The board of the department of parks and recreation may establish, control, maintain and regulate playgrounds and recreation centers, bathing beaches, swimming and wading pools and golf courses, and provide and maintain all necessary equipment, supplies, buildings and structures therefor. The board shall supervise and provide employees for the operation of all such activities and may adopt and enforce all reasonable rules and regulations to control all such employees and all other property under its control and jurisdiction.

(Code 1975, § 22-1)

(a)

During the season, when so declared by the board of the department of parks and recreation, Garfield Public Park shall be open to the public from 6:00 a.m. until 10:00 p.m., and all other public parks shall be open to the public from 6:00 a.m. until 11:00 p.m.; however, upon written order of the director or on special occasions, the hours may be changed and fixed generally different from such specified hours.

(b)

It shall be unlawful for any person, other than an employee of the city in the course of his employment, or except while traveling on an established roadway through a park, to be or remain in any park during any time it is not open, or to use any park at any time for any unlawful meetings or purposes.

(c)

The first violation in any calendar year shall be subject to admission of violation and payment of the designated civil penalty through the ordinance violations bureau in accordance with Chapter 103 of this Code. All second and subsequent violations in the calendar year are subject to the enforcement procedures and penalties provided in section 103-3 of this Code.

(Code 1975, § 22-2)

It shall be unlawful for any person to write on, cut, mutilate, deface, damage, remove or destroy in any manner any building, swimming or wading pool, golf course, equipment, structure, fountain, fence, bench, masonry, statue, ornament or any other property, real or personal, or any appurtenances thereto, owned or operated by the city or its department of parks and recreation, and located upon or in any park, golf course, playground or on any other place or property under the control of the department. It shall also be unlawful to damage, remove or destroy any property leased or loaned to or by the department, including any property on which a concession has been granted by such department, or belonging to any person and rightfully upon park property.

(Code 1975, § 22-3)

It shall be unlawful to remove, relocate, damage or destroy any benches, seats, tables, equipment or other movable property, at any time from their places in any park, golf course or other park property, without permission from the park custodian or other authorized park official.

(Code 1975, § 22-4)

(a)

It shall be unlawful for any person who is not an employee of the department of parks and recreation, or who is not authorized to do so by the department, to pull, pluck, break, plant, trample, climb into, remove, injure, mutilate or destroy any tree, shrub, plant, vine, hedge, flower or fruit, whether wild or cultivated, or to cut, break down, bend, damage the bark or trim any sapling, tree shrub or plant, or any limbs, branches, twigs or leaves thereof, that is growing and located in any public park, street, tree row or playground, or on any property controlled, leased or loaned to others by the department or on which a concession has been granted by it, or on any other property outside a park and which is under the control or supervision of the department.

(b)

It shall be unlawful for any person who is not an employee of the department of parks and recreation or an employee of the department of public works, or who is not authorized to do so by either department, to perform any trimming and cutting of flora along public streets or public ways.

(Code 1975, § 22-5; G.O. 15, 2001, § 89)

Cross reference— Trees and flora generally, ch. 701.

(a)

It shall be unlawful for any person deemed to be an offender against children and required to register under IC 5-2-12 or who have been found by a court to be a sexually violent predator, under IC 35-38-1-7.5, or the law of any jurisdiction that identifies the person as being likely to repeatedly commit a sex offense, or has been convicted of one (1) or more of the following offenses:

(1)

Child molesting, under IC 35-42-4-3;

(2)

Child exploitation (IC 35-42-4-4(b));

(3)

Child solicitation (IC 35-42-4-6);

(4)

Child seduction (IC 35-42-4-7);

(5)

Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age; or

(6)

An offense in another jurisdiction that is substantially similar to an offense described in subsections (a)(1) through (a)(5); to be within one thousand (1,000) feet of a public playground, recreation center, bathing beach, swimming or wading pool, sports field or facility, when children are present unless such person or persons are accompanied by an adult person who is not also required to register under IC 5-2-12.

(b)

It shall be unlawful for any person required to register under IC 5-2-12 to bring or accompany any other person required to register under IC 5-2-12 to a public playground, park, recreation center, bathing beach, swimming or wading poll, sports field or facility, when children are present or are expected to be present at such facility or venue. However, this section shall not apply to any person whose name has been removed from the registry by act of a court or by expiration of the term such person is required to remain on the registry pursuant to IC 5-2-12.

