Chapter 58

All parks, play areas and recreation facilities in the village shall be operated and maintained under the supervision of the director of public works.

(Code 1966, § 22.01(1))

Cross References: Officers and employees, § 2-76 et seq.

Sec. 58-2. Director of public works-duties.

The director of public works shall see to the operation and maintenance of the village parks, playgrounds and recreational areas, and shall perform his duty, subject to the supervision of the village board. He may, from time to time, delegate the authority vested in him to a recreational director, when such recreational director has been appointed and approved by the village board.

(Code 1966, § 22.01(2))

Sec. 58-3. Same--Employees.

The director of public works shall have supervision over all employees concerned in the maintenance of such parks, playgrounds and recreational areas, and they shall perform their duties under his supervision.

(Code 1966, § 22.01(3))

Sec. 58.4. Same--Enforcement of ordinances.

The director of public works, and those to whom authority has been delegated, shall see to the enforcement of all ordinances relating to the parks, and he shall enforce all rules and regulations relating to the use of the parks, playgrounds and recreational areas. He may request the assistance of the police department and village attorney in matters of enforcement.

(Code 1966, § 22.01(4))

Sec. 58-5. Special bathing penalties.

Violation of operating rules of swimming areas shall result in expulsion from the area on the first offense, and permanent expulsion for the season upon second offense. Third offenses shall be punished as provided in section 1-12.

(Code 1966, § 22.06)

Sec. 58-6. Definitions.

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

Large event means an event open to the public where large numbers of people are expected to attend.

Nonvillage resident means a person, group or company not located or residing within the village limits.

Village resident means a person, group or company having a village address. Events must only be for the business or group within the village limits, or personal events only for applicants residing in the village.

(Ord. No. 782, § I, 10-18-05)

Secs. 58-7--58-30. Reserved.

ARTICLE II.

OPERATION AND REGULATION OF PARKS, PLAYGROUNDS AND RECREATIONAL AREAS

Sec. 58-31. Operating policy.

(a) Park and playground hours. Parks, playgrounds and other recreational areas shall be open daily to the public during the hours of 9:00 a.m. to 9:00 p.m. on any one day, except that a later closing hour, not to exceed 1:00 a.m., may be granted upon special written permit issued by the village board, or for athletic activities when the park floodlights are operating. It shall be unlawful for any person or persons (other than village personnel conducting village business therein) to occupy or to be present in such park during any hours in which the park is not open to the public. Any section, or any part of the park, may be declared closed to the public by the director of public works at any time, and for any interval of time, either temporarily or at regular or stated intervals.

(b) Swimming areas; hours. Hours for public swimming shall be from 12:00 noon until 8:00 p.m. of any one day from Memorial Day through Labor Day of the same year, except that the director of public works or recreation director may close the swimming areas during inclement weather, where unsanitary water conditions exist, or for any special events. No person shall bathe or swim in the waters of a lake adjacent to the village limits between the hours of 10:00 p.m. and 6:00 a.m. No person shall jump, dive, swim or bathe from any highway bridge, footbridge, abutment or highway within the village limits or from the lands of the Wisconsin Electric Power Company located within the village limits.

(c) Amusement for gain. No amusement for gain or for which a charge is made can be conducted in a park without the consent of the village board, and such amusement must be conducted in accordance with any permit or ordinance pertaining thereto.

(d) Speed of vehicles. It shall be unlawful for any person to operate a motor vehicle in any area in the park, playground or recreational area in excess of 15 miles per hour.

(e) Sales or advertising. No person in a park shall:

(1) Expose or offer for sale any article or thing, nor shall there be stationed any stand, cart or vehicle for the transportation, sale or display of any such article or thing. Exception is made as to any regularly licensed concessioner acting by and under the authority and regulation of the village board.

(2) Announce, advertise or call the public attention in any way to any article or service for sale or hire.

(3) Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor shall any person erect or cause to be erected any sign on any public lands or highways or roads adjacent to a park, playground or recreational area.

(f) Winter program. The director of public works may conduct or permit a winter ice skating program in or on the area generally used for swimming or park purposes. In such event, the director may permit the park to be opened during reasonable hours for such purposes.

(Code 1966, § 22.02; Ord. No. 678, § I, 6-5-01)

Sec. 58-32. Group activities.

(a) Permit required. Whenever any group, association or organization desires to use the park facilities for a particular purpose, such as picnics, parties or theatrical or entertainment performances, a representative of the group, association or organization, shall first obtain a permit from the village clerk for such purposes. The village board may adopt an application form to be used by the village clerk for such situations.

(b) Granting of permit. The village clerk shall grant the applications, subject to the approval of the village board, if it appears that the group, association or organization will not interfere with the general use of the park by the individual members of the public and if the group, association or organization meets all other conditions contained in the application. Groups of 50 or larger shall make arrangements for their own dumpster. Any group requesting live music must appear before the health and recreation committee and the application is subject to the approval of the village board. All applications for large events must appear before the health and recreation committee and the application is subject to the approval of the village board.

(c) Limitations; bond. Due to the limited size and special nature of the development of Phantom Glen Park, group activities are limited to 50 persons. The application may contain a requirement for an indemnity bond to protect the village from any liability of any kind or character and to protect village property from damage, and shall contain such a provision if the swimming area is to be utilized by such group.

