City of Beavercreek Code of Ordinances - Title IX, Chapter 95: Parks and Recreation

ENFORCEMENT OFFICER. A city employee who is part of the Parks Department and whose duties include enforcement of ordinances of the city relating to public parks. ENFORCEMENT OFFICER shall also mean every police officer of the city.

FISH or FISHING. Taking or attempting to take fish by any method, and all other acts as placing, setting, drawing or using any device commonly used to take fish whether resulting in such taking or not.

MOTOR VEHICLE. Any vehicle propelled or drawn by power other than muscular power (excluding models and toys that are regulated under this section.

MOTORBOAT. Any watercraft propelled by any mechanical device, electric motor, or internal combustion engine (excluding models or toys that are regulated under ' 95.30).

PARK WATER. Any lake, pond, reservoir, stream, channel, lagoon, or other body of water, or any part thereof, whether natural or artificial location in or adjoining a park.

PARK. Any land or water area owned, leased or otherwise controlled by the city and managed by or through the Department; including bikeways, greenways, linear parks, transportation corridors, and staging areas.

PERSON. Any individual, company, partnership, corporation, association, any combination of individuals, or any employee or agent or officer thereof.

VEHICLE. Everything on wheels (excluding models and toys that are regulated under ' 95.30).

WATERCRAFT. Any vessel designed for navigation on water including, but not limited to, any rowboat, sailboat or motorboat (excluding models or toys that are regulated under ' 95.30).

(Admin. Code, ' 171.01; Ord. 92‑39, passed 11‑23‑92)

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' 95.02 PARKS, RECREATION AND CULTURE MASTER PLAN ADOPTED.

(A) Pursuant to the provisions of R.C. ' 731.231, the Parks, Recreation and Culture Master Plan, dated September 15, 1992, and attached to Resolution 92‑28 as Exhibit AA,@ is hereby adopted by reference and made a part hereof as if set out in full herein, and shall be applicable within the corporate limits of the city.

(B) Complete copies of the plan adopted above in this section shall be on file with the Clerk of Council for inspection by the public and shall also be on file in the Law Library of Greene County, Ohio and the Clerk of Council shall have copies available for distribution to the public at cost.

(Res. 92‑28, passed 10‑26‑92; Am. Res. 93‑15, passed 10‑26‑92)

USE OF PARKS

' 95.15 REMOVAL OR DESTRUCTION OF PROPERTY AND NATURAL FEATURES.

(A) No person shall remove from a park (without a permit from the Director) any property that is owned, leased or otherwise controlled by the city.

(B) No person (without permission from an employee in the Park Department) shall move any property owned by the city from one location within a park to another location in that or in any other park.

(C) No person in a park shall write upon, cut, mutilate, deface, or damage in any manner any building, equipment or other property or part thereof that is owned, leased or otherwise controlled by the city.

(D) No person in a park shall dig, move or carry away any rock, stone, sod, sand, earth, tree, wood, shrub, plant, flower, nut or other seed except with a permit from the Director.

(E) No person in a park shall trample upon, injure, destroy, break, cut, chop or deface in any manner any stone, tree, shrub, plant or flower.

(F) No person in a park shall install or plant any materials except with a permit from the Director.

(G) No person in a park shall walk, nor shall any such person ride any vehicle, horse or other animal, off any designated hiking or walking trail or designated recreational area except by permission of the Director.

(H) No person, without privilege to do so, shall knowingly move, deface, damage, destroy, or otherwise tamper with any survey marker, park boundary marker, or safety device.

(Admin. Code, ' 171.02; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

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' 95.16 DEPOSIT OF MATERIAL.

(A) No person shall bring in a park and deposit, intentionally or unintentionally, any trash materials, garbage, ashes, or other noxious or waste material.

(B) No person in a park shall deposit or discard, intentionally or unintentionally, any trash materials, garbage, ashes or other noxious or waste materials other than in receptacles provided for the disposal of such materials.

