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CITY OF WOODBURY WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 1817

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Woodbury, 55125
Woodbury Minnesota 8420 City Centre Drive 55125

AN ORDINANCE OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, PROVIDING THAT THE CITY CODE BE AMENDED BY AMENDING CHAPTER 16, SUBDIVISION III - PARK RULES

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THE CITY COUNCIL OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN:

ARTICLE III. PARK RULES

1817.01 That language be removed and added to Section 16-36 - Definitions

Sec. 16-36. 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:

Department means the Parks and Recreation Department.

Director means the Director of Parks and Recreation.

Permit means a document issued by the Parks and Recreation Department giving authorization for a specific activity on a public site.

Public site and open space means any park, open space, playground, , storm water holding areas or ponds, or any other area owned, improved, maintained, operated or otherwise controlled by the city, for recreation and natural resource preservation purposes.

Public waters means Bailey Lake, Battle Creek Lake, Colby Lake, La Lake, Markgrafs Lake, Powers Lake, Wilmes Lakes, Carver Lake and other bodies of water larger than one acre as shown in the Storm Water Drainage Plan.

System means the city's public site and open space system which includes the sites and facilities owned and maintained and operated by or otherwise under the authority of the city.

1817.02 That language be added to Section 16-37(c) - Interpretation and Scope

Sec. 16-37. Interpretation and scope.

(c) No provision of this article shall make unlawful any act necessarily performed by any law enforcement officer or Department employee, resource management or other city employee in the line of duty or work as such, or by any person, his agents or employees, in the proper and necessary execution of the terms of any contract or agreement with the city.

1817.03 That language be deleted and added to Section 16-39 - Permits

Sec. 16-39. Permits.

(a) Permits are required for the exclusive use of all or portions of specific areas, buildings, fields and other system facilities, and for conducting special events of a cultural, educational, political, religious or recreational nature, and for specific exemption from any provision of this article.

(b) Any act otherwise prohibited by this article, provided it is not otherwise prohibited by statute or ordinances, shall be lawful if performed under, by virtue of and strictly within the provisions of a Department permit to do so, and to the extent authorized thereby.

(c) Any person, group or association of persons required to obtain a permit shall submit a request for a permit with the Department. Permits must be carried at all times an activity is engaged in for which the permit has been issued.

(d) The grantee of a permit shall be bound by this article and any Department regulations in force as though the same were inserted in the permit.

(e) The grantee of a permit shall be liable for any loss, damage or injury sustained by the system or by any person whatever, such reason of the negligence of the persons to whom such permits are issued.

(f) The grantee of a permit shall not transfer or relinquish said permit to another person or group of persons without the written permission of the Department.

(g) The Department shall have the authority to revoke a permit upon evidence of good cause.

(h) No person shall in any manner disturb, harass, or interfere with the grantee of a valid permit, nor with any of the grantees' property or equipment.

1817.04 That language be removed and added to Section 16-40 - Hours and access

Sec. 16-40. Hours and access.

(a) The recreation and education opportunities of the system shall be available to all members of the public regardless of race, sex, age, creed, national origin, place of residency or public assistance status.

(b) The system shall be open to the public between the hours of 6:00 a.m. and 10:00 p.m. No person shall remain, stop, use or be present within the confines of any public site and open space between the hours of 10:00 p.m. and 6:00 a.m. Exceptions may be made by the Director in the case of emergency or when a permit or scheduled activities have been authorized by the Department or for other reasons the Director may determine necessary or desirable.

(c) Any section or part of any public site and open space may be declared closed to the public by the city council based upon the recommendation of the Director at any time or for any interval of time, either temporarily or a regular and stated interval, and either entirely or for certain uses as the city council shall find necessary.

1817.05 That language be removed and added to Section 16-41 - Golf

Sec. 16-41. Golf.

No person shall play or practice golf on any public site or open space except in the areas specifically designated for such use.

1817.06 That language be removed and added to Section 16-42 - Swimming

Sec. 16-42. Swimming.

(a) No person shall bathe, wade or swim in any public area except when dressed in bathing attire which is socially acceptable and conducive to water safety.

(b) No person shall wade or swim in a public area unless such activity is permitted by means of a posted sign. In all areas wherein swimming and wading is permitted, the Director shall have the authority to prohibit the use of such equipment deemed dangerous to persons engaged in swimming or wading and to prohibit such activities or conduct deemed dangerous or hazardous to those engaging in it or to other persons in a park. When a sign has been posted prohibiting the use of such equipment or engagement in such activities or conduct as may be specified therein, no person shall use such equipment or engage in such activities.

1817.07 That language be removed and added to Section 16-45- Camping

Sec. 16-45. Camping.

