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Ordinance 0590 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 59 AN ORDINANCE RESTRICTING THE USE OF PUBLIC PARKS AND WATERS ADJACENT THERETO. THE CITY COUNCIL OF CHANHASSEN ORDAINS: Section 1. Definitions. 40 a. "Vehicle" includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway except devices moved exclusively upon stationary rails or tracts. Further, "vehicle" means any bicycle, go-cart, minibike , motorcycle, snow- mobile, recreational vehicle, all terrain vehicles or self-propelled instruments which carry or may carry an occupant or occupants upon land or water. b. "Parks" shall mean parks, parkways, ice skating rink, playgrounds, public accesses, recreation fields, recreation buildings, beaches and water surrounded by parks, including but not limited to waters adjacent to beaches, which are delineated as swimming areas by the placement of marker buoys. C. "Person" means any individual, partnership, corporation, or association. d. "Snowmobile" means any engine driven vehicle of a type which utilizes sled -type runners, or skis, or an endless belt tread or any combination of these or other similar means of contact with the surface upon which it is operated and which is designed to operate over ice or snow. e. "Drugs" shall mean any controlled substance, as defined by Chapter 152 of Minnesota Statutes and successor statutes , the possession of which is a violation of Minnesota Statutes 152.09 and successor statutes. f, "Driver" means every person who drives or is in physical control of a . vehicle. Section 2, Purpose. The purpose of this ordinance is to afford a means of maintaining and using the parks under the jurisdiction of the City in a manner which is consistent with the maxi- mum enjoyment by all persons and protective of the natural resources therein. Section 3. Enforcement and Penalties. Any person found violating this ordinance or any part of it by any peace officer or his deputy and who upon such officer's request to cease and desist from such viola- tion fails or refuses to do so may be requested to leave the park and if necessary may be ordered or removed from the park by said peace officer; such denial of continued use and enjoyment of the parks to violators shall also apply to enforcement of any rules and regulations promulgated by the City provided such rules and regulations are consis- tent with this ordinance. A copy of this ordinance and supplementary rules and regula- tions shall be posted in conspicuous places within the park. In addition or in the alternative, any person convicted of violating this ordinance or any part of it may be fined up to $300 and imprisoned up to 90 days or both. 'In addition to any other persons or peace officers vested with the powers of enforcement and arrest of any person for the violation of any provision of this ordinance all employees of the City of Chanhassen whose duties are beind discharged in a public park shall have the power to enforce provision of this ordinance by arrest of any person violating any provision thereof. Section 4. Hours. No person shall park, be in or remain in, or leave any vehicle in any park, between the hours of 10:00 P.M. and 7:00 A. M. , but this section shall not apply to those vehicles or persons involved in organized activities which are authorized to remain in a park by the City. Section S. Vandalism and Related Acts. Removal, breaking, destruction, injury, mutilation or defacement in any way of any structure, monument, statue, vase, fountain, fence, railing, flagpole, vehicle, bench, tree , shrub, fern, plant, flower, fireplace or other property in any park is prohibited. Section 6. Climbing. Climbing of trees or flagpoles, sitting or standing upon monuments, vases, fountains , railings or fences in any park or recreation areas is prohibited. is - 2 - Section 7. Walking on the Grass. No person shall go on foot or otherwise upon the grass or turf of any park where any sign is posted prohibiting such conduct. Section 8, Dumping. Dumping or depositing bottles, broken glass, ashes, paper, boxes, cans or refuse of any kind is prohibited except in the containers provided in the parks . Section 9. Erection of Structures. No person in any park shall construct or erect or bring into any park any build- ing or structure of whatever kind, whether permanent or temporary in character; or run or string any public service utility into, upon or across such lands, except upon special written permit issued hereunder. Section 10. Restrooms. No person in any park shall fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of four (4) years shall use the restrooms or washrooms designated for the opposite sex. ItSection 11. Throwing of Missiles. No person in any park shall throw or cast any stone or missile carelessly or heedlessly in disregard of the rights or safety of others or in any manner so as to endanger or be likely to endanger any person or property. Section 12. Camping. No person shall set up tents , shacks, or any other temporary shelter, nor shall any person leave in any park after closing hours any movable structure or special vehicle, such as a housetrailer, camptrailer, campwagon or the like, with- out the written permission of the City Clerk. Section 13. Dangerous Games. No person in any park shall take part in or abet the playing of games involving thrown or otherwise propelled objects including but not limited to balls, stones, arrows, javelins, model airplanes, horseshoes or darts except in areas specifically designated for such forms of recreation. The playing of rough or dangerous games such as football, baseball, and quoits is prohibited except on the field and courts and areas provided therefor. - 3 - • Section 14. Destructive Devices. 