The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Department means the department of parks, recreation, and community programs.

Director means the director of the department.

Open spaces means property owned by the city that provides limited passive recreational opportunities, excluding parks, with an emphasis on conservation of the property, and includes natural areas as defined in Section 18-841.

Park means an area of semi-natural or designed space set aside for human enjoyment and active and passive recreation.

Parkway means that portion of the public right-of-way between the curbline and the adjoining property line.

Recreational trail corridor means a paved surface trail that is used as a transportation alternative or for recreational use.

Rules and regulations means rules and regulations promulgated by the director and approved by the city manager to administer, manage and operate the city's parks, open spaces, trails, golf courses, and recreational facilities.

(Code 1975, § 32-2; Ord. No. 772, 11-14-77; Ord. No. 2365, § 2, 1-9-95; Ord. No. 2656, § 29, 2-12-01; Ord. No. 2663, § 9, 4-23-01; Ord. No. 3724, § 1, 2-12-25; Ord. No. 3745, § 45, 8-26-25)

Cross reference— Definitions generally, § 1-2.

Any person who violates any provision of this article, upon conviction thereof, shall be punished as provided in Section 1-8(a).

(Code 1975, § 32-4; Ord. No. 772, 11-14-77; Ord. No. 2365, § 4, 1-9-95)

The director is authorized to administer, and adopt rules and regulations consistent with, the provisions set forth in this article for the proper management, operation and control of city-owned or city-operated parks, parkways, open spaces, trails, golf courses, and other recreational facilities.

(Code 1975, § 32-1; Ord. No. 772, 11-14-77; Ord. No. 2365, § 1, 1-9-95; Ord. No. 3724, § 1, 2-12-25)

The city offers a standing reward of $50.00 for information leading to the apprehension, arrest and conviction of anyone found guilty of driving upon city property in violation of Section 46-44, of damaging city property in violation of any of the provisions of this article or of trespassing upon city property in a manner prohibited by this article. Signs conveying information of such rewards may be prepared by the city and suitably posted.

(Code 1975, § 32-5; Ord. No. 1059, 9-14-81; Ord. No. 2365, § 6, 1-9-95)

This article applies to city-owned or city-operated parks, open spaces, trails, golf courses, and recreational facilities.

(Ord. No. 3724, § 1, 2-12-25)

Except as allowed for city programming purposes, and as authorized in writing by the director or designee, no person shall post, place or erect any static or mobile advertising, handbill, circular bill, notice, paper or other advertising device or display upon any park, open space, trail, golf course, or recreational facility property.

(Code 1975, § 32-3(a)(1); Ord. No. 772, 11-14-77; Ord. No. 1035, 5-11-81; Ord. No. 1876, 6-26-89; Ord. No. 2365, § 3, 1-9-95; Ord. No. 3724, § 1, 2-12-25)

Public address or other amplification devices may be used only with the written approval of the director or designee and in conformance with Section 38-441 and any other applicable provisions of this Code. Any non-amplified sounds must satisfy Section 38-441 and any other applicable provisions of this Code.

(Code 1975, § 32-3(a)(2); Ord. No. 772, 11-14-77; Ord. No. 1035, 5-11-81; Ord. No. 1876, 6-26-89; Ord. No. 2365, § 3, 1-9-95; Ord. No. 3724, § 1, 2-12-25)

(a)

Within any park or open space or on any trail, all dogs and any other household animals must, at all times, be under the effective and immediate control, as defined in Section 6-1, of the owner or other individual responsible for the animal. Except in designated off-leash dog parks, dogs shall be controlled by a leash, cord, or chain sufficient to prevent attack or unwanted contact by the dog upon another person. All individuals who have a household animal in their care, custody and control shall clean up feces and dispose of them in a proper container. For purposes of this subsection, "household animal" means any companion animal normally kept by an owner anywhere on that owner's property, whether indoors or outdoors, for pleasure, protection, working or hunting.

