The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them:

Board shall mean the recreation advisory board created in this chapter.

Department shall mean the department of parks and recreation created in this chapter.

Director shall mean the director of the department of parks and recreation whose office is created in this chapter.

There is hereby created a department of the city to be known as the department of parks and recreation. There is likewise created the office of director of the department of parks and recreation who shall be appointed by the city manager and confirmed by the mayor and councilmen. His compensation should be determined by the city manager within the budget appropriation. The director should be directly responsible to and under the supervision of the city manager.

(Code 1958, § 2-401; Ord. No. 104, § 3, 8-6-58; Ord. No. 321, § 1, 11-13-67)

The director shall supervise recreation areas, facilities, services and programs for public recreation in its broadest sense, including playgrounds, playfields, swimming pools, beaches, camps, indoor community centers and any and all other recreational facilities and activities. The director, with the approval of the city manager, shall have the power to conduct all activities and to pay for the necessary supervision and caretaking incident thereto on the grounds and properties owned or leased or controlled by the city or its departments, or any other property within the city with the consent of the owner or authorities who control it, and to conduct activities and pay for the necessary supervision and caretaking incident thereto on the grounds and properties owned, leased or controlled by the Lamphere or Madison school boards following agreement with those boards as to location, extent and regulation of use.

(Code 1958, § 2-402; Ord. No. 104, § 3, 8-6-58)

The director may recommend to the city manager the employment of such assistants, supervisors, play leaders, teachers and other employees as may be necessary, in his judgment, for the proper administration of the recreation program and they may be employed by the manager within the budget appropriation.

(Code 1958, § 2-403; Ord. No. 104, § 3, 8-6-58)

The director shall annually on or before the first day of March of each year render a full report to the city manager, the mayor and city council covering the operations for the previous year, together with a detailed account of his recommendations, and estimated budget for funds required for the work for the ensuing year. The council shall thereupon consider such budget and make such allowances as it shall deem proper to be used by the director in a manner that will best serve the recreational needs of the city. He shall also render such other regular and special reports and make such investigations in addition as may be required to promote and effectuate the purpose of this chapter.

(Code 1958, § 2-404; Ord. No. 104, § 3, 8-6-58)

(a)

There is hereby created the parks and recreation advisory board.

(b)

Scope.

(1)

The board is a non-administrative board serving solely in an advisory capacity. In that capacity, the board may recommend action to the council, but may not assume any legislative or administrative authority in the operation of the parks and recreation divisions. No action of the board can relieve the supervisors of parks and recreation of their responsibility for the administration of the division nor limit their authority. The purpose of the board is to help by serving as an advisory group.

(2)

The board exists to promote an outstanding recreational and parks programming for the citizens of the city. In pursuit of this objective it shall serve as:

(A)

A forum for the careful consideration of policy matters related to the operation of the recreation and parks programs including maintenance and development of the parks system;

(B)

An advisory to the supervisors when requested;

(C)

A recommending body to the city council on general policy;

(D)

A recommending body to the city council on long-term recreational and park planning and policy.

(Ord. No. 2135, § 1, 3-11-19; Ord. No. 2191, § 1, 11-28-22)

(a)

The board shall be composed of nine voting members, one city council representative, six to be appointed by the mayor with the approval of the city council, two school board representatives; three student representatives, four ex officio members, and three alternates shall be non-voting, as follows:

(1)

One member from among the members of the city council, one member from the Madison School District and one member from the Lamphere School District, and six members from the residents of the city-at-large; each shall have one vote.

(2)

Three students to be appointed by the board staff liaison. The student representatives shall be nonvoting and shall serve as long as they are willing and a student in a school located in Madison Heights.

(3)

One council alternate and two alternate members from the residents of the city-at-large shall be non-voting ex-officio members; in the case of the delegate from either the Lamphere School District Board or the Madison School Board or both, the said school boards may designate an alternate school district delegate who shall sit only in the absence of the regularly appointed school district delegate and who shall have the same authority and powers as such regularly appointed school district delegate. In the case of the delegate from the city council, the city council may designate an alternate city council delegate who shall sit only in the absence of the regularly appointed city council delegate and who shall have the same authority and powers as such regularly appointed city council delegate. In the case of the resident at-large delegates, the mayor with the approval of the city council, may designate two alternate delegates who shall sit only in the absence of a regularly appointed resident at-large delegate and who shall have the same authority and powers as such appointed resident at-large delegate.

