HomeMy WebLinkAboutAmending Chapter 19 Entitled Public Parks ORDINANCE No. 8112-90
Passed by the Common Council of the City of South Bend,Indiana
August 13, iq 90
t: City y Clerk
IRENE K. GAMMON
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
August 14, 90
City Clerk
IRENE K. GAMMON
Approved and signed by me Auqus t 15 , �9 90
( /<-;JI-t Mayor
SUBSTITUTE BILL NO. : 61-90
ORDINANCE NO. : i i a_q 0
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 3 ,
OF THE MUNICIPAL CODE FOR THE CITY OF SOUTH BEND,
ENTITLED "PUBLIC PARKS"
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend has determined
that it is necessary to prepare and provide for the increased use of
the City park system anticipated as a result of the joint efforts of
the states of Indiana and Michigan to facilitate the passage of
salmon up the St. Joseph River thereby enriching the states' fishery,
which efforts include the construction of fish ladders at Berrien
Springs, Buchanan and Niles, Michigan and at South Bend, and which
efforts are nearing completion. Such preparation shall include
modification of the City' s park ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND that Chapter 19, Article 3 of the Municipal Code
of the City of South Bend shall, and hereby is, amended as follows:
SECTION I. Chapter 19, Article 3, Section 19-36 of the Municipal
Code of the City of South Bend is amended as follows:
Sec. 19-36. Definitions.
Unless otherwise expressly stated, whenever used in this
article, the following terms shall respectively mean and include
each of the meanings set forth:
fiq} (a) Bathing area: "Bathing area" shall mean and
include any area maintained for the use of bathers, including, but
not limited to, water areas and land under water adjacent to the
bathing beaches on Pinhook Park Lane, St. Joseph River, swimming
pools, or any other area maintained or used for bathing areas, under
the jurisdiction of the Board.
fhi} (b) Bicycle path: "Bicycle path" shall mean and
include any path, road or trail maintained for persons riding
bicycles.
fa} (c) Board: The word "Board" shall mean the Board of
Park Commissioners of the City of South Bend, Indiana, or the Public
Recreation Commission of the City of South Bend, Indiana.
+k+ (d) Bridle path: "Bridle path" shall means and
include any path or road maintained for persons riding on horseback.
fb} (e) City: the word "City" shall mean the City of
South Bend, Indiana.
(f) Controlled substance: "Controlled substance" shall
have the same meaning as set forth in I.C. 16-6-8-2, as amended from
time to time.
f } (g) Department of Public Parks or Park Department:
"Department of Public Parks" or "Park Department" shall mean and
include the Department of Pubic Parks of the City of South Bend,
Indiana, or such department of said City as may now or hereafter be
under the jurisdiction of said Board.
f}} (h) Footpath or Trail: "Footpath" or "trail" shall
means and include any path or train maintained for pedestrians.
(i) Owner: "Owner" shall mean and include any person
owning, operating of having the use and control of a vehicle, animal,
thing or other property under a lease or otherwise.
beaches, parking areas and other recreation areas, museums,
zoological and botanical gardens, places, squares, circles, spurs,
open places, boulevards, tree lawn areas, roads, waters and lands
under water, and also entrances and approaches thereto, docks and
piers, channels and bridges in, leading to or connecting such park or
parks or parts thereof, which are under the jurisdiction of the Board
and such other rights and appurtenances as the Board shall utilize
whether the same be now or hereafter owned or acquired by the City in
fee or otherwise, including all land under and space above the
ground.
fe} (k) Park-street: The word "park-street" shall mean
and include all street property in the park for the full width
thereof.
fel} ( 1) Parkway: The word "Parkway" as used herein shall
include only such area as may lie within or between two ( 2) public
streets.
f�} (m) Permit: "Permit" shall mean and include any
written authorization issued by or under the authority of the Board
for a specified park privilege, activity or event, or permitting the
performance of a specified act or acts in any park or park-street.
fh} (n) Person: "Person" shall mean and include any
natural person, corporation, society, organization of persons,
company, association, joint stock association, firm or copartnership.
(o) Playground area: "Playground area" shall mean and
include any area maintained or designated as a playground area
including all territory under the jurisdiction of the Board.
f } (p) Police officer: "Police officer" shall mean and
include any member of the Police Department of the City of South
Bend, or police officer assigned to the Board, or appointed by the
Board, as a park policeman, or any other City employee sworn in as a
peace officer by the said City or said Board, pursuant to law.
fp+ (q) Safety zone: "Safety zone" shall mean and
include any space within any park or park-street so designated by the
appropriate signs as a safety zone.
fel+ (r) Unnecessary stopping: "Unnecessary stopping"
shall mean bringing a vehicle to a complete stop on a road in a park
other than at a parking place, or other than in conformity with
traffic regulations or other then because of an emergency.