0 No firearms, air -rifles, BB guns, slingshots, explosives, fireworks, or devices capable of discharging blank ammunition shall be brought into or used in park areas, except by peace offices while executing their lawful duties. Section 15. Gambling, Drugs, and other Activities. Gambling; use or possession of drugs; or disorderly conduct is prohibited. Section 16. Pollution of Waters. Discharge in waters of any pond, stream or any other body of water, of any substance, or liquid or solid, or any other matter or thing which is a pollutant is prohibited. Section 17. Posting of Bills. No person shall post, paste, fasten, paint or affix any placard, bill, notice or sign upon any structure, tree, stone, fence, thing or enclosure, within any park without the written authorization of the City Clerk. • Section 18. Distribution of Circulars. • No person, firm, group or organization shall distribute or display any circulars, cards, announcements or other items either printed or otherwise, in any park without the written authorization of the City Clerk. Any authorized distribution or display of circulars, cards, announcements or items pursuant to this section shall be distributed and disposed of in an orderly manner. Section 19. Trapping. No person shall at any time , set, lay, prepare or have in his possession any trap, snare, artificial light, net, bird -line, or any contrivance whatever, for the purpose of catching, taking, injuring, or killing any bird or animal in any park except upon the written authorization of the City Clerk. Section 20. Movement of Tables and Benches. No person shall move benches, seats or tables from their places. The previous sentence notwithstanding, said benches, seats and tables may be moved within a designated picnic area within any single park for use. Section 21. Picnicking. . Picnicking is permitted only in designated areas; no person or group of persons shall exclude others from a picnic area. -4- Section 22. Sale of Articles. No person shall sell or offer for sale any article or thing whatsoever in any park or parkway, but this prohibition shall not apply to sales of refreshments or, other articles by the City of Chanhassen, its agents, its duly licensed concessionaires or persons selling under its written direction. Section 23. Pets and Animals. No person shall be permitted to take any animal, including but not limited to dogs, cats, monkeys, horses, into any park, and in no case shall any person allow or bring any animal owned or tended by him upon any park property, park waters or upon any skating rink, or in any park building, unless so authorized in writing by the City Clerk. Section 24. Skating Rules and Warming House Rules. a. No person or persons shall do or engage in any of the following acts within skating rinks on ice in any park, except in the course of winter sports or organized events held under the supervision of the staff of the City of Chanhassen or its delegates, viz: . Racing or playing of any games which interfere with the general use of the skating rink, the use of sleds, toboggans, hockey sticks and pucks. This section shall not be construed to pro- hibit the use of hockey sticks and pucks upon rinks constructed or designated as hockey rinks by the City of Chanhassen. b. No person shall smoke or loiter on any skating rink or on the ice in any park, or within any warming house in any park. Section 25. Use of Loudspeakers. No person in any park shall use loudspeakers and public address systems with- out a written permit granted therefor by the City Council. Section 26. Fires. No person shall start any fire in any park, except fires may be made by picnic parties in the park, but only in free-standing barbecue grills or in the places in said parks provided for the purpose and so designated by the City Clerk. Any person who starts any such fire is charged with the duty of completely extinguishing such fire or fires before leaving -such park. Nothing herein shall be construed to limit or restrict the enforcement of ordinances regulating air pollution control and setting ambient air quality standards. - 5 - 0 Section 27. Disorderly Conduct. Any person in a park who persistently interferes with the orderly conduct of games or play by the participants therein shall be guilty of disorderly conduct and upon conviction shall be punished as for that offense. Section 28. Fishing. No person shall fish in any park except in those areas designated for open fishing by the City Council and the State Department of Natural Resources regulations. No person shall clean fish or dispose of the remains except at facilities expressly designated for such purposes in any park. Section 29. Cutting Holes in Ice. No person shall cut any hole in the ice of any park waters larger than 12 inches in diameter, unless said hole shall be completely enclosed by an ice fishing house or spear fishing