HomeMy WebLinkAbout2019-10-21-Ordinance 2937_Parks, Trails, FishingORDINANCE NO. 2937
AN ORDINANCE REPEALING 207.12 AND ENACTING IN LIEU THEREOF
CHAPTER 207B CONCERNING PARKS AND RECREATIONAL TRAILS.
WHEREAS, the City of Waukee Municipal Code currently codifies its City laws for City
Parks and Trails in Chapter 207.12 of the Waukee Municipal Code; and
WHEREAS, the City has received several requests to allow for fishing on some City
Owned Ponds; and
WHEREAS, the City continues to strive to provide for more recreational activities to its
residents; and
WHEREAS, the City believes it is in the best interest of its citizens to allow fishing at some
City Owned Ponds on an experimental basis subject to certain restrictions and conditions; and
WHEREAS, the City Parks and Trail system has expanded over the years necessitating a
comprehensive update to the City Code as is pertains to Parks and Trails and the City deems it
appropriate to amend the code accordingly by establishing its own chapter pending completion of
the City's ongoing recodification project.
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1: Chapter 207, Waukee Municipal Code, is hereby amended by repealing
207.12 of the Waukee Municipal Code and enacting in lieu thereof Chapter 207B as follows:
207B.01 PURPOSE. The purpose of this chapter is to facilitate the enjoyment of park
facilities and recreational trails by the general public by establishing rules and regulations
governing the use of those City facilities.
(Code of Iowa, Sec. 364.12)
PARKS
20713.02 USE OF DRIVES REQUIRED. No person shall drive any car, cycle or other vehicle,
or ride or lead any horse, in any portion of a park except upon the established drives or roadways therein
or such other places as may be officially designated by the City. All vehicular traffic on Park Circle shall
be one way, in an easterly direction, and no vehicle shall be driven contrary to one-way traffic signs. No
person shall drive a truck or other commercial vehicle of any kind along or over any park roads or drives,
except for delivery of its load for use in such park.
207B.03 FIRES. No fires shall be built in a public park; provided, however, this section does not
apply to tires in stoves, grills, and ovens for use in picnic cooking.
20713.04 LITTERING. No person shall place, deposit, or throw any waste, refuse, litter or
foreign substance in any area or receptacle except those provided for that purpose.
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207B.05 PARKS CLOSED. No person shall enter or remain within any park between the hours
of 10:30 p.m. and sunrise, unless special permission has been given by the Parks and Recreation Director.
207B.06 PUBLIC MEETINGS. Public meetings (religious, political, or otherwise), including
picnic parties and entertainment for charitable or religious purposes, may be held in the park upon first
obtaining permission from the Parks and Recreation Director. Such assemblages shall be conducted in a
lawful and orderly manner, shall be under the supervision of the Parks and Recreation Director, and shall
occupy such ground as may be assigned to or reserved for them.
20713.07 USE OF SHELTERS.
1. Reservations; Fees. Enclosed shelters and unenclosed shelters may be reserved for the
exclusive use of groups of persons or organizations for a fee as established by resolution of the
Council.
2. Hours. No reservations shall be taken between the hours of 5:00 p.m. on Friday and 8:00
a.m. on Monday.
3. Refusal to Grant Reservation. The Parks and Recreation Director may refuse to grant an
exclusive reservation to any group that, in the opinion of the Director, is not large enough to fully
utilize the facilities of the shelter.
4. Deposit Required. Any person reserving the Ridge Pointe Park Pavilion or the
Community Center shall deposit a sum as established by resolution of the Council with the Parks
and Recreation Director, and if such person fails to leave the Pavilion or Community Center in a
clean and undamaged condition, such person shall forfeit the deposit, in addition to any other
remedy the City may have for any damages.
5. Display of Reservation. Reservations for the shelter shall be in writing, signed by the
Parks and Recreation Director, and shall be displayed upon request.
207B.08 PARENTAL RESPONSIBILITY. No parent, guardian, or custodian of a minor shall
permit or allow such minor to do any act prohibited by any provision of the rules set out by the provisions
of this chapter.
207B.09 PARKING AREAS. No automobiles, wagons or other vehicles shall be allowed to park
in any public park except in the places so designated by the Parks and Recreation Director.
