Loading...
CR 92-167 Mainstreet Plaza ., y 0 , u '" ~ .y ":> . August 10, 1992 o P K \ ~ council Report 92-167 MAINSTREET PLAZA Proposed Action. Staff recommends adoption of the following motion: Move to adopt Resolution No. 92-70 establishing restrictions reqardinq the pUblic's use of the Mainstreet Plaza located at Ninth Avenue and Mainstreet. Adoption of this motion will formally establish rules regarding the public's use of the Mainstreet Plaza. Overview The Mainstreet Plaza is essentially completed and is in use by the public. It now appears appropriate to establish basic ground rules regarding the use of this facility. This practice is commonly used for park facilities which are located throughout the city. The proposed resolution indicates that the Mainstreet Plaza will be regulated by section 830 of the Hopkins City Code. This section regulates the use of park and recreation facilities in the city. Passage of the recommended motion will allow City staff to enforce the . City's rules regarding the use of the Mainstreet Plaza. primary Issues to Consider 0 What restrictions are proposed? 0 How will the rules regarding the use of the Plaza be posted? 0 Why is the use of the Plaza proposed to be regulated by section 830? supportinq Information 0 Resolution 92-70 establishing r~strictions regarding the pUblic's use of the Mainstreet Plaza 0 section 830 of City Code - . CR92-167 Page 2 . 0 What restrictions are proposed? The restrictions proposed in the Resolution would prohibit, as with other city property, the use of skateboards and bicycles within the Plaza. In addition, the Resolution establishes that the Plaza will be closed from 10:00 p.m. to 5:00 a.m. Again, this is consistent with other public property. 0 How will the rules regarding the Plaza be posted? It is proposed that two or three signs be installed in the Plaza. Locations include the sidewalk along Ninth Avenue, south of the clock tower, a brick pier along the south border of the Plaza, and/or in one of the planters near the elevator tower for the Olson building. The signs are proposed to be tastefully done with wooden materials, painted to match the colors in the Plaza/clock tower. 0 Why is the use of the Plaza proposed to be regulated by section 830? section 830 regulates the use of park and recreation areas in Hopkins. The use of the Plaza was proposed to be regulated by . section 830 for the following reasons: - Allow the use of the Plaza to fall under a specific section of the City Code with all the inherent controls and administrative activities contained therein. - The Plaza is a park type area. Attached is a copy of section 830. Overall, it is felt this ordinance will not unduly restrict the use of the Plaza from its intended purpose. However, section 830.41 does require a permit to be issued from the Park Director for carnivals, community celebrations, gatherings of 25 or more people, etc. Alternatives 0 Approve the action recommended by staff 0 Approve the action recommended by staff with a change to the proposed rules for the Plaza 0 Do not approve the motion as recommended 0 Table for further recommendation - . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 92-70 RESOLUTION ESTABLISHING RESTRICTIONS REGARDING THE PUBLIC'S USE OF THE MAINSTREET PLAZA LOCATED AT NINTH AVENUE AND MAINSTREET WHEREAS, the Mainstreet Plaza was constructed at the intersection of Ninth Avenue and Mainstreet for the pUblic's use and enjoyment, and WHEREAS, the city Council desires to establish rules regarding the public'S use of the Mainstreet Plaza, and WHEREAS, the use of the Mainstreet Plaza is deemed to be regulated by Section 830 of the Hopkins City Code, and WHEREAS, Section 830.43 of the Hopkins city Code allows for the establishment of rules regarding the use of the Mainstreet Plaza, . NOW THEREFORE BE IT RESOLVED, by the city Council of the city of Hopkins that the following rules be implemented and enforced with respect to the use of the Mainstreet Plaza located at Ninth Avenue and Mainstreet: 0 No skateboards 0 No bicycles 0 Plaza closed from 10:00 p.m. to 5:00 a.m. Sunday thru Saturday Adopted this 18th day of August, 1992. Nelson W. Berg, Mayor ATTEST: . James A. Genellie, city Clerk t Hopkins City Code 830.01 . Section 830 - Parks and Recreational Areas 830.0l. Definitions. Subdivision l. For purposes of this section the terms defined in this subsection have the meanings given them. Subd, 2. "Park director" or "director" means the person appointed by the manager immediately in charge of any park area and its activities, and to whom all park attendants of such area are responsible. The direc tor is responsible for the enforcement of this section. Subd. 3. "Park" means an open or enclosed space, area, or facility wherever located which is (1) owned, operated or controlled by the city or (ii) located within the city, but owned, operated or controlled by another political subdivision which space is reserved, designated or used for or as a playground, picnic area, school ground, beach, park, arena, concession, playing field or court, structure or building and devoted, designated or intended for active or passive recreation; the term includes parking lots, paths or roadways appurtenant to or used therewith. Subd. 4. "Vehicle" means a wheeled conveyance, whether motor powered, animal-drawn, or self-propelled: the term includes any trailer in tow of any kind and snowmobiles, but not baby carriages and city vehicles. 