house. No such ice fishing, house or spear fishing house shall be per- mitted within any park or upon the ice of any park waters except upon the written authorization of the City Clerk. Section 30. Fires on Frozen Park Waters. • It shall be unlawful to have any fires on the ice of any park waters, provided, • however, that manufactured heaters burning liquid fuel may be used. Section 31. Permits. a. Public Gathering Permits. A permit shall be obtained from the City Clerk before participating in any of the following activities: Carnivals, Community celebrations, Gatherings of 50 or more persons, including picnics and political gatherings, Contests and exhibitions, including, among other things, those requesting exclusive use or charging admission. (1) A person seeking issuance of a permit hereunder shall file an application with the City Clerk. The application shall state: (a) the name and address of the applicant; (b) the name and address of the person, persons, corporation or • association sponsoring the activity, if any; 1c) the day and hours for which the permit is desired; • (d) the park or portions thereof for which such permit is desired; (e) an estimate of the anticipated attendance; (f) any other information which the City Clerk shall find reason- ably necessary to a fair determination as to whether a permit should be issued hereunder. (2) The City Clerk shall issue a permit hereunder when he finds that: (a) the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park; (b) that the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation. This should not give right to exclusive use of park facilities. (c) that the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct; (d) that the proposed activity will not entail unusual, extraordinary or burdensome expense for police operation by the City; (e) that the facilities desired have not been reserved for some other use at the day and hour required in the application. • (3) Within five (5) days after the receipt of an application, the City Clerk shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing with- in five (5) days of mailed notice to the City Council, which shall con- sider the application under the standards set forth in subsection 2 hereof and sustain or overrule the City Clerk's decision within 14 days. The decision of the City Council shall be final. (4) A permitee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permit. (5) The person or persons to whom a permit is issued shall be liable for any loss, damage, or injury sustained by any person wherever by reason of the negligence of the person or persons to whom such permit shall have been issued. Within 48 hours of the end of the permit, a permitee shall remove from the park all trash in the nature of boxes, papers, cans , bottles, garbage and other refuse and all installations and equipment, and restore the premises to their condition prior to use. (6) No permit shall be issued or continued in effect unless there is in full force and effect a liability insurance policy issued by an insurance company authorized to do business in the state of Minnesota in the amount of $50,000.00 for bodily injury to one person, in the amount - 7 - • of $100,000.00 for injuries to more than one person which are sustained . in the same accident, and $10,000.00 for property damage resulting from one accident. Said policy or certificate shall be filed in the office of the City Clerk. The City Clerk may waive this requirement where its imposition would result in undue hardship or it would be inconsistent with the intent of this section. (7) - The City Clerk shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown. b. Parking Permits. No person shall leave or park any vehicle on any public lands or grounds adjacent to or in the neighborhood of Lake Ann Park during the months of May, June, July, August and September of each year without having attached to said vehicle in a conspicuous place a permit for each year. Such permits for the parking of automobiles or other vehicles or conveyances on public lands or grounds adjacent to or in the neighborhood of Lake Ann Park shall be issued by the City Clerk to any resident or real property owner of the City upon payment to the City Clerk of a permit fee, the dollar amount of which shall be set by resolution of the Council each year. Such permits shall also be issued to any person not a resident of the City or not owning real property within the City only upon payment to the City Clerk of a permit fee, the dollar amount of which shall be set by resolution of the Council each year. • Section 32. Use of Vehicles. a. No person in any park shall ride or drive a vehicle at a rate of speed exceeding 15 miles per hour, except upon such roads as the City Council may designate by posted signs, for speedier travel. b. No person when using a park shall interfere with the passage of vehicles. C. No vehicle is permitted on any footwalk, lawn, or any other grounds of City parks except in such areas or upon such trails, paths or roadways as are specifically designated by posted signs for traffic or parking purposes. d. No driver of any vehicle shall tow or push any toboggan, sled, ice skater, bicycle or any other sliding or coasting device, nor permit any person to board or alight from nor hang onto said vehicle when