(c)

It shall be unlawful for any person to use profane, obscene, lewd, threatening or abusive language; or to fight, quarrel or throw any stone or missile; or to behave in a loud or disorderly manner; or to commit any offense against decency, good morals or contrary to law; or to litter, dump or deposit any garbage or other offensive substance or article upon any park, playground or any other property under the control or supervision of the department of parks and recreation, or on any property leased or loaned or on which a concession has been granted by it; or to use or participate with others in using any such places for any subversive, seditious or other unlawful purposes.

(d)

No unlawful, threatening, abusive, profane, lewd or indecent language, gesture or conduct shall be permitted in or in the vicinity of any bathing beach, wading or swimming pool, recreation center or playground; nor shall any person who is lawfully at any such place be so annoyed or unlawfully touched.

(e)

A person who violates any provision of subsections 631-106 (a) or (b) shall be guilty of an infraction punishable by:

(1)

A fine not exceeding six hundred dollars ($600.00) for a first violation.

(2)

A fine not exceeding one thousand dollars ($1,000.00) for a second violation within one (1) year.

(3)

A fine not exceeding two thousand five hundred dollars ($2,500.00) for each additional violation within one (1) year.

(f)

Fines under this section shall not apply when the prohibited conduct is the subject of a new criminal offense under any applicable state or federal statute or when the prohibited conduct is the basis for the revocation of any conditions of parole or probation.

(Code 1975, § 22-6; G.O. 51, 2006, § 1)

It shall be unlawful for any person to gamble, or violate any federal, state or city laws pertaining thereto, in any public park, playground or any other place controlled by the department of parks and recreation.

(Code 1975, § 22-7; G.O. 78, 1999, § 2)

Cross reference— Gambling generally, ch. 351.

It shall be unlawful for any person, unless authorized by resolution of the board of parks and recreation, to discharge any firearms or other explosive devices, or to endanger others by the use of any weapon, article or device, within any park, playground or on any property controlled or leased by the department of parks and recreation, or on which a concession has been granted by it.

(Code 1975, § 22-8; G.O. 23, 2011, § 3)

Cross reference— Weapons, ch. 451.

(a)

Definitions.

(1)

Alcoholic beverage is used as the term is defined by IC 7.1-1-3-5 and as that statute may be amended or supplemented from time to time.

(2)

Controlled substances is used as the term is defined by IC 35-48-1-9 and as that statute may be amended or supplemented from time to time.

(b)

It shall be unlawful for any person to bring a controlled substance into or use a controlled substance in any park or other premises or place under the jurisdiction or control of the department of parks and recreation.

(c)

(1)

It shall be unlawful for any person to be under the influence or effect of an alcoholic beverage or controlled substances in any park or other premises or place under the jurisdiction or control of the department of parks and recreation.

(2)

It shall be unlawful for any person to bring an alcoholic beverage into or use an alcoholic beverage in any park, premises or place under the jurisdiction or control of the department of parks and recreation unless the board of parks and recreation has approved the sale and/or use of alcoholic beverages at a specific location or event in a park or other premises or place.

(d)

The first violation in any calendar year shall be subject to admission of violation and payment of the designated civil penalty through the ordinance violations bureau in accordance with Chapter 103 of this Code. All second and subsequent violations in the calendar year are subject to the enforcement procedures and penalties provided in section 103-3 of this Code.

(Code 1975, § 22-9; G.O. 36, 1999, § 1)

(a)

It shall be unlawful for any person, being the owner of or having control thereof, and without permission of the board of parks and recreation, to suffer or permit any chickens, ducks, geese, swans, hogs, cattle, horses, sheep, goats or any other animals or fowl, to stray into or to run at large or unattended or to trespass upon any park, playground, waters or any property controlled, leased or loaned by the department of parks and recreation or on which a concession has been granted by it. Any of the animals or fowl prohibited by this subsection, straying into, running at large or unattended or trespassing on park lands, may be impounded by the department of parks and recreation, and, if not reclaimed and the costs thereof paid by the owners, may be sold as provided by law and this Code for the disposal of stray animals which are held in the city pound.

(b)

It shall be unlawful for any person harboring or controlling a dog to permit or to suffer such dog, when not attended and under the control of the person and held by a leash, to be in any park, public playground or golf course, or at any time to enter any wading or swimming pool or beach located therein.

(c)

Notwithstanding the provisions of section 531-102 and section 631-110(b) of this Code, dogs are permitted off-leash in specific areas under the jurisdiction or control of the department of parks and recreation, which areas are designated as off-leash areas by the board of parks and recreation.

