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HomeMy WebLinkAboutProhibiting certain Acts and Activities Regulating Uses in the ParksORDINANCE No. 5544 -73 Passed by the Common Council of the City of South Bend, Indiana. IRENE K. GAMMON presented by me to the Mayor of the City of South Bend, TTT.v 10. 19--j-3— •� .y u• �Paw/! Clerk of Common Council e /�""'"""`°'t� City Clerk IRENE K. GAMMON ORDINANTCE NO. 55 �/ t/- 73 AN ORDINANCE CONFIRMING A CERTAIN RESOLUTION ADOPTED BY THE BOARD OF PARK COMMISSIONERS AND THE PUBLIC RECREATION COMMISSION FOR THE CITY OF SOUTH BEND, INDIANA, DEFINING THE CONSTRUCTION AND SCOPE, PHOHIBITING CERTAIN ACTS AND ACTIVITIES, REGULATING USES IN THE PARKS, REGULATING AND RESTRICTING VEHICULAR TRAFFIC, PROTECTING PLANTS AND SHRUBS, PROVIDING FOR PENALTIES, REPEALING ALL ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by resolution duly adopted, the Board of Park Commissioners and the Public Recreation Commission of the City of South Bend, Indiana, prohibited certain acts and conduct within the property of the City of South Bend under the jurisdiction of said Board of Park Commissioners and the Public Recreation Com- mission. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. Chapter 4 of the Municipal Code of the City of South Bend, Indiana is hereby amended, by adding an additional article thereto to read as follows: ARTICLE 8. PUBLIC PARKS. Sec. 4-42. Definitions. Unless otherwise expressly stated, whenever used in this Ordinance the following terms shall respectively mean and include each of the meanings set forth: (a) "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. (b) "CITY ": The word CITY, shall mean the City of South Bend, Indiana. (c) "PARK ": The term PARK, unless specifically limited, shall be deemed to in- clude all parks, parkways, playgrounds, athletic fields, tennis courts, golf courses, swimming pools, beaches, parking areas, and other recreation areas, museums, zoo- logical and botanical gardens, places, squares, circles, spurs, open places, boule- vards, 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, in- cluding all land under and space above the ground. (d) "PARKWAY" as used herein shall include only such area as may lie within or between two public streets. (e) "PARK- STREET ": The word PARK - STREET shall mean and include all street proper- ty in the park for the full width thereof. (f) "RULES AND REGULATIONS: RULES and REGULATIONiS, shall mean and include any rule or regulation of the Board. (g) "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. (h) "PERSON ": PERSON shall mean and include any natural person, corporation, society, organization of persons, company, association, joint stock association, firm or copartnership. (i) "OWNER ": OWNER shall mean and include any person owning, operating or having the use or control of a vehicle, animal, thing, or other property under a lease or otherwise. (j) "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 of said Board, pursuant to law. (k) 'BRIDLE PATH ": BRIDLE PATH shall mean and include any path or road main- tained for persons riding on horseback. (1) "FOOT PATH" or "TRAIL ": FOOT PATH or TRAIL shall mean and include any path or trail maintained for pedestrians. (m) 'BICYCLE PATH ": BICYCLE PATH shall mean and include any path, road, or trail maintained for persons riding bicycles. (n) 'BATHING AREA ": BATHING AREA shall mean and include any area maintained for the use of bathers, including, but not limited to water area and land under water adjacent to the bathing beaches on Pinhook Park Lake, Saint Joseph River, swimming pools, or any other area maintained or used for bathing areas, under the juris- diction of the Board. (o) "PLAYGROUND AREA ": PLAYGROUND AREA shall mean and include any area maintained or designated as a playground and including all territory under the jurisdiction .of the Board. (p) "SAFETY ZONE ": SAFETY ZONE shall mean and include any space within any park or park- street so designated by appropriate signs as a safety zone. (q) "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 than because of an emergency. (r) "DEPARTMENT OF PUBLIC PARKS" or "PARK DEPARTMENT": DEPARTMENT OF PUBLIC PARKS or PARK DEPARTMENT shall mean and include the Department of Public 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. Sec. 4-43. Construction and Scope of Ordinance. (a) Construction: In the interpretation of this Ordinance affecting parks, its provisions shall be construed as follows: (1) Any term in the singular shall include the plural; (2) Any term in the masculine shall include the feminine and neuter; (3) Any requirement or provisions of this Ordinance relating to any act shall respectively extend to and include the causing, procuring, aiding or abetting, directly or indirectly, of such act; or the permitting or the allowing of any minor in the custody of any persons, doing any act proj,ribited by any provision hereof; (4) No provision hereof shall make unlawful ariy