said vehicle is in motion. e. No vehicle of any kind shall be permitted to drive across or on park lands except on roadways, except such vehicles and machines as operated by the City of Chanhassen. Nothing herein shall be construed to prohibit the use of snowmobiles in any area of a park so designated by resolution* or by ordinance by the Chanhassen City Council. - 8 - . f. No vehicle of any kind shall be permitted on the ice of park waters or flodded skating or hockey rinks, except such vehicles and macnines as operated by the City of Chanhassen for the purposes of maintaining skating rinks and performing necessary work on said ice and provided that the City Council of Chanhassen may by resolution or ordinance, authorize the use of certain portion of any such lake for ice racing or snowmobiling . g. No person shall wash, grease or repair any vehicle on any park, boule- vard or parkway except to perform such repairs as are necessary by an emergency. h. No person shall ride any bicycle upon any trail or sidewalk in such manner as to interfere with any pedestrian thereon. i. Any unoccupied vehicle found in violation of the provisions of this ordinance may be removed and impounded at owner's expense by any police officer or duly authorized person in accordance with the ordi- . nances of the City of Chanhassen. Section 33. Motorboats. No boat of any kind shall be permitted on the waters of Lake Ann, provided, 40 however, that boats moved exclusively by human power or moved by wind power are permitted. The previous sentence notwithstanding, no boat of any kind shall be per- mitted within areas which are expressly marked and designated for swimming by the City Council. Section 34. Launching of Boats. The launching of boats within any park shall be limited to those areas which are expressly marked and designated for such purposes by the City Council by resolu- tion, and shall otherwise be prohibited. Areas so designated shall be posted and marked by the City Public Works Department with appropriate signs. Section 35. Improper Boat Handling. No person shall navigate, direct or handle any boat in such manner as to annoy, frighten or endanger the occupants of other boats of other persons including swimmers. Section 36. Public Swimming. a. The date of the season opening and closing park swimming beaches shall be directed by resolution of the City Council each year. b. Chanhassen public beaches shall be attended by lifeguards who shall work at the hours. and times designated by the City Council. • 0 c. Bathing Beach Rules and Regulations for Parks: (1) No eating, smoking or drinking on sandy beach areas. (2) No person shall throw, cast, deposit, damage, lay, place or scatter in the water or upon any bathing beach any lighted cigars, cigarettes, or any glass bottles, nails, tacks, wires , crockeries , cans or other sharp or cutting substances or any refuse, matter or article or thing of any kind. If any glass is broken, the person responsible for the breaking shall immediately pick up the pieces and place them in a trash container. (3) No person in any park shall swim outside of areas which are expressly marked and designated for swimming by the City Council by resolution. Areas so designated shall be posted and marked by the City Public Works Department with appropriate signs. (4) No person shall swim or bath in the water fronting any public bathing beach between the hours of 10:00 P.M. and 7:00 A.M.; during electrical storms or in a dangerous or unauthorized area. ti (S) No person shall enter the water or onto any public bathing beach unless clothed. 0 (6) No person shall change clothes on the beach or in vehicles parked in any park except enclosures provided for the same. (7) No person shall carry on unnecessary conversation with lifeguards; or falsely call for help or assistance, or stand or sit upon or cling to any lifeguard perches or light towers; or, except in an emergency, to into or cling to any lifeguard boat. (8) No person shall conduct himself upon any public beach or in the water in such a manner as to jeopardize the safety or health of himself and others. (9) No person having, or apparently having, any infectious disease shall be permitted to a public bathing beach or shall be permitted into the water. (10) No child under twelve (12) years of age shall be allowed on the beach unless the child is under the direct supervision of a competent person who shall be not less than sixteen (16) years of age. (11) All lifeguards shall be subject to the rules and regulations prescribed by the City Council. - 10 - 00 EL (12) The duly appointed lifeguards are hereby authorized and empowered to order swimmers out of the bathing beach waters at such times and under such conditions as they deem necessary for public welfare. Section 37. Severability. If any provision or provisions of this ordinance are declared unconstitutional by a competent court, said decisions shall not affect any other part or portion of this ordinance. Section 38. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Council this 21st day of - Tuly , 1975. ATTEST: Clerk -Adm ylskm-tor MAYOR / Published in Carver County Herald on the 31st day of Tuly 1975. Fires. a. -vu person in any park shall ' any park, between the hours of No person shall start any fire in ride or drive a vehicle at a rate of 10:00 P.M. and 7:00 A.M., but this any park, except fires may be made speed exceeding 1S miles per hour, section shall not apply to those by Picnic parties in the park, but except upon such roads as the City vehicles or persons involved in only in free-standing barbecue Council may designate by posted organized activities which are grills or in the places in said parks signs, for speedier travel. authorized to remain in a park by provided for the purpose and so b. No person when using a park the City. designated by the City Clerk. Any shall interfere with the, passage of Section S. Vandalism and Related person who starts any such fire is vehicles. Acts. charged with the duty of completely c. No vehicle is permitted on any Removal, breaking, destruction, extinguishing such fire or fires footwalk, lawn, or any other injury, mutilation or defacement in before leaving such park. Nothing grounds of City parks except in any way of any structure, herein shall be construed to limit or such areas or upon such trails, monument, statue, vase, fountain, restrict the enforcement of or- paths or roadways as are fence, railing, flagpole, vehicle, dinances regulating air pollution specifically designated by posted bench, tree; shurb, fern, plant, flower> fireplace -or other property control and setting ambient air duality standards. signs for traffic or parking pur. in ani peYk i5'prohibiled:` Section 27. Disorderly. Conduct. poses. _ d. No driver of any vehicle shall Section 6. Climbing. -Any person in a park who per. tow or push any toboggan, sled, ice G Climbing of trees or flagpoles, sistently interferes with the orderly skater, bicycle or any other sliding sitting or standing upon monuments, conduct of games or play by the or coasting device, nor permit any vases, fountains, participants therein shall be guilty railings or fences in any of disorderly conduct person to board or alight from nor park or and upon hang onto said vehicle when said l recreation areas is prohibited. conviction shall be punished as for vehicle is'in motion. Section 7. Walking on the Grass. No that offense. Section 28. Fishing. e. No vehicle of any kind shall be person shall go on foot or permitted to drive across or on otherwise upon the grass or turf of No person shall fish in any park park lands except on roadways, any park where any sign is posted except in those areas designated for except such vehicles and machines t� prohibiting such conduct, open fishing by the City Council and as operated by the City of Section 8. Dumping. Dumping the State Department of Natural Resources Chanhassen. Nothing herein shall M or depositing bottles, broken regulations. No person be construed to prohibit the use of ' glass, ashes, paper, boxes, shall clean fish or dispose of the snowmobiles in any area of a park cans or refuse of any kind is remains except at facilities ex- so designated by resolution or by prohibited except in the containers provided in the parks. pressly designated for such Pur poses in any park. ordinance by the Chanhassen City Council, Section9. Erection of Structures. Section 29. Cutting Holes in Ite. f. No vehicle of any kind shall be No person in any park shall No person shall cut any hole in permitted on the ice of park waters construct or erect or bring into any the ice of any park waters larger or flooded skating or hockey rinks, park any building or structure of 'han 12 inches in diameter, unless exept such vehicles and machines whatever kind, whether permanent or temporary in said hole shall be completely en- as operated by the 'City of character; or run closed by an ice fishing house or Chanhassen for the purposes of or string any public service utility 4 spear- fishing house. No such ice maintaining skating rinks and N into, upon or. across such lands, fishinri house or spear fishing house performing necessary work on said. s except upon special written permit ' issued shall be permitted within any park ice and provided that the City hereunder. Section or upon the ice of any park waters Council of Chanhassen may be 10. Restrooms. No person in any park shall fail to except upon the written authorization of the City Clerk. resolution or ordinance, authorize no the use of certain, portion of cooperate in maintaining Section 30. Fires on Frozen Park any such lake for ice racing or restrooms and washrooms in a neat Waters. snowmobiling. , and sanitary condition. No person It shall be unlawful to have any 9. No person shall wash, grease over the age of four (4) years shall fires on the ice of any park waters, or repair any vehicle on any park, use the restrooms or washrooms provided, however, that boulevard or parkway except to designated for the opposite sex. Section manufactured heaters burning perform such repairs as are 11. Throwing of Missiles. liquid fuel may be used. necessary by an emergency. No person in any park shall throw Section 331. Permits. h. No person shall ride any or cast any stone or missile a• Public Gathering Permits. A bicycle upon any trail or sidewalk carelessly or heedlessly in permit shall be obtained from the in such manner as to interfere with disregard of the rights or safety of City Clerk before participating in any pedestrian thereon. others or in any manner so as to any of the following activities: i. Any unoccupied vehicle found endanger