(d)

It shall be unlawful for any person to ride, lead or drive a horse, mule, pony, donkey or any other beast of burden on any park property; except that the board of parks and recreation may designate certain portions of park property as bridle paths or other areas wherein horses and other equine animals may be ridden, after securing a written permit therefor from the board. Horseback and other animal riding shall be confined exclusively to designated bridle paths and in public parks, or to other places set apart for such use. Reckless riding or racing at any place shall be unlawful. Riding horses or other animals on or across grass lawns, flower beds, golf courses or any park property, other than on bridle paths or places designated therefor, shall be unlawful.

(Code 1975, § 22-10; G.O. 76, 1999, § 1; G.O. 113, 1999, § 1; G.O. 74, 2005, § 1)

Cross reference— Animals and fowl generally, ch. 531.

It shall be unlawful for any person, not an employee of the department of parks and recreation or not so authorized by such department, to chase, catch, trap, injure, molest, kill, disturb, annoy or remove any animal, bird, fish, reptile or fowl, either wild or domestic, on land, in the air or water, or in any place in any park, zoo or playground, or on any property controlled, leased or loaned by such department, or on which a concession has been granted by it.

(Code 1975, § 22-11)

Cross reference— Animals and fowl generally, ch. 531.

(a)

Trucks and other vehicles may be restricted, prohibited or regulated in any manner deemed necessary for the public safety and welfare in using the parks and other places under the control of the department of parks and recreation, by signs posted under authority of the park board and by regulations and permits issued by it, and as otherwise provided by this Code.

(b)

No motor vehicle shall be parked or driven within the boundaries of Washington Park except upon established roadways or properly designated parking areas.

(Code 1975, § 22-12)

Cross reference— Traffic, ch. 441; motor vehicles, ch. 611.

Picnics may be held in any public park by obtaining from the board of parks and recreation, or the custodian or superintendent of the park, a permit therefor in which will be designated the time, place and the conditions and regulations upon which the picnic may be held. It shall be unlawful for any person who is not invited or included by the sponsors thereof to intrude himself upon a picnic, without the consent of those in charge thereof, or to disturb any picnic within the park. The board shall adopt such general rules and regulations as necessary for compelling persons holding picnics or eating anything within any public park to clean up the ground and remove or dispose of all food, paper, litter and other debris before leaving the premises. Picnicking within one hundred (100) feet of the fairways, tees and greens of any golf course or within the space designated for ball diamonds, tennis courts, playgrounds, wading or swimming pools or beaches, horseshoe courts, archery ranges or casting pools, or in any other areas set aside for such uses, is prohibited. Eating by any person in parks may be limited to areas set aside therefor.

(Code 1975, § 22-13)

It shall be unlawful for any person, not an employee of the department of parks and recreation, to build, kindle or ignite a fire for cooking, heat or any other purpose in any park, playground or on any property controlled or leased by the department, or on which a concession has been granted by it, or on any other property under the control or supervision of the board of parks and recreation, except as allowed for any such purposes in accordance with such regulations as the board shall establish regulating the use of outdoor ovens at any designated place or other such uses in certain areas.

(Code 1975, § 22-14)

Cross reference— Fire prevention and protection, ch. 591.

Sleeping in parks or upon golf courses, playgrounds, park lands or any bench or other equipment located in or on any park premises is prohibited, except in such places and at such times as may be especially designated therefor and permitted by the board of parks and recreation.

(Code 1975, § 22-15)

It shall be unlawful for any person to paint, post or otherwise affix any bill, notice or advertising sign upon any structure, tree or thing within any park, playground, golf course or other property under the control of the department of parks and recreation, without first having obtained written permission therefor from the board of parks and recreation.

(Code 1975, § 22-16)

It shall be unlawful for any person to sell, offer for sale or barter any goods, wares or merchandise of any kind whatever within any public park, playground or other park property, without first having obtained written consent or a concession therefor from the board of parks and recreation.

(Code 1975, § 22-17)

It shall be unlawful for any person to drive golf balls, fly model planes, throw objects, practice archery or shooting, or participate in any other games or activities which are hazardous to others on property controlled or operated by the board of parks and recreation, or located in or on any park or playground; however, the department of parks and recreation may set aside and designate places and specify the times and regulations for engaging in any such activities.