(s) Vehicle: "Vehicle" means and includes any device,
conveyance, or combination of conveyance, wheeled or without wheels,
propelled, towed or unpropelled, that in, around, or on which a
person or thing is or may be carried; any moving support or container
for the conveyance of persons, animals, or bulky objects on land or
water or in the air.
SECTION II . Chapter 19, Article 3 , Section 19-42 is amended to
read as follows:
Sec. 19-42. Disorderly conduct.
(a) No person shall, in any park or park-street.
fa} ( 1) Disobey an order of a police officer or any
park employee designated by the Board to give orders, or disobey or
disregard the notices, prohibitions, instructions or directions on
any sign, including the rules and regulations of golf courses,
swimming pools, playground areas, recreation centers, shelter
houses. , museums or zoological or botanical gardens posted on the
grounds or buildings or structures connected with or used for any
purpose under the jurisdiction, control, operation or supervision of
said Board.
fb} ( 2) Use threatening, insulting or abusive
language.
fe} ( 3) Do, engage in, or aid or abet any obscene or
indecent act.
+I} (9) Do any act tending to or amounting to a
breach of the peace.
fj.} ( 10) Use any sound amplification device audible
more than twenty (20) feet from the device without specific written
permission for the Board.
� } (11) Enter or leave any park except at
established entrance ways or exits, at established times; use, or
gain admittance to, or attempt to use, or gain admittance to, any
facilities or event in any park for the use of which, or admittance
to which, a charge is made, without paying the charge of price fixed
by the Board or its duly authorized agent or officer.
+k+ ( 12) Engage in, instigate or encourage a
contention or fight.
+I+ ( 13 ) Do, aid, abet or assist in doing any act
injurious to any person, animal or property within any park or
park-street.
fm} (14) Dress or undress behind shrubs or other
structures, or in any place not designated by the Board for such
purposes.
fn} ( 15) Act as a crier, or advertiser, through the
media of voice, public address system, amplifier, loudspeaker or
other mechanical device, in parks, park-streets or beaches.
fe+ (16) Appear in or upon any park or park-street
while intoxicated or under the influence of intoxicating liquor.
+p+ ( 17) Use of mineral or metal detectors is
prohibited except by permit from the Board of Park Commissioners.
(b) No person shall engage in conduct or activities
dangerous to himself or others, or use the facilities and structures
of the park for purposes other than those for which they were
intended. Such prohibited activities include, but are not limited
to: hang gliding, rappelling from towers, and any other use of
trees, towers, or other structures for technical climbing activities.
SECTION III. Chapter 19, Article 3 , Section 19-44(a) is amended
to read as follows:
Sec. 19-44. Explosives, firearms, weapons and missiles.
(a) No person shall bring into or have in his possession in
any park or park-street any firearm-s-, gun, pistol, switchblade,
hunting knife, dagger, metal knuckles, chain, slingshot-s-, bow and
arrow, firecrackers, torpedoes, fireworks or other missile-propelling
imstrtu ents or explosive-s- devices, ineIudinQ-any-substance;
eempebu d -mixtures;-eempeu ds-er-artieies-hav ng-prepert±es-ef-suek-a
character-that-mine-er-in-eembinatien-er-eentiguity-with-ether
substanees;-m±xtures;-eempeunds-er-artieies-may-prepeI-m±ashes-er
may-deeempese-suddenly-aril-generate-sufficient-beat;-seuril;-gas-er
pressure-er-any-er-ail-ef-these-te-preduee-spiel-f limes;-eembustien
er-nemieus-er-dangereus-eders-er-seurids-sueh-as-te-annoy-any-ether
persons-er-te-irliure-any-person-er-property blowgun, any dangerous
lethal instrument, harmful solid, liquid, aqueous, effervescent,
gaseous substance or other dangerous weapon or substance while on or
within a City park or park-street, except by specific permission of
the Board.
SECTION IV. Chapter 19, Article 3, Section 19-46 is amended to
read as follows:
Sec. 19-46. Camping.
•
(b) All campers and/or visitors shall abide by the camping
rules authorized and restrictions set forth by the Board as required
conditions of the area use.
SECTION V. Chapter 19, Article 3, Section 19-47 is amended to
read as follows:
Sec. 19-47. Park Entrance Fees; -P-permits.