(C) No person shall deposit or discard or cause to be deposited or discarded, intentionally or unintentionally, adjacent to a park any paper, garbage, ashes, refuse or other noxious or waste/hazardous material, or chemical which may blow, wash, or be transported by any other means into a park.

(D) No person in a park shall discharge, throw, drop or cause to flow into the park waters any noxious or deleterious substance, either solid or liquid, which renders park waters harmful or inimical to the public health or to animal life.

(E) No person in a park shall discharge, throw, drop or cause to flow in water adjacent to any park any noxious or deleterious substance, whether solid or liquid, which renders park waters harmful or inimical to the public health or to animal life.

(Admin. Code, ' 171.03; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

' 95.17 PROTECTION OF ANIMALS.

(A) No person in a park shall hunt, trap or in any way abuse, molest, injure, pursue or destroy any animal.

(B) No person in a park shall move, injure or destroy any bird nest or egg or any animal habitation.

(C) No person in a park shall fish in park waters in a manner or at a time prohibited by R.C. Chapter 1533 as now in effect or as hereafter amended.

(D) No person in a park shall fish in park waters without a license from the state if such license is required by R.C. '' 1533.32 through 1533.37, as now in effect or as hereafter amended.

(E) No person in a park shall fish in park waters in violation of any sign or signs prohibiting fishing or a manner thereof.

(F) If a fee is charged by the city for fishing in park waters, no person shall fish in such waters without paying that fee.

(G) No person in a park shall have in his possession an animal of any kind unless the animal is controlled by a lead or bridle or unless the animal is kept in a vehicle or suitably caged.

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(H) No person in a park shall abandon an animal.

(I) No person in a park shall fish with a bow and arrow except in areas designated by the Director and so posted.

(J) No person in a park shall have in his possession or shoot a crossbow.

(K) No person shall herd, graze, drive or permit to run at large within a park, any cattle, horse, mule, donkey, goat, swine, sheep or other animal, any poultry or other fowl.

(L) Any person bringing into a park or having or keeping in a park a dog, cat, or domesticated animal shall keep such dog, cat or animal under control at all times and on a leash not more than eight feet long. No person shall bring into a park or have or keep in a park any dog, cat, household pet, wild animal or any other animal that may be destructive, harmful, or present a threat or be dangerous to any person, bird or wildlife. Only upon written permission of the Director shall a person be permitted to bring into a park or have or keep in a park an unleashed dog, unleashed cat or any other unleashed animal.

(M) No person shall leave behind, or otherwise abandon any domestic animal within or adjacent to any park.

(N) No person shall release any wild or exotic animal within the confines of a park without a specific written permit from the Director or a designated agent thereof.

(O) It shall be the duty of any person who owns, possesses or controls a dog to remove and dispose of any feces or excrement left or created in a park by that person's dog. If any such dog of any such person creates or leaves feces or excrement in a park, then such person shall immediately and promptly remove and dispose of all of such feces or excrement with tool(s), implement(s), or other such device(s) carried by that person for such purpose.

(P) No person who own, possesses or controls a dog shall bring such dog to a park or allow such dog to be in a park without that person having immediately available the means to remove and dispose of any feces or excrement left or created by that person's dog. For the purposes of this section, the means of removal shall be by any tool, implement or other device carried for the purpose of picking up and containing such feces or excrement in a manner that such feces or excrement shall be unexposed to said person, any park user, and the public. For the purposes of this section, disposal shall be accomplished by transporting such feces or excrement to a place suitable and regularly used for the disposal of human feces, specifically designated for the disposal of canine feces, or otherwise designated as appropriate by the Director.

(Q) Divisions (O) and (P) of this section shall not apply to any visually impaired or physically handicapped person who owns, possesses or controls a dog in a park and such dog is a guide dog or a handicapped assistance dog.

(Admin. Code, ' 171.04; Ord. 92‑39, passed 11‑23‑92; Am. Ord. 95‑38, passed 7‑11‑95) Penalty, see ' 95.99

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' 95.18 PERSONAL CONDUCT.