20713.10 SPEED LIMIT. No person shall ride or drive in any public park except upon the
established roads and ways, and shall not exceed a speed limit of fifteen miles per hour at any time
or ten miles per hour through play areas, as posted along said roadways.
207B.11 DISTURBING BUILDINGS OR ANIMALS. No person shall disturb, damage,
destroy, deface or otherwise interfere with any buildings or improvements of any kind made or being
made in or about a public park, or disturb or interfere with birds or animals kept or found therein.
207B.12 DOGS RESTRICTED. No dog shall be allowed to run at large in a public park. Any
dog found in such a park shall be deemed to be found running at large, unless the owner carries or leads
the dog by a chain, strap, or rope not exceeding six feet in length, or keeps any such dog confined in a
wagon, automobile, or other vehicle by a chain, rope, or strap not exceeding six feet in length.
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207B.13 DESTRUCTION OF PLANT LIFE. No person shall in any manner deface, injure, or
remove any tree, shrub, or plant standing or growing in a public park or pick or destroy any flowers or
seeds growing therein.
20713.14 ALCOHOLIC LIQUOR. No person shall have in his or her possession or consume any
alcoholic liquor in a public park, except at special events with permission from the Parks and Recreation
Board. For the purpose of this subsection, "alcoholic liquor" is defined in Section 123.3(5) of the Code of
Iowa.
207B.15 SPLASH PADS, LAKES, PONDS AND STREAMS. No person shall throw or place
any foreign or waste substance in any lake, splash pad, wading pool, pond, or stream in a public park. In
addition, all persons shall abide by the following:
1. No person shall enter the water for any purpose, including but not limited to
wading, swimming, boating, fishing, use of flotation devices, or any other
activity, in or on any City -owned pond, City owned detention area, or other City
owned body of water, except as specifically authorized in this chapter.
2. No person shall enter upon the frozen surface on any City -owned pond, City
Owned detention area, or other City owned body of water, for any purpose
including, but not limited to, skating, sledding, fishing, or the operation of any
vehicles, including but not limited to cars, trucks, snowmobiles, and ATVs,
except as specifically authorized in this chapter.
3. Ice Fishing. Ice fishing is permitted only on 1) "Tallgrass" and 2) "Kettlestone
Common Ponds" City -owned ponds, between Sunrise and Sunset, subject to the
following rules and conditions:
A. Any person who stands, walks, ice fishes, or otherwise enters on such frozen
surfaces does so at his or her own risk and is solely responsible for his or her
safety.
B. Any person who ice fishes on such frozen surfaces shall must assure they
remain in full compliance with applicable state law and DNR regulations and,
further, shall be familiar with applicable DNR guidelines.
C. No ice fishing structures or other appurtenances shall be used or otherwise be
placed on the on the ice, except between '/2 hour after official sunrise and '/2
hour before official sunset.
D. No motorized augers or other drilling devices shall be used on the ice, except
between '/2 hour after official sunrise and '/2 hour before official sunset.
E. No cleaning, disposing, or gutting of fish is allowed on city owned property
including, but not limited to, the city parks, ponds, trails, tables or shelters.
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4. Non Iee Fishing. Fishing is permitted only on 1) "Tallgrass" and 2) "Kettlestone
Common Ponds" City -owned ponds, between Sunrise and Sunset, subject to the
following conditions:
A. Any person undertaking any activity at or near a City -Owned Ponds does so at
his or her own risk and is solely responsible for his or her safety.
B. Any person who fishes shall be in full compliance with applicable state law
and DNR regulations and, further, shall be familiar with applicable DNR
guidelines.
C. No Kayaks, paddle boats, motor boats, rafts or boats are allowed on the water.
D. No person shall wade, swim, or otherwise enter the water.
E. No cleaning, disposing, or gutting of fish is allowed on city owned property
including, but not limited to, the city parks, ponds, trails, tables or shelters.
207B.16 UNAUTHORIZED SIGNS. No person shall post, paste, fasten, paint, or affix any
placard, bill, notice, or sign upon any structure, tree, stone, fence, or enclosure along or within a park.