or be likely to endanger Carnivals, in violation of the provisions of this any person or property. Section 12. Camping. Community Celebrations, Gaterings of 50 or more ordinance may be removed and impounded No person per- sons, including at owner's expense by shall set up tents, shacks, picnics and political any police officer or duly or any other temporary shelter nor shall any person leave gatherings. Contests and exhibitions, in- authorized person in accordance with the ordinances of the City of n any park after closing hours any cluding, among other things, those Chanhassen. movable structure or special requesting exclusive use of Section 33. Motorboats. vehicle, such as a housetrailer, charging admission. No boat of any kind shall be camptrailer, campwagon or the (1) A person seeking issuance of a permitted on the waters of Lake like, without the written permission permit hereunder shall file an Ann, provided, however, that boats Of the City Clerk. application with the City Clerk. The moved exclusively by human power Section 13. Dangerous Games. application shall state: or moved by wind power are per - No person in any park shall take (a) The name and address of mitted. The previous sentence part in or abet the playing of games involving the applicant; (b) the notwithstanding, no boat of any �- thrown or otherwise name and address of the kind shall be permitted within propelled objects including but not person, persons, corporation or areas which are expressly marked wJ limited to balls, stones, arrows, association sponsoring the activity, and designated for swimming by javelins, model airplanes, hor- if any; the City Council. seshoes or darts except in areas (c) the day and hours for which Section 34. Launching of Boats. specifically designated for such the permit is desired; The launching of boats within any forms of recreation. The playing of (d) the park or portions thereof park shall be limited to those areas rough or dangerous games such as for which such permit is desired; which are expressly marked and football, baseball, and quoits is - (e) an estimate of the an- designated for such purposes by the prohibited except on the field and ticipated attendance; City Council by resolution, and courts and areas provided therefor. (f) any other information which shall otherwise be prohibited. CITY OF Section 14. Destructive Devices. No firearms, the City Clerk shall find reasonably necessary to Areas so designated shall be posted air -rifles, BB guns, a fair determination and marked by the City Public CHANHASSEN slingshots, explosives, fireworks, or devices capable as to whether a permit should be issued hereunder. Works Department with ap- of discharging rn g propriate signs. Ordinance No. 5 blank ammunition shall be brought into or used in park areas, (2) The City Clerk shall issue a permit hereunder when he finds Section 35. Improper Boat Han - dling. except by peace offices while executing that: No person shall navigate, direct their lawful duties. (a) the proposed activity or use or handle any boat in such manner Section 15. Gambling, Drugs, and of the park will not unreasonably as to annoy, frighten or endanger CITY OF CHANHASSEN CARVER other Activities. Gambling; use or possession of interfere with or detract from the general public enjoyment of the the occupants of other boats of other persons including swimmers. AND HENNEPIN COUNTIES, MINNESOTA drugs; or disorderly conduct is park; Section 36. Public Swimming. prohibited. (b) that the proposed activity a. The date of the season opening ORDINANCE NO. 59 Section 16. Pollution of Waters. Discharge in waters of any pond, or use will not unreasonably in. terfere with or detract from the and closing park swimming beaches AN ORDINANCE RESTRICTING stream or any other body of water, of any substance, or liquid shall be directed by promotion of public health, welfare, resolution of the City Council each safety and recreation. This THE USE OF PUBLIC PARKS AND WATERS or solid, or any other matter or thing which shculd not give right to exclusive use of year. b. Chanhassen public beaches ADJACENT THERETO. is a pollutant is prohibited. park facilities. shall be attended by lifeguards who Section 17. Posting of Bills. (c) that the proposed activity shall work at the hours and times THE CITY COUNCIL OF No person shall post, paste, fasten, paint or affix any placard, or use is not reasonably anticipated designated to incite violence, crime or disor- by the City Council. c. Bathing Beach CHANHASSEN ORDAINS: bill, notice or sign upon any Rules and derly conduct; Regulations for Parks: Section 1. Definitions. structure, tree, stone, fence, thing (d) that the proposed activity (1) No eating, smoking or a. "Vehicle" includes every or enclosure, within any park will not entail unusual, ex. drinking on sandy beach areas. without the written authorization of traordinary or burdensome ex- (2) No person shall throw, device in, upon; or by which any the City Clerk. pence for police operation by the deposit, cast, damage, lay, person or property is or may be transported or drawn upon a high. place or Section 18. Distribution of Cir- City; scatter in the water or upon any way except devices moved ex. culars. No person, firm, group or have (e) that the facilities desired bathing beach any lighted cigars, not been