(4)

The department of public services director, a department of public services supervisor, the recreation coordinator, and one Oakland County Parks and Recreation staff member shall be ex officio members without a vote.

(5)

Appointees should have a keen interest and personal knowledge of recreational programs for children and adults; and, in park programs for individuals and families.

(6)

Terms of the citizen members are two years and are staggered. Councilmember appointments are two-year terms until the next regular city council election.

(7)

Members of the parks and recreation advisory board shall serve without pay.

(8)

If an at-large board member is elected to school board office, they are able to complete their current term as an at-large member.

(9)

The board shall elect a chairperson from its membership annually.

(Ord. No. 2135, § 1, 3-11-19; Ord. No. 2191, § 1, 11-28-22)

(a)

Regular meetings of the board shall be held as needed.

(b)

With the approval of the city council, the board may adopt such rules and regulations as may be necessary for the transaction of its business.

(c)

The commission shall follow Robert's Rules of Order and keep a record of its proceedings. All Meetings shall be noticed and conducted in accordance with the Michigan Open Meetings Act (1976 PA 267, MCL 15.261 through 15.275, as amended).

(d)

Attendance by 50 percent or more of the current membership of the commission shall constitute a quorum for the transaction of business. Any action of the commission shall require a concurrence of the majority of quorum present at the meeting.

(Ord. No. 2135, § 1, 3-11-19; Ord. No. 2191, § 1, 11-28-22)

It shall be lawful for any member of the police department, when called upon, to go upon or within public parks or public playgrounds to enforce the provisions of this article.

(Code 1958, § 4-225; Ord. No. 455, § 1, 8-3-71)

Cross reference— Police department, Ch. 20, Art. II.

It shall be unlawful for any person to use, occupy, drive upon or within any public park or public playground within the city when the use, occupancy, driving upon or within, has been prohibited by resolution of either the city council or the school board having jurisdiction over such public park or public playground.

(Code 1958, § 4-223; Ord. No. 455, § 1, 8-3-71)

The school board or city council having jurisdiction over the public park or public playground when it has restricted such use as provided in this article, shall clearly post with signs the area so restricted.

(Code 1958, § 4-224; Ord. No. 455, § 1, 8-3-71)

The mayor and chief of police or their designee may, when they deem that an emergency has arisen which will affect the health, or welfare of the city and its residents, prohibit the use, occupancy, driving upon or within, of all or any of the public parks or public playgrounds within the city for a continuous period not to exceed 48 hours.

(Code 1958, § 4-226; Ord. No. 455, § 1, 8-3-71)

(a)

The use and enjoyment of the parks established and maintained by the city shall be, and is hereby, opened to the general public.

(b)

No person shall use any park or recreation facility for which a fee or reservation is required without first having paid said fee or secured said reservation.

(c)

No organization or individual shall be refused permission to use any park facility or to make reservations because of race, color, creed or sex.

(Code 1958, § 4-228; Ord. No. 510, § 1, 10-25-73; Ord. No. 772, § 1, 12-2-85)

No person shall willfully mark, deface, disfigure, tamper with, displace or remove any buildings, tables, benches, fireplaces, trees, shrubs, flowers or any other park property or appurtenances whatsoever, either real or personal. No structure, booth, tent or stall shall be erected on any park property for any purpose without permission from the city council.

(Code 1958, § 4-229; Ord. No. 510, § 1, 10-25-73)

Cross reference— Injuring public property, § 17-1.

No person shall fail to comply with all provisions of the uniform traffic code and all provisions of the city ordinances, relative to equipment and operation of motor vehicles. No person shall drive or park a motor vehicle on any park area except roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas by the city council. This section shall not apply to maintenance activities by department personnel or authorized city vehicles.

(Code 1958, § 4-230; Ord. No. 510, § 1, 10-25-73)

Cross reference— Traffic and motor vehicle code, Ch. 26.