830.03. Park rules, Subdivision 1. Disfiguration and rernoval. It is unlaw- .'" ful for a person to mark, deface, disfigure, injure, tamper with, or displace or remove, any buildings, bridges, tables, benches, fireplaces, railings, pa.....ing or paving material. water line or other public utilities or parts or appurtennances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtennances whatsoever, either real or per- sonal. Subd, 2. Restrooms or washrooms. It is unlawful for a person to fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condi- tion, No person over the age of four years shall use the restrooms and wash- rooms designated for the opposite sex. Subd, 3. Removal of natural resources. It is unlawful for a person to dig, or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, down-timber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means or agency. Subd. 4, Injury and removal. It is unlawful for a person to damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant, nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area. .) , Hopkins City Code (Rev.), 830.03, Subd. 5 e Subd. 5. Hunting. It is unlawful for a person to ( i) hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at an animal, reptile, or bird; ( ii) to remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird; (iii) to collect, remove, have in possession, give away, sell or offer to sell or buy or offer to buy, or accept a a gift, any specimen alive or dead or any of the group of tree snails. Subd. 6. Other rules. In a park no person shall: a) give or offer, or attempt to give to any animal or bird any tobacco, alcohol or other known noxious substance; . b) climb any tree or walk, stand or sit upon monuments, vases, fountains, railing, fences or gun carriages or upon any other property not designated or customarily used for such purposes; c) go on foot or otherwise upon the grass or turf of any park where any prohibitory sign is posted; d) throw or cast any stone or other missile; or e) have in possession bottles or similar glass obj ects other than binoculars and eyeglasses. 830.05. Sanitation. Subdivision l. Pollution of waters. It is unlawful for a person to throw, discharge, or otherwise place or cause to be placed in the waters of . any fountain, pond, lake, stream, bay or other body of water in or adj acent to any park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters. Subd. 2. Refuse and trash. It is unlawful for a person to dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or snow, refuse, or trash in a park except in proper receptacles as permitted by this subdi vis ion. No refuse or trash shall be placed in any waters in or contiguous to any park, nor left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. (Amended Ord. No. 87-589, Sec. 1) 830.07. Traffic. Subdivision l. State motor vehicle laws app ly . All applicable provision of the state motor vehicle traffic laws in regard to equipment and operation of vehicles and the traffic regulations of this code apply in parks. Subd. 2. Enforcement of traffic regulations. Persons in parks shall obey traffic officers and park employees, such persons being hereby authorized and instructed to direct traffic whenever and whereever needed in the parks and on the highways, streets or roads immediately adj acent thereto in accordance with the provisions of this section and such supplementary regulations as may be issued by the park director. . Subd. 3. Traffic signs. Persons in parks shall comply with all traffic signs indicating speed, direction, caution, stopping, or parking, and all other posted for proper control and to safeguard life and property. Hopkins City Code (Rev.), 830.07, Subd. 4 . Subd. 4. Speed of vehicles. No person shall ride or drive a vehicle at a rate of speed exceeding ten miles an hour in a park, except upon such roads as the director may designate, by posted signs, for speedier travel. Subd. 5. Operation confined to roads. No person shall drive a vehicle on any area except the paved park roads or parking areas, or such other areas as may on occasion be specifically designated by the director as temporary parking areas. 830.09. Parking. Subdi vis ion 1. Designated areas. Vehicles may not be parked in o th e r than an established or designated parking area. Such use must be in accordance with the posted directions and with the instructions of any attendant who may be present. - Subd. 2. Full parking. Vehicles may not be full-parked on the road or driveway at any time. In order to enjoy some special natural scenic feature, vehicles may be parked with the two left wheels near the right edge of the paving for not more than 20 minutes. No stopping or parking is permitted even briefly on the left-hand side of any road or driveway. Subd. 3. N i gh t parking. No person shall leave a vehicle standing or parked at night without lights clearly visible for at least 150 feet from both front and rear on any driveway or road area except legally established parking areas. Subd. 4. Emergency procedure. Operators of vehicles shall immediately notify an attendant of an emergency in the nature of a breakdown requiring the assistance of . a tow truck, mechanic or other person. Subd. 5. Double parking. No person may double park any vehicle road on any or parkway unless so directed by a park official. Subd. 6. Muffler required. Motor vehicles in parks must be equipped wi th a muffler adequate to deaden the sound of the engine. 