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Home My WebLink AboutOrdinance - 80-27 - Park Use Ordinance - 02/17/1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 080-27 AN ORDINANCE GOVERNING PARKS UNDER THE JURISDICTION OF THE CITY OF EDEN PRAIRIE Section 1. Purpose. The purpose of this ordinance is to secure the quiet and orderly use and enjoyment of the public parks of the City of Eden Prairie. Section 2. Definitions. For the purposes of this ordinance, the following terms shall have the following meanings: (a) City means the City of Eden Prairie; (b) Director means the person holding the position of Director of Community Services of the City; (c) Motor Vehicle means every vehicle which is self-propelled. Motor vehicle does not include a vehicle moved solely by human power; (d) Park means any open or enclosed land and improvements or facility wherever located which is owned, leased, operated, or controlled by the City, and which is reserved, designated or used for a playground, picnic area, beach, or other recreational facility, and waters surrounded by parks, and/or adjacent to beaches which are delineated as swimming areas by placement of marker buoys; (e) Person means any natural person, partnership, association, corporation, or other organization; (f) Pet means any domesticated small animal including but not limited to dogs, cats and birds, kept by a person for pleasure or utility; (g) Recreational Motor Vehicle means a snowmobile, mini-bike, go-cart, and all terrain vehicles; (h) Roadway or Street means that portion of a way or path improved for vehicular traffic, exclusive of the sidewalk or shoulder; i W Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rail or tracks; (j) Watercraft means any contrivance used or designed for navigation on water. Section 3. Hours of Operation. Parks shall be operated from 6 a.m. to 10 p.m. each day and shall be closed from 10 p.m. to 6 a.m. each day, or j as posted. i i -2- Section 4. It shall be unlawful for any person in a park to: (a) Camp in or erect or maintain a tent or other shelter when a park is closed, except fish or dark houses on park waters or as authorized by permit; (b) Swim in waters, use a beach or other play areas of any park at any time such park is closed or during such time as such beach or play area is closed pursuant to notice posted by the Director; (c) Practice or engage in golf or golfing, except in areas designated by the Director; (d) Start or permit a fire to burn, except in areas designed for such purposes and then only in fire rings, fire scars, portable stoves, or grills. Any person who starts or permits a fire to burn as authorized in this section shall extinguish it completely before leaving the park and shall dispose of the residue or refuse therefrom in a trash container. Smoking of cigarettes, cigars or pipes shall not constitute a fire as that term is used herein; (e) Kill, trap, pursue, catch or remove any wildlife, except as may be authorized by permit; (f) Introduce any plant into a park, except as authorized by permit; (g) Permit a pet to enter or go upon beaches, buildings, structures, skating rinks or cross country ski trails; (h) Operate any motor vehicle, except on streets, roadways or parking areas and recreational motor vehicles in those areas designated by the Director; (i) Operate a vehicle at a speed in excess of 20 miles per hour or posted speed limits; (j) Park or leave a motor vehicle standing in other than an established or designated parking area, or violate posted directions or instructions of any park attendant at a designated parking area; (k) Launch any trailered watercraft upon any waters, except at posted launch areas; launch, dock, operate, store or keep any boat of any kind, while the park is closed; (1) Fish on or from a beach, in waters delineated as swimming areas by placement of buoys or in waters within 100 feet #` thereof; ; (m) Cut a hole in the ice of any park waters larger than 12" in diameter, except a hole covered by a fish or dark house, provided that upon removal of the fish or dark house such hole is secured in such a manner as to prevent a person from falling into it, and except as authorized by permit; -3- S J (n) Use a sled, toboggan, hockey stick or puck in or on skating rinks, provided, nothing herein shall prohibit the use of hockey ( sticks and pucks in hockey rinks; (o) Ride or permit a horse under such person's control on or in any park, except on or in any street, shoulder or ditch thereof, trail, or other area designated by the Director, provided however, r whenever a trail through a park for riding horses has been designated by the Director, the riding of a horse in such park or the bringing into such park of a horse shall be limited to such trail. (p) Serve, possess, or consume any alcoholic beverage in areas prohibited by the Director, notice of which is posted in such areas. Section 5. Permits. (a) Wherever in this ordinance provision is made for authorization of an activity by permit, the granting and issuance of such permit shall be by the Director; (b) A person seeking issuance of a permit shall file an application with the Director. The application shall state: (i) Name and address of the applicant and the person tl sponsoring the activity if any; s (ii) The activity, time and area for which a permit is requested; (iii) An estimate of the anticipated attendance, if applicable; (iv) Any other information which the Director shall find reasonably necessary for a determination as to