(b)

Service animals shall be allowed within the city's golf courses and recreational facilities in accordance with 28 C.F.R. 35.136. Service animals must be under the control of the owner at all times as provided in 28 C.F.R. 35.136(d).

(c)

Horseback riding shall be permitted only upon authorized bridle paths, unless other areas are specifically designated by the director.

(Code 1975, § 32-3(a)(3); Ord. No. 772, 11-14-77; Ord. No. 1035, 5-11-81; Ord. No. 1876, 6-26-89; Ord. No. 2365, § 3, 1-9-95; Ord. No. 3724, § 1, 2-12-25)

Cleats or spikes on shoes are prohibited, except in those specially designed athletic areas where program rules specifically permit their use.

(Code 1975, § 32-3(a)(4); Ord. No. 772, 11-14-77; Ord. No. 1035, 5-11-81; Ord. No. 1876, 6-26-89; Ord. No. 2365, § 3, 1-9-95)

Fires are permitted only in enclosed fireplaces or grills provided for this purpose under such rules and regulations as may be prescribed by the director, and any such fire shall be extinguished by the person or group starting such fire before leaving any park or recreation area of the city.

(Code 1975, § 32-3(a)(5); Ord. No. 772, 11-14-77; Ord. No. 1035, 5-11-81; Ord. No. 1876, 6-26-89; Ord. No. 2365, § 3, 1-9-95)

It shall be unlawful within any park, parkway, open space, recreational facility or recreation area to throw, strike, propel or otherwise operate flying or propelled objects of a potentially dangerous nature including, by way of example, without limitation, such things as model airplanes or rockets, horseshoes, arrows, golf balls or rocks, except in areas designated by the city for such use or as part of an authorized sport or recreational activity or by written permission of the director in the director's sole discretion.

(Code 1975, § 32-3(a)(6); Ord. No. 772, 11-14-77; Ord. No. 1035, 5-11-81; Ord. No. 1876, 6-26-89; Ord. No. 2365, § 3, 1-9-95; Ord. No. 3724, § 1, 2-12-25)

Except as otherwise provided in this section, parks shall be open daily from 6:00 a.m. until 10:00 p.m. and shall be closed from 10:00 p.m. to 6:00 a.m., except for activities and events sponsored by the department or authorized by the director and for park repairs and/or maintenance, or as further provided in this article. Fishing facilities will be open from sunrise to sunset and closed from sunset to sunrise and will be open from March 15 to October 31 and closed from November 1 to March 14. Recreational trail corridors within parks shall remain open 24 hours a day, unless otherwise posted, provided that such trails shall be used only for continuously passing through when parks are closed.

(Code 1975, § 32-3(a)(7); Ord. No. 772, 11-14-77; Ord. No. 1035, 5-11-81; Ord. No. 1876, 6-26-89; Ord. No. 2365, § 3, 1-9-95; Ord. No. 2827, § 1, 6-8-04; Ord. No. 3724, § 1, 2-12-25)

Users of artificially lighted athletic fields in the parks shall have use of the lights until 10:00 p.m. Lights shall be turned off by 10:30 p.m. Exceptions may be made by the director or designee for weather delays, special events, athletic tournaments and any other uses by permit approved by the director or designee, provided that in no event shall use of the lights continue past 11:00 p.m. and lights shall be turned off by 11:30 p.m.

(Code 1975, § 32-3(a)(8); Ord. No. 772, 11-14-77; Ord. No. 1035, 5-11-81; Ord. No. 1876, 6-26-89; Ord. No. 2365, § 3, 1-9-95; Ord. No. 3724, § 1, 2-12-25)

It shall be unlawful to sell or offer for sale food, refreshments, souvenirs or any other tangible personal property in a park, parkway, open space, trail, golf course or recreational facility, without a permit issued by the director or designee and a city sales tax license.

