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HomeMy WebLinkAbout4340-02/22/1999 222S1. MISC BLACK HAWK COUNTY IOWA:SS INDEX Filed for record MAR 24, 1999 at MARGIN 4:00 P.M. and recorded in Book333 PROOF., (17,4 o MISC / Page 804 COMPA` ' 4 �t ,4_. �� Recorder Fee 1-35.00/ CITY OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4340 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY: REPEALING DIVISION 4 , BOARD OF PARK COMMISSIONERS, OF CHAPTER 2 , ADMINISTRATION, AND ENACTING IN LIEU THEREOF A NEW DIVISION 4 , LEISURE SERVICES COMMISSION; AND REPEALING ARTICLE I , IN GENERAL, AND ARTICLE III , PARK REGULATIONS, OF CHAPTER 28 , PARKS AND RECREATION; AND ENACTING IN LIEU THEREOF A NEW ARTICLE I , IN GENERAL, AND A NEW ARTICLE III , RULES AND REGULATIONS OF LEISURE SERVICES COMMISSION, OF CHAPTER 28 , LEISURE, CULTURAL AND ARTS SERVICES; AND ADDING SECTION 27-18 , PROHIBITING USE OF VEHICLES ON FLOOD CONTROL LEVEES, TO CHAPTER 27, OFFENSES; MISCELLANEOUS . That Division 4 , Board of Park Commissioners, of Chapter 2 , Administration, of the Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Division 4 , Leisure Services Commission, of Chapter 2 , Administration, of the Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows : DIVISION 4 . LEISURE SERVICES COMMISSION. Sec. 2-192 . Creation and Purpose. There is established a Leisure Services Commission to promote the development and use of leisure activities . Sec. 2-193 . Organization. (a) Membership and Term. The Leisure Services Commission shall consist of nine (9) members to be appointed by the Mayor with the approval of the Council . The regular, full term of office for three (3) of the members shall be for three (3) years expiring on March 1, 2002 . Three (3) members appointed thereafter shall hold office for two (2) years with the term expiring on March 1, 2001 ; and the remaining three (3) members shall hold office for one (1) year with the term expiring on March 1, 2000 . All subsequent appointments shall be for a term of three (3) years . Vacancies shall be filled in the same manner as original appointments . The Commissioners shall hold their office until their successors are appointed and qualified. The appointment shall be made upon the expiration of each current term of office . No member of the Commission shall serve more than two (2) consecutive terms and shall not be reappointed to a third term unless the member has not served on any board or commission of the City for a minimum of one year before reappointment to any CIT3 ® j4 Ordinance No. 4340 Page 2 board or commission; except a third term may be approved upon extraordinary circumstances and unavailability of applicants as determined by the Mayor. (b) Persons Eligible for Membership. Qualified electors of the City are eligible for appointment to the Leisure Services Commission. (c) Compensation. Each commissioner shall serve without compensation. (d) Filling Vacancies. Vacancies occurring on the Commission shall be filled by the Mayor in the same manner as regular appointments, which shall be to fill out the unexpired term for which the appointment is made . (e) Officers and Duties. The officers of the Commission shall be chairperson, vice-chairperson, and secretary. At its first organizational meeting of each year, the Leisure Services Commissioners shall elect a chairperson, a vice-chairperson, and a secretary who shall each serve a one (1) year term. The chair shall vote on all matters and decide on all points of order and procedure, subject to these rules, unless otherwise directed by a majority of the Commission members in session at the time . The chair shall appoint any standing or temporary committees necessary to carry out the functions of the Commission. The keeping of the minutes may be delegated to the Director of the Leisure Services Commission or his/her secretary. In the absence of the chair, the vice-chair shall be the presiding officer, and in the absence of the vice-chair, the secretary shall be the presiding officer. Sec. 2-194 . Duties of the Commission. The Leisure Services Commissioners shall have the following duties : (a) To evaluate the needs and prepare plans for future leisure activities, programs, and facilities . (b) To advise and recommend to the Mayor and Council on rate schedules, leases, contracts, major purchases, and rules and regulations . (c) To review and recommend on the annual budget . Sec. 2-195. Rules, Regulations, and Penalties. (a) Recreation facilities are any establishments which house leisure activities and programs and shall include without limitation the Young Arena, all municipal swimming pools and designated swimming areas, tennis courts, baseball facilities, and all municipal golf courses . (b) The Commission may, in writing, prescribe rules and regulations governing parks, park facilities, and public grounds under its jurisdiction and persons resorting thereto, which rules and regulations shall be in force when entered in the record of i� ;, t3„...d3r4r_8 Ordinance No. 4340 Page 3 the proceedings of the Commission and posted at the principal entrance to any such park, park facility, or public grounds, and any violation thereof shall be a municipal infraction. The civil penalty for a violation of this ordinance or of any rule or regulation thereof shall be punished as a municipal infraction as scheduled below: First offense—One Hundred Dollars ($100 . 