(Code 1975, § 22-18)

(a)

Municipal golf courses and clubhouses may be established and operated by the board of parks and recreation in parks or other locations in the city. During the golf season fixed therefor, they shall be open to the public from 5:00 a.m. until such time in the evening as may be designated by the board of parks and recreation; however, the board may regulate the hours or direct the closing of any golf course or clubhouse at any time. Except during the hours specified, no person other than employees of the department of parks and recreation shall be permitted to remain in any golf clubhouse or on any golf course. The board may designate the size and limits of any golf course, and shall fix and collect reasonable fees for the use thereof. No person shall play golf upon any golf links operated by the department, except upon payment of the fees stipulated by it and in compliance with its rules and regulations thereon, as may be adopted by it at any time.

(b)

All persons within the limits of any golf course must at all times abide by the rules and regulations of the golf course, which shall be posted in the clubhouse or upon the course, and by the orders of the custodian of such course, and shall not violate any laws of the city or state. For any violation of this section, the violator may be punished as prescribed by this Code and be excluded from the use of any golf course controlled by the board.

(c)

It shall be unlawful for any person to sell or offer for sale golf balls, clubs or any articles whatever for use in playing golf on any municipal golf course or within five hundred (500) feet of the boundary lines of any golf course, without the written consent of the board of parks and recreation or without an annual or seasonal permit therefor.

(Code 1975, § 22-19)

The board of parks and recreation is authorized and permitted to provide for, regulate, set aside and allocate the use by persons, vehicles and animals of all the public parks, playgrounds and other public places under its control, but without being limited to such classifications, for and into the following general classes of uses and purposes:

(1)

Playground areas: Including baseball diamonds, football fields, golf courses, footrace courses, tennis and squash courts, handball alleys, softball diamonds, basketball courts, bowling greens, horseshoe courts, boating and skating watercourses, bathing beaches, swimming and wading pools, and any other kinds of athletic fields, recreation areas and uses; with all buildings and structures and equipment appurtenant thereto.

(2)

Picnic and recreation areas: Including roadside and park tables and outdoor ovens for eating and drinking.

(3)

Bridle paths: In or outside of parks.

(4)

Public meeting areas: In these areas, public meetings and public forums may be permitted for any lawful purpose or use, after obtaining a permit therefor from the board, to be issued free of charge. In public meetings and public forums held at any time, the board of parks and recreation shall provide regulations to restrict the use of loudspeakers and other devices, so that sound therefrom shall cover only the area where the public forum or public meeting is being conducted and shall not annoy or unduly interfere with the use of the park for other purposes in the areas set aside therefor.

(5)

Areas for concerts and theatrical performances:

a.

Permits: The board of parks and recreation is authorized and empowered to issue a permit restricting or setting aside all such various areas of the city parks, upon specified and reasonably limited occasions or periods of time, for concerts or theatrical performances or for some other similar purpose, and may prohibit the use of any or all such areas by other persons at any such times, except for such use thereof which is prescribed and then allowed for any such area.

b.

Administrative finding: The board of parks and recreation shall require from any person or organization desiring a permit pursuant to subparagraph (5)a. an application which sets forth all relevant information concerning the proposed permit. The board shall not grant such a permit unless the board of parks and recreation affirmatively finds that all of the following standards are met:

1.

Adequate sanitation services for the estimated attendance will be available.

2.

Adequate parking facilities for the estimated attendance will be available.

3.

Permittee shall provide security adequate to protect the health, safety and general welfare of the public.

Failure to have complied with prior permits shall be deemed adequate grounds to deny a permit.

c.

Security bond or deposit: The board of parks and recreation, upon the recommendation of the director, may request from any person or organization desiring a permit pursuant to subparagraph (5)a. a security deposit or bond to secure reimbursement to the city of any:

1.

Expenses incurred by the city as a result of providing police protection for the persons attending the event for which the permit is requested;

2.

Expenses incurred by the city in the form of cleanup expenses or repairs to damaged property, which expenses are incurred as a result of actions of persons attending the event for which the permit is requested.

(6)

Toilet facilities: Adequate separate toilet facilities shall be provided and maintained in every park for both sexes. No person of the opposite sex, except children under four (4) years of age in charge of an adult, shall enter any such facility provided for the other sex.