(A) No person in or adjacent to a park shall conduct himself by word or by act in a riotous, disorderly, boisterous, threatening or other manner so as to disturb the peace and good order in a park.

(B) No person in or adjacent to a park shall operate or play a radio, TV, musical instrument, or amplifying or sound equipment so as to disturb the peace and good order.

(C) No person in a park shall solicit or procure participants for, engage in, or promote any game which is played for money or other thing of value.

(D) No person in a park shall use insulting, abusive, threatening, profane or indecent language.

(E) No person in a park shall loiter in the vicinity of a restroom and no person shall enter a restroom facility provided for the exclusive use of the opposite sex.

(F) No person or group of persons shall loiter in or adjacent to any park lands or facilities. No person shall sit upon, stand around, or otherwise loiter within 50 feet of the exterior of any parked vehicle.

(G) No person in a park shall resist, obstruct, or abuse an enforcement officer while such enforcement officer is engaged in the lawful execution of his duties.

(H) No person in a park shall willfully assault or commit bodily injury upon another or engage in or abet or aid in any fight, quarrel, or other disturbance.

(I) No person or groups of persons shall assemble in or adjacent to a park for any unlawful purpose or in a riotous assemblage or with intent to annoy, harass, or inflect property damage or bodily injury upon another person or persons or inflict damage to a park.

(J) No person in a park except a police officer shall have in their possession any firearm, switchblade, hunting knife, dagger, metal knuckles, slingshot, or other dangerous weapons.

(K) No person in a park shall solicit or attempt to solicit another to engage in an act of sex perversion or solicit or request another to commit, perform or engage in any lewd, lascivious, obscene or indecent act or behavior.

(L) No person in a park shall appear in a state of nudity or make any indecent exposure of his or her person.

(M) No person in a park shall sell or offer for sale any intoxicating liquor or alcoholic beverage.

(N) No person in a park shall be intoxicated or be under the influence of any intoxicating liquor or alcoholic beverage.

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(O) No person shall consume, possess or display the presence of any alcoholic beverage in a park, except within a reserved building or area. For the purpose of this section, the term Aalcoholic beverages@ shall mean beer and/or intoxicating liquor as defined in R.C. ' 4301.01. The term AReserved Building or Area@ shall mean a building or area within a park the use of which, pursuant to a permit issued by the Director, has been temporarily reserved by a person or persons to the exclusion of the general public. (See ' 95.28(L) for additional alcohol prohibitions.)

(P) Except as may be permitted by the Ohio Revised Code, no person in a park shall be under the influence, possess, sell or offer for sale any type of narcotic drug, controlled substance, opiate or hallucinate, or any equipment for administering such drugs, opiates or hallucinates. Except as may be permitted by the Ohio Revised Code, no person in a park shall smoke, drink, have injected or inject into himself, or otherwise use any type of narcotic drug, opiate, controlled substance, or hallucinate.

(Q) No person shall bring into a park, display or leave behind any photograph, publication, or apparatus of a lewd, lascivious, obscene, indecent, or pornographic nature.

(R) No person shall pass from any park so as to trespass onto private property. All persons using any park shall exit and enter such park in or at areas designated for ingress and egress.

(S) Rock climbing and repelling is prohibited within the a park other than in areas so designated by the Director.

(T) No person shall leave personal property or possessions, of any kind, description or nature and regardless of ownership, in a park unattended for more than two hours, except upon written permission from the Director.

(Admin. Code, ' 171.05; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

' 95.19 FIRES.

(A) No person in a park shall start or maintain a fire except in a place or at a site designated for such purpose. A person who starts or maintains a fire shall not leave a fire unattended and shall see that it is properly contained and fully extinguished before leaving the park.

(B) No person in a park shall collect wood in the park for any purpose.

(D) No person in a park shall deposit burning material or hot ashes on grass, plants or in refuse receptacles.