00) ; Second offense—Two Hundred Dollars ($200 . 00) ; and Each subsequent offense—Up to Seven Hundred Fifty Dollars ($750 . 00) . That Article I , In General , and Article III , Park Regulations, of Chapter 28, Parks and Recreation, are hereby repealed in their entirety; that a new Article I , In General , and Article III , Rules and Regulations of Leisure Services Commission, of Chapter 28, Leisure, Cultural and Arts Services, are enacted in lieu thereof as follows : Chapter 28 LEISURE, CULTURAL AND ARTS SERVICES ARTICLE I . IN GENERAL. Sec. 28-2 . Swimming, Wading or Bathing in Watercourses Traversing Public Property; Certain Activities Excepted. No person in the City shall swim, wade or bathe in the Cedar River, Black Hawk Creek, Virden Creek, or any other body of water owned by, abutting upon, or adjacent to property owned by the City, except municipal swimming pools or designated swimming areas . This section shall not be construed to apply to properly equipped water skiers or fishermen. ARTICLE III . RULES AND REGULATIONS OF LEISURE SERVICES COMMISSION. Sec. 28-28 . Use of Park Facilities for Public Meetings; Permission, Bond Required. Public meetings, religious, political or otherwise, including picnic parties and entertainment for charitable or religious purposes, may be held in any public park upon first obtaining permission of the Leisure Services Commission or its authorized official . Such assemblages shall be conducted in a lawful and orderly manner, and shall occupy such ground or facilities as may be assigned to or reserved for them. Use of a public address system or similar methods of amplifying sound is subject to section 27-9 of the Waterloo Code of Ordinances . The Leisure Services Commission shall require insurance of groups using parks and park facilities in such amounts as are necessary to protect the Commission and the City of Waterloo against loss of and damage to public property and to indemnify against any liability. The group or groups shall name the City of Waterloo, Iowa, and the Leisure Services Commission as additional insureds, and within twenty-four (24) hours of obtaining permission to use Ordinance No. 4340 Page 4 park facilities, the group shall provide to the City Clerk a certificate of insurance evidencing the requirements set forth above . Sec. 28-29 . Operation of Vehicles Other Than on Roads and Ways Prohibited; Speed Limits. No person shall ride or drive an automobile, motorcycle, mini-bike, go-cart, snowmobile or other vehicle in any public park except upon the established roads and ways, and shall not exceed a speed limit of twenty (20) miles per hour at any time or such lower speed limits as are posted in designated areas . Sec . 28-30 . Parking of Vehicles in Public Driveways; Obedience to Traffic Signs . No automobiles or other vehicles shall be permitted to stand in any of the public driveways in any such park where signs to the contrary are posted. Nor shall any vehicle be driven contrary to any traffic signs including direction, stop, yield., caution or other proper control device . Sec. 28-31. Parking of Vehicles for Certain Purposes or During Hours When Park is Closed Prohibited. Parking of cars in any public park for the purpose of repair, washing, cleaning, general maintenance, non-park use or during hours when said park is closed is prohibited. Sec . 28-32 . Trucks, Other Commercial Vehicles . No person shall drive a truck or other commercial vehicle of any kind along or over any park roads or drives except for delivery purposes in such parks . Sec. 28-33 . Destruction, Removal, Etc. of Trees, Shrubs, Plants, Flowers. No person shall, in any manner, deface, injure or remove any tree, shrub, or plant standing or growing in any public park or pick or destroy any flowers or seeds growing therein. Sec . 28-34 . Fires. No fires shall be lighted or made in any public park except by permission of park authorities . This does not refer to the fires in stoves and ovens provided by the Leisure Services Commission for use in public cooking. Sec. 28-35. Weapons, Explosives, Fireworks, Etc. No person shall use or carry any firearms, air or pellet guns, explosives, weapons, firecrackers or fireworks of any character in any public park. Sec. 28-36 . Littering. Ordinance No. 4340 Page 5 No person shall deposit upon or litter the ground with any form of waste material ; all such waste material shall be deposited in receptacles provided therefor. Sec . 28-38 . Depositing Foreign or Waste Substance in Bodies of Water; Swimming Prohibited. No person shall throw or place any foreign waste substance in any body of water in or adjacent to any public park. No person shall swim or bathe in such body of water except municipal swimming pools or designated swimming areas . Sec . 