf or seeded areas where posted; or for the owner of any dog to allow the same to run at large within the parks, trails or multi-use open space.

(F) No unauthorized person may intentionally tamper with, damage, turn off, or adjust irrigation systems in City parks. [Ord. 18-18 § 1 (Exh. A); Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-030.]

4.35.040 Alcoholic beverages, drugs or gambling.

The sale, consumption or possession of intoxicating liquors or beverages, illegal drugs, or gambling of any kind, is prohibited in all parks, on all trails, and on multi-use open space properties of the City. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-040.]

4.35.050 Open fires.

No person shall make or kindle any open fire except in designated fireplaces, fire pits, grills provided for this purpose, or in privately-owned and portable commercially manufactured grills. Grills provided for public use shall be on a first-come, first-served basis. After use, all coals shall be drowned, cooled and removed from the property by the user. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-050.]

4.35.060 Improper conduct, nuisances and criminal activity.

(A) It shall be unlawful for any person to use threatening language; to commit any obscene or lewd act in violation of state law; to fight; to create or maintain a nuisance in any park, trail or multi-use open space; or to violate posted rules or regulations.

(B) Any person who disturbs the peace of park users by aggressively soliciting money or goods, or making undue noise between the hours of 10:00 p.m. and 7:00 a.m., shall be deemed to create a nuisance. For purposes of this section, a person solicits aggressively when that person does so in an “aggressive manner,” as defined by Section 41-6a-1009(8), Utah Code Annotated 1953, as amended.

(C) It is unlawful for any person or persons to commit any offense that is in violation of state law or City ordinance or fail to obey the lawful orders from any Law Enforcement Officer or a designated City official. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-060.]

4.35.065 Trespass notices.

(A) The City Parks and Recreation Director or a City Law Enforcement Officer may issue trespass notices against those who violate state laws within the park, who engage in violent or threatening behavior, or who have violated park rules on more than one occasion.

(B) A person who has received a trespass notice may, within 10 days of receiving the trespass notice, appeal the notice by filing a written appeal with the City Recorder. An appeal of a trespass notice is heard by the City Manager. At the hearing, the person may cross-examine any witnesses produced by the City, and a trespass notice is upheld if a preponderance of the evidence supports its issuance.

(C) Trespass notices shall be effective for up to one year and shall restrict the person from entering into or upon any park owned or operated by the City. Those who violate a trespass notice are subject to prosecution for criminal trespass, as provided in Utah law. [Ord. 16-09 § 1 (Exh. A).]

4.35.070 Motor vehicles and speed limit.

No person shall ride in or drive any motor vehicle upon any park, trail or multi-use open space except upon roads, parking areas or other hard-surfaced areas designated for motor vehicle operation. This shall not apply, however, to motorized equipment used within the property by officers or employees of the City, the Department of Wildlife Resources, or other county or state agency in the performance of their official duties. It is prohibited for any person to commit any act, by use or operation of any motor vehicle on any park, trail or multi-use open space, which if committed upon a public highway or street in the state, would be prohibited and unlawful.

(A) Speed Limit. Speed limits for motor vehicles within all parks, trails or multi-use open spaces, or their parking areas, shall be 10 miles per hour unless otherwise posted.

(B) Manner of Operation. No motor vehicles shall be operated in a careless or reckless manner to such an extent that it will endanger the peace, health and safety of any other person or animal within the property.

(C) Parking. There shall be no parking at any time except in areas designated for such purposes. Abandoned vehicles shall be towed at owner’s expense. No one shall test or repair any vehicle or mechanical device in any park, trail or multi-use open space. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-070.]

4.35.080 Signs and advertising.

(A) Regulatory Signs. Where signs have been posted under the direction of City officials on any City-owned or City-leased property regulating walking, entertainment, sports, use of vehicles, parking, instructions as to animals, fishing, swimming or containing other regulatory information, it is unlawful for any person to violate the provisions of such regulatory signs.