whether a permit should be issued. (c) The Director shall issue a permit when he determines that: (i) The proposed activity or use will not interfere with or detract from the promotion of public health, welfare, safety, recreation or public enjoyment; (ii) The proposed activity will not entail unusual, extraordinary, or burdensome expense for police protection by the City; and (iii) Any facilities desired have not been reserved for some other use at the time sought by applicant. Section 6. Enforcement. Any person who violates or fails to comply with any provision of this ordinance shall be guilty of a petty misdemeanor. Section 7. Severability. If any provision or provisions of this ordinance are declared unconstitutional by a competent court, said decisions shall not affect any other part or portion of this ordinance. _4_ Section 8. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of February , 198 1 _, and finally read and adopted and ordered published at a regular meeting of the City Council of said City of the 3rd day of March , 1981. YXIfgaiig WPenzel, Mayor J ATTEST: 1. i John nzrt City Clerk PUB I ED in the Eden Prairie News on the _ 7th day of May , 1981. i itsa Officl�RlMtllratlea) -� CITY OFN YVAIRM HZNIEPI N COUNTY.MINN=0TA ORDrf+tArGO MG>�,� Affidavit of Publication AN o>aDn�uue«►VX Up==I=7fJ8WWnOK OF 7fIJ4r qr"OF MW"Wain Section L Pssyese.The papoose of d3b ordbuinee is to secure the Quiet -uW of Use public parks of the Cityat Eden Pmirie. Uctiion Z Dedultions.fa the purpoem of this or- .&v aace,the following Leans shau bane the fo0ow- ing Imeanings: (a) City means the City of Eden Prairie; (b) Director means the person hoidbtg the posi- tion of»rem of Community Serer of State of Minnesota ) the City; (c) Motor Vehicle means every vebidewhichis ) SS. .*11-propelled. Motor vehicle does not ia- County of Hennepin ) i ,&epuon*J A►ollo;ag1 Stan Ro l f s r u d )unoW O;sleAsal uatll QsVTWd uag3 - _ being duly sworn,on oath says he is and during 'pies aAeld ,4u1v8e 11 op OZ adoq all the time herein stated has been the publisher and printer of the newspaper known as Eden Prairie hews and has full knowledge of the facts herein stated as follows. i 1 i Said newspaper is printed in the English language in newspaper format 1 l ' aW11 1�'I++ and in column and sheet form equivalent in printed space to at least 900 square inches.12)Said newspaper is a weekly 'sau0q 1e tgluO0T&A&UO and is distributed at least once a week.f 31 Said news paper has 5J%of its news columns devoted to news of local interest tS[t31 1818sg am `Vvps-mu) Agwl to the community which it purports to serve and does not wholly duplicate any other publication and is not made up .(�`"`u0suflor rue t10FJ2"S entirely of paterits,plate matter and advertisements.14 i Said newspaper is circulated in and near the municipality which it purports to serve,has at least 500 copies regularly delivered to paying subscribers,has an average of at least 75%of its 11p se Z-9 qas 0&1 Ul W01 uOU2010S total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local tub uOd.RWd ctl0lpg salgnop ul post-office. (51 Said newspaper purports to serve the City of Eden Prairie in the County of Hennepin and it has its known *9•lam lgol office of issue in the City of Eden Prairie in said county,established and open during its regular business hoes for the qAs �SI�UAd1SQ�1t).�`SelN Sa[�fulS aasttl gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper,persons in its employ and subject to his direction and cont:of during all such regular business hours and at aqumu ;g of ftMl3 'maids OMM which said newspaper is printed. (6)Said newspaper files a copy of each issue unmediately with the State Historical B jnj&wMa;o 1no S6A/OqA& lumodg Society.17)Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates �.�r.W - of ublicadon mentioned below 18)Said newspaper has filed with the Secretary of State of Minnesota prior to January1, aoeldaz OH '£^�$ i�-9 `lode 1976 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the Ant laquiTtu ag11e lsol ua1J9,0 allgAs mamging officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. r-9`1-9 IS01 aupuales`t{aletu Ima Ul He further states on oath that the printed ,e g a 1 2332 I . . _ hereto attached as a part ALvP0J U'AA A hereof was cut from the cohmins of sa'd newspaper, and was printed and published thereun in the English language, one Thurs. 7 once each week, for successive weeks: that it was first so published on the day of May 1981 and was thereafter printed and published on every _ to and including the day of 19 and that the following is a printed cony of the lower case alphabet from A to Z.both inclusive,and is hereby acknowledged as being the sue and kind of type used in the composition and publication of said notice,to wit: 't1luaAas aq1 ul WOW Om1 lyue qJX15 81a u1 =J aaJ% palaal abcdefghi)klmnopgrstuvw:yz t -103 aadO3ls 'AW10p ilea ail; JMV '012mg uosisrl U%XR a u0 8ulaoa8 8aag IOTA atM2 aM pall aPTB1d Uapa pq `leak atn ul mu a pal036 aadwms •Igno azll lls OA14 Pus gslitaA+OA54`slip aaM papaOaaa 921ftS au *SS[ " .IRO; pie SHOO U"m t10 1-9 Subscribed and sworn to before me this // day of �/f� 194?1 almeid Nam JX39 33CION B 'supmq g13B eta 30 din M ul / auze8 a1{18u1AepP`,(epg.m1LL uW913 Pas.- .,r...r...� -urea 31 •u1ss;0 asneaaq step 8u1>pa,a zd C v r,T i n �. r aR1 palaa am uso uaaq peq Imp en a r,. ` `aadozlegs lsule8s,ttapsmgy uo auzoq •i Ho,., A N - 1e aures ampoule Vol sal8eg MU �,.:My CC Y . 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