(Code 1975, § 32-3(a)(9); Ord. No. 772, 11-14-77; Ord. No. 1035, 5-11-81; Ord. No. 1876, 6-26-89; Ord. No. 2365, § 3, 1-9-95; Ord. No. 3724, § 1, 2-12-25)

No tents or any other types of shelters or structures shall be erected upon any park, parkway, open space, trail or recreational facility, except as part of a city-sponsored activity or by permit issued by the director or designee. Provided, however, that temporary pop-up canopies that are intended only to provide shade or protection from rain or wind, and which are not larger than ten-foot by ten-foot, with stakes not longer than eight inches, are allowed in natural turf areas of a park during the hours the park is open daily to the public pursuant to Section 46-37.

(Code 1975, § 32-3(a)(10); Ord. No. 772, 11-14-77; Ord. No. 1035, 5-11-81; Ord. No. 1876, 6-26-89; Ord. No. 2365, § 3, 1-9-95; Ord. No. 3724, § 1, 2-12-25)

It shall be unlawful for any person to bring or to have in such person's possession any glass beverage bottle or other glass container within any playground area, sand volleyball court, beach, or synthetic turf field.

(Code 1975, § 32-3(a)(11); Ord. No. 772, 11-14-77; Ord. No. 1035, 5-11-81; Ord. No. 1876, 6-26-89; Ord. No. 2365, § 3, 1-9-95; Ord. No. 3724, § 1, 2-12-25)

(a)

The following activities are prohibited within any park, parkway, open space, trails, recreational facility or recreation area, or on any body of water owned by the city, unless expressly permitted by public posting:

(1)

Ice skating on a body of water.

(2)

Ice hockey on a body of water.

(3)

Snowmobiling.

(4)

Swimming and wading.

(5)

Boating or rafting.

(6)

Sledding on water areas, vehicle roadways or uphill from any water area or roadway where sleds would coast across such water areas or roadways.

(7)

Gas powered model boats.

(8)

Inflatable bouncy houses, castles, slides and any other temporary inflatable structures without a permit from the director or designee.

(9)

Smoking, as defined in Section 38-457, within 25 feet of any playground or sand or beach volleyball court.

(10)

Remote controlled airplanes and other similar remote controlled aerial devices unless otherwise posted.

(11)

Launching or landing unmanned aircraft systems as defined in Section 38-358(b)(2) unless otherwise posted.

(b)

The list in subsection (a) of this section is not all inclusive of prohibited activities; the director may, by rule or regulation and public posting, prohibit other activities to protect the public health, safety and welfare.

(Code 1975, § 32-3(b); Ord. No. 772, 11-14-77; Ord. No. 1035, 5-11-81; Ord. No. 1876, 6-26-89; Ord. No. 2365, § 3, 1-9-95; Ord. No. 3724, § 1, 2-12-25)

The director may restrict the hours, days and weeks of use of any recreation center or building after notifying the city manager of the necessity for such restrictions. The director or designee may restrict or remove any user, individual or group for violation of any of the rules and regulations.

(Code 1975, § 32-3(c); Ord. No. 772, 11-14-77; Ord. No. 1035, 5-11-81; Ord. No. 1876, 6-26-89; Ord. No. 2365, § 3, 1-9-95; Ord. No. 3724, § 1, 2-12-25)

(a)

Motor vehicles. It shall be unlawful for anyone other than authorized personnel to park or drive on lawns, fields, sidewalks, trails or any other places other than upon roadways and parking areas clearly constructed and established for such purposes within the parks, parkways, open space, trails, or other recreational facilities of the city. Laws pertaining to streets and highways pertain also to park roads, except that pedestrians shall have the right-of-way over vehicles in park areas. Provided, however, the city shall accommodate, as applicable, and thereby allow the use of other power-driven mobility devices by individuals with mobility disabilities in parkways, upon roadways, trails, and parking areas in parks and in park areas or in other recreational facilities of the city where pathways and trails for public use exist, as required by the Americans With Disabilities Act, as amended from time to time, and regulations promulgated thereunder.

(b)

Parking. Parking shall not be permitted during regular closed hours or in any area closed by the director or designee, excluding the time necessary to vacate the park at the closing hour. It shall be unlawful to park so as to obstruct access to roadways and parking areas or areas designated by sign for emergency vehicle use only. Vehicles may be parked in designated parking areas or spots within park and recreation areas only if the occupants are engaged in activity connected with the area. This does not include the public streets on the perimeter of park and recreation areas.