830.11. Bicycles. Subdivision 1. Confined to roads. No person may ride a bicycle in a park on other than a paved vehicular road or path designated for that purpose. A bicyclist may push a bicycle by hand over a grassy area or wooded trail or on a paved area reserved for pedestrian use. (Amended Ord. No. 87-589, Sec. 2) Subd. 2. Operation. No person may ride a bicycle in a park other than on the right-hand side of the road paving as close as conditions permit. Bicycles shall be kept in single file when two or more are operating as a group, Bicyclists must at all times operate their machines with reasonable regard to the safety of others, signal all turns, pass to the right of any vehicle they are overtaking, and pass to the right of any vehicle they may be meeting. . . Hopkins City Code (Rev. ) , 830.11, Subd. 3 . Subd. 3. Rider prohibited, Only one person per seat is pe.:mitted on a bicycle, Subd. 4. Racks. No person may leave a bicycle in a place other than a bicycle rack when such is provided and there ~s a space available, Subd. 5, Immobile bikes. No person may leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may trip over or be injured by them. Subd. 6. Night operation. No person may ride a bicycle on any road or path between ten minutes after sunset and ten minutes before sunrise without an attached headlight plainly visible at least 200 feet in front of, and without a red tail light or red reflector plainly visible from at least 200 feet from the rear of the bicycle. (Amended Ord. No. 87-589, Sec. 2) 830.13. Boating. It is unlawful for any person in a park to: a) Designated areas. Bring into or operate any boat, raft, or other water craft, whether motor-powered or not, upon any waters, except at places designated for boating by the director: such activity shall be in accordance with other applicable regulations. b) Public docks. Use the public docks for dockage or other purpose without first making arrangements for such accommodation with the director, who shall assign space and collect reas.onable rental charges in conformity . with established regulations and rates. c) Operation of boats. Navigate, direct, or handle any boat in such a manner as to annoy or frighten or endanger others unreasonably. d) Prohibition during: closing hours. Launch, dock, or operate any boat of any kind on any waters between the closing hour of the park at night and opening hour the following morning, nor shall any person be on, or remain on or in, any boat during the closed hours of the park. 830.15. Fishing. It is unlawful for any person in a park to fish in any waters by the us e of hook-and-line, net, trap, or other device, except in waters designated by the direc tor for that use and under such regulations and restrictions as have been or may be prescribed by the park director. 830.17. Hunting and firearms. It is unlawful for any person in a park to hunt, trap or pursue wild life at any time. No person shall use, carry, or possess firearms of any description or air rifles, spring guns, bow and arrows (except in an area designated for archery by the director), slings or any other form of weapons potentially inimical to wild life or dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is prohibited. (Amended Ord. 87- 589, Sec. 3) . Hopkins City Code 830.19 . 830.19. Picnic areas and use, Subdivision 1. Regulated. It is unlawful to picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors must comply with any reasonable directions given to achieve this end. Use of the individual fireplaces together with tables and benches follows generally the rule of "first come, first served". Subd. 2. Non-exclusive. It is unlawful for a person to use any portion of the picnic areas or any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person u~e such area and facilities for an unreasonable time if the facilities are crowded, Subd. 3. Dutv of picnicker, Persons may not leave a picnic area before . all fires are completely extinguished and before all trash in the nature of boxes. papers. cans, bottles. garbage, and other refuse is placed in the dis- posal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere, 830.21. Camping, Camping must be conducted in permanent cabins for organized camping provided by the director and used by groups of persons under adequate supervision. No person shall set up tents. shacks. or any other temporary shelter for the purpose of overnight camping. nor shall any person leave in a . park after closing hours any movable structure or special vehicle. to be used or that could be used for such purpose, such as housetrailer, camp-trailer, camp-wagon. or the like, without written permission from the director. 830.23, Games, The playing of games involving thrown or otherwise propelled - obj ects such as balls, stones, arrows, javelins or model airplanes except in areas set apart for such forms of recreation is prohibited. The playing of rough Or comparatively dangerous games such as football, baseball and quoits is prohibited except on the fields and courts or areas provided therefor. Roller skating shall be confined to those areas specifically designed for such pastime. 