(a) Entrance, vehicle registration, rental and activity
fees for the City Parks shall be as established by the Board, and
shall be levied at those times and for those activities and events as
designated by the Board.
(b) All persons who take part in any specialized activities
for which there is a fee, rental or admission, and all persons using
any park facilities or engaging in any activity in any City park or
park-street, must abide by the posted regulations adopted by the
Board governing those activities and/or facilities. No person shall
be allowed within the confines of those specialized activities or
facilities without having first paid the fee, rental or admission
charge.
(c) A permit to do any act shall authorize the same only
insofar as it may be performed in strict accordance with the written
terms and conditions thereof. Any violation of any law, ordinance, or
rule or regulation of the Board or any other City department by the
holder of any permit of any term or condition thereof shall
constitute grounds for revocation by the Board or its authorized
representative, whose action therein shall be final.
(d) In the case of revocation of any permit, all moneys
paid for or on account thereof shall, at the option of the Board, be
forfeited to and be retained by the City; and the holder of such
permit, together with his agents and employees who violated such
terms and conditions, shall be jointly and severally liable to the
City of South Bend for all damages and loss suffered by it in excess
of money forfeited and retained; but neither such forfeiture and
retention by the City of the whole or any part of such moneys nor the
recovery or collection of such damages or both, shall in any manner
relieve such person or persons from liability to punishment for any
violation of any law, ordinance or rule or regulation of the Board or
of any other City department.
SECTION VI. Chapter 19, Article 3, Section 19-53 is amended to
read as follows:
Sec. 19-53. Boating.
(a) No boat or vessel shall be laid up, stored, repaired
or placed for any other purpose on park land except by permit.
(b) The parking of any boat or trailer is prohibited except
in areas designated and marked for that use.
(c) All boat launching and landing is prohibited except
where posted for that specific activity.
(d) No person shall launch or operate a boat on bodies of
water under the jurisdiction„ operation or supervision of the Board
except by permit.
+15+ (e) No person shall operate a boat propelled by sail
safety of another, or occupants of other boats, except the use of
motorboats on Pinhook Lake is prohibited.
+e} (f) Boating of any kind in a bathing area is
ferbidden prohibited.
SECTION VII. Chapter 19, Article 3, Section 19-54 is amended to
read as follows:
Sec. 19-54. Fishing; protection of fish.
(a) Fishing is prohibited in any waters under the
jurisdiction of the Board, except in sueh those areas as-are and
during those times designated er-maintained as fishing areas by the
Board.
(b) No person shall have in his possession or take or
attempt to take any fish in any such waters, except in such
designated areas ;-er
(c) All anglers shall possess a current State of Indiana
Fishing License in accordance with the laws, rules and regulations of
the Indiana Department of Natural Resources.
(d) No person shall at any time throw missiles at fish-;
or place in any such waters any piscivorous fish, poison or other
substance injurious to fish.
(e) All fish cleaning and disposal of remains is prohibited
except in those facilities designed and designated for such use. The
selling, bartering or donating of any fish or any parts thereof is
prohibited on City park property. .
SECTION VIII. Chapter 19, Article 3 , Section 19-55 is amended to
read as follows:
Sec. 19-55. Bathing.
(a) No person shall bathe, wade or swim in any waters under
the jurisdiction, control, operation or supervision of the Board,
except at such times and in such places as the designated by the
Board may-designate-er-maintain as bathing areas ;-and-exeept-at
bathing-areas;-ne-person-shaii-appear-in-bathing-eestume;-of-ether
than-erdnary-attire.
(b) No person shall bathe, wade or swim, or appear in such
bathing area unless covered with a bathing suit.
(c) No person shall dress or undress in any park except in
such places as may be designated or maintained for such purpose.
(d) The use of rafts, innertubes, air inflated plastic and
other objects intended to support persons, not approved by the United
States Coast Guard or United States Red Cross Water Safety Council,
is prohibited.
(e) No food or beverage containers, wooden or metal objects
or other dangerous substances or things are permitted on the beaches
adjacent to or in swimming areas, except for approved containers
distributed through the designated concessionaire of the Board.
SECTION IX. Chapter 19, Article 3 , Section 19-59 is amended to
•
(a) No person owning or being custodian or having control
of any animal shall cause or permit such animal to go at large in any
park or park-street. A dog or other pet may be brought into a park
or park-street provided that such deg animal is continuously
restrained by a leash, not exceeding six (6) feet in length except
that-ne-deg-w4Ii-be-permitted. No pets, except seeing-eye dogs and
hearing-guide dogs, are allowed in, upon or on buildings, golf
courses, playgrounds or bathing areas, swimming pools, stands,
concert areas, seats, seating areas, sun decks adjacent to swimming
pools, areas where food is purveyed, kept or prepared, on the nordic
ski trails during the winter sports season, or other areas designated
by signs as prohibited areas.