reserved for some cigarettes, clusively upon stationary rails or tracts. Further, "vehicle" organization shall distribute or other use at the day and hour nails, or any glass bottles, tacks, wires, crockeries, cans means any bicycle, go-cart, minibike, display any circulars, cards, an- required nouncements or other items either in the application. or other sharp or cutting sub - (3) Within five (5) days after the stances or any refuse, motorcycle, snowmobile, recreational vehicle, terrain printed or otherwise, in any park receipt of an application, the City article matter or or thing of any kind. If any all vehicles or self-propelled in- without the written authorization of Clerk shall apprise an applicant in glass is broken, the person writing of his reasons for refusing a responsible for the breaking shall struments which carry or may carry an occupant or occupants upon land or water. b. "Parks" shall mean parks, parkways, ice skatingrink, playgrounds, public accesses, recreation fields, recreation buildings, beaches and water surrounded by parks, including but not limited to waters adjacent to beaches, which are delineated as swimming areas by the placement of marker buoys. c. "Person' means any in- dividual, partnership, corporation, or association. d. "Snowmobile" means any engine driven vehicle of a type which utilizes sled -type runners, or skis, or an endless belt tread or any combination of these or other similar means of contact with the surface upon which it is operated and which is designed to operate over ice or snow. e. "Drugs" shall mean any controlled substance, as defined by Chapter 152 of Minnesota Statutes and successor statutes, the possession of which is a violation of Minnesota Statutes 152.09 and successor statutes. f. "Driver" means every person +✓Vho drives or is in physical control of a vehicle. Section 2. Purpose. The purpose of this ordinance is to afford a means of maintaining and using the parks under the jurisdiction of the City in a manner which is consistent with the maximum enjoyment by all per- sons and protective of the natural resources therein. Section 3. Enforcement and Penalties. Any person found violating this ordinance or any part of it by any peace officer or his deputy and who upon such officer's request to cease and desist from such violation fails or refuses to do so may be requested to leave the park and if necessary may be ordered or removed from the park by said peace officer; such denial of con- tinued use and enjoyment of the parks toviolators shall also apply to enforcement of any rules and regulations promulgated by the City provided such rules and regulations are consistent with this ordinance. A copy of this ordinance and supplementary rules and regulations shall be posted in conspicuous places within the park. In addition or in the alternative, any person convicted of violating this ordinance or any part of it may be fined up to $300 and imprisoned up to 90 clays or both. In addition to any other persons or peace officers vested with the powers of enforcement and arrest of any person for the violation ,of any`provision of this ordinance, all employees of the City. of Chanhassen whose duties are being discharged- in a public park shall have the power to enforce provision of this ordinance by arrest of any person violating any provision thereof. Section 4. Hours. City Any authorized distribution or display of circulars, cards, announcements or items pursuant to this section shall be distributed and disposed of in any orderly manner. Section 19. Trapping. No person shall at any time, set, lay, prepare or have in his possession any trap, snare, ar- tificial light, net, bird -line, or any contrivance whatever, for the puppose of catching, taking, in. juring, or killing any bird or animal in any park except upon the written authorization of the City Clerk. Section 20. Movement of Tables and Benches. No person shall move benches, seats or tables from their places. The previous sentence not. withstanding, said benches, seats and tables may be moved within a designated picnic area within any single park for use. Section 21. Picnicking. Picnicking is permitted only in designated areas; no person or group of persons shall exclude others from a picnic area. Section 22. Sale of Articles. No person shall sell or offer for sale any article or thing whatsoever in any park or parkway, but this prohibition shall not apply to sales of refreshments or other articles by the City of Chanhassen, its agents, its duly licensed concessionaires or persons selling under its written direction. Section 23. Pets and Animals. No person shall be permitted to take any animal, including but not limited to dogs, cats, monkeys, horses, into any park, and in no case shall any person allow or bring any animal owned or tended by him upon any park property, park waters or upon any skating rink, or in any park building, unless so authorized in writing by the City Clerk. Section 24. Skating Rules and Warming House Rules. a. No Person or persons shall do or engage in any of the following acts within skating rinks on ice in any park, except in the course of winter sports or organized events held under the supervision of the staff of the City of Chanhassen or its delegates, viz: Racing or playing of any games which interfere with the general