(B) Other Signs and Advertising. No person shall, without written permission of the Parks and Recreation Director or his/her designee, erect, paint, paste or otherwise affix or distribute any signs, advertisements or circulars on parks, trails or multi-use open space. No person may sell goods or services in parks, except upon written permission from the City. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-080.]

4.35.090 Animals.

Except in the City’s equestrian park, horses, cattle, and livestock of any kind are prohibited in any park. Domestic animals, i.e., dogs or cats, on a leash no more than six feet in length and under the control of a person may be brought into parks, trails and multi-use open spaces. It is unlawful for any person to hitch or fasten any animal to any tree, shrub, fountain, monument, lamppost or any other ornament growing or situated in any public street, public park or place within the corporate limits of the City. It is unlawful for any person to allow any animal under his control to bite, scratch or otherwise injure trees or shrubs.

No person shall annoy, interfere with, injure, release from confinement, or abandon any fowl or animal, wild or domestic, in a City park or on a trail, or in multi-use open space.

No person shall set a trap or snare, or shoot, injure, or poison any animal or bird in a park, trail, or multi-use open space, or injure or destroy any nest, except as authorized by an Animal Regulatory Officer. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-090.]

4.35.100 Golf and archery.

Practicing, playing or using public park areas, trails or multi-use open spaces for golf and archery is prohibited. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-100.]

4.35.110 Athletic games.

Permits are required for using City property for organized athletic events. Permits will be issued by the City and shall not interfere with City sponsored athletics or other events. A valid permit shall be displayed upon request in order to avoid conflicts in the use of facilities. Persons failing to honor a valid permit may be denied future permits to use the facilities. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-110.]

4.35.120 Personal profit or financial gain.

Reservations for park areas or multi-use open spaces or facilities shall not be granted for personal profit or financial gain without written permission from the City. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-120.]

4.35.130 Hours of closure.

(A) It shall be unlawful for any person, minor or adult, to be on any City park or multi-use open space, parking lot or sidewalk within property boundaries during the hours of 12:00 midnight and 5:00 a.m. except as otherwise posted. The City shall reserve the right to lock any gate or chain any door offering access to any property or building in order to restrict nighttime usage thereof.

(B) This section does not apply to the following:

(1) An individual or group involved in a City-sponsored activity where a City employee or an agent of the City is present.

(2) In any areas that may be designated for overnight camping, provided those camping possess a permit therefor.

(3) By written permit; provided, that the possessor of the permit strictly complies with the requirements therein.

(C) The City Manager or his designee may temporarily close or curtail activities upon any City-owned lands or waters, or any portions thereof, when it has been deemed to be in the best interest of public safety, conduct, health or order. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 09-11 § 2; Ord. 06-05 § 1; Code 1971 § 4-07-130.]

4.35.140 Park availability.

(A) Certain park facilities and multi-use open spaces may be reserved for use, subject to their availability, their good repair or maintenance, and seasonal considerations. Facilities and spaces available for reservation are identified in the City’s consolidated fee schedule. The City reserves the right to withhold reservations for any given day during the period of availability for any City-sponsored event or if the City determines there is necessary maintenance, cleanup, repair, or other work of an extraordinary nature that needs to be performed on any property or facility.

(B) The use of City park facilities by organized sports teams, whether for practice or competition, must first pay the reservation fees associated with the facility the team will be using. Teams may not use facilities without payment of fees, even if the facilities are vacant when the teams wish to use the facilities, and must provide proof of reservation upon request by City officials. For purposes of this section, “organized sports teams” means any group of individuals, regardless of age, that participates in league or tournament play. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-140.]

4.35.150 Entertainment and similar activities.

No commercial entertainment, demonstration, exhibition, meeting, concert or tournament, whether public or private, shall be given in any park, trail or multi-use open space without having obtained written permission from the City. This section does not prohibit free expression activities, such as noncommercial demonstrations, protests, or assembly for noncommercial purposes. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-150.]