(b) No person having the care of any dog or other animal
shall permit such animal to enter or drink the water of any drinking
fountain or swimming pool in any park except at places designated or
maintained therefor.
(c) Any animal found at large may be seized and impounded
or disposed of pursuant to the laws and ordinances of the State or
City or South Bend in-reiatiert-te concerning the disposal of stray
animals on the highways or other public places.
SECTION X. Chapter 19, Article 3 , Section 19-61 is deleted in
its entirety and reformulated to read as follows:
Sec. 19-61. Alcoholic beverages and controlled substances.
(a) It shall be unlawful for any person, while within any
City park, to:
(1) consume or possess any alcoholic beverage other
than beer or wine;
( 2) consume, or possess an open container of, beer or
wine at any location other than areas designated by the Board as
picnic, dining or concession areas, and then, only with the written
permission of the Board;
( 3) sell, barter, trade or exchange an alcoholic
beverage;
( 4) possess a controlled substance;
( 5) be under the influence of alcohol or a controlled
substance.
(b) It shall be unlawful for any person to possess, or to
be under the influence of, an alcoholic beverage or controlled
substance, while operating, or a passenger in, a canoe, boat,
watercraft, motor vehicle, or snowmobile.
(c) Employees and agents of the Board shall, while in the
performance of their duties, be authorized and empowered to: deny
entrance to any city park; refuse to rent to or to allow the use of
any park property by; and physically remove from any City park, any
person whom such employee, agent or official believes to be under the
influence of alcoholic beverages or controlled substances.
(d) These provisions shall be supplemental and subordinate
to any and all provisions of the State of Indiana relative to
possession, consumption and sale or exchange of alcoholic beverages
and controlled substances, and shall not serve to authorize or allow
any actions relative thereto which are not otherwise prohibited by
the laws of the State of Indiana. In the event of a conflict between
these provisions and those laws of the State of Indiana, the latter
shall, in all instances and particulars, prevail and control.
•
SECTION XI. Chapter 19, Article 3, Section 19-63 is amende to
read as follows:
Sec. 19-63 . Traffic control and speed limitations.
(a) A-rate-e4.-speed-in-excess-e4.-twenty-4.283.- tiies-per
hear-is-prehibited-in-any-park-er-garb-street;-uniess-speeifieaiiy
etherwi se-previded-f er-by-traf f ie-signs-erected-by-duiy-autheri meet
State-er-city-effieiais;-beard-er-eemmissiens: It shall be unlawful
for any person to operate a vehicle in excess of the posted speed
limit. In those areas where no speed limit is posted, it shall be
unlawful to operate a vehicle in excess of twenty ( 20) miles per
hour.
(b) When using parks or park-streets, -A- all persons and
vehicles shall at-aii-times heed and comply with directions of
the any police officer-s-indicated-by-gesture-er-etherwise-in
using-parks-er-park-streets and, unless otherwise directed by a
police officer, shall further comply with directions on traffic signs
along the all routes and trails in-the-parks-and-aieng
park-streets.
(c) ( 1) Upon the Board' s designation of a space for
handicapped parking, a sign shall be installed bearing the words:
"HANDICAPPED PARKING ONLY DISABLED
LICENSE OR PERMIT REQUIRED"
or similar language consistent with the State manual and
specifications for uniform system of traffic control devices, and the
official international wheelchair symbol or a reasonable facsimile
thereof.
(2) Any motor vehicle found parking in areas designated for
the exclusive use of mobility handicapped persons which does not bear
a disabled veteran registration plate, a special registration plate,
or display a handicapped parking permit issued by any State or
municipality shall be fined fifty dollars ( $50.00) . Continuing
violations under this section shall constitute a separate offense and
be punishable by a separate penalty for each infraction.
+e}(d) With respect to areas designated by the Board as
parking areas, all persons and vehicles shall comply with all
directions and/or regulations posted within such areas, including,
but not limited to, those concerning time limitations, use by
mobility handicapped persons, etc. , and with the directions of any
park employee. in-parking-spaces-aii-persons-shaii-eempiy-with-the
directions-ef-a-park-empieyee:
SECTION XII . Chapter 19, Article 3 , Section 19-64 is amended to
read as follows:
Sec. 19-64. Vehicle use -R-restrictions en-vehieies.