use of the skating rink, the use of sleds, toboggans, hockey sticks and pucks. This section shall not be construed to prohibit the use of hockey sticks and pucks upon rinks constructed or designated as hockey rinks by the City of Chanhassen. b. No person shall smoke or loiter on any skating rink or on the ice in any park, or within any warming house in any park. Section 25. Use of 'Loudspeakers. No person in any park shall use loudspeakers and public address systems without a written permit granted therefor by the City shall have the right to appeal in writing within five (5) days of mailed notice to the City Council, which shall consider the application under the standards set forth in subsection 2 hereof and sustain or overrule the City Clerk's decision within 14 days. The decision of the City Council shall be final. (4) A permitee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permit. (5) The person or persons to whom a permit is issued shall be liable for any loss, damage, or injury sustained by any person wherever by reason of the negligence of the person or persons to whom such permit shall have been issued. Within 48 hours of the end of the permit, a permitee shall remove from the park all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse and all installations and equipment, and restore the premises to their condition prior to use. (6) No permit shall be issued or continued in effect unless there is in full force and effect a liability in- surance policy issued by an in- surance company authorized to do business in the state of Minnesota in the amount of $50,000.00 for bodily injury to one person, in the amount of $100,000.00 for injuries to more than one person which are sustained in the same accident, and $10,000.00 for property damage resulting from one accident. Said policy or certificate shall be filed in theofficeof the City Clerk. The City Clerk may waive this requirement where its imposition would result in undue hardship or it would be in- consistent with the intent of this section. (7) The City Clerk shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown. (b) Parking Permits. No person shall leave or park any vehicle on any public lands or grounds ad- jacent to or in the neighborhood of Lake Ann Park during the months of May, June, July, August and September of each year without having attached to said vehicle in a conspicuous places permit for each year.Such permits for the parking of automobiles or other vehicles or conveyances on public lands or grounds adjacent to or in the neigh- borhood of Lake Ann Park shall be issued by the City Clerk to any resident or real property owner of the City upon payment to the City Clerk of a permit fee, the dollar amount of which shall be set by resolution of the Council each year. Such permits shall also be issued to any person not a resident of the City or not owning real property within the City only upon payment to the City Clerk of a permit fee, the dollar amount of which shall be set by resolution of the Council each year. immediately pick up the pieces and place them in a trash container. (3) No person in any park shall swim outside of areas which are expressly marked and designated for swimming by the City Council by resolution. Areas so designated shall be posted and marked by the City Public Works Department with appropriate signs. (4) No person shall swim or bath in the water fronting any public bathing beach between the hours of 10:00 p.m. and 7:00 a.m.; during electrical storms or in a dangerous or unauthorized area. (5) No person shall enter the water or onto any public bathing beach unless clothed. (6) No person shall change clothes on the beach or in vehicles parked in any park except en. closures provided for the same. (7) No person shall carry on unnecessary conversation with lifeguards; or falsely call for help or assistance, or stand or sit upon or cling to any lifeguard perches or light towers; or, except in an emergency, to into or cling to any lifeguard boat. (8) No person shall conduct himself upon any public beach or in the water in such a manner as to jeopardize the safety or health of himself and others. (9) No person having, or ap- parently having, any infectious disease shall be permitted to a public bathing beach or ,shall be permitted into the water. (10) No child under twelve (12) years of age shall be allowed on the beach unless the child is under the direct supervision of a competent person who shalt be not less than sixteen (16) years of age. (11) All lifeguards shall be subject to the rules and regulations prescribed by the City Council. (12) The duly appointed lifeguards are hereby authorized and empowered to order swimmers out of the bathing beach waters at such times and under such con- ditions as they deem necessary for public welfare. Section 37. Severability. If any provision or provisions of this ordinance are declared un- constitutional by a competent court, said decisions shall not affect any other part or portion of this ordinance. Section 38. Effective Date. This ordinance shall take effect and be in force from and after its Passage and publication. Passed by the Council this 21st day of July, 1975. ATTEST: (s) Barry R. Brooks Clerk -Administrator (s) Al Klingelhutz Mayor (Pub. in Carver County Herald on the 31st day of July , 1975.