CHAPTER 93: Parks and Recreation

General Provisions

Park Board

GENERAL PROVISIONS

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.
(Ord. 10, passed 11-5-97)

All bicycles, roller skates, roller blades, skateboards, motorcycles, off-road and all terrain vehicles are not allowed within the park. The only exception are those vehicles used by handicapped persons and park maintenance.
(Ord. 10, passed 11-5-97) Penalty, see § 93.99

All fires and open flames will be in approved containers only.
(Ord. 10, passed 11-5-97) Penalty, see § 93.99

All fireworks are prohibited within the confines of the park property.
(Ord. 10, passed 11-5-97) Penalty, see § 93.99

No alcoholic beverages are allowed within the confines of the park property.
(Ord. 10, passed 11-5-97) Penalty, see § 93.99

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 public park or into the enclosure thereof from any of the approaches or surroundings thereof. Any violation of this section is subject to prosecution.
(Ord. 10, passed 11-5-97) Penalty, see § 93.99

It shall be unlawful for any reason to make any loud, unusual, or unnecessary noise; use any 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 same.
(Ord. 10, passed 11-5-97) Penalty, see § 93.99

No person shall annoy or injure, or attempt to annoy or injure, any squirrel or other animal or bird confined in the public park of the town.
(Ord. 10, passed 11-5-97) Penalty, see § 93.99

(A)   The public park of the town shall be closed from 10:00 p.m. until 6:00 a.m.

(B)   It shall be unlawful for any person to congregate or loiter in and about the public park between the hours of 10:00 p.m. and 6:00 a.m., except by permit from the Park Board.
(Ord. 10, passed 11-5-97) Penalty, see § 93.99

No person 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, except the Town Council or an officer lawfully authorized by Council.
(Ord. 10, passed 11-5-97) Penalty, see § 93.99

(A)   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 therefor.

(B)   It shall be unlawful for any licensee to refuse to exhibit the license to any member of the Park Board or to any regular police officer or other officer employed in or about the park.
(Ord. 10, passed 11-5-97) Penalty, see § 93.99

It shall be unlawful for any person to throw or deposit any papers, sticks, cans, foods, or remnants thereof, brushes, bottles, debris, or rubbish of any kind on any portion of the park. These papers or refuse are to be deposited in receptacles maintained by the Park Board.
(Ord. 10, passed 11-5-97) Penalty, see § 93.99

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 remove, 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 public park of the town.
(Ord. 10, passed 11-5-97) Penalty, see § 93.99

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 the same within the park or the parkway thereof.
(Ord. 10, passed 11-5-97) Penalty, see § 93.99

PARK BOARD

A Park Board consists of four members to be appointed by the president of the Town Council. The members shall be appointed on the basis of their interest in and knowledge of parks and recreation, but no more than two members may be affiliated with the same political party. In addition, the creating ordinance provides for one ex officio member from the Town Council.
(I.C. 36-10-3-4) (Ord. 10, passed 11-5-97)

(A)   Initial appointments to the Park Board are:

(1)   One member for a term of one year.

(2)   One member for a term of two years.

(3)   One member for a term of three years.

(4)   One member for a term of four years.

(B)   As a term expires, each new appointment is for a four year term. All terms expire on the first Monday in January, but a member continues in office until his successor is appointed.

(C)   If a vacancy on the Board occurs, the appointing authority shall appoint a person to serve for the remainder of the unexpired term.
(I.C. 36-10-3-5) (Ord. 10, passed 11-5-97)

A member may be removed only for cause upon specific written charges against him. The charges shall be filed with and heard by the appointing authority, unless the appointing authority is bringing the charges. If the appointing authority is bringing the charges, the unit's fiscal body shall appoint a hearing officer. The person to hear the charges shall fix a date for a public hearing and give public notice at least ten days in advance of the hearing. At the hearing the member is entitled to present evidence and argument and to be represented by counsel.
(I.C. 36-10-3-6) (Ord. 10, passed 11-5-97)

(A)   All meetings of the Board are open to the public. The Board shall fix the time and place of its regular meetings.

(B)   Special meetings of the Board may be called by the president or by any two members by written request to the secretary. The secretary shall send to each member, at least two days before a special meeting, a written notice fixing the time, place, and purpose of the meeting. Written notice of a special meeting 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.

(C)   At its first regular meeting each year the Board shall elect a president and vice president. The vice president may act as president during the absence or disability of the president. The Board may select a secretary either from within or outside its membership.

(D)   A majority of the members constitutes a quorum. Action of the Board is not official unless it is authorized by at least three members present and acting.
(I.C. 36-10-3-8) (Ord. 10, passed 11-5-97)

(A)   Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the penalty provided in § 10.99.

(B)   Violators of §§ 93.02, 93.08, 93.09 and 93.12 of this chapter will be fined $25 for each occurrence.

(C)   Violators of §§ 93.03, 93.04, 93.05 and 93.10 of this chapter shall be fined $75.

(D)   Violators of § 93.07 shall be fined $50.

(E)   Violators of § 93.11 shall be fined $100.

(F)   Violators of § 93.13 shall be fined $100 plus all replacement repair costs.

(G)   Violators of § 93.14 shall be fined $25 plus all repair and/or cleaning costs.
(Ord. 10, passed 11-5-97)