28-39 . Disturbing, Interfering with Buildings, Improvements, Birds or Animals. No person shall disturb or interfere with any building or improvement of any kind made or being made in or about any public park, or disturb or interfere with birds or animals kept or found therein or in any of the parks . Sec . 28-40 . Entrance Upon Posted Portions of Park. No person shall enter upon portions of any public park in disregard of signs or posted notices forbidding the same. Sec. 28-41 . Animals Prohibited From Running at Large. No animal shall be allowed to run at large in any public park and any animal found in any such park shall be deemed to be found running at large unless the owner carries said animal or leads him by a chain, strap or rope not exceeding six (6) feet in length, or keeps any such animal confined in a wagon, automobile or other vehicle by chain, rope or strap not exceeding six (6) feet in length. This rule may be enforced by the Police Department, the Humane Society, or any other department or agency designated to enforce animal control ordinances, or any person in the employment of the Leisure Services Commission to remove and impound any animal running at large in any public park. Sec. 28-42 . Park Hours. No person shall remain in any public park after the hour of 11 : 00 p.m. unless special permission shall have been given by the park authorities for any such person or group to remain there . The public parks shall be closed to the public from 11 : 00 p.m. to 5 : 00 a.m. The Riverview Recreation area shall not be subject to this rule unless otherwise required by the City Council . Sec . 28-43 . Throwing Stones, Etc. , Upon Ice Prohibited; Games, Etc. on Ice. No person shall throw any stone, stick or other missile or obstruction upon the ice in any park. Sec. 28-44 . Posting Placards, Bills, Notices, Etc . to Structures, Trees, Etc. Prohibited. )r�� 8118 Ordinance No. 4340 Page 6 No person shall post, paste, fasten, paint or affix any placard, bill, or notice or sign upon any structure, tree, stone, fence or enclosure along or within any park. Sec . 28-45 . Moving Benches, Seats and Tables. No person shall move benches, seats and tables from their places in any park except at picnic grounds . Sec. 28-46 . Cutting, Removal of Wood, Plants, Rocks, Etc . No person shall cut or remove any wood, plants, turf, grass, soil , rock, sand or gravel from any public park unless authorized by the director of leisure services . Sec. 28-47 . Riding, Leading of Horses. Except for authorized police personnel , no person shall ride or lead a horse in any public park except on public drives or designated bridle paths . Sec. 28-48 . Sports, Games Restricted to Certain Areas. No person shall engage in a sport, game or recreational activity in the public parks and public landscape and turf grass areas under the maintenance care of the Leisure Services Commission except in areas designated and maintained for that particular purpose. Sec. 28-49 . Operation of Motorized Recreational Vehicles . Motorized recreational vehicles may be operated only in designated areas . Sec. 28-50 . Responsibility of Parents, Guardians, Custodians for Minors. No person, guardian or custodian of a minor shall permit such minor to do any act prohibited by any such provision of these rules . Sec. 28-51. Hunting and Trapping. Hunting and trapping are prohibited. This includes the use of firearms, air or pellet guns, bow and arrow, trained hawk or falcon and harassment of animal and bird life by whatever means, except as authorized by the City Council . Sec. 28-57 . Penalty for Violations . A violation of this ordinance or of any rule or regulation thereof shall be punished as a municipal infraction as scheduled below: First offense—One Hundred Dollars ($100 . 00) ; Second offense—Two Hundred Dollars ($200 . 00) ; and Each subsequent offense—Up to Seven Hundred Fifty Dollars ($750 . 00) . Ordinance No. 4340 Page 7 That Section 27-18, Prohibiting Use of Vehicles on Flood Control Levees, is hereby added to Chapter 27, Offenses; Miscellaneous, as follows : Sec. 27-18 . Prohibiting Use of Vehicles on Flood Control Levees . No person shall operate a vehicle, motor vehicle, motorcycle, go-cart, or snowmobile on any flood control levee relating or adjacent to the Cedar River, Black Hawk Creek, Virden Creek, or any other streams, reservoirs, and ponding and drainage areas in the flood control program of the City of Waterloo. No person shall deface, remove or interfere with any buildings or improvements of any kind on such areas . INTRODUCED: February 22, 1999 PASSED 1ST CONSIDERATION: February 22, 1999 PASSED 2ND CONSIDERATION: February 22, 1999 PASSED 3RD CONSIDERATION: February 22, 1999 PASSED AND ADOPTED by the City Council this 22nd day of February, 1999, and approved by the Mayor this 24th day of February, 1999 . A dr Joh R. ,.oof f, Mayo •/O ATTEST: Nancy Eobtrt, City Clerk CERTIFICATE I , Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4340, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 22nd day of February, 1999 . Witness my hand and seal of office this 24th day of February, 1999 . �CJ& 2T Nancy Ec rt, City Clerk SEAL FORM l 1 T. 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