4.35.160 Concessions.

No person may sell food, drinks, or other items in the park, trail or multi-use open space except as may be permitted by special contract approved by the City. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-160.]

4.35.170 Property reservations and fees.

In general, park, trail and multi-use open space usage is available on first-come, first-served basis. Planned events in which a reservation has been obtained shall have priority over events or uses that have not obtained a reservation.

(A) Reservations. Application for reservation of amenities may be made at the City office.

(B) Fees. A fee set by resolution shall be charged and collected at the time of reservation.

(C) Keys. Keys to reserved facilities may be picked up at the City offices on the last working day prior to the date of the reservation and returned on the first working day thereafter. A deposit shall be required and shall be forfeited if the key is lost or damaged. No such key shall be duplicated except by authorized City personnel. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 08-02 § 16; Ord. 06-05 § 1; Code 1971 § 4-07-170.]

4.35.180 Camping or sleeping overnight.

Camping or sleeping overnight in City parks or multi-use open space is permitted upon obtaining a permit from the Parks and Recreation Department of the City. There will be a fee associated with overnight camping or sleeping in City parks: See the Syracuse City fee schedule. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-180.]

4.35.190 Skatepark.

(A) In any skatepark facility owned or operated by the City of Syracuse, the use of motorized vehicles is prohibited.

(B) Persons riding a skateboard, bicycle or scooter, or using roller skates or in-line skates in a skatepark facility owned or operated by the City shall, without City supervision, skate at their own risk. The use of safety equipment including helmets, knee pads, elbow pads, and wrist guards is strongly recommended.

(C) Any person using the facility shall exercise extreme caution, respecting the use of the facility by other users, and complying with all rules or applicable ordinances.

(D) It is unlawful for any obstacles, including ramps, rails, or similar equipment or material not constructed as part of the skatepark, to be on the premises including, but not limited to, parking lots, sidewalks, grass areas, spectator areas, or other City property.

(E) Users or spectators should report any damaged facilities or hazardous conditions to the City.

(F) It is unlawful for any person to organize events at the skatepark facility without prior written approval from the Parks and Recreation Director or his/her designee. The City reserves the right to organize, promote, sponsor, and rent the facility for special events and may preempt other scheduled events at its own discretion.

(G) It is unlawful for any person to use skatepark facilities before dawn or after dusk on any day. The facility shall be open to the public dawn to dusk unless otherwise posted. The operating schedule of the facility may be curtailed at the discretion of the City for inclement weather, special events, unforeseeable circumstances, or for repairs to the skatepark.

(H) Any person who fails or refuses to comply with the provisions of this section and who is injured while using the skatepark facility shall be deemed negligent. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-190.]

4.35.200 Aquaculture facilities.

(A) Fishing. The use of any park with aquaculture facilities for the purpose of fishing must be in compliance with Title 23, Utah Code Annotated 1953 (Wildlife Resources Code of Utah), the rules and proclamations promulgated thereunder, orders issued pursuant thereto, and the provisions of this section.

(1) Ice skating and/or ice fishing shall not be allowed on any lake, pond, reservoir or stream within an aquaculture facility.

(B) Swimming. Except by special permit issued by the City Council, no person shall swim, bathe or wade in the waters of any fountain, pond, lake or stream not set aside for the purpose of swimming, bathing or wading or pollute the waters of any fountain, pond, lake, reservoir, or stream in any public park or playground. Domesticated animals are prohibited from swimming in any City park aquatic facility.

This section shall not apply to rescue efforts or the care and maintenance of aquaculture facilities.

(C) Flotation Devices – Motorized Boats or Flotation Devices. No person shall ride in or drive any motorized boat upon any lake, pond or stream within said aquaculture facilities. This shall not apply, however, to motorized boats used within the park by officers or employees of the City or of the Department of Wildlife Resources in the performance of their official duties in the care and clean-up of the facilities. Self-propelled boats, which are limited to small row boats (12 feet or less), float tubes, kick boats (pontoon boats), kayaks, paddle boats, and canoes will be allowed within said aquaculture facilities. In accordance with Utah law, all boats are required to have at least one Type 1, 2, 3, or 5 U.S. Coast Guard approved personal flotation device (life jacket) of proper size, in serviceable condition, and each person aboard any boat shall wear a personal flotation device at all times. All personal flotation devices must be used in accordance with the age, weight, activity, and use restrictions listed on the U.S. Coast Guard approval label.