(E) No person in a park shall build a fire at a time or period when the Director has prohibited the building of fires.

(Admin. Code, ' 171.06; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

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' 95.20 CAMPING.

(A) No person in a park shall camp in an area or on a site which is not designated for this purpose by the Director and without a written permit from the Director.

(B) No person in a park shall establish or maintain any camp or other temporary lodging or sleeping place within a park without a permit from the Director.

(Admin. Code, ' 171.07; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

' 95.21 FIREARMS AND WEAPONS.

(A) No person in a park except a police officer shall carry on or about his person any firearm of any description, knife, bow and arrow, air or gas gun, missile, slingshot or other missile-throwing device; provided however, that firearms and bows and arrows be carried in areas designated by the Director.

(B) No person except a police officer shall discharge into a park from an area outside the park a firearm, arrow, air or gas gun, missile, slingshot or any other missile-throwing device.

(C) No person in a park except a police officer shall discharge a firearm or shoot an arrow, air or gas gun, missile, slingshot or any missile-throwing device, except to the extent firearms and bow and arrows are used in areas designated by the Director for their use.

(D) Firearms, bow and arrows, knives, air or gas guns, missiles, slingshots or other missile-throwing devices or any snares or traps brought into a park may be confiscated by police officers.

(Admin. Code, ' 171.08; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

' 95.22 COMMERCIAL ACTIVITIES.

(A) No person in a park shall sell or offer for sale any article, privilege, or service unless such sale or offer is pursuant to a contract with the city.

(B) No person in a park shall beg, peddle or solicit for money, a privilege, or service unless such sale or offer is pursuant to a contract with the city.

(Admin. Code, ' 171.09; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

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' 95.23 ERECTING AND ATTACHING SIGNS.

No person in a park shall erect a sign or attach a sign to property owned or controlled by the Parks Department; nor shall any person display any placard, notice, advertisement, circular, banner, or statement of any kind, except in areas designated by the Director, other than a permanent sign on a vehicle.

(Admin. Code, ' 171.10; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

' 95.24 HORSES.

(A) No person in a park shall ride a horse except in areas or on trails designated for this use.

(B) No person in a park shall ride a horse in such manner as to endanger the rider, the horse or any other person or property.

(D) Horseback riders in a park shall at all times yield right-of-way to pedestrians.

(E) No person in a park shall leave a horse unattached or unattended other than for the purposes of stabling at a designated stable.

(F) No person in a park shall override, cruelly mistreat, mutilate or torture a horse.

(G) No person shall ride a horse on any trail or in any park in excess of a speed of 20 miles per hour.

(Admin. Code, ' 171.11; Ord. 92‑39, passed 11‑23‑92)

' 95.25 HOURS OF USE.

(A) No person shall enter a park except during the hours that parks are open and so posted.

(B) No person shall enter a park or remain in a park during the hours a park is closed except with a permit from the Director.

(D) No person shall be permitted to remain within a park between sunset and sunrise, or when a park is either permanently or temporarily closed, except upon special permission of the Director or a designated agent thereof or in the event of an emergency. In the event of such an emergency the person shall use his or her best efforts to notify a law enforcement agency or law enforcement officer of the nature of the emergency and to leave the park at the earliest opportunity.

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(E) The Director or his designated agent, or the City Manager may temporarily close a park or curtail or stop activities within or upon a park, or any portion thereof, when it has been deemed by the City Manager, or the Director or his designated agent, that such closing or curtailment or stopping is in the best interest of the public health, safety, or welfare, or to maintain public order.

(F) Any park, or any portion thereof, may be closed to the public when it has been determined by the city that the park, or any portion thereof, is especially environmentally sensitive and human presence will endanger or harm the especially environmentally sensitive area of the park. Upon such determination, only employees or agents of the city, law enforcement personnel, or emergency personnel carrying out their respective duties shall be permitted in that closed park or area, and no person, other than for which is herein provided, shall be permitted in such closed park or area except upon written permission from the Director. Any park, or portion thereof, closed to the public under the provisions this division may be designated by the city as a nature sanctuary.