(a) No person shall establish or maintain any camp or other temporary lodging or sleeping place in any public site or open space except by permit issued by the Department.

(b) No person shall camp for a period longer than that authorized by the permit.

(c) All garbage or refuse of any kind shall be placed in receptacles provided for that purpose.

(d) No person shall install permanent camp facilities or physically alter the camp site.

(e) No person shall wash cooking and eating utensils, or clean fish except at locations designated for such use.

(f) No person shall cut or gather wood on any public site or open space for fuel other than that provided by the Department and stored for such use.

(g) No person shall desert a camp site until the site is completely razed and is thoroughly cleaned.

(h) No person shall use a park building for camping unless a specific permit has been granted by the Department for such use. Permits for the use of park buildings shall be issued to adults 18 years and older only and the adult shall be on the premises at all times during the duration of the permit.

1817.08 That language be removed and added to Section 16-46 - Bicycling

Sec. 16-46. Bicycling.

No person shall ride or operate a bicycle in any public sites or open space except in a prudent and careful manner, and maintaining effective control and operation of the vehicle. Pedestrians and bicyclists shall have the right-of-way where a trail or sidewalk intersects a roadway.

1817.09 That language be removed and added to Section 16-47 (2) - Boating

Sec. 16-47. Boating.

(2) No person shall operate a motorboat (as defined in subsection (1), above,) on Bailey Lake, Battle Creek Lake, Colby Lake, La Lake, Markgrafs Lake, and Powers Lake propelled by a motor greater than ten horsepower.

1817.10 That language be removed and added to Section 16-48 - Aircraft

Sec. 16-48. Aircraft.

No aircraft shall fly over any public waters at such a low altitude as to interfere with the then existing use of public waters for boating, bathing or other recreation use. No aircraft shall land on public waters except in the case of an emergency landing.

1817.11 That language be added to Section 16-49 - Defacement or destruction of property and resources

Sec. 16-49. Defacement or destruction of property and resources.

(a) No person shall tamper with, climb on, injure, deface, destroy, disturb, damage or remove any part of any system building, structure, sign, light pole, drinking fountain, hydrant, table, grill, equipment, statue or other property found therein.

1817.12 That language be deleted and added to Section 16-50 - Conservation of vegetation

Sec. 16-50. Conservation of vegetation.

(a) No person shall injure, cut, destroy, mutilate, uproot, disturb, or remove any flower, tree, shrub, or any plant whether wild or cultivated, or any part thereof unless authorized by the Department.

(b) No person shall plant or cause to be planted any wild, cultivated or exotic tree, shrub or plant except in specifically designated areas with the written permission of the Director.

(c) No person shall fell or climb any tree, pick any flowers, fruit or vegetable (not self grown), trample any flowers, tree seedlings, flower beds, vegetable gardens or new turf seedings.

1817.13 That language be deleted and added to Section 16-51 - Animals

Sec. 16-51. Animals.

(a) No person who owns or has custody or control of any animal shall cause or allow such animal to roam or be at large in any public site or open space except in areas specifically designated for pet exercise and training.

(b) No person who has custody of any animal shall permit the animal to enter any beach area, nature interpretive area, wildlife refuge, golf course or park building, whether leashed or otherwise except a certified assistance dog.

(c) No person who owns or has custody or control of any animal shall cause or permit the animal to be in any public site or open space without having a device for the removal of feces and depository to a proper receptacle located within the public site or open space or upon property owned or possessed by such person. It is unlawful to fail to pick-up the feces from a public site or open space.

(d) No person in custody of any animal shall allow the animal to disturb, harass or interfere with other public site or open space users or their property.

(e) Any unattended domestic animal or pet found roaming or at large within any public site or open space shall be impounded.

(f) All state laws and city ordinances

relating to the licensing and muzzling of

animals and pets, shall apply to same brought into any public site or open space.

(g) No person shall release or introduce any exotic or wild animal in any public site or open space without the written permission of the Director.

(h) No person shall allow an animal to graze or browse in any public site or open space.

(i) Horses are not permitted in any public site or open space except in areas specifically designated.

(j) No person shall have a pet in a designated exercise and training area unless it has a current Woodbury license.

1817.14 That language be added to Section 16-52 (a) - Hunting, fishing and molesting wildlife

Sec. 16-52. Hunting, fishing and molesting wildlife.

(a) No person shall kill, hunt, trap, pursue, injure, molest or unnecessarily disturb or have in possession any species of wildlife, including birds, waterfowl, fish or other animals found within the confines of any public site or open space without the written permission of the Director, except that fishing and hunting may be permitted in designated areas subject to laws and regulations established by the state.