(Code 1975, § 22-20)

The board of parks and recreation, the director of parks and recreation, park superintendents, recreation supervisors, park police, Indianapolis metropolitan police department officers, state law enforcement officers, all health authorities, and the custodians and other employees of the department of parks and recreation appointed and sworn as special police officers pursuant to chapter 251, article VII of the Code, are authorized and empowered to enforce any and all provisions of this chapter and laws of the state and city in all places under the control of the department of parks and recreation.

(Code 1975, § 22-21; G.O. 110, 2005, § 48; G.O. 47, 2009, 50; G.O. 8, 2011, § 14)

(a)

It shall be unlawful for any person to operate any motor-powered vehicle including, without limitation, any two-wheeled or three-wheeled motorcycle, motor scooter, snowmobile or all-terrain vehicle, upon any land which is reasonably identifiable as the property of the City of Indianapolis or County of Marion, or any agency or department thereof, other than public roads and streets, except in such areas and at such time as may be expressly permitted by the department of public parks and recreation or order of the governing board or director of the particular department or agency which has jurisdiction and control over any particular land area. A motor scooter, for purposes of this chapter, shall not mean electric foot scooter (as defined in section 441-101 of this Code).

(b)

The governing board or director of every department or agency of the City of Indianapolis or County of Marion is hereby authorized, by resolution or order duly adopted, after a finding that the public safety and convenience and the intended use of the affected land will not be unduly impaired, to permit vehicles of any type described above to be operated on certain specified land areas within the jurisdiction and control of such department or agency. Such resolution or order may permit operation of all such vehicles or only certain specified types, and may set time limits for such operation.

(c)

No provision of this section shall be deemed or construed to prohibit or limit the operation of any licensed motor vehicle upon any public roadway by a duly licensed operator.

(Code 1975, § 22-22; G.O. 48, 2019, § 3)

Cross reference— Traffic, ch. 441. motor vehicles, ch. 611.

(a)

Until otherwise provided, Eagle Creek Reservoir shall be used solely for boating, fishing, swimming, wading, ice skating, amateur and competitive water sports such as sailing, rowing and canoe/kayaking, and other winter (water) sports activities, but only at such times and places as shall be determined in the discretion of the department of parks and recreation.

(b)

No person shall be permitted to trespass on the dam, or to jump from either the 56th Street or 71st Street bridges.

(Code 1975, § 7-73)

(a)

Fishing will be permitted in the Eagle Creek Reservoir, but subject to all applicable state laws regulating fishing and subject also to any restrictions contained in this article regarding the types of fish which may be possessed in the area. Although fishing may be permitted at any place on the surface of the reservoir, except within five hundred (500) yards of the dam, the department of parks and recreation, in its discretion, may prohibit fishing from the reservoir banks in various designated places when necessary for the public health, safety and general welfare. Netting, seining, trapping and trotline fishing are specifically prohibited.

(b)

Fishing from the bridge carrying Lafayette Road over Eagle Creek Reservoir located approximately seven-tenths mile northwest of 71st Street is specifically prohibited.

(c)

Fishing from the 56th Street Causeway bridge is specifically prohibited.

(d)

Fishing from any portion of the dam is specifically prohibited.

(e)

The possession of a largemouth bass less than fourteen (14) inches in total length anywhere in the reservoir or park area is prohibited.

(Code 1975, § 7-74)

(a)

Board action. Upon a request from the director, the board of parks and recreation shall hold a public hearing to determine whether it is in the best interests of the city and the public to contract with the private sector to provide any type of recreational boating activity on Eagle Creek Reservoir. At such public hearing, if the board does determine that such contracts shall be awarded, the board shall also make a determination as to how many contracts shall be awarded and how many boats providing the specified type of activity shall be allowed on the reservoir. This determination shall be based on objective standards including the amount of dock spaces available at the reservoir and the amount of parking space available for persons using the boats. The board may determine other criteria to be used and publish the same in its notice of public hearing.

(b)

Contract award. Once the board has determined that it is in the best interests of the city and the public to contract with the private sector to provide the specified type of boating activity and the number of contracts to be awarded, the director shall develop appropriate specifications which shall be approved by the board. Bids may be submitted in accordance with the specifications. The board may then award the specified number of contracts to the most responsible and responsive bidder or may reject all bids and call for new bids.

(c)

Fee. A fee shall be set by the board and included in the specifications for bids.

(Code 1975, § 7-75)

Cross reference— Boats, docks and waterways generally, ch. 341.

