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HomeMy WebLinkAbout2004-04-19-Ordinance 2469_Park Board, EstablishORDINANCE NO.2469 IANORDINANCETOAMENDCHAPTER207,BY DELETING ALL OF CHAPTER 207 AND INSERTING IN LIEU THEREOF SUBSTITUTED CHAPTER 207 WAUKEE MUNICIPAL CODE,PROVIDING FOR THE ESTABLISHMENT,POWERS AND DUTIES OF A PARK AND RECREATION BOARD,INCLUDING TERMS,POLICIES,RULES AND PROCEDURES FOR THE BOARD,AND PROVIDING FOR APPEALS AND AMENDMENTS BY RESOLUTION OF THE COUNClL. BE IT ORDAINED by the Council of the City of Waukee: Section 1. 207 as follows: Chapter 207 is hereby deleted,and there is inserted in lieu thereof Chapter Section 2 §207.1 Purpose.The purpose of this ordinance is to create a park and recreation board to plan,develop and conduct community-wide recreational and leisnre facilities and activities which are designed to strengthen family and community relationships;thereby enhancing the quality oflife in the Waukee community. Section 3.§207.2 Board Created,Appointed;Terms:There shall be a Park and Recreation Board for the City of Waukee consisting of a Chairperson and nine (9)citizens oflegal age whose members shall be appointed by the Mayor subject to the approval of the City council for three (3)year overlapping terms ending on December 31 of each year.Members named upon the enactment of this chapter shall hold office for such terms as the Mayor shall designate with the approval of the City Council.The terms of not more than three (3)members shall expire in anyone year. 1 A)In the event that a member resigns or seeks re-appointment,the procedure for making a recommendation to the Mayor for appointment will be as follows: 1.The open position(s)on the Park Board will be advertised through an accredited newspaper,Waukee Taukee,and other areas deemed necessary by the Director. 2.The Board will interview the applicants. 3.Based on the interviews,the Board will recommend to the Mayor three prospective appointees for each open position. 4.From the slate of candidates,member(s)shall be appointed by the Mayor subject to the approval of the City Council for three (3)year overlapping terms ending on December 31 of each year.The terms of not more than three (3)members shall exptre m anyone year. B)Qualifications of the Board Members shall be a minimum age of eighteen years and reside within the corporate limits of the City of Waukee,Dallas County,Iowa.Board Members are required to possess a vital interest in parks and recreation as demonstrated by application for the position and recommendation by a citizen of Waukee. Section 4.§207.3 Officers,Terms;Compensation:Officers of the Board shall consist of a Chairperson,Vice Chairperson and Secretary.\ j A)The Chairperson,Vice Chairperson and Secretary will be elected by the Board, nomination having been made from the floor.Nominations shall be received by the highest ranking officer present from the previous year.A majority vote of those present shall constitute an election,providing a quorum is present. B)Tenure of Office.The tenure for an officer shall be for a period of one year.An officer may be elected for a succeeding year. SectionS. and Procedures. §207.4 Waukee Park and Recreation Board Powers,Policies Articlel.Mission Statement The mission statement of the Parks and Recreation Board ("Board")is to develop and enhance community-wide recreational/leisure plans,utilizing park/community facilities,designed and planned to strengthen family and community relationships therby enhancing the quality of life in the Waukee Community.In addition,the Board will assist in working with other recreation/athletic organizations serving the greater Waukee area as needed. Article 2.General Powers and Duties A)In addition to its duty to develop and enhance plans for community parks and recreation and the respective facilities and to update and revise these plans as required,the Board shall have all administrative powers in the adoption of policies,rules and regulations, subject to City Council review,pertaining to the use and control of all parks and recreational grounds and facilities.The Board will provide reasonable notice of services to the using public,and address and resolve grievances regarding facilities and policies of the Board.Unresolved grievances maybe appealed to the City CounciL B)Rates and Charges.The Board has the power and authority to establish fees,rates and charges for the use of a community park,recreational ground or recreational facility,or for participation in a recreational program or activity.However,the City Council has at all times the power and authority to establish,impose,adjust and provide for the collection of rates and charges when such action is necessary to produce gross revenue at least sufficient to pay the expenses of operation and maintenance of a common park, recreation ground or other facility,or to pay the principal and interest of any revenue bonds and pledge orders as may come due. C)Gifts.The