(c)

Washing or servicing vehicles. Washing or servicing vehicles in any park, open space, or recreation area in the city is prohibited. Emergency repairs are permitted if required to remove a vehicle.

(d)

Bicycles, electric bicycles, scooters, electric scooters, skateboards, electric skateboards, roller skates, roller blades and other similar means of wheeled propulsion ("means of wheeled propulsion"). Subject to Section 38-492's provisions on bicycles and electrical assisted bicycles approaching intersections, all users of any means of wheeled propulsion shall obey traffic signs and laws regulating the operation, stopping or parking of vehicles. Such users shall yield to pedestrians; when traveling downhill, yield to other trail or sidewalk users travelling uphill; within six feet of passing other trail or sidewalk users from behind, use an audible warning, announce their presence and slow to a reasonable speed; be under control at all times; and be considerate of other users in park and recreation areas, trails and pathways. Except for authorized personnel, any means of wheeled propulsion is prohibited on playgrounds, tennis courts and game courts, and other specially coated game courts, in pavilions or in any area where other activities are in progress.

(e)

Fee-based offerings. No person shall charge a fee or require other consideration in exchange for providing personal training, yoga classes, coaching or any other personal or group activity or service within any park, open space, golf course or recreational facility without first obtaining a permit from the director or designee.

(Code 1975, § 32-3(d); Ord. No. 772, 11-14-77; Ord. No. 1035, 5-11-81; Ord. No. 1876, 6-26-89; Ord. No. 2365, § 3, 1-9-95; Ord. No. 3194, § 1, 4-24-12; Ord. No. 3724, § 1, 2-12-25)

(a)

The director shall promulgate and administer all rules and regulations pertaining to the use of and activities upon any tennis court, athletic field in any park, or recreational facility of the city or other facilities the city has an agreement to use and schedule for city-sponsored activities. The director shall have such rules and regulations on file at the office of the director and copies available for users of parks and recreational facilities.

(b)

With respect to any athletic field, tennis court or other facility the city owns or has an agreement to use, all teams or individuals without any agreement with the city or the permission of the director or designee to use the facility shall relinquish thereof to any individuals or teams who have such an agreement or permission and have been scheduled for such use.

(c)

The director or designee may restrict or cause the removal of any player, players, teams or leagues engaged in city-sponsored athletic events from any athletic fields, tennis court or other facility the city owns or has an agreement to use for a specified time for violations of rules and regulations.

(d)

The director or designee shall have the authority to close any or all public fields or play areas when use of such area would create maintenance problems as a result of weather or other conditions.

(e)

The police chief or designee, in consultation with the director or designee if practicable, may close any park, open space, trail, recreational facility, or recreation area due to public safety concerns until the police chief or designee deems the public safety concern no longer exists.

(f)

On any synthetic turf field, food and beverages besides water, glass containers, metal cleats, animals, chewing gum, tobacco use, staking, any means of wheeled propulsion described in Section 46-44(d), motorized vehicles, golfing, grilling or self-propelled objects are prohibited.

(Code 1975, § 32-3(e); Ord. No. 772, 11-14-77; Ord. No. 1035, 5-11-81; Ord. No. 1876, 6-26-89; Ord. No. 2365, § 3, 1-9-95; Ord. No. 3724, § 1, 2-12-25)

Editor's note— Ord. No. 3724, § 2, adopted Feb. 12, 2025, repealed § 46-46, which pertained to equestrian activities and derived from Code 1975, § 32-3(f); Ord. No. 772, adopted Nov. 14, 1977; Ord. No. 1035, adopted May 11, 1981; Ord. No. 1876, adopted June 26, 1989; and Ord. No. 2365, § 3, adopted Jan. 9, 1995.

Any person who shall violate any of the provisions of this article shall, upon conviction, be punished as provided in Section 1-8(a).