(a)

Notice of hearing. Before any rule, regulation or standard is adopted by the board of parks and recreation as authorized by this chapter, it shall cause a notice to be published in a newspaper of general circulation printed and published in the county at least ten (10) days prior to the date set for a hearing. The notice shall include a statement of the time and place of the hearing, a reference to the subject matter of the proposed rule or regulation and reference to the fact that a copy of the proposed rule or regulation is on file in the office of the department of parks and recreation and in the office of the city clerk where it may be examined; however, no rule or regulation shall be invalid because the reference to the subject matter thereof in such notice is inadequate or insufficient.

(b)

Filing of proposal. At least five (5) copies of a proposed rule or regulation shall be on file in the office of the department of parks and recreation and in the office of the city clerk from the date of publication of the notice required by subsection (a) continuously to the time of the hearing. Any interested persons shall be given an adequate opportunity to examine a copy of the proposed rule or regulation. The city clerk shall furnish to each member of the city-county council a copy of each proposed rule or regulation filed in the office of the city clerk.

(c)

Hearing. On the date set for a hearing on a proposed rule or regulation, any interested party shall be afforded an adequate opportunity to participate in the formulation of the proposed rule or regulation through the presentation of facts or arguments or the submission of written data or facts. All relevant matters presented shall be given full consideration by the board of parks and recreation. All hearings conducted by the board of parks and recreation shall be open to the public. Any person may appear and testify at a hearing, either in person or by a duly authorized representative or attorney.

(d)

Publication of adopted rules and regulations and review by the city-county council. At the conclusion of a public hearing held pursuant to this section, the board of parks and recreation may adopt such rules and regulations or may provide for the continuation of the hearing as the board may deem appropriate, which further hearing may be held without the requirement of publication of notice. There shall be published a notice once each week for two (2) consecutive weeks after each board meeting at which rules or regulations were adopted that the board of parks and recreation has adopted certain rules and regulations, giving the number of the same and the general title thereof and stating that copies thereof are available for examination in the office of the department of parks and recreation and in the office of the city clerk. If, within thirty (30) days after the adoption of rules and regulations by the board of parks and recreation, the city-county council shall by resolution or ordinance disapprove or reject such rules and regulations, the action of the board of parks and recreation in adopting such rules and regulations shall be of no effect and the rules and regulations shall remain as they were in effect prior to disapproval or rejection by the city-county council. After complying with the requirements for publication, and if such rules and regulations have not been disapproved or rejected by the city-county council, such rules and regulations as are adopted by the board shall become effective.

(e)

Alteration of existing rules or regulations. In case the board of parks and recreation desires to repeal, rescind or amend any rule or regulation, the same procedures shall be followed as are provided in this section for the promulgation of rules or regulations.

(f)

Emergency rule. In the event of an emergency, the director of the department of parks and recreation is empowered to issue an order designated by him as an emergency rule. For the purpose of this section, "emergency" means a sudden condition calling for immediate action. Any such order is of no force and effect after ninety (90) days from the date of its issuance, unless it is later promulgated as a rule under this section.

(g)

Enforcement of rules and regulations promulgated under this section. The board of parks and recreation, the director of parks and recreation, police of the city and county, and employees of the department of parks and recreation holding special police powers are authorized and empowered to enforce any and all rules and regulations promulgated under this section. Any person convicted for violating any rule or regulation promulgated under this section shall be subject to the general penalty provision contained in section 103-3 of this Code.

(Code 1975, § 7-76)

(a)

The board of public works shall promulgate regulations which set forth standards for the construction, modification and maintenance of improvements authorized by section 631-222(a) of this Code. Such regulations may be amended by additions, changes or deletions from time to time.

(b)

The board of parks and recreation, in consultation with the board of public works, shall promulgate regulations which set forth standards for the construction, modification and maintenance of docks authorized by section 631-222(a) of this Code. Such regulations may be amended by additions, changes or deletions from time to time.

(c)

The regulations required by subsections (a) and (b) shall be promulgated in accordance with procedures established by Chapter 141 and section 631-204, respectively.

(d)

In promulgating the regulations required by subsection (a), the board of public works shall consider the safety of the proposed improvement and the necessity of maintaining the flood control function of the reservoir.

(e)

In promulgating the regulations required by subsection (b), the board of parks and recreation shall consider the safety of the proposed dock, the aesthetics of the dock, the area in which it is to be constructed, and the necessity of maintaining the flood control function of the reservoir.