act necessarily performed by any officers or employee of the Department of Public Parks in line of duty or work as such, or by any person, his agents or employees, in the proper and necessary ex- ecution of the terms of any agreement with the Board; (5) Any act otherwise pro- hibited by this Ordinance, provided it is not otherwise prohibited by this Ordinance, provided it is not otherwise prohibited by law or local ordinance, shall be lawful if performed under, by virtue of, and strictly in compliance with, the provisions of a permit and to the extent authorized thereby; (6) This ordinance is in addi- tion to and supplemental to all municipal state and federal laws and ordinances. (b) Territorial Scope: This Ordinance shall be effective within and upon all areas under the jurisdiction of the Board, and shall regulate the use thereof by all persons. 2. Sec. 4-44. Property, Drives, Bridges and Equipment. No person shall injure, deface, displace, remove, fill in, raise, destroy or tamper with any drive, path, walk, bridge or approach thereto; take up, remove or carry away any asphalt, curb, flagstone, rock, stone, gravel, sand, clay or earth; or make any excavation of any kind, name, or nature; or harvest, cut, injure, or remove, or injure, mutilate, deface, displace, remove or destroy any wall, fence, shelter, seat, statue, monument or other structure, building, post, railing, bench, seat - platform, stand, tree guard, telephone, pipe or main for conducting gas, water, or wires, fuses, fuse box or switch boxes, or any hydrant, sewer, drain, pipe, main, receiving basin, covering, manholes or vent forming a part thereof, or any appurte- nance or appendage conforming therewith; or injure or deface or destroy or mutilate, or remove, or carry away, or displace, or tamper with any property or equipment, real or personal, owned by the City or under the jurisdiction, control, or super- vision, of the Board, or appertaining to the creation, control, government, use, or maintenance, of any park or park - street; or injure, deface, displace, remove or destroy any sign, notice, inscription, post or monument, erected or marked for any purpose, or any milestone, danger sign or signal, guide sign or post, or any signalling device, sanctioned, installed or placed by the said Board or by the Police Department of the City of South Bend within any park or upon any park - street for the purpose of directing, restricting or regulating traffic, establishing zones or giving information or directions to the public, or interfere with any lamp, lamp post, gas or electric light apparatus, or light or extinguish the light therein, or attach, string, adjust, or suspend any wires or similar object in, on or over any part of any park or park- street. Sec. 4 -45. 'Trees, Shrubs and Grass. No person shall in any park or park- street destroy, cut, break, deface, mutilate, injure, disturb, sever from the ground or remove any growing thing including but not limited to any plant, flower, flower bed, shrub, tree, growth or any branch, stem, fruit or leaf thereof; or bring into or have in his possession in any park or park - street, any garden or agricultural implements or tools which could be used for the removal thereof; or pile or maintain any material or debris of any kind against or upon the same; or attach any rope, cable or other contrivance thereto; or to set fire to any timber, tree, shrubs, plants, flowers, grass or plant growth, or suffer any fire upon other land to extend into park land; or hitch any horse or other animal to, or leave the same standing near enough to injure any tree, shrub, lawn or grass plot; or go upon any lawn, grass plot or planted area, except at such times when permission to do so shall have been given by the Hoard to the public. No person shall bring into or have in his possession in any park or park- street any tree, shrub or other plant, or any branch, stem, flower, or leaf thereof without permission from The Board. Sec. 4 -46. Tittering, Rubbish, Refuse and Pollution. (a) No person shall take into, carry through, leave in, or throw, cast, lay, drop or discharge into or on, or suffer or permit any servant, agent, employee, person or animal in his or her charge to take into, carry through, leave in, throw, cast, lay drop or discharge into or on any park or park street any rubbish of any sort includeing but not limited to ashes, dross, cinders, shells, fruit skins, paste- board, dirt, sand, oil, grease, clay, loam, stone or building rubbish, hay, straw, oats, sawdust, shavings or manufacturing, trade or household waste, vehicles or parts thereof as junk, old iron or other metal or objects made therefrom; or sick, diseased or dead animals, organic -refuse, or other offensive matter, including swill, brine. The leaving except in receptacles provided for refuse, or the leaving or littering of newspapers, or other papers, in a park is prohibited. No person shall throw, cast, lay or deposit any bottle or piece of crockery or any glass or glassware or any part thereof, or metallic or other substance with sharp edges or projections in any park. (b) Spitting Prohibited. No person shall in any park or park street, spit upon any walk, crossing, saf ety zone, structure bridge, platform, stairway or floor of any building. 