207B.17 MOVING BENCHES AND TABLES. No person shall move benches, seats, or tables
from their places in a park, except on picnic grounds, and there only within designated lines.
207B.18 REMOVAL OF WOOD, GRASS OR GRAVEL. No person shall cut or remove any
wood, turf, grass, soil, rock, sand, or gravel from a public park, without written permission from the Parks
and Recreation Director.
207B.19 HITTING GOLF BALLS. No one shall drive, hit, or play with a golf ball in a City
park, except in areas clearly designated by signs allowing such activity.
207B.20 POWER DRIVEN MODEL AIRPLANES. No one shall fly, glide, or play with a
power driven model airplane in a City park, except by special permission of the Parks and Recreation
Director.
RECREATIONAL TRAILS
207B.21 OBEDIENCE TO OFFICIAL SIGNS. Every user of a recreational trail shall observe
and obey any official signs posted next to, adjacent to, or along any said trail.
207B.22 HOURS OF USE. Recreational trails shall be open for use by the general public at all
hours, provided appropriate personal lighting devices are in use from sunset to sunrise.
207B.23 EMERGENCY USE AND MAINTENANCE. Recreational trails may be used by an
official City, County, or State emergency, maintenance or public works vehicle when necessary in the
discharge of the duties of its operators.
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207B.24 TRAIL IN COMMON USAGE WITH EXISTING PUBLIC WAY. When the
recreational trail utilizes an existing road for its traffic, the normal use of such road, street, or highway
shall not be restricted. Normal rules of the road shall apply to all users.
207B.25 TRAIL USE RESTRICTIONS.
I. Cyclists. Recreational trails may be used by cyclists, but cyclists shall yield the right-of-
way to pedestrians. Regulations of said bicycles shall be controlled by Section 321.234 of the
Code of Iowa.
2. Motor Vehicles. Motor vehicles, except as otherwise provided for in this chapter, shall
not be allowed on a recreational trail. This prohibition includes, but is not limited to,
automobiles, trucks, motorcycles, motor scooters, minibikes, motorized bicycles, snowmobiles,
three-wheelers, four -wheelers and go-carts.
3. Disabled Persons. Mechanical assistance is allowed in accordance with the Americans
with Disabilities Act.
207B.26 ANIMALS.
l . Use by Animals or Animal -Drawn Vehicles. It is unlawful for a person to ride a horse or
other animal or to operate any type of horse- or animal -drawn conveyance on the recreational
trails.
2. Control of Animals. All animals must be under control of a person competent to restrain
or control the animal, either by leash, cord, chain, or other similar restraint not more than six feet
in length. The owner or person in charge of an animal shall clean up and/or remove as soon as
possible any excrement or droppings deposited by the animal on the trail. Owners shall have a
form of waste disposal in their possession while on the recreational trails.
207B.27 PROHIBITED ACTS AND CONDITIONS.
1. Alcohol Use; Intoxication. No person shall possess, use, or consume any alcoholic
liquor, beverages, wine or distilled substances on recreational trails, and no person shall be
intoxicated or simulate intoxication on trails.
2. Hunting; Firearms and Weapons Prohibited. It is unlawful for any person to engage in
any hunting or trapping activity on the trails, using a rifle, shotgun, bow and arrow or any other
means.
3. Posting of Signs or Placards. No person shall post, fasten, paint, or affix any placard,
bill, notice, or sign upon any structure, tree, stone, sign, or fence along any trail.
207B.28 TEMPORARY CLOSURE OF TRAILS; USE RESTRICTED. Recreational trails
shall be closed for use by bicycles when accumulation of snow or ice exists on the surface of the trail.
During such periods of temporary closure, those trails that are not part of the traveled portion of a street
may be used for hiking and cross country skiing.
Section 2. Renumbering. Be it further ordained that existing sections 207.13 and 207.14
of the Waukee Municipal Code pertaining to the Park Board are hereby renumbered to 207.12
and 207.13 respectively.
Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
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Section 3. Severability Clause. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council the 21 st day of October, 2019, and approved th' st day of October,
2019.
Attest:
Rebecca D. Schuett, City Clerk
Bottenberg, Mayor Pro Tem
Cel