Board has the power and authority to solicit,accept or reject any gifts made to the Board.All major gifts such as land,building,and etc.requiring a transfer of title will be subj ect to City Council approvaL D)Contracts.The Board has the power to authorize and execute on behalf of the City of Waukee without action of the City Council for contracts with public or private entities for service relative to recreational programs and activities.Such contracts will be evidenced by a written document approved as to form by the City Attorney and certified consistent with the current budget by the Director of Finance. E)Leasing to Organizations.The Board has the authority to lease,under reasonable rules and requirements,a particular park or portion thereof,as follows: 1)For a period not in excess often (10)days to charitable,fraternal and patriotic organizations,for the purpose of permitting such organizations to conduct celebrations,anniversaries and entertainment. 2)For a period not to exceed six (6)months,as the Board shall deem proper,for the purpose of permitting the playing of amateur or professional athletic games. F)Budget.Submit a recommended budget for consideration by the City Council for inclusion in the annual budget. Section 6 §207.5 Powers and Duties of Officers Article 5 A)Chairperson.The duties of the chairperson will be: 1.To preside over all meetings of the Board. 2.To appoint standing committees as may be authorized by the Board. 3.To call special meetings. 4.To represent or designate a representative of the Board at public affairs. B)Vice Chairperson.The duties of the Vice Chairperson will be: 1.To act as the Chairperson in the event that the office of Chairperson is vacated due to illness,resignation,absence,or other cause. 2.To chair the Parks and Recreation Budget and Finance Committee. 3.To perform a11Yother duties assigned. C)Secretary.The duties of the Secretary will be: 1.To review and maintain a permanent record of and sign the proceeding of all Board meetings. 2.To be responsible for copies of the minutes to the office of the City Clerk,the Office ofthe Parks and Recreation Director (s)and all Board Members and other entitled to be informed of any special meeting. 3.To notify Board Members and others entitled to be informed of any special meetings. 4.To see that a permanent file of all minutes and formal reports accepted by the Board is maintained. I Section 7 §207.6 Duties and Responsibilities of Board Members Article 6. A)Each Board Member upon appointment is responsible for each of the following: I.To assist the Parks and Recreation Director in the formation of policies and programs for parks,recreation,and open spaces. 2.To attend meetings scheduled by the Board. 3.To serve on standing and/or special committees. 4.To stay informed about the status of facilities,equipment,and programs. 5.To recommend policies for the Parks and Recreation Department. 6.To remain informed about the status of the Parks and Recreation budget and needs in facilities and programs, 7.To review long-range Parks and Recreation development plans periodically and to establish and maintain a five-year park and recreation management plan.1 8.To seek in the development of a broad variety of programs,areas,facilities,and services to meet community needs and demands. B)Each Member is to serve on the Board without compensation.A member may receive actual expenses incurred in conducting business for the Board and may apply for reimbursement when attending seminars or conventions authorized by the Board.Such expenses must be approved prior to being incurred. Section 8 §207.7 Meetings and Reports. Article 7. A)Regular meetings of the Board shall be at monthly intervals. B)Special meetings may be called by the Chairperson or upon the request of at least 2 Board Members with not less than 3 days notice of such meeting. C)All meetings are to be held at a time and place designated by the Board and shall be open to the public pursuant to the Iowa Open Meeting Law. D)Minutes of each meeting and any requested reports shall be kept,and a draft copy will be filed with City Hall and submitted to the City Council. E)The regular meeting held in January of each year shall be lmown as the organizational meeting.The purpose of this meeting shall be the election of officers,the appointments of committees,the presentation of armual reports,determination of time and place of regular meetings for the upcoming year,and other business that may need to come before such meeting.At any meeting of the Board,a majority of the Board (five members)shall constitute a qUOlUIl1.A quorum shall be present before the Board takes action on any matter before the Board. Section 9 §207.8 Budget and Finance Article 8 A)The Board will assist the Parks and Recreation Director ("Director")in the preparation of an armual budget for the operation of the Parks and Recreation Department based upon the municipal fiscal year.This proposed