(f)

Regulations promulgated pursuant to this section 631-221 shall be incorporated in this chapter and shall carry the full force and effect of law. Violations of the regulations shall be considered violations of this chapter.

(Code 1975, § 7-101; G.O. 15, 2001, § 90)

(a)

Any person who constructs a new dock or improvement, modifies a dock or improvement, or owns an existing dock or improvement any part of which is or will be located below the eight hundred fifteen (815) feet mean sea level (M.S.L.) contour line on Eagle Creek Reservoir must secure the following:

(1)

Permission to encroach issued by the board of public works pursuant to its interest as the holder of a flowage easement on the reservoir if any part of the dock or improvement is or will be located between the seven hundred ninety-five (795) feet M.S.L. and eight hundred fifteen (815) feet M.S.L. contour lines;

(2)

Permission to encroach issued by the board of public works pursuant to its interest as property owner of the reservoir if any part of the dock or improvement is or will be located below the seven hundred ninety-five (795) feet M.S.L. contour line;

(3)

A drainage permit issued by the department of public works pursuant to Chapter 561 of this Code; and

(4)

If the structure is a dock, a permit from the department of parks and recreation. Such dock permit is contingent upon the applicant first obtaining the proper approvals required by section 631-222(a)(1), (2) and (3).

(b)

For purposes of this division, "modify" shall mean to alter the length, shape, height, structural features or purpose of a dock or improvement, and "modification" shall mean a modification which accomplishes such changes.

(Code 1975, § 7-102; G.O. 15, 2001, § 90)

(a)

Within ninety (90) days after the adoption of the ordinance from which this division derives [September 28, 1987], any person desiring to construct a new dock or improvement, modify a dock or improvement, or who owns an existing dock or improvement described by section 631-222(a), shall file an application with the department of public works. The application shall contain the following information:

(1)

The name and address of the applicant;

(2)

The location of the proposed or existing dock, improvement or modification;

(3)

A brief description of the proposed or existing dock, improvement or modification; and

(4)

Any other information requested by the department of public works and the department of parks and recreation.

(b)

In the case of an existing dock or improvement, the applicant shall permit the city to inspect the dock or improvement for compliance with the regulations promulgated pursuant to this division prior to issuing the permission to encroach or a dock permit.

(c)

In the case of a proposed dock, improvement or modification, the applicant shall provide drawings depicting the proposed dock, improvement or modification so that the city can determine whether such structure complies with the regulations promulgated pursuant to this division prior to issuing the permission to encroach and/or a dock permit.

(d)

Failure to file an application for the appropriate permission to encroach or dock permit shall constitute a violation of this article.

(e)

Failure to provide all information as required by the application, or the making of material misrepresentations on such application, shall constitute a violation of this article.

(f)

The department of public works and the department of parks and recreation may establish by regulation application fees to be paid by an applicant for a dock permit or for permission to encroach.

(Code 1975, § 7-103; G.O. 15, 2001, § 90)

Any applicant for permission to encroach or a dock permit required by section 631-222 must execute and submit to the department of public works with a completed application a written agreement to indemnify and hold harmless the city against all claims of injury or damage to persons or property arising from the construction, modification, ownership or use of the dock or improvement.

(Code 1975, § 7-104; G.O. 15, 2001, § 90)

Any applicant for permission to encroach or a dock permit required by section 631-222 must submit to the department of public works with his or her application proof of insurance in the amounts and limits specified in the regulations promulgated pursuant to this division or required from time to time. The insurance must be maintained during the applicant's ownership of the dock or improvement, and must cover liability for any and all indemnification provisions given by the applicant to the city. Failure to maintain the required insurance shall constitute a violation of this article.

(Code 1975, § 7-105; G.O. 15, 2001, § 90)

(a)

Upon applicant's compliance with section 631-223, verification that applicant's proposed or existing dock, improvement or modification complies with the regulations promulgated pursuant to this division, verification that applicant has received a drainage permit pursuant to Chapter 561 of this Code, and receipt of applicant's executed indemnification and hold harmless agreement required by section 631-224 and proof of insurance required by section 631-225, the board of public works shall grant permission to encroach to the applicant. If the application is also for a dock permit, upon the granting of such permission, the department of public works shall forward copies of, evidence of, or the original application, indemnification and hold harmless agreement, proof of insurance and copies of the drainage permit and permission to encroach to the department of parks and recreation.