(G) No person shall engage in any activity in, on or within any park, bikeway, transportation corridor, or linear park, except those activities approved by the Director. No person shall remain in, on or within any park, bikeway, transportation corridor, or linear park, except during those times, as approved by the Director.

(Admin. Code, ' 171.12; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

' 95.26 BOATING.

(A) No person in a park shall operate a motorboat on any park water except that designated by the Director.

(B) All watercraft and operators shall comply with the requirements of R.C. Chapters 1547 and 1548 as now in effect or as hereafter amended when using any park waters under the jurisdiction of management or control of the Parks Division.

(C) No person in a park, except in an emergency, shall anchor or stop a watercraft, or allow it to drift on park waters, for any purposes, so as to obstruct a passageway or channel ordinarily used by watercraft.

(D) No person in a park under 16 years of age shall operate any watercraft upon park waters unless such person is under the direct visual and audible supervision during such operation of a person over the age of 16 years.

(E) No person in a park shall operate a watercraft on park waters in such a manner as to endanger the operator or any other person or any property.

(Admin. Code, ' 171.13; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

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' 95.27 FIREWORKS AND EXPLOSIVES.

(A) No person in a park shall have in his possession or ignite any fireworks.

(B) No person in a park shall have in his possession or detonate any explosive except with a permit from the Director.

(Admin. Code, ' 171.14; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

' 95.28 TRAFFIC REGULATION.

(A) Compliance with Revised Code. While using any path or road provided for vehicles in a park, all motor vehicles and operators shall comply with the requirements of all sections of the Ohio Revised Code pertaining to motor vehicles and operator as now in effect or as hereafter amended.

(B) Driving in permitted areas. No person in a park shall operate a vehicle except on and within the paths and roads provided for such vehicles.

(C) Reckless operation. No person in a park shall operate a vehicle in such a manner as to endanger the operator or any other person or any property. No person operating a vehicle in a park shall fail to allow pedestrians to first pass and to give the clear, unobstructed right-of-way to pedestrians.

(D) Barricades. No person in a park shall drive around, cause to be moved or damage any barricade or barrier placed so as to temporarily or permanently close a road to traffic.

(E) Speed. Excluding the operation of emergency, police, fire and law enforcement vehicles, no person shall operate any vehicle in a park in excess of 20 miles per hour.

(F) Parking. No person in a park shall park any vehicle except in places designated for this purpose. Any vehicle left within the confines of a park between the hours of closing and opening shall be subject to removal at the owner's expense.

(G) After-hours parking. No person shall leave a vehicle in a park during the hours when a park is closed.

(H) One-way roads. No person in a park shall drive a vehicle on a road or path in a direction other than that indicated by traffic signs.

(I) Trucks. No person in a park shall drive a truck, tractor, or other vehicle which is at that time used for the transportation of goods or materials over any park road without a permit from the Director.

(J) Safety and load limits. No person in a park shall operate a vehicle when such vehicle fails to comply with the equipment and load restrictions contained in R.C. '' 4513.01 through 4513.34, as now in effect or hereafter amended.

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(K) Impounding vehicles. Vehicles in parks that are operated, located or used in any manner in violation of any city ordinance shall be removed or caused to be removed by enforcement officers to a location in or outside of a park, where such vehicles may be kept until the owners or their authorized representatives obtain an order from the Director releasing such vehicles to the owners thereof or their authorized representatives. To obtain release of any such vehicle, the cost of removal and of storage must first be paid by the owner or such representative.

(L) Alcohol. No person in a park shall consume any beer or intoxicating liquor while driving or parked in a motor vehicle. (See ' 95.18 for additional alcohol prohibitions.)

(M) Marking roadways. No person in a park shall intentionally accelerate a motor vehicle causing the rubber tires to mark or deface park roadway surfaces.