3. (c) Pollution of waters. No person shall throw, cast, lay, drop or discharge into or leave in the waters used for bathing or waters in any park or in any storm sewer, or drain flowing into said waters, any substance, matter or thing, liquid or solid, which may or shall result in the pollution of said waters. (d) Drains and Sewers. No person shall discharge directly or indirectly, into any opening, or into any gutter leading into any sewer, receiving basin, or drain, in or leading into any park or park - street, any gas or vapor, or any substance which may form a deposit tending to choke same, or any volatile liquid which will emit an inflammable vapor, or any steam or hot water above one hundred degrees, Fahrenheit. Sec. 4 -47. Advertising. No person, without written permission from the Board, shall distribute or dis- play any flag, banner, sign or other matter for advertising purposes within any park or park - street. No person shall display, by means of aircraft, kite, balloon, aerial bomb or any other device, any flag, banner, sign or any other matter for advertising purposes above the surface of any park or park - street. No person shall operate any musical instrument, or drum, or loud speaker, amplifier, or siren, or cause any noise to be made within any park or upon any park- street for advertising purposes or for the purpose of attracting to any exhibition, performance show or other spectacle. Sec. 4 -48. Disorderly Conduct. No person shall, in any park or park - street: (a) 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 park sign, including rules and regulations of golf courses, swimming pools, playground areas, Recreation Centers, shelterhouses, museums or zoo- logical or botanical gardens posted on the grounds or buildings or structures connected with or used for any purpose under jurisdiction, control, operation or supervision of said Board. (b) Use threatening, abusive or insulting language. (c) Do, engage in, or aid, or abet any obscene or indecent act. (d) Throw, cast or propel stones or other missiles. (e) Solicit alms, subscriptions or contributions for any purpose. (f) Molest or annoy any persons. (g) Interfere with, encumber, obstruct or -render dangerous, any part of a park or park street. (h) Climb or lie upon any wall, fence, shelter, seat or other structure. (i) Do any act tending to or amounting to a breach of peace. (j) 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 or price fixed by the Board or its duly authorized agent or officer. (k) Engage in, instigate, or encourage a contention or fight. (1) Do, aid, abet or assist in doing any act injurious to any person, animal or property within any park or park- street. 4. (m) Dress or undress behind shrubs or other structures, or in any place not designated by the Board for such purposes. (n) Act as crier, or advertiser, through the media of voice, public address system, amplifier, loud speaker, or other mechanical device, in parks, park- streets or beaches. (o) Appear in or upon any park or park - street while intoxicated or under the influence of intoxicating liquor. (p) Use mineral or metal detectors. Sec. 4 -49. Gambling. No person shall play games of chance, sell fortunes or futures, participate in the conduct of a lottery or use any slot machine, gaming table or instrument or bring into any park or have in his possession while there any implements or devices commonly used, or intended to be used, for gambling purposes. Sec. 4 -50. Explosives, Firearms, Weapons, and `;issiles. (a) No person shall bring into or have in his possession in any park or park - street any firearms, slingshots, firecrackers, torpedoes, fire -works or other missile propelling instruments or explosives, including any substance, compound, mixture or article having properties of such a character that alone or in combination or contiguity with other substances, mixtures, compounds or articles may propel: missiles or may decompose suddenly and generate sufficient heat, sound, gas or pressure or any or all of these to produce rapid flames, combustion or noxious or dangerous odors or sounds such as to annoy any other person or to injure any person or property. (b) Shooting or propulsion of any missile, pellet, shot, arrow, dart, or other thing by means of any firearm compressed air or gas propulsion device, bow, sling- shot, or propelling device of any kind, nature or descrip ion, into, upon, across, through or against, any lands, the air above same or the waters or the lands below same or any ways, walks, buildings, structures, swimming pools, or the intericre of any structures, shelters, buildings, or facilities, owned or under the control, operation, supervision or management of said