1817.15 That language be deleted and added to Section 16-53 - Fires

Sec. 16-53. Fires.

(a) No person shall start or maintain a fire in any public site or open space except small recreational fires in fireplaces, fire rings, and grills provided for that purpose in areas specifically designated for such use. Private grills may be used in designated areas provided that all ashes and residue there from be disposed of in containers provided for such disposal.

(b) Any person who starts or maintains a fire in the authorized areas shall exercise continuous supervision from the time the fire is kindled until it is extinguished. No fire shall cause damage or constitute a threat to site vegetation and resources, nor shall it cause discomfort to other public site or open space users.

(c) The Public Safety Department, may at its discretion, prohibit fires for limited periods at any location for any purpose when it is necessary for the continued protection of system property and resource.

1817.16 That language be added to Section 16-54 (b) - Waste and litter

Sec. 16-54. Waste and litter.

( b) No person shall deposit, scatter, drop or abandon in any public site or open space any paper, bottles, cans, sewage, waste trash, grass clippings, tree branches or other debris except in receptacles provided by the Department for such purposes. No person shall deposit in any receptacle in any public site or open space any accumulation of waste, grass clippings, tree branches, or trash generated outside the boundaries of the site.

1817.17 That language be added to Section 16-55 - Weapons and fireworks

Sec. 16-55. Weapons and fireworks.

(a) No person shall possess, fire, discharge, or set off any firearm missile, fireworks, or explosives in any public site or open space except for displays authorized by permit by the Public Safety Department.

(b) No person except a law enforcement officer shall possess or carry a firearm of any description in any public site or open space. No person shall possess or carry in any public site or open space any air gun, bow and arrow, knife with a blade greater than three inches, slingshot, dart or projectile thrower, or any other dangerous or illegal weapon. Nothing in this section shall be construed to prevent the recreational use of

firearms and bow and arrows on official

ly established field or target ranges.

(c) Any unauthorized or illegal weapon within any public site or open space shall be subject to seizure by a law enforcement officer.

1817.18 That language be deleted and added to Section 16-57 - Audio devices

Sec. 16-57. Audio devices.

No person shall operate or play any musical instrument, radio, television, recorded music, loudspeaker, public address system or sound amplifying equipment of any kind in any public site or open space in such a manner that the sound emanating there from is audible beyond the immediate vicinity of the set of instrument, and subsequently interferes with the use of the public site or open space by other users or disturbs the residents of adjacent property except for those activities authorized by the Department or part of a performance or special event open to the public.

1817.19 That language be deleted and added to Section 16-59 - Alcoholic beverages

Sec. 16-59. Alcoholic beverages.

(a) No person shall transport, possess, or consume any alcoholic beverage as defined by Minn. Stats. ch. 340A in any public site or open space between the hours of 10:00 p.m. and 6:00 a.m.

(b) Any section or part of any public site and open space may be declared closed to the consumption of alcoholic beverages as defined by Minn. Stats. Ch. 340A by the city council based upon the recommendation of the Director at any time or for any interval of time, either temporarily or a regular and stated interval, and either entirely or for certain uses as the city council shall find necessary.

(c) The possession or consumption of alcoholic beverages as defined by Minn. Stats. ch. 340A is hereby prohibited within the boundaries of Menomini Park.

(d) No person shall sell or offer for sale any nonintoxicating malt liquor as defined by Minn. Stats. ch. 340A at any time in any public site or open space except by temporary license issued by the city council pursuant to section 4-47, temporary licenses, of the Woodbury City Code.

(e) Except as specifically authorized by the City at its Eagle Valley Golf Course and Central Park facilities, no person shall sell or offer for sale any intoxicating liquor or 3.2 percent malt liquor at any time in a public site or open space.

1817.20 That language be added to Section 16-61 - Parades, entertainment and public meetings

Sec. 16-61. Parades, entertainment and public meetings.

No processions, parades, pageants, ceremonies, exhibitions, celebrations, training exercises, speeches, entertainment or other public gatherings shall be allowed to pass through or take place in any public street, site or open space except by permit issued by the Public Safety Department.

1817.21 That language be deleted and added to Section 16-63 - Advertising

Sec. 16-63. Advertising.

(a) No person shall post, display, affix or attach any sign, poster, placard, notice, banner or advertisement to any tree, building, shelter, fence, pole or other structure except with the written permission of the Director.

(b) No person shall use loudspeakers, sound amplifying equipment, musical equipment or cause any noise to be made for advertising purposes or for the purpose of attracting attention to any exhibition, performance, event, show or other purpose except with the written permission of the Director.

1817.22 That language be added to Section 16-64 - Unlawful sales

Sec. 16-64. Unlawful sales.