(D) Model Boating. No person shall engage in model boating in, on or upon the waters of any aquaculture facility in the City of Syracuse.

(E) Aquatic Animals. No person is to put in or around any lake, pond or stream any type of nonnative or domesticated fish, frog, or any other kind of amphibian or aquatic animal including, but not limited to, goldfish, frogs, lizards, snakes, etc. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-21; Ord. 06-05 § 1; Code 1971 § 4-07-200.]

4.35.210 Trails.

Public trails may be designated by the City Council, and the City Council may terminate such areas as trails upon majority vote of the City Council.

Designated trails located within the City shall be maintained by the City. Such maintenance shall include mowing, watering and providing general maintenance to vegetation and facilities located within the designated trail areas pursuant to a maintenance plan and schedule determined by the City.

Trails established for pedestrian and nonmotorized vehicle usage shall generally be subject to all parks regulations. To ensure the safety and enjoyment of citizen usage, protection of wildlife, and of the natural resources, the following restrictions shall apply to all trails within the City:

(A) No horses or other equestrian animals shall be allowed on any pedestrian trail. All dogs, cats or other pets shall be on a leash no longer than six feet long.

(B) No motorized vehicles shall be allowed except for medical and regulatory agencies, i.e., police, animal control, maintenance and construction vehicles approved by the City.

(D) Cyclists riding two abreast shall not impede the normal movement of trail pedestrians and shall be subject to riding within a single lane. Cyclists shall maintain a safe speed along trails and shall be able to stop bicycles within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement. Persons riding bicycles, skateboards, and roller blades shall yield to pedestrians.

(E) No marking, disfiguring, or tampering with the trail surface or its surrounding area shall be permitted without consent from the City.

(F) All trail users shall obey trail signs posted. No individual shall post signs upon any trail, except City officials.

(G) No trail user shall, except in emergency medical circumstances, impede or obstruct a trail right-of-way. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-05 § 1; Code 1971 § 4-07-210.]

4.35.220 Equestrian park.

The City’s equestrian park shall be used mainly for activities involving horses and other domesticated animals. The City shall govern the use of the equestrian park and may prohibit specific activity uses. In addition to regulations for all parks generally, the following regulations shall be enforced at the equestrian park:

(A) The park may be used on a first-come, first-served basis unless prior reservations have been approved by an individual or group at the City office.

(B) Users of the equestrian park shall assume full liability for injury or damages of any nature that may occur to animals, people or property while using the equestrian park and shall hold the City harmless from any and all incidents, injuries, damages or occurrences that may arise out of the use of the rodeo grounds, the conduct of users’ agents, employees or members of users’ organizations, the presence, movement or operation of users’ vehicles and/or trailers, and the animals present at the rodeo arena.

(C) Users of the park shall not keep, maintain, or leave any personal property at the park without the written consent of the City, and without paying additional fees as established by the City Council.

(D) No animals shall be allowed to run free outside of the equestrian park boundaries.

(E) Use of the park for demolition derbies is prohibited. [Ord. 16-09 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 08-02 § 17; Ord. 06-05 § 1; Code 1971 § 4-07-220.]

4.35.230 Violations – Penalty.

(A) A person who violates any regulation or rule established under this chapter is guilty of an infraction, and subject to a fine not to exceed $500.00. The City may pursue this penalty through either criminal or civil administrative processes, at the City’s sole discretion.

(B) A prosecution under this section does not prohibit the City from pursuing additional or alternative remedies to abate nuisances or enforce its rules. [Ord. 16-09 § 1 (Exh. A).]