Board, is prohibited, unless done under a permit granted by said Board or urithin a regularly conducted event authorized by, or conducted by said Board or the Superintendent of Parks and /or Recreation of the said Department of Public Parks of said City of South Bend, Indiana. Sec. 4 -51. Aviation. No person, without permission of the Board, shall voluntarily bring, ]and or cause to descent or alight within or upon any park, any airplane, flying machine, balloon, parachute or other apparatus for aviation. Voluntarily, in this connection shall mean anything other than a forced landing. Any landing other than one caused by mechanical or structural failure of the aircraft or any of its parts shall be deemed to have been made voluntarily, and this shall include landings by error or oversight, negligence, or failure to include landings by error or oversight, negligence, or failure to comply with any Civil Aeronautics Authority regulations or rulings. Sec. 4 -52. Camping. No person shall tent or maintain a tent, shelter or camp in any park without a permit from said Board or its duly authorized officers. Sec. 4 -53. Permits. A permit to do any act shall authorize the same only insofar as it may be per- formed in strict accordance with the written terms and conditions thereof. Any violation of any law, ordinance, or rule or regulation of the Board or of 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 by its authorized representative, whose action therein shall be final. In case of revocation of any permit, all monies paid for or on account thereof shall, at the option of the Board, be for- feited to and be retained by the City, and the holder of such permit, together with 5• 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 so forfeited and retained; but neither such forfeiture and retention by the City of the whole or any part of such monies nor the recovery or collection of such damages or both, shall in any mamner 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. Sec. 4-54. Meetings, Exhibitions, Parades, Racing, etc. (a) Ko person shall erect any structure, stand or platform, or exhibit any dramatic performance, or the performance in whole or in part of any interlude, tragedy, comedy, opera, ballet, play, farce, minstrelsy, dancing, rock festival, musical concert, entertainment, motion picture, public fair, circus, juggling, rope - walking, or any other acrobatics, or show of any kind or nature, or parade, drill or maneuver of any kind, or run or race any horse, or other animal or being in or on or to a vehicle, or race with another vehicle or horse whether such race be founded on any stake, bet or otherwise, or hold any athletic contest, in any park or upon any park- street except by permit. (b) The Board may, in its discretion, issue such permit, upon application, when it is consistent with the proper use and protection of the park property under its jurisdiction; and refuse same when inconsistent with proper use and protection of the park property undo its jurisdiction; and refuse same when inconsistent vrith proper use and protection of park property. (c) No person shall erect any structure, stand or platform, hold any meeting, perform any ceremony, make a speech, address or oration, or exhibit or distribute any sign, placard, notice, declaration or appeal of any kind or description, in any park or upon any park - street except by permit of said Board. (d) Upon application such permit shall be issued unless (a) The use for which the permit is sought is of a commercial nature, or, (b) The location selected is not suitable because it is inconsistent with one of the specialized :park use areas such as skating rinks, ball diamonds, camping areas, athletic fields, landscaped areas, or limited use areas, swimming pools, recreational areas, or, (c) The date and time requested has previously been allocated by permit, or would obstruct and interfere substantially with park use and enjoyment by the public; provided, however, that no permit shall be issued for any unlawful purpose or for any person or persons, group or organization which is subversive or disloyal to the United States, or who might incite a riot, or who are engaged in activities calculated to provoke racial or religious discrimination prejudices. (e) ':vhenever a permit is denied. by reason of (a), (b), or (c) above, (exclusive of the proviso clause), alternative suitable locations and dates shall be offered to the applicant. Sec. 4 -55. Picnics and Outings. All persons conducting organized picnics or outings shall obtain permits for the use of said park facilities in the parks designated for such purposes. Sec. 4-56. Peddling, Sales, Photographs; etc. No person shall in any park or park - street or to any person in any park, exhibit, sell, or offer for sale, hire, lease or let out any object or merchandise, or any thing whatsoever, whether corporeal, or incorporeal, tickets for entertainments or other affairs of any description included, except under a