budget will be submitted to the City Administrator for approval at such times as designated by the City Administrator. B)Complete records ofrevenues and expenditures ofthe Parks and Recreation Account shall be maintained in City Hall. C)The fiscal year of the Board shall correspond with the municipal fiscal year,and therefore shall be from July 1 to June 30. D)The annual budget recommendation must be approved by the Board no later than the December meeting prior to the commencement of the fiscal year. E)The Board or its delegates may review,upon request,payment of bills,claims,invoices, and payrolls relative to the operation of the programs and development of facilities. Section 10 §207.9 Parks and Recreation Committees Article 9 A)Standing Committees.The Chairperson shall appoint three Board Members to serve on one of the following committees: 1.Budget and Finance Committee.This committee shall be responsible for seeing that the final proposed budget is prepared by the Director,will review the proposed budget and submit it to the entire Board for approval.This committee will make monthly reviews of the budget status regarding expenditures and receipts and may make recommendations to the proposed budget. 2.Recreation Committee.This committee shall be responsible for periodic reviews of recreational services and programs and shall be available to the Director for consultation,advice,and/or recommendations which may be necessary for effective functioning of the recreation program.The committee shall report activities and submit recommendations to the Board for final action. 3.Parks and Facilities Committee.This committee shall be responsible for periodic evaluation of recreational facilities and shall be available to the Director for consultation,advice and assistance necessary for the effective development, coordination and maintenance of parks and facilities.This committee is responsible for reporting its activities and submitting recommendations to the Board for fmal action.A member ofthis committee shall attend Planning and Zoning Board scheduled meetings and report back to tins committee relevant information obtained from the meetings. 4.Ad Hoc Committees.Ad hoc committees may be appointed by the Chairperson upon the concurrence of the Board. Section II §207.l0 Parks and Recreation Personnel. Article 10 A)The City Administrator will employ,supervise,evaluate,or discharge all parks and recreation employees,as provided by City Ordinance. Section 12 §207.11 Roberts Rules of Order. Article II A)The most recent edition of Roberts Rule of Orders shall be informally followed in all meetings ofthis Board. Section 13.§207.l2 Park Rules.The following rules shall be observed by persons in public parks in the City of Waukee,Iowa. Article 12 A.Public meetings.Public meetings,religious,political,or otherwise, including picnic parties and entertaimnent for charitable or religious purposes,may be held in the park upon first obtaining permission from the administrative officer of the City.Such assemblages shall be conducted in a lawful and orderly manner,shall be under the supervision of the administrative officer,and shall occupy such ground as may be assigned to or reserved for them. B.Park Opening and Closing.The park shall be open at sunrise each day and closed at 10:00 p.m.each day,and no person shall be or remain in the park after the hour of 10:00 p.m.unless special permission shall have been given by the administrative officer for such person or group of persons to remain there. [September 14,1981] C.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,so posted. D.Designated Parking Areas;Lights.No automobiles,wagons or other vehicles shall be allowed to park in any public park except in the places designated by the administrative officer. E.Hitching Animal,Parking and One-Way Traffic.No persons shall hitch a horse or other animals in the park except at places designated by administrative officer at hitching or rails provided for such purposes,and no automobiles or other vehicles shall be permitted to stay in any of the public drive-ways in any such park where signs to the contrary are posted.All vehicular traffic through the park shall be driven one way in an easterly direction,and no vehicle may be driven contrary to one-way traffic signs. F.Commercial Vehicle.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. G.Destruction of Plant Life.No person shall in any manner deface, injure or remove any tree,shrub or plant standing or growing in the public park or pick or destroy any flowers or seeds growing therein. H.Fires.No fires shall be lighted or made in the public park except by permission of the custodian;provided,that this section shall not apply to fires in stoves and ovens provided by the Town of Waukee for use in picnic cooking. 