(Code 1966, § 22.03; Ord. No. 782, § II, 10-18-05)

Sec. 58-33. Regulations.

(a) Parks and playgrounds generally. Parks and playgrounds shall be regulated as follows:

(1) Disfiguration and removal. No person shall willfully mark, deface, disfigure, injure, tamper with, or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities or parts of appurtenances thereof, signs, notices or placards, whether temporary or permanent; monuments, stakes, posts or other boundary markers; or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

(2) Restrooms and washrooms. No person shall fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of five years shall use the restrooms and washrooms designated for the opposite sex.

(3) Sanitation. No person shall throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters; or bring in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be placed in any waters, in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.

(4) Animals.

a. It shall be unlawful for any person to bring or harbor any animals in any park, playground or recreational area, unless leashed or confined.

b. It shall be unlawful for any person to bring or allow any dog into Field Park during those times known as "Maxwell Street Days" or "Summerfeste" unless such dog is specially trained, or being specially trained, to lead blind or deaf persons or to provide support for mobility-impaired persons so long as the dog is wearing a harness or a leash or a special cape.

(5) Alcohol beverages. It shall be unlawful for any person to have in his possession, custody or control any alcohol beverage, including beer, of any kind whatsoever. Exceptions are as follows:

a. The sale and consumption of malt beverages or wine may be allowed upon the approval by the village board of an alcohol beverage license.

b. The consumption of alcohol may be allowed for wedding parties and family picnics who have obtained a permit from the village clerk to use the park.

(b) Bathing and swimming. Regulations governing bathing and swimming are as follows:

(1) Designated areas. No person in a park shall swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such water and at such places as are provided therefor, and in compliance with such regulations as are set forth in this subsection or may be hereafter adopted.

(2) Costume. No person shall appear in bathing costume at any place in the parks except within the limits of designated bathing places or areas, and all bathing costumes shall conform to commonly accepted standards.

(3) Bathhouses. No person shall dress or undress on any beach, or in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for that purpose.

(4) Horseplay. No running, jumping or horseplay is permitted in the beach area or pier.

(5) Toys. No floating toys or objects are permitted in the water.

(6) Diving board. Only one person at a time is permitted on a diving board.

(1) Designated areas. No person shall picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.

(2) Nonexclusive use. No person shall use any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded, except that exclusive use of the building may be permitted upon prior approval of the village board.

(3) Fires and cleanup. No person shall leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles, where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.

(d) Baseball and softball diamonds and football and soccer fields. Baseball and softball diamonds and football and soccer fields shall be regulated as follows:

(1) Alterations to fields. No permanent equipment shall be moved or altered (pitcher's mound, home plate, goal posts, goals, fences, etc.) without written consent of a representative of the village.

(2) Furnishing of equipment. Organizations or groups who have requested use of a ball diamond must furnish their own equipment such as bases, pitcher's rubber, bats, balls, gloves, padding, nets, etc.

(3) Field restoration. All base holes are to be filled in with suitable material immediately after use of the field. The fields shall be restored to their original conditions following use.

(4) Inclement weather. In the event of rain, the field will be closed if:

a. The infield has any standing water; or

b. The field grounds are muddy or wet enough to leave a footprint of an individual.

(5) Use of lights. Lights can be used one hour before dusk and only when there is a minimum of nine players. Lights must be turned off at the end of use and, in no case, past 10:00 p.m. during a practice or past 11:00 p.m. during a league game or tournament. The charge for the use of the lights shall be specified in the most current village board resolution.

(6) Inspection. Grounds shall be inspected before and after each use by a representative of the village. Grounds must be restored to their original condition immediately following their use. In case of inclement weather an extension of time must be obtained in writing from a representative of the village.

(7) Permit required. A permit for use of a diamond or field must be obtained from the village before its use. The user fee shall be specified in the most current village board resolution and will be required at the time the permit is issued. Failure of satisfactory restoration of the field shall be sufficient grounds for denial of further use of a diamond by the organization or group involved. Final decision concerning such use rests with the village board.

(8) Schedules. Any conflicts on scheduling, damage, conditions of field, etc., will be reported to the village clerk.

(9) Wet fields. Water on the infield can be dried up by use of sawdust. Materials other than an approved diamond ground mix shall not be used.

(Code 1966, § 22.04; Ord. No. 594, § I, 4-1-97; Ord. No. 782, §§ III, IV, 10-18-05)

Cross References: Alcohol beverages, ch. 6; offenses and miscellaneous provisions, ch. 54.

Sec. 58-34. Park fees.

(a) Use of beach. If lifeguards are present at the beach, all persons must obtain an annual patch for admission to the swimming area. The fee for such patch shall be specified in the most current village board resolution.

(b) Application. Applications for use of any park must be completed and submitted to the village clerk at least two months prior to the requested use of the park.

(c) Fees and deposits. The fees and refundable deposits for use of any park shall be specified in the most current village board resolution and must be paid at the time the application is submitted to the village clerk. Large events not specified in the resolution must appear before the village health and recreation committee and village board for a determination of the appropriate fee and deposit.

(Code 1966, § 22.05; Ord. No. 715, § I(5), 5-20-03; Ord. No. 782, § V, 10-18-05)