DepartmentsParks & Recreation

Ordinance No. 95-381

Councilmember _Frances Glaze_ introduced the following Ordinance:

ORDINANCE NO. 95-381

AN ORDINANCE TO PROVIDE RULES AND REGULATIONS FOR PARKS AND RECREATION AREAS.

 

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALABASTER, ALABAMA, AS FOLLOWS:

 

Section 1.  That the Code of Ordinances, City of Alabaster, Alabama, is hereby amended to add the following as Chapter 72: 

 

Chapter 72

 

PARKS AND RECREATION AREAS

 

Sec. 72-1.  Applicability.

 

            This Chapter shall apply in all parks and recreation areas under the jurisdiction of the City of Alabaster, Alabama.  The

issuance of permits and approvals, and general administration of this Chapter, shall be performed by the Parks and Recreation

Department.  As used in this Chapter, the term “person” includes natural person, firms, and corporations.

 

Sec. 72-2.  Structures, facilities, plants, trees, trash.

 

            It shall be unlawful for any person in a public park or recreation area to:

 

                        1.  Deposit any rubbish, refuse, garbage, trash or debris other than in trash recep-

            tacles provided therefore, or take into, carry through, or put into any park or recreation  

            area any rubbish, refuse, garbage, trash or debris.  Where receptacles are not provided,

            all such materials shall be carried away from the park or recreation area by the person

            responsible for its presence and properly disposed of elsewhere.  Persons reserving park

            or recreation facilities shall leave the area in a clean and unlittered condition after the use.

 

                        2.  Bring any animal that is not leashed and under control at all times, said leash

            to be no longer than six feet, or tie or hitch any animal to any tree or plant.  No animals

            are permitted on or adjacent to any athletic fields.  The owner or person having custody

            of said animal shall be responsible for removal of any animal solid waste.

 

                        3.  Use any athletic fields by any formally organized group or entity for any purpose, 
            
             including practice, regular season scheduled event, tournament, or special event, without 
      
             prior registration with the Director of the Parks and Recreation Department, who will keep a

             log identifying the group, field, and date and hour the field will be used.  Registration will be 

             recorded on a first come, first served basis.  Cancellation of reservation will be automatic 

             if another request for the field is received by the Director and the original registrant, or his 

             representative, has not arrived within 30 minutes of the scheduled time.

 

 

                        4.  Plant or remove any flowers, trees, shrubs, or other plants without prior written

 

            approval from the Parks and Recreation Department; or damage, cut, carve, mark, or

            transplant any tree or plant, or injure the bark or pick flowers or seed of any tree or plant,         

            dig in or otherwise disturb grass areas, or in any other way injure the natural beauty or

            usefulness of any park or recreation area.

 

                        5.  Construct, erect, alter, perform maintenance upon, or repair any structure or

             facility, permanent or temporary, without prior written approval from the Parks and Rec-

             reation Department.

 

                        6.  Mark, deface, disfigure, injure, tamper with or displace or remove any build-

              ings, bridges, tables, benches, fireplaces, railings, pavings or paving materials, water lines

             or other public utilities or parts thereof, signs, notices or placards, whether temporary or

             permanent, monuments, stakes, posts, or other boundary markers, or other structures or

             equipment, facilities, or park or recreation property whatsoever, either real or personal.

 

                        7.  Throw, discharge, or otherwise place or cause to be placed in the waters of any

             fountain, pond, lake, stream or other body of water in or adjacent to any park or recrea-

             tion area, or in any tributary, stream, storm sewer, or drain flowing into such water, any 

             substance, matter or thing, liquid or solid, which will or may result in the pollution of

             said waters.

 

Sec. 72-3.  Vehicles.

 

              It shall be unlawful for any person in a public park or recreation area to:

 

                        1.  Operate any motorized vehicle in excess of 15 miles per hour.

 

                        2.  Park any vehicle in any area other than specifically designated parking areas,

             and then only during the times such areas are open for public use.

 

                        3.  Operate any motorcycle, motorbike, bicycle, skateboard, or skates on any

             walking track, athletic field, parking lot, or other area not specifically designated for such

             purpose, except to park a vehicle in an approved parking area.

 

                       4.      Ride a bicycle or skateboard without reasonable regard to the safety of others.

 

Sec. 72-4.  Weapons, firearms, explosives, fireworks.

 

            It shall be unlawful for any person in a public park or recreation area to possess or carry any weapon, firearm, BB gun, air

gun, spring gun, slingshot, bow, or other weapon in which the propelling force is gunpowder, a spring, or air; fireworks; or

explosives; except that:

           (a)     law enforcement officers may possess their weapons when on duty,

           (b)    permits may be given by the Parks and Recreation Department for conducting

                     properly supervised fireworks in designated park areas, and

           (c)     official starters, at authorized track and field events, may use starter guns with blanks.

 

Sec. 72-5.  Solicitation, advertising, sales.

 

            It shall be unlawful for any person in a public park or recreation area to:                     

                        1.  Solicit alms or monetary or other donations or sales without prior written

            approval from the Parks and Recreation Department.

 

                        2.  Post, paint, affix, distribute, deliver, place, cast or leave about any bill, bill-

            board, placard, ticket, handbill, circular, or other advertising paper.

 

                        3.      Without a permit, display any advertising signs, provided that a sign attached

             to a vehicle to identify the vehicle, or a sign lawfully on a taxi or bus, is not prohibited.

 

                        4.      Operate for advertising purposes any musical instrument, soundtrack, or drum.

 

                        5.  Without a permit, hold public assemblages, conduct exhibitions, or hold a

            parade.