(Code 1975, § 63-5; Ord. No. 596, 4-8-74; Ord. No. 1043, 6-22-81; Ord. No. 2323, § 6, 6-13-94)

The director or designee shall appoint the city forester. The city forester shall have such duties and responsibilities as assigned by the director or designee. The city forester shall also have the authority to order the removal of any trees or plants upon public or private property when the city forester determines such action is necessary to prevent the spread of disease or insects, and to protect the public health and safety based upon standards established by the International Society of Arboriculture. It is declared to be a public nuisance for an owner to maintain a tree or plant in a condition that presents a threat to the public health and safety.

(Code 1975, § 63-1; Ord. No. 596, 4-8-74; Ord. No. 1043, 6-22-81; Ord. No. 2323, § 1, 6-13-94; Ord. No. 3724, § 1, 2-12-25)

(a)

When the city forester shall find it necessary to order the trimming or removal of any trees or plants on public or private property, as provided in Section 46-102, a written notice to correct such conditions shall be served upon the owner, lessor, lessee, or occupant by mailing a copy of the notice to correct to the address of the property upon which the tree or plant is located. If the property has no address, the notice to correct shall be mailed to the address of the owner, lessor, or lessee at the address shown at the county assessor's office. The notice to correct shall be mailed first class postage prepaid; such notice shall be deemed effective upon the date of mailing.

(b)

The notice to correct shall set forth a time period for compliance not to exceed 30 days. However, in cases of extreme danger to the public health, safety, or welfare or public property, the city forester shall have the authority to immediately eliminate such danger as provided in Section 46-105. Failure to comply with a notice to correct is a violation of this division and is unlawful. The city forester shall have the authority to allow additional time for compliance if requested by the person to whom a notice to correct is directed. The city forester shall provide written notification by mail, first class postage prepaid, to the person to whom the notice to correct was directed of any additional time allowed.

(c)

If a person to whom a notice to correct is directed fails to comply with the notice to correct within the time specified or fails to comply with any additional time granted by the city forester, the city forester shall correct or cause to be corrected the conditions involved and shall charge the cost thereof to the property owner. In order to perform such obligations the city forester and duly authorized agents shall have access to any premises when required to carry out the provisions of this article. If the cost of the correction is not paid within 30 days after the receipt of an invoice from the city, such cost shall be levied against the affected property and shall thereupon become a lien upon the property involved.

(Code 1975, § 63-2; Ord. No. 596, 4-8-74; Ord. No. 2188, 9-14-92; Ord. No. 2323, § 2, 6-13-94)

(a)

Any person to whom a notice to correct is directed under this article may, within seven days of the effective date of the notice to correct, file a written appeal with the city manager's office. The written appeal shall state the name of the person filing the appeal, such person's address, phone number, such person's relationship to the property which is subject to the notice to correct and the basis for the appeal.

(b)

Within five days of receipt of such written appeal the city manager shall appoint a hearing officer who shall set a date and time for a hearing to be held to consider the appeal. The hearing must be held within 15 days of receipt of the written appeal.

(c)

Any appeal presented pursuant to this article shall be conducted in conformance with standards of procedural due process applicable to administrative hearings, including the right to present testimony and to confront witnesses.

(d)

The decision of the hearing officer shall be final, and compliance with such decision shall be required within seven days of the date of such decision.

(Code 1975, § 63-3; Ord. No. 2323, § 3, 6-13-94)

Under this article, if the city forester deems any situation to be an immediate threat to the public health, safety, or welfare or threat to public property or when a person fails to comply with a notice to correct and upon obtaining a warrant for seizure from any state court of record, the city forester may enter upon any private or public property for the purpose of eliminating such threat or bringing the property into compliance. In cases where no notice to correct has been mailed and subsequent to enforcement under this section, the owner, lessor, lessee or occupant of the property will have a right to appeal the city forester's action and request a hearing in the same manner as provided in Section 46-104.

(Code 1975, § 63-4; Ord. No. 2323, § 5, 6-13-94)