permit, or for advertising or commercial purposes, take moving pictures or photographs within the limits of any park, or buy or sell or publish the negatives thereof or the prints therefrom or exhibit such negative or prints in public, or use pictures or photographs of any park, pail__strreet or park structure, perform any personal service for hire in any park or park - street, except under a permit, or otherwise than in accordance with the terms of such permit. Possession of objects or merchandise in quantities, 6. packages, or containers customarily associated with peddling shall be deemed to be prima facie evidence of exhibiting or offering for sale. Nothing contained here- in shall forbid or prevent said Board in its discretion, granting concession con- tracts and privileges to any concessionaire or permittee on such terms and conditi- ons as the Board may determine. Sec. 4 -57. Protection of Animals. No person shall within any park molest, kill, wound, trap, hunt, take, chase, shoot, or throw missiles at, remove, or have in his possession any feral animal, reptile, bird, bird's nest or squirrel's nest, or remove the young of any such animal or the eggs or young of any such reptile or bird; or knowingly buy, receive, have in his possession, sell or give away any such animal, reptile, bird or egg so killed or taken. Sec. 4 -58. Fires, Lighted Cigars, etc. No person shall kindle, build, maintain or use a fire except in fireplaces pro- vided for the purpose or under special permit. Any fire shall be continuously under the care and direction of a competent person over twenty -one years of age from the time it is kindled until it is extinguished, and no fire shall be built within ten feet of any tree or building, or beneath the branches of any trees or in any underbrush. No person shall throw away or discard any lighted match, cigar or cigarette in any park or park - street. Sec. 4 -59. 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) INTO person shall operate a boat propelled by sail or steam, naptha, gasoline, oil, alcohol, electricity, motor, or engine, or row or paddle, a row boat, canoe, or raft, in, on or upon any waters under the jurisdiction, operation or supervision of the Board, unless able to control or handle the same with safety to himself or other occupants thereof, or otherwise than in a careful and prudent manner and at a rate of speed so as not to molest, annoy, disturb or endanger the life, limb, property or reasonable comfort or safety of another, or occupants of other boats, except, the use of motor boats on Pinhook Lake is prohibited. (c) Boating of any kind in a bathing area is forbidden. Sec. 4 -60. Fishing. Fishing is prohibited in any waters under the jurisdiction of the Board except in such areas as are designated or maintained as fishing areas. No person shall have in his possession or take or attempt to take any fish in any such waters ex- cept in such designated areas; or at any time throw missiles at any fish; or place in such waters any piscivorous fish, poison, or other substance injurious to fish. Sec. 4_61. Bathing. 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 Board may designate or maintain as bathing areas; and, except at bathing areas, no person shall appear in bathing costume or other than ordinary attire. No person shall bathe, wade or swim, or appear, in any such bathing area unless covered with a bathing suit. No person shall dress or undress in any park except in such places as may be designated or maintained for the purpose. Sec. 4 -62. Sub - Surface Aquatic Activities. No person shall participate in any sub - surface aquatic activity requiring the use of masks, artificial breathing apparatus, etc. (as in skin diving and scuba diving) in any water under the jurisdiction, control, operation or supervision of the Board except by permit. 7. Sec. 4_63. Toy Aviation, Kite Flying, Model Boating, Automobiling, and Flying. No person shall, in any park, engage in toy aviation, model boating, or model automobiling or model airplane flying, except at places designated or maintained therefore. Sec. 4 -64. Games. No person shall in any park or park street throw, cast, catch, kick or strike any baseball, swing or make use of any golf club, play golf, hit or putt golf balls, tennis ball, football, basketball, croquet ball, or other object, or engage in any sport, game or competition, except in places designated or maintained therefore. Sec. 4 -65. Animals at Large. 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 may be brought into a park or park street provided that such dog is continuously restrained by a leash not exceeding six (6) feet in length, except that no dog will be per- mitted 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, or other areas designated by signs as prohibited areas. Any animal found at large may be seized and impounded or disposed of pursuant to the laws or ordinances of the State or City of South Bend, in relation to the disposal of stray animals on the highways or other public places. 