(b)

Upon applicant's compliance with section 631-223, receipt from the department of public works of the applicant's completed application, of applicant's executed indemnification and hold harmless agreement required by section 631-224, of applicant's proof in insurance required by section 631-225, and of copies of applicant's drainage permit and permission to encroach, and upon verification that applicant's proposed or existing dock or modification complies with the regulations promulgated pursuant to this division, the department of parks and recreation shall issue a dock permit to the applicant.

(c)

An applicant for a dock permit may appeal to the board of parks and recreation a decision of the department of parks and recreation denying or partially approving the dock permit. The appeal shall be filed with the board within ten (10) business days after the department's decision. The board shall hear the appeal de novo at a regular meeting, and in making a decision shall apply the standards set forth in the regulations adopted pursuant to this division.

(d)

Any dock permit or permission to encroach issued pursuant to this section shall expire sixty (60) days after the time ownership of the property which the dock or improvements serve is transferred or otherwise changed. Owners shall notify the department of public works at the time the ownership of the property is transferred. Within sixty (60) days after the date of transfer, the new owner shall apply for the appropriate dock permit and/or permission to encroach.

(Code 1975, § 7-106; G.O. 15, 2001, § 90)

(a)

Owners of docks or improvements shall have a duty to keep and maintain such structures in compliance with the appropriate regulations promulgated by the board of public works and/or the board of parks and recreation as such regulations may exist from time to time. Failure to so maintain such docks or improvements shall constitute a violation of this article.

(b)

Any owner who fails to keep and maintain his or her dock or improvement in compliance with the regulations promulgated by the board of public works and/or the board of parks and recreation is subject to the enforcement provisions of section 631-229.

(Code 1975, § 7-107; G.O. 15, 2001, § 90)

(a)

Upon the city's inspection of an existing dock or improvement pursuant to section 631-223(b), the city shall notify the applicant in writing of any noncompliance with the regulations adopted pursuant to this division.

(b)

The applicant must bring his or her dock or improvement into compliance with the regulations within sixty (60) days after receipt of the city's notice.

(c)

An applicant may file with the department of public works a request for an extension of time beyond the sixty (60) days in subsection (b) in which to bring the dock or improvement into compliance. An application for such extension must be filed within sixty (60) days after receipt of the notice of noncompliance. The department of public works, in consultation with the department of parks and recreation if the application is for a dock permit, may grant the applicant a reasonable extension of time if the applicant shows to the department's satisfaction that he or she is unable, due to circumstances beyond the applicant's reasonable control, to bring the dock or improvement into compliance within the initial sixty-day time period.

(d)

An applicant may appeal to the board of public works the decision of the department of public works on the applicant's request for extension. The appeal shall be filed within ten (10) business days after the department's decision. The board shall hear the appeal de novo at a regular meeting. In making its decision, the board shall apply the standards in subsection (c).

(e)

When an applicant believes that he or she has brought his or her existing dock or improvement into compliance with the promulgated regulations, the applicant shall notify the department of public works, at which time the city shall inspect the dock or improvement to confirm that it complies with the regulations.

(f)

After the second inspection, the city will determine pursuant to section 631-226(a) or (b) whether to issue or deny permission to encroach or a dock permit.

(g)

Upon the denial of an application for permission to encroach or a dock permit, the owner of an existing dock or improvement shall remove such dock or improvement from any property below the eight hundred fifteen (815) feet M.S.L. contour line.

(Code 1975, § 7-108; G.O. 15, 2001, § 90)

(a)

Representatives of the city shall have the right to inspect all docks and improvements for compliance with this division and the regulations promulgated pursuant hereto.

(b)

Any violations of this division or of regulations promulgated pursuant hereto shall be subject to the penalties of section 103-3 of this Code. Noncompliance with any provision of this division shall carry a fine of one hundred dollars ($100.00) per day for a maximum period of twenty-five (25) days. In addition to the foregoing penalties, the appropriate department may revoke any dock permit or permission to encroach granted to an owner of a dock or improvement who has violated this division or the regulations promulgated hereunder. Upon such revocation, the owner shall remove the dock or improvement from any property below the eight hundred fifteen (815) feet M.S.L. contour line.

(c)

In addition to the penalties prescribed in subsection (b), the city may enjoin or abate any violation of this chapter by appropriate action.

(d)

The department of public works may, as the property owner of the reservoir, take any appropriate legal action including, but not limited to, an action to recover attorney's fees.

(Code 1975, § 7-109; G.O. 15, 2001, § 90)