ORDINANCE   10   , 2004

AN ORDINANCE ESTABLISHING PARK POLICY WITHIN THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA.

WHEREAS, THE TOWN COUNCIL OF THE TOWN OF BUNKER HILL BELIEVE THAT PARK AND RECREATIONAL FACILITIES SHOULD BE PROVIDED FOR ITS CITIZENS, AND

WHEREAS, IT IS DEEMED NECESSARY TO HAVE A PARK BOARD TO PROVIDE EQUIPMENT AND MAINTAIN PARK FACILITIES, AND

WHEREAS, CERTAIN POLICIES AND RULES MUST BE OBSERVED TO PROVIDE FOR THE PROTECTION OF PARK PROPERTY AND ENSURE THOSE FACILITIES PROVIDE A SAFE AND HEALTHY ENVIRONMENT TO ITS USERS, AND

THEREFORE, BE IT ORDAINED THAT THE TOWN COUNCIL ESTABLISHES A PARK POLICY WITHIN THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA.

ARTICLE I.   TITLE.

This ordinance shall be known as and may be referred to as the "Park Policy Ordinance" of Bunker Hill.

ARTICLE II.   COMPOSITION OF THE PARK BOARD.

IC 36-10-3-4 requires a Park Board consist of four (4) members, appointed by the Town Council President under the following guidelines:

1. Members appointed on the basis of their interest and knowledge in parks and recreation.
    
2. No more than two (2) members may be of the same political party.
    
3. One (1) ex officio member from the Town Council.

ARTICLE III.   APPOINTMENT AND REMOVAL OF PARK BOARD MEMBERS.

Initial appointments to the Park Board are set forth by IC 36-10-3-5 as follows:

1. One (1) member for a term of one (1) year.
    
2. One (1) member for a term of two (2) years.
    
3. One (1) member for a term of three (3) years.
    
4. One (1) member for a term of Four (4) years.
    
5. As a term expires, each new appointment is for four (4) years. All terms expire on the first Monday in January, however a member serves until a successor is appointed.
    
6. As vacancies occur, new members are appointed to fill the remainder of the unexpired term.
    
7. A member may be removed only for cause, as set forth in IC 36-10-3-6.

ARTICLE IV.   PROCEDURAL.

IC 36-10-3-8(a) requires all Park Board meetings to be open to the public and are required to be held at least quarterly.

1. At its first regular meeting of each year, the Board shall elect a president and vice president who assumes the duties of president during absences or disability of the president. The Board shall also fix the time and place of its regular meetings. The Board may also elect a secretary from within or outside its membership.
    
2. A majority of the members constitutes a quorum. Action of the Board is not official unless authorized by a quorum of the membership present and acting.
    
3. Special meetings of the Board may be called by the president or by any two (2) members by written request to the secretary. The secretary shall send to each member, at least two (2) days before a special meeting, a written notice fixing the time, place and purpose of the meeting. Written notice is not required if the time of the special meeting is fixed at a regular meeting or if all members are present at the special meeting.
    
4. All meetings shall comply with the requirements of IC 5-14-1.5-5, more commonly referred to as the "Open Door Law".

ARTICLE V.   PARK HOURS.

Park hours are established to be 7:00 a.m. to 9:00 p.m. daily unless extended by the Park Board for a scheduled activity. It shall be unlawful for any person or persons to congregate or loiter in or about the park between the hours of 9:00 p.m. to 7:00 a.m. except by written permit from the Park Board. Violation Penalty $25.00.

ARTICLE VI.   VENDORS PERMITS.

It shall be unlawful for any person to sell or offer for sale anything within the public park of the town, or to keep any restaurant, fruit, confection, lunch, soda or mineral water stand, or other stand for the purpose of profit or gain therein, without a written permit duly issued by the Clerk/Treasurer and payment of the required fee thereof.
Violation Penalty $100.00.

