Chapter 2.72
CITY PARK CODE
Sections:
2.72.040 Posting signs, posters and notices.
2.72.050 Injury to park property unlawful.
2.72.060 Littering and illegal dumping.
2.72.080 Weapons, explosives, fireworks.
2.72.090 Business activity in parks.
2.72.100 Loudspeakers and sound amplification.
2.72.110 Permit for assemblies required.
2.72.120 Parking for certain purposes prohibited.
2.72.140 Skateboards and skates.
2.72.150 Remote control models, paragliders, hot air balloons.
2.72.160 Golfing, metal detecting.
2.72.170 Camping areas or unlawful storage of personal property.
2.72.190 Consumption or possession of liquor in a city park.
2.72.200 Opening or consuming marijuana in a city park.
2.72.210 All public park smoking and tobacco use prohibited.
2.72.230 Penalty for violations.
2.72.010 Definitions.
A. “Park” means and includes any and all city parks, park drives, pathways, plazas deemed to be a park, and play and recreation grounds under the management and control of the parks and recreation department.
B. “Director” means the director of the parks and recreation department of the city.
C. “Smoke” or “smoking” means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, e-cigarette, or any other lighted or electronic smoking equipment or material.
D. “Vape” or “vaping” means to inhale and exhale the vapor produced by an electronic cigarette or similar device. (Ord. 1880, 2019).
2.72.020 Hours.
Unless otherwise posted, city parks are open to the public from 6:00 a.m. to 10:00 p.m. April 1st to October 31st and 7:00 a.m. to 7:00 p.m. November 1st to March 31st. The parks are closed to the public outside of posted times. The parks and recreation director shall have the authority to modify the time a city park is open and closed to the public where the director determines it appropriate. (Ord. 1880, 2019).
2.72.030 Trespassing.
A. It is unlawful for any person except a duly authorized city employee in the performance of his/her duties, or other person duly authorized pursuant to law, to enter or go upon any area which has been designated and posted by the city as a “no admittance” or “no trespassing” area for the purpose of protecting the environment or for the purpose of protecting the public from conditions which constitute a potential hazard to life or physical well-being.
B. It is unlawful for any person to knowingly enter, remain in, or otherwise be present within park premises during hours when the park or portion of the park is not open to the public, unless the person is present within the park to participate in an activity conducted by the city or has obtained written permission form the city to do so in accordance with the city’s special event permit policy. (Ord. 1880, 2019).
2.72.040 Posting signs, posters and notices.
It is unlawful for any person, without prior written permission of the city of Burlington, to erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind of advertising in any park; or to attach any notice, bill, poster, sign, wire, rod, or cord to any tree, shrub, railing, post or structure within any park; or to erect a structure of any kind in any park. (Ord. 1880, 2019).
2.72.050 Injury to park property unlawful.
It is unlawful for any person to remove, destroy, mutilate, injure, cut, disturb or mark or write upon any structure or building, or any part of any structures or building, or any fixture therein, or attached thereto, or any monument, statue, fountain, wall, fence, railing, vehicle, bench, lighting system or sprinkling system or any other property lawfully located within the park, or to pick, cut or remove any tree, shrub, bush, plant, flower, rock, or wood of any kind including but not limited to logs and other woody debris placed in a park for habitat enhancement or to remove any animal, bird or fish except as permitted and regulated by the laws of the state related to fish and game. (Ord. 1880, 2019).
2.72.060 Littering and illegal dumping.
A. It is unlawful to deposit household or commercial garbage, trash, refuse, waste, debris, rubbish or organic matter which is brought as such from any private property, in any park garbage receptacle or upon any park property.
B. It is unlawful to leave, deposit, drop or scatter any bottles, broken glass, paper, cans or other rubbish, litter or refuse in any city park except in a garbage can or other receptacle designated for such purposes. (Ord. 1880, 2019).
2.72.070 Animals at large.
A. It is unlawful for any person to allow or permit any dog or other pet to run at large in any park except dogs used by a law enforcement officer or fire department personnel and except in areas specifically designated by the city for off-leash use. All dogs or other pets must be physically controlled at all times by a leash while in the park.
B. It is unlawful for any person to allow or permit any dog or other pet to enter any wading area, spray park, pond, fountain or stream or posted organized athletic area thereon, except for guide or service dogs.
C. Any person with a dog or a pet in her/his possession in any park shall be responsible for both the conduct of the animal and shall remove from any park feces deposited by such animal.
D. The parks and recreation director may restrict dogs or other pets from areas of any park where he/she determines it appropriate. (Ord. 1880, 2019).
2.72.080 Weapons, explosives, fireworks.
A. A person commits the offense of aiming or discharging a firearm if he/she aims any firearm, whether loaded or not, at or toward any human being; or willfully discharges any firearm, air gun or similar weapon; or throws or otherwise propels any deadly missile, bow and arrow or slingshot in any park.
B. Subsection (A) of this section does not apply to law enforcement personnel or participants in a parks and recreation program which, as a component of the program, includes the use of such weapons; or by city of Burlington special event permit.
C. It is unlawful to discharge or use any fireworks, firecrackers, rockets, or explosive of any kind within any park unless a written permit has been obtained from the city, subject to any applicable local, state or federal laws. (Ord. 1880, 2019).
2.72.090 Business activity in parks.
A. Except with the prior written permission from the city of Burlington, it is unlawful to conduct any type of business activity in any park.