1.Fireworks and Explosives.No person shall use firearms,explosives, weapons,firecrackers or fireworks of any character in the public park,except as otherwise provided by any other ordinance. J.Waste Material.No person shall deposit upon or litter the ground with any form of waste material.All such waste material shall be deposited in receptacles provided for such purpose. K.Disorderly and Obscene Conduct;Nuisances.No person shall use any loud,violent,obscene or profane language while in the public park,nor shall any person conduct himself in a disorderly or obscene manner or commit any nuisance therein. L.No Alcoholic Liquor in Park.No person shall have in his possession or consume any alcoholic liquor in the public park except special events with permission from the Park Board.For the purpose ofthis section alcoholic liquor is defined in Section 123.3 (8)of the Code ofIowa,as amended. M.Lakes,Ponds and Streams.No person shall throw or place any foreign or waste substance in any lake,wading pool,pond or stream in the public park,nor shall any person swim or bathe in any lake, pond or stream in the park. N.Buildings and Animals.No person shall disturb or interfere with any building or improvements of any kind made or being made in or about the public park,or disturb or interfere with birds or auimals kept or found therein. O.Posted Notices.No person shall enter upon portions of the public park in disregard of signs or posted notices forbidding the same. P.Dogs.No dog shall be allowed to run at large in the public park. Any dog found in such park shall be deemed to be found nmning at large,unless the owner carries such dog or leads him 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.It shall be the duty of the administrative officer,Marshall,or any person in the employ of the City of Waukee,to remove and impound any dog running at large in the public park. Q.Ice Skating.No person shall throw any stone,dirt,stick or other missile or obstruction upon the ice in the parle.No person shall engage in tandem skating,games,racing or other activities on the ice except as allowed by the administrative officer. R.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 the park. S.Moving Benches and Tables.No person shall move benches,seats or tables from their places in the park except on picnic grounds,and there only within designated lines.) T.Removal of Wood,Grass or Gravel.No person shall cut or remove any wood,turf,grass,soil,rock,sand or gravel from the public park, without written pennission from the administrative officer. u.Golf Balls.No one shall drive,hit or play with a golf ball in the city park except in areas clearly designated by sign allowing such activity. v.Power-driven Model Airplanes.No one shall fly,glide or play with a power -driven model airplane in the city park except by special permission of the administrative officer. W.Shelter.The enclosed shelter located in Centennial Park may be reserved for the exclusive use of groups of persons or organizations for a fee of $30.00.Non-profit organizations may reserve the enclosed shelter with no fee charged.No reservations shall be taken between the hours of 5:00 P.M.Friday and 8:00 A.M.Monday.The administrative officer may refuse to grant an exclusive reservation to any group,which,in his opinion,is not large enough to fully utilize the facilities of the shelter.Any person,group or organization reserving any shelter shall deposit the sum $30.00 with the administrative office;and if such person,group or organization fails to leave any shelter in a clean and undamaged condition,such person,group or organization shall forfeit such deposit,in addition to any other remedy the City of Waukee may have for any damage. Reservations for the shelter shall be in writing,signed by the administrative officer,and shall be displayed upon request. x.Responsibility of Parent or Guardian.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 section. Y.Posting Rules.Signs containing a summary of the rules set out in this section shall be posted in conspicuous places in the public park of Waukee. Section 14.§207.13 Appeal.Any person aggrieved by a decision of the Board may file an appeal with the Council within thirty (30)days of the action appealed from. Section 15.§207.14 Board Discontinued.The Council may discontinue the Board by adopting a resolution proposing the action,and publishing notice as provided in Section 362.3 of the Iowa Code,ofthe resolution and of a date,time and place of a public hearing on the proposal,and may discontinue the Board by ordinance,amendment or resolution not sooner than thirty days following the hearing.! Section 16.§207.l5 Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 17.§207.l6 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,provision,or part thereof not adjudged invalid or unconstitutional. Section 18.§207.l7 Effective Date.This ordinance shall be in effect upon its final passage,approval and publication as provided by law. Passed by the City Council of the City of Waukee,Iowa,this 19th day of April 2004,and approved this 19th day of April,2004.