No person other than the Clerk/Treasurer shall grant or sell any right or privilege within the public park of the town to any person for the purpose of gain or profit.
Violation Penalty $75.00

It shall be unlawful for any licensee to refuse to exhibit the license to any member of the park board or police officer or park attendant employed in or about the park.
Violation Penalty $100.00

ARTICLE VII.   RULES OF THE PARK.

ALCOHOLIC BEVERAGES.   No alcoholic beverages are allowed within the confines of the park property. Violation Penalty $75.00.

ANIMAL ABUSE.   No person shall annoy, injure or attempt to annoy or injure, any animal or bird within the confines of the park. Violation Penalty $25.00.

BICYCLES, MOTORCYCLES, ATV'S AND ETC.   It shall be unlawful for bicycles, motorized bicycles, scooters, motorized scooters, roller skates, roller blades, skateboards, motorcycles, off-road and all terrain vehicles to be in the park. Except vehicles used by handicapped persons and park maintenance. Violation Penalty $25.00.

DAMAGE TO PLANTS, TREES, BUILDINGS AND GROUNDS.   It shall be unlawful for any person to climb any tree, or pluck any flower or fruit, whether wild or cultivated, or to break, cut down, trample on, or in any manner injure or deface any tree, plant, shrub, flower bed, turf, ornament or any of the buildings, fences, fountains or other construction within the park. Violation Penalty $100.00 plus all replacement repair costs.

DISCHARGE OF FIREARMS OR FIREWORKS.   No person shall carry, fire or discharge any cannon, gun, pistol or other firearm or any rocket, torpedo or other fireworks of any description within the confines of park property or into park property from any of the approaches or surroundings thereof. Violators are committing a Class "C" Misdemeanor, Ordinance 15, 1997.

DISORDERLY CONDUCT:   It shall be unlawful for any reason to make loud, unusual or unnecessary noise; use boisterous, profane, obscene or indecent language; engage in any wrangle, quarrel or fight, or challenge or attempt to provoke others to fight, quarrel or wrangle; make any indecent exposure of his person; throw any stone, club or other missile; or do or commit any lewd or other disorderly act or nuisance within the public park of the town calculated to disturb or annoy any person visiting the park. Violation Penalty $50.00

FIRES.   All fires and open flames shall be in approved containers only. Violation Penalty $25.00.

LITTERING.   It shall be unlawful for any person, to throw or otherwise deposit any papers, sticks, cans, foods, or remnants thereof, brushes, bottles, debris or rubbish of any kind on any portion of the park except in receptacles provided and maintained by the park. Violation Penalty $25.00.

POSTING OF NOTICES AND GRAFFITI.   It shall be unlawful for any person to write or mark on any building, structure, statue, fence, bench, rock or stone, or post any bill, notice or advertisement of any kind on same, within the park or the parkway thereof. Violation Penalty $25.00 plus all repair and/or cleaning costs.

ARTICLE VIII.   LIABILITY.

The "Recreational Users Statute" IC 14-22-10-2, provides immunity to government entities for persons who are injured if they enter onto municipal land for recreational purposes provided no fee is charged.

ARTICLE IX.   ENFORCEMENT.

The Town Marshal shall be the prime enforcement officer of the Bunker Hill Park System. However, it is the duty of the Park Board and the users of the park system to report any violations of park rules that could cause injury to other users or damage/destruction of park property.

ARTICLE X.   AUTHORITY.

This ordinance shall be in effect upon passage and supersedes Ordinance 10, 1997.

ARTICLE XI.   APPROVAL.

THIS ORDINANCE WAS APPROVED BY MEMBERS OF THE TOWN COUNCIL OF THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA AT A PUBLIC MEETING ON THE   14   DAY OF   DECEMBER   , 2004.

 

ATTEST:                                           Norman McBride, Clerk/Treasurer		Leslie H. Briggs                   Leslie H. Briggs, President   Byron Kosanke                    Byron Kosanke, Member
		Daryl Mosley                       Daryl Mosley, Member   Marilyn S. Floyd                 Marilyn Floyd, Member   Donald Jaberg                     Donald Jaberg, Member