(Admin. Code, ' 171.15; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

' 95.29 BIKEWAYS, TRANSPORTATION TRAILS AND LINEAR PARKS.

(A) No person shall engage in any activity that is not approved by the city or by the Director for bikeways, transportation rails and linear parks. Activities approved on a bikeway or transportation trail are restricted to bicycle riding, walking, jogging, hiking, snow skiing, roller skating, and activities of which the Director has granted written approval. Horseback riding is approved only where permitted and where marked and posted by the city. Human powered vehicles shall be operated only for the sole purpose of transportation on any bikeway and transportation trail. No person shall operate a human powered vehicle in a park, or on a bikeway or transportation trail in a manner that is dangerous to themselves or to any other person, or perform stunt maneuvers with such vehicle.

(B) No person shall fail to obey any signs or signals posted or erected on, in or within any bikeway or transportation trail. All persons using a bikeway or transportation trail shall at all times use caution and be alert.

(C) No motorized vehicles are permitted on any bikeway or transportation trail. Use of motorized and non-motorized wheelchairs is permitted on a bikeway or transportation trail only by or for persons requiring such wheelchair to be mobile. Emergency, law enforcement, and city maintenance vehicles are exempted from this rule.

(D) Law enforcement, emergency and maintenance vehicles have the right-of-way on all portions of any bikeway or transportation trail. Users of bikeways or transportation trails shall at all times yield to emergency or law enforcement vehicles or traffic. Blocking safe passage of law enforcement, emergency and maintenance vehicles is prohibited.

(Admin. Code, ' 171.16; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

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' 95.30 POWER MODELS, TOY ENGINE UNITS AND SIRENS.

No person in or adjacent to a park shall operate any engine-powered model or toy airplane, boat, car siren or any noisemaking device except by permit from the Director.

(Admin. Code, ' 171.17; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

' 95.31 SWIMMING AND WADING.

No person in a park shall swim or wade in any park waters except with a permit from the Director.

(Admin. Code, ' 171.19; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

' 95.32 PROHIBITED ACTIVITIES.

(A) No person in a park shall operate an all-terrain vehicle, go-cart, air balloon, hang glider, hover craft, skateboard, roller skates or metal detector without approval by the Director.

(B) No person in a park shall operate a snowmobile or engage in sledding, skiing or ice skating except in areas and at times designated by the Director.

(D) No person shall construct or utilize any blind, stand or observation post within the parks unless with specific written permission from the Director.

(Admin. Code, ' 171.18; Ord. 92‑39, passed 11‑23‑92) Penalty, see ' 95.99

' 95.33 CITY EMPLOYEES AND AGENTS.

(A) Acts of employees of the city, to the extent necessary or appropriate for performance of their authorized duties, shall be exempt from the provisions of the city ordinances relating to parks. The same exemption shall apply to persons acting as agents of the city.

(B) The Director may from time to time designate an employee or employees within the Department of Parks, Recreation and Culture to exercise any authority granted to the Director under this chapter.

(Admin. Code, ' 171.20; Ord. 92‑39, passed 11‑23‑92)

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' 95.34 EJECTION FROM PARK.

(A) Enforcement officers may order any person violating any of the provisions of this chapter to leave a park and no person shall fail to obey such an order.

(B) Any person repeatedly violating rules and regulations may lose the privilege of entering park for a period of time as designated by the Director.

(Admin. Code, ' 171.21; Ord. 92‑39, passed 11‑23‑92)

' 95.99 PENALTY.

Any person who violates any provision of this chapter shall be guilty of a minor misdemeanor and shall be fined not more than $100 for the first offense. For each subsequent violation, whether of the same particular section or not, such person shall be guilty of a misdemeanor of the fourth degree so as to be subject to a fine of not more than $250 or imprisonment for not more than 30 days or both. All funds collected for any violation of any rule or regulation adopted under this chapter shall be paid into the general fund of the city.

(Admin. Code, ' 171.22; Ord. 92‑39, passed 11‑23‑92)