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 therefore. Sec. 4 -66. Horses.` No person shall use, ride or drive a horse in any park unless authorized to do so by the Board. Sec. 4 -67. Alcoholic Beverages and Dangerous Drugs. No person shall bring dangerous drugs, beer, ale, or other alcoholic beverages into any park, or consume, have in possession, sell, give away or handle dangerous drugs or intoxicating or alcoholic beverages in any park or park - street except on written permission from the Board of Park Commissioners. Sec. 4 -68. Construction Work. No person or agency shall perform construction work of any kind or work incidental thereto in any park without a permit or under a contract with the Board. Sec. 4_69. Traffic Control. (a) A rate of speed in excess of twenty miles per hour is prohibited in any park or park - street, unless specifically otherwise provided for by traffic signs erected by duly authorized state or city officials, boards or commissions. (b) All persons shall at all times heed and comply with directions of the police officers indicated by gesture or otherwise in using parks or park- streets and shall further comply with the directions on traffic signs along the routes in the parks and along park- streets. Directions on such traffic signs may be disregarded only on an order of a police officer. In parking spaces all persons shall comply with the directions of a park employee. Sec. 4 -70. Restrictions on Vehicles. (a) Commercial Vehicles. Vehicles constructed or adapted 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. 8. (b) Motorcycles, motor bikes, mini-bikes, snowmobiles or any other motor powered bike or vehicles are prohibited in any area under the control of the Board, except areas that have been designated by the Board for such use. (c) Carriers of Offensive Refuse or Heavy Materials. No garbage, ashes, manure, or other offensive material shall be carried through any park. When such refuse is to be removed from premises fronting on any park or park- street, the vehicle collecting the same must leave the park or park- street as soon as the collection has been accomplished. Sec. 4 -71. Careful Driving. No person shall in any park operate, drive or propel, or cause or permit to be operated, driven or propelled, any vehicle recklessly or negligently or at a speed or in such a manner as to endanger the life, limb, safety, comfort or property of any person or persons. Sec. 4 -72. Restricted Areas. (a) No person shall in any park, drive or operate a vehicle within or upon a safety zone, walk, or any part of any park designated or customarily used for such purposes. No person shall ride a bicycle or motor powered cycle in any park, ex- cept in places designated for such riding; but persons may push such machines in single file to and from such places. No person may park any vehicle on the south side of Wall Street where it is extended through Potawatomi Park or on the north side of said Wall Street from the shelterhouse entrance east to the first alley west of Ironwood Drive; or on the north side of Riverside Drive west from Michigan Street to Lafayette Blvd. through Leeper Park; or on either the east or west side of the north -south drive through Kennedy Park, which is an extension of Bendix Drive or Eclipse Place, from l'Testmore Street south to the park drive extension of Longley Avenue; or on the north side of the park drive in Kennedy Park which is an extension of Longley Avenue. The boat ramp parking area at Veterans' Memorial Park shall have one way traffic from west to east and no person may park along the south side of lot and the entire boat ramp parking lot is restricted to automobiles with boat trailers attached. (b) Sledding, Skiing and Skating in Designated Areas Only. No person shall sled ride, ski, or ice skate within the park except in areas designated for such purpose. (c) The parking of vehicles in any park area not designated for parking is pro- hibited. Sec. 4 -73. Driving Instructions. Instructions in operating automobiles or motorcycles, is prohibited in parks and park - streets at all times except by permit of the Board. No person, who may not lawfully operate a vehicle within the State or City of South Bend, shall drive or operate a vehicle within any nark or park- street. Sec. 4 -74. Obstructing Traffic. No person shall cause or permit any vehicle to obstruct traffic in any park or park - street, or to stop such vehicle except at thoseplaces specifically designated or maintained for the purpose of stopping or parking, except in cases of emergency. Sec. 4 -75. Parking at Night. No person shall, between 2 o'clock a.m. and 6 o'clock a.m., park a vehicle in, or along any park or park - street, except at places designated or maintained there- fore.' Sec. 4 -76. _'owing and Projecting Articles. (a) No person shall cause or permit a vehicle to be towed by another vehicle in any park, except that, in case of breakdown a disabled