(a) The laws of the State of Indiana regulating equipment
on vehicles and vehicle operation shall apply to vehicles within any
City park.
(b) No vehicle shall be operated within a any park under
the jurisdiction, control or supervision of the Board except on
roadways or off road areas expressly designated by the Board for
vehicular traffic.
(c) Metereyeies;-meterbikes;-snewmebiies;-etc-
(d) EemmeEeial-vehleies- Vehicles constructed for or
engaged in the carrying of merchandise and trucks and trailers are
prohibited from using any park, except under permit where necessary
to make deliveries in such park. Wherever service roads adjoin the
main roadway to a park, such vehicles are required to use the service
roads set apart for such use. In all cases such vehicles must enter
such park from the nearest street intersection or entrance, in the
direction of traffic, and leave by the nearest intersecting street or
exit in the direction of traffic.
(e) No vehicle shall enter or leave any park except at
established entranceways or exits, and except at established times.
(f) No vehicle shall be left within park boundaries after
the park has closed. Any vehicle so left on park premises may be
towed from the park without further notice to the owner or operator.
The registered owner shall be responsible for any towing fee
incurred.
SECTION XIII . Chapter 19, Article 3, Section 19-76.
Sec. 19-76. Penalties.
Any-vfelater-ef-any-ef-the-prevfsfeas-ef-this-artfeie-shah
be-punfshabie-by-a-fine-ef-net-mere-than-twenty-five-deiiars
f$25-88};-emeept-that-vfeiaters-ef-seetien-}9-42-shall-be-purlishabie
by-a- taximum-ef-fifty-deiiars-f$58-8A};-and-net-mere-than-eae
the1isand-deliars-f$17888 7807 Any violation of any of the following
sections shall be punishable by a fine of fifty dollars ( $50.00) :
19-40, 19-42, 19-43, 19-46, 19-50, 19-52, and 19-61. Any violation
of any of the following sections"shall 'be punishable by a fine of
twenty-five dollars ($25.00) : 19-45, 19-54, 19-55, 19-59, 19-60,
19-64, 19-68, 19-69, 19-71, and 19-75. Any violation of section
19-41 shall be punishable by a fine of twenty dollars ($20.00) . Any
violation of section 19-72 shall be punishable by a fine of ten
dollars ( $10.00) . Unless otherwise provided in this article, any
violation of any provision of this article shall be punishable by a
minimum fine of twenty-five dollars ($25. 00) and a maximum fine of
two thousand five hundred dollars ( $2,500.00) .
SECTION XIV. This ordinance shall be in full force and effect
upon passage by the Council, approval of the Mayor and proper legal
publication.
<:-Z /a/ �. .cam
MEMBER, COMMON , NCIL
1 st READING 7—A3-- ?O
PUBLIC HEARING g I y-qo
3 rd READING F.--; aj—9O
NOT APPROVED
REFERRED
rouTH ..'\\\I1
i �~ \ d City of South Bend
U ' t � ' '�j Joseph E. Kernan, Mayor
k‘‘\: 1865 *,,,
Department of Public Parks
Karl T. Stevens
Superintendent
July 16, 1990
Mr. Thomas Zakrzewski
President, South Bend Common Council
4th Floor
County-City Building
South Bend, Indiana 46601
Re: Ordinance Amending the City Park Ordinance
Dear Mr. Zakrzewski,
I am enclosing for filing an ordinance amending the City' s
park ordinance, which appears at Chapter 19 of the South Bend,
Municipal Code.
As you are aware, the informal "Salmon Run Committee,"
chaired by South Bend Common Councilperson Sean Coleman, met
throughout 1989 and, last July, submitted a report to the Cities of
South Bend and Mishawaka, to St. Joseph County, and the the park
departments of each entity, proposing, among other things, amendments
to be made to each entity' s park ordinance. The amendments
recommended by the Committee were aimed at ( 1) addressing and
preparing for the increased park usage anticipated as a result to the
Indiana-Michigan fish ladders/salmon fishery program, which is
nearing completion, and ( 2) making the three park ordinances more
uniform.
Your favorable consideration is requested.
nce ely,
Karl Stevens,Irk Superintendent
Sean Coleman, Councilperson
301 S. St. Louis Boulevard • South Bend, Indiana 46617 • 219/284-9401
Administration Operations Cemeteries Potawatomi Zoo Joseph J. Radecki
Robert C. Niczgodski Richard Riddle Randy Nowacki Phil Frost, Director Security
284-9401 284-9414 214 N. Elm 284-9800 284-9401
284-9458