 

                        6.  Expose or offer for sale or trade any article or service in any park or recreation

            area, without license as a concessionaire.

 

Sec. 72-6.  Alcoholic beverages, controlled substances, gambling.

 

            It shall be unlawful for any person in a public park or recreation area to:

 

                        1.  Use, solicit, possess, or distribute any controlled substance as defined in the

            Code of Alabama.

 

                        2.  Possess, consume, or distribute any alcoholic beverage.

 

                        3.  Be under the influence of alcoholic beverage or controlled substance.

 

                        4.  Play any game of chance or possess of any instrument or device for gambling.

 

                        5.  Play, engage or take part in any game or competitive sport for money or other

            thing of value, without prior written permission from the Parks and Recreation Depart-

            ment.

 

 

 

Sec. 72-7.  Ignitable and combustible materials.

 

            It shall be unlawful for any person in a public park or recreation area to kindle, build, maintain or use a fire except in places

provided for such purposes.  Any fire shall be continuously under the care and direction of a competent person from the time it is

kindled until it is extinguished.  No person shall throw away or discard any lighted match, cigar, cigarette, tobacco, paper or other

material within or against any building, boat or vehicle, or under any tree or in underbrush.

 

Sec. 72-8.  Miscellaneous conduct.

 

            It shall be unlawful for any person in a public park or recreation area to:

 

                        1.  Remain after 11:00 PM or the conclusion of a scheduled event which com-

            menced prior to 11:00 PM, whichever is later, without written approval of the Parks and

            Recreation Department; provided that walking tracks shall remain open 24 hours per day.

            Facilities shall reopen at 5:00 AM.

 

                        2.  Engage in threatening, abusive, insulting or indecent language or behavior or

            engage in any disorderly conduct or behavior tending to breach the peace.

 

                        3.  Bring any glass container into any park or recreation area.

 

                        4.  Fail to cooperate in maintaining restrooms and washrooms in a neat and sani-

            tary condition.  No person over the age of six years shall use the restrooms and wash-

            rooms designated for the opposite sex.

 

                        5.  Climb any tree or walk, climb, stand or sit upon monuments, vases, planters,

            fountains, railings, fences or upon any other property not designated or customarily used

            for such purpose.

 

                        6.  Play football, baseball, basketball, soccer or lacrosse, or practice or play golf

            except in areas designated for such games or sports.

 

                        7.  Enter an area posted as closed to the public.

 

                        8.  Fail to produce and exhibit any permit he claims to have, upon request of any

            authorized person who shall desire to inspect the same for the purpose of enforcing com-

            pliance with any ordinance or rule.

 

                        9.  Erect or occupy any tent, stand or other structure in any park or playground, or

            sell or give away from any such tent, stand or other structure any food, drink or other

            thing, without a permit from the Parks and Recreation Department.

 

                        10.  Play radios, compact disc players, tape players, televisions, or any other

            devices which play recorded, transcribed, or broadcast music, news, or other audio

            matter at a volume which interferes with the enjoyment of the facilities by others.

 

                        11.  Camp or stay overnight without prior written approval from the Parks and

            Recreation Department.

 

                        12.  Hold a picnic with more than twenty participants without prior registration

            with the Director of the Parks and Recreation Department, who will keep a log identi-

            fying the group, facility, and date and hour the facility will be used.  Registration will be

            recorded on a first come, first served basis.  Cancellation of reservation will be automatic

            if another request for the facility is received by the Director and the original registrant or

            his representative has not arrived within 30 minutes of the scheduled time.

 

Sec. 72-9.  Approvals and permits, insurance, reservations.

 

            (a)  All approvals and permits required under this chapter shall be obtained in writing by application to the Director of the

Parks and Recreation Department on forms provided for that purpose.  An applicant may be required to submit evidence of liability

insurance covering injuries to members of the general public arising out of permitted activities in such amounts as may be from

time to time determined prior to commencement of any activity or issuance of any permit.

 

            (b)  No reservation of park or recreation facilities shall be made for any organization known to the Parks and Recreation

Department to discriminate against persons on account of sex, skin color, race or national origin.

 

            (c)  Each applicant seeking to reserve park or recreation facilities shall pay a usage fee as established by the Parks and

Recreation Department for each use, and shall deposit a cleanup fee in an amount as established by the Parks and Recreation

Department, which deposit is to be returned if the area is clean and unlittered after the use.  Usage fees shall be deposited in a

special fund to be used only for maintenance, repair, improvement, purchase, or construction of park and recreation facilities or

property.

 

            (d)  Written public records shall be kept of all reservations.  Public notices shall be posted of the scheduling policy and of the

telephone number to call to make reservation of any area.

 

            (e)  No one institution, group or league shall have exclusive use of any park area or facility during any season.

 

Sec. 72-10.  Penalty.

 

            Any person violating any provisions of the Chapter may be barred from the public parks and recreation areas of the City and

may, upon conviction, be punished as provided in Section 1 - 9.

Section 2Effective date:  This Ordinance shall become effective upon its passage and adoption by the City Council of the City of

Alabaster, Alabama, and posting as required by law.

 

 

 

 

 

ADOPTED AND APPROVED THIS _21st_ day of __September__, 1995.

 

 

ATTEST:                                                                            CITY OF ALABASTER, ALABAMA

 

 

____________________________                            by:____________________________
Clerk                                                                                         President          

                                                                                        

 

APPROVED:

 

 

 

____________________________
Mayor