vehicle may be towed to the nearest exit. 9. (b) No person shall operate or drive in any park a vehicle containing any person or object projecting or hanging outside or on the top thereof; except that outdoor sports and recreation equipment such as fishing rods, skis and boats, beach chairs, beach umbrellas, tent poles, and sleds may be carried on the rear of such vehicles or on a rack designed for the purpose and attached to the top thereof; PROVIDED, that in all cases fastenings shall be secure and substantial, and, PROVIDED, that such equipment so carried shall in no case project more than 12 inches above the top, or either side, or the front, of such vehicle, and if same projects to the rear of such vehicle, same shall not obscure the tail or stop lights or directional signals thereon, and a plainly visible red cloth shall be securely fastened to the rear extremity of such projecting objects. Sec. 4 -77. Driving Off Pavement. No vehicle shall be operated or driven off the improved or paved roadways of any park. Disabled vehicles may be driven off the roadway so as to prevent obstruction of traffic, but no disabled vehicle shall be permitted to remain in a park for a longer period than two hours. Sec. 4 -78. Working on Vehicles. No person shall in any park, clean, polish, grease, lubricate, or make repairs to any vehicle except those of a minor nature and then only in cases of emergency. Sec. 4-79. Equipment of Vehicles. No person shall drive or operate a vehicle in any park not equipped as provided by law or which may not lawfully be operated within the state; use of any ;1cut- out"9 fitting, apparatus or device which allows its exhaust gases to escape there- from without first passing through a muffler or silencer, or driving a vehicle emitting offensive quantities or smoke, oil, gas or disagreeable odors; or use any gong, siren, or whistle on any vehicle not operated by a public authority, is pro- hibited. Sec. 4_80. Parkways. (a) No peddler, vendor, hawker or huckster shall stop or remain on any part of the right -of -way or service roads or entrances. (b) Turning. U Turns are prohibited except when specifically allowed by an officer or by a traffic direction sign. (c) Rate of Speed: No person operating, driving or propelling any vehicle shall proceed at a greater than maximum speed indicated by signs; but in no case shall such maximum speed exceed twenty miles per hour. Sec. 4_81. Curfew. It shall be unlawful for any person to remain in any park, golf course, playground, Picnic, swimming area or pavilion either on foot or in vehicles of any type later than 12:00 p.m. local time on weekdays or 1:00 a.m. local time on weekends except by permit. Sec. 4_82. Penalties. Any violation of any of the provisions of this Ordinance shall be punishable by not more than thirty days imprisonment, or by a fine of not more than Three Hundred Dollars, or by both. Sec. 4_83. Repeal of Conflicting Ordinances. All ordinances, or parts thereof, heretofore adopted affecting the parks, park - streets and public places of the City of South Bend, under the jurisdiction of the Board of Park Commissioners, inconsistent with or in conflict with the provisions of this Ordinance, insofar as same are inconsistent with or in conflict with this Ordinance, are repealed, but insofar as practicable and possible, the provisions hereof shall be deemed supplemental to existing ordinances not in conflict herewith. 10. Sec. 4_84, Severability and Savings Clause. Each article, section, clause and part of this Ordinance shall be deemed severable from all others and if any provision of this Ordinance is held invalid, such invali- dity shall not affect the validity of any other provision, part or portion of this Ordinance, but the remaining portions shall remain in full force and effect. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council of the City of South Bend, its signing by the President of the Common Council and its approval by the Mayor of the City of South Bend, Indiana, and its publication as required by law. Member of kfi/Common Council FILED IN CLERKS OFFICE 1st READING G - a -2 - 7,3 JUN 2 01973 PUBLIC HEARING -7- 9- 2,y 2nd READING NOT APPROVED 7 - 11' Irene Gammon REFERRED CITY CLERK, SOUTH DEND;, IND, PASSED _ C?- 7 3 fdmnttttftim" pnr# 110 the Townwn Tounril of #hr (ft of Punt# ?knd Your Committee of the Whole to whom was referred AN ORDINANCE CONFIRMING A CERTAIN RESOLUTION ADOPTED BY THE BOARD OF PARK COMMISSIONERS AND THE PUBLIC RECREATION COMMISSION FOR THE CITY OF SOUTH BEND, INDIANA, DEFINING THE CONSTRUCTION AND SCOPE, PROHIBITING CERTAIN ACTS AND ACTIVITIES, REGULATING USES IN THE PARKS, REGULATING AND RESTRICTING VEHICULAR TRAFFIC, PRO- TECTING PLANTS AND SHRUBS, PROVIDING FOR PENALTIES, REPEALING ALL ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. Respectfully report that they have examined the matter and that in their opinion the Ordinance should go to the Council as favorable. Odell Newburn Chairman .... •.... .............