No person shall sell, offer for sale, hawk, peddle or lease any object, merchandise or service or carry on any manner of business or commercial enterprises except those concessions authorized by permit by the Department.

1817.23 That language be added to Section 16-65 - Law enforcement officers and city employees

Sec. 16-65. Law enforcement officers and city employees.

(a) No person shall willfully resist, refuse or fail to comply with any order, direction or request lawfully given by any law enforcement officer or Department employee acting under the authority of the city and in accordance with this article.

(b) No person shall interfere with, or in any manner hinder any Department employee or law enforcement officer during the performance of their assigned duties; nor any employee of a contractor or other city Department engaged in construction, repairing or caring for any public site or open space or part thereof, or while in the discharge of duties conferred by this article.

1817.24 That language be deleted from Section 16.66 - Posted regulations, directional signs and graphics

Sec. 16-66. Posted regulations, directional signs and graphics.

No person shall disregard or fail to comply with any posted regulations, directional signs and graphics, barriers or other control devices located within any public, site or open space.

1817.25 That language be deleted and added to Section 16-67 - Traffic rules

Sec. 16-67. Traffic rules.

(a) No person shall drive or operate a motor vehicle within any public site or open space except upon roadways, parking areas, parkways or other areas designated for such use unless a permit has been issued by the Department. Disabled vehicles may be moved off a paved area to allow for the continued flow of traffic but the vehicle must be repaired or removed within two hours, unless other arrangements are made with the Director.

(b) No person shall operate a motor vehicle within any public street, site or open space in violation of posted regulations and directional signs. Minn. Stats. ch. 169, as amended, county or municipal traffic ordinances, or orders or direction of law enforcement officers or Department employees.

(c) No person shall drive or operate a vehicle on or along any roads, drives or parking lots which have been restricted, closed or posted with appropriate signs or barricades. The city council may order roads, drives or parking lots within any public site or open space or any parkway closed during the process of construction, reconstruction, or repair or when weather conditions render travel unsafe or unduly destructive.

(d) No person shall operate a motor vehicle in a careless or reckless manner or without due regard for the safety and rights of pedestrians and drivers and occupants of all other vehicles, so as to endanger the life, limb or property of any other person while in lawful use of a public site or open space.

(e) No person shall park, stop or leave a vehicle in any public site or open space between the hours of 10:00 p.m.

to 6:00 a.m., unless arrangements are made with the Director.

(f) No person shall operate a vehicle in

any public site or open space at a speed in excess of 15 miles per hour or in excess of posted speed limits.

(g) No person shall operate a vehicle in any public site or open space which emits excessive or irritating noise, noxious fumes, dense smoke or other pollutants.

(h) No person shall wash, grease, change oil, service or repair any vehicle in any public site or open space. All disabled vehicles shall quickly be made operational or removed from the public site or open space.

(i) No person shall park a vehicle adjacent to any curb painted yellow in any public site or open space.

(j) Vehicles illegally parked, disabled or abandoned may be towed away and impounded at the owner's expense. The vehicle may be sold if unclaimed after 90 days to pay towing and storage charges.

(k) No person shall drink, consume or have in their possession an open bottle or container of an alcoholic or intoxicating beverage in any motor vehicle when such vehicle is in a public site or open space.

(l) Vehicles shall yield the right-of-way at all times to pedestrians.

(m) No person shall participate in a drag race or test of unreasonable acceleration in any public site or open space.

(n) No person shall cause any taxi, limousine or other vehicle for hire to stand in any public site or open space for the purpose of soliciting or taking in passengers other than those who requested or were carried to the site by said vehicle, unless licensed by the city.

(o) No person shall park or leave a vehicle in the parking lots of Ojibway Park and the Bielenberg Sports Center for more than two consecutive hours between the hours of 7:00 a.m. and 3:00 p.m., Monday through Friday from September 1st through May 31st of each year.

1817.26 That Section 16-68 (a), (b) - Tobacco be added to Chapter 16, Subdivision III - Park Rules

Sec. 16-68. Tobacco.

(a) No person shall use any form of tobacco product within 100 feet of any beach, athletic field or playground contained within any public site or open space.

(b) No tobacco product shall be used by any person upon the grounds of the facilities at Central Park, Ojibway Park or the Bielenberg Sports Center.

1817.27 Effective Date

This ordinance shall become effective upon its passage and publication according to law.

Passed and adopted by the City Council of the City of Woodbury, Washington County, Minnesota this 25th day of March, 2009.

William J. Hargis, Mayor

ATTEST:

Clinton P. Gridley, City Administrator

(Published in the Woodbury Bulletin on Wednesday, April 1, 2009).

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