B. As used in this section, business activity shall include, but not be limited to, the following:
1. Sale, display for sale, or taking or attempting to take orders for the sale of food, edible, beverage, liquid, merchandise, or any other tangible or intangible thing, right, privilege or claim;
2. Providing classes or other forms of instruction for a fee or other valuable consideration;
3. Soliciting contributions for commercial ventures or asking for any payment or gift of money; or
4. Seeking opinions, preferences, or other information for commercial purposes. (Ord. 1880, 2019).
2.72.100 Loudspeakers and sound amplification.
It is unlawful to operate or use any loudspeaker or mechanical means of amplifying sound in any park, including but not limited to boom box type radios or speakers from mobile phones, without written permission by the city of Burlington; provided, that before granting any such permit, the city shall establish general rules and regulations pertaining thereto, which rules and regulations may be more restrictive than the requirements set forth in otherwise applicable sections of the Burlington Municipal Code. (Ord. 1880, 2019).
2.72.110 Permit for assemblies required.
It is unlawful for any person to hold, sponsor or participate in any organized assembly without first giving to the city written notice thereof and obtaining therefrom a written permit to do so in accordance with the city’s special event permit policy. Such rules and regulations may require a fee for clean-up, undertakings, the furnishing of waste and sanitary conveniences and effective plans for traffic and crowd control and management. (Ord. 1880, 2019).
2.72.120 Parking for certain purposes prohibited.
A. No person shall park any vehicle in any park or park parking lot for the principal purpose of displaying of commercial or noncommercial signs; or displaying such vehicle for sale.
B. No person shall park any vehicle in any park for the principal purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency.
C. Overnight parking in any city park is prohibited with the exception of those that have applied for and been given a valid and current special event permit. Vehicles are subject to being towed at the owner’s expense if a permit has not been obtained from the parks and recreation department. (Ord. 1880, 2019).
2.72.130 Vehicles.
A. It is unlawful to ride or drive any motor vehicle, motorcycle or motor-driven cycle over or through any park except along and upon the public roads, streets, designated parking areas, or other designated areas therein or to operate any vehicle at a speed in excess of the posted speed limit. The operator of such motor vehicle, motorcycle, or motor-driven cycle and such vehicle shall be properly licensed if required by state law.
B. Vehicles shall only be parked in designated parking areas of park property. (Ord. 1880, 2019).
2.72.140 Skateboards and skates.
The parks and recreation director may restrict skateboarding, in-line skating, roller skating or any device similar to the foregoing in any areas of any park where he/she determines it appropriate. (Ord. 1880, 2019).
2.72.150 Remote control models, paragliders, hot air balloons.
It is unlawful to operate any paragliders, ultralight aircraft, watercraft or similar device in any park, or to launch or land any hang-glider, drone or hot air balloon in any park except when authorized by a city of Burlington special event permit. Small drones, radio control aircraft, model aircraft or other unmanned aircraft system not requiring a permit or registration with the Federal Aviation Administration may not be operated within or above a city of Burlington park except with prior written authorization through a city of Burlington special event permit, or in specific places that may be designated by the parks and recreation director for such purposes. (Ord. 1880, 2019).
2.72.160 Golfing, metal detecting.
It is unlawful to practice or play golf or perform metal detecting in any park property. (Ord. 1880, 2019).
2.72.170 Camping areas or unlawful storage of personal property.
A. It is unlawful for any person or group of persons to camp in any park except by obtaining city written permission to do so in accordance with the city’s special event permit policy.
B. A person commits the offense of unlawful storage of personal property in a city park if he or she stores personal property, including camp facilities and camp paraphernalia, in a city park, except as otherwise provided by ordinance or park rule. (Ord. 1880, 2019).
2.72.180 Building fires.
It is unlawful for any person to build or kindle any fire in any park except in city-provided barbeque/barbeque pit or by obtaining the city’s written permission to do so in accordance with a city’s special event permit. Fires may be restricted in accordance with a burn ban. (Ord. 1880, 2019).
2.72.190 Consumption or possession of liquor in a city park.
It is unlawful to bring into any park, possess, or consume, while in any park, any wine, beer or other alcoholic beverage; provided, except by obtaining city written permission to do so in accordance with the city’s special event permit policy. (Ord. 1880, 2019).
2.72.200 Opening or consuming marijuana in a city park.
It is unlawful to open a package containing marijuana, usable marijuana, or a marijuana-infused product, or consume marijuana, usable marijuana, or a marijuana-infused product, in a city park. Any person who possesses 40 grams or less of marijuana in a city park shall be guilty of a misdemeanor and will be subject to the provisions of chapter 1.24 BMC. (Ord. 1880, 2019).
2.72.210 All public park smoking and tobacco use prohibited.
A. The use of all tobacco products (including chewing tobacco), smoking, and e-cigarettes/vaping is prohibited in all public parks, as well as on the sidewalks and rights-of-way abutting such parks.
B. It is unlawful to use any form of tobacco, nicotine, or electronic smoking devices, including but not limited to vaporizers and e-cigarettes, within 25 feet of any indoor recreation facility. (Ord. 1880, 2019).
2.72.220 Trail use.
Trail users must abide by all posted signs along trails in the city. Unless otherwise posted it is unlawful to operate motorized vehicles on any city trail. (Ord. 1880, 2019).
2.72.230 Penalty for violations.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished according to the provisions of chapter 1.24 BMC. (Ord. 1880, 2019).