No person shall clean, wash, repair or in any manner service any motor vehicle or trailer in any public park or playground or cause same to be done. For the purpose of this section the term "repair" shall be deemed to mean the replacement of old, worn-out parts of the vehicle with new parts, and the term "service" shall be deemed to mean the draining of oil, sludge, gasoline, water and other engine cooling fluids for the purpose of replacing same with the new supply. This prohibition shall not apply to the changing of deflated tires or the performing of necessary emergency work on a disabled car for the purpose of immediate movement.

(Code 1958, § 4-231; Ord. No. 510, § 1, 10-25-73)

No motorcycles, snowmobiles, motor scooters, motor bicycles, motor carts or minibikes, commonly known as "go-carts," off road dune buggies and all terrain vehicles, shall be permitted in any public park or playground.

(Code 1958, § 4-232; Ord. No. 510, § 1, 10-25-73)

Cross reference— Traffic and motor vehicle code, Ch. 26.

No person shall dump, deposit or leave any bottles, broken glass, ashes, boxes, cans, rubbish, waste, garbage or other trash of any nature in any public park, except in proper receptacles where they are provided. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the parks by the person responsible for its presence and properly disposed of elsewhere.

(Code 1958, § 4-233; Ord. No. 510, § 1, 10-25-73)

Cross reference— Garbage and rubbish, Ch. 14.

No person shall kindle or build a fire in any public park or playground except in such receptacles as are provided for such public use, or in private receptacles or grills, provided same are placed in areas designated for such purpose.

(Code 1958, § 4-234; Ord. No. 510, § 1, 10-25-73)

Cross reference— Fire prevention and protection, Ch. 12.

No person shall bring into a park, or have in his possession, or set off or otherwise cause to explode in any park, any firecrackers, torpedoes, rockets or other fireworks or explosives, or discharge them or throw them into any park area from land or highway adjacent thereto, provided that a special permit to use fireworks may be granted by the fire chief upon approval of the city council, which will include restrictions as to time and location.

(Code 1958, § 4-235; Ord. No. 510, § 1, 10-25-73)

Cross reference— Fire prevention and protection, Ch. 12.

No person shall expose or offer for sale in any park any salable merchandise. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the city council. No person shall paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatsoever in any park, nor shall any person erect or cause to be erected any sign whatsoever in any park, unless prior approval has been received from the city council or its designated agent.

(Code 1958, § 4-237; Ord. No. 510, § 1, 10-25-73)

Cross reference— Business regulations and licenses, Ch. 7.

No person or group shall bring alcoholic beverages into any park nor shall any person or group drink alcoholic beverages at any time in any park unless they shall have first obtained permission from the police chief or his designated agent stating that he may do so on a specific date. No permit shall be issued for consumption of alcoholic beverages having a higher alcoholic content than beer or wine. This permission may be revoked by the police chief or his designated agent.

(Code 1958, § 4-238; Ord. No. 510, § 1, 10-25-73)

No person shall take down, climb over or upon, interfere with, disturb or displace or walk upon any rails, posts, boards, fences or other structures enclosing any park or playground or portion thereof.

(Code 1958, § 4-239; Ord. No. 510, § 1, 10-25-73)

No person shall permit any pet owned by him or under his control or custody to enter any park where a sign or signs are posted bearing the legend "No Pets Allowed," or other words to the same effect. In park areas where pets are permitted, such pets shall, at all times, be kept under reasonable control by means of a leash.

(Code 1958, § 4-240; Ord. No. 510, § 1, 10-25-73)

Cross reference— Animals and fowl, Ch. 5.

No person shall remain upon any public park property or playground between the hours of 10:00 p.m. to 7:00 a.m.; provided, however, that this section shall not apply to employees of the city in the course of their duties or to activities being held under the auspices of the department. The city council is hereby empowered to waive this section when such action will serve the public benefit and welfare.

(Code 1958, § 4-241; Ord. No. 510, § 1, 10-25-73)

The city manager is hereby empowered to make such rules and regulations subject to the approval of the city council, pertaining to the conduct and use of parks and public grounds as are necessary to administer the same and to protect public property and the safety, health, morals and welfare of the public. Any person failing to comply with such rules and regulations shall be guilty of a violation of this article.

(Ord. No. 510, § 1, 10-25-73)

Cross reference— City manager and departments generally, Ch. 2, Art. II.