830,25, Horseback riding, Horses must be ridden on designated bridle trails. Where permitted. horses shall be thoroughly broken and properly restrained, and ridden with due care, and shall not be allowed to graze or go unattended. nor shall they be hitched to any rock, tree or shrub. 830.27. Alcoholic beverages. Subdivision 1. Prohib it ion. Except as provided in this section the possession of alcoholic beverages and the drinking of alcoholic beverages is prohibited jn a park, Beer and wine may be consumed in areas in a park designated by the director or as authorized by permit or license. The term "alcoholic beverage" has the meaning given by Minnesota Statutes. section 340A.101, subdivision 2, Subd. 2. Exceptions. At certain specifically designated recreation centers where meals or lunches are served under concession privileges, the sale of alcoholic beverages by such concessionaire are permitted under the regulation . and control of the director. Sales of alcoholic beverages may be made only in individual drinks (not in original packages or otherwise in bulk) and must be served for consumption solely on the immediate premises of the concession, -.-.- ---- 1 Hopkins City Code (Rev. ) , 830.27, Subd. 3 . Subd. 3. Drunkenness. No person shall enter or remain in a park under the influence of intoxicating liquor. Subd. 4. Beer. No person shall bring beer into a park in kegs, barrels or other bulk tap quantities except by permit issued by the director. 830.29. Fireworks and explosives. Except as otherwise permitted by this code no person may bring or have in his possession, or set off or otherwise cause to explode or discharge or burn, any firecrackers, torpedo I rocket, or other fireworks or explosives of inflammable material, or discharge them or throw them into a path from land or highway adjacent thereto. . 830.3l. Domestic animals. Dogs or other domestic animals are permitted only in such areas as may be clearly marked by signs bearing the words "domestic animals permitted in this area". Nothing herein shall be cons trued as permitting the running of dogs at large. Dogs in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than eight feet in length. (Amended Ord. No. 87-589, Sec. 4) 830.33. Reservation of facilities. No person four years of age or older may occupy any seat or bench, or enter into or loiter or remain in any pavilion or other park structure or section thereof which may be reserved and designated by the board for the use of the opposite sex. 830.35. Other rules. No person in a park may: . a) Alms. Shall solicit alms or contributions for any purpose, whether public or private. b) Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the director. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material, within any park area or on any highway. road or street abutting or contiguous thereto. c) Closed areas. Enter an area posted as "closed to the public" I nor shall any person use, or abet the use of any area in violation of posted notices. d) Games of chance. Gamble, or participate in or abet any game of chance. e) Going onto ice. Go onto the ice on any of the waters except such areas as are designated as skating fields, and provided a safety signal is displayed. . \ Hopkins City Code (Rev.), 830.37 . g) Loi tering and boisterousness. Engage in loud, boisterous, threatening, abusive,insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace. h) Exhibit permits. Fail to produce and exhibit any permit from the director upon request of any authorized person who desires to inspect the same for the purpose of enforcing compliance with any provisions of this code or rule of the director. i) Interference with permittees. Disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity, under the authority of a permit. 0 (Amended Ord. No. 87-599) 830.37. Merchandising, advertising and signs. The following acts are prohib i ted in a park: a) Vending and peddling. Exposing or offering for sale any article or thing, or stationing or placing any stand, cart, or vehicle for the transportation, sale or display of any such article of thing, except by a regularly licensed concessionaire acting by and under the authority and regulation of the park director. b) Advertising. Announcing, advertising, or calling the public attention in any way to any service for sale or hire. . c) Signs. Pasting, gluing, tacking or otherwise posting any sign, placard, advertisement, or inscription whatever, erecting or causing to be erected any sign whatever on any public lands, parks or highways or roads adj acent to a park. 830.39. Park operating policies. Subdivision l. Hours. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall be posted therein for public information. Subd. 2. Closed areas. Any section or part of any park may be declared closed to the public by the park director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the park director shall find reasonably necessary. Subd. 3. Lost and found articles. The finding of lost articles by park attendants shall be reported to the director who shall make every reasonable effort to locate the owners. The park director shall make every reasonable effort to find articles reported as lost. 830.41. Activities: permit. Subdivision l. Permit. A permit shall be obtained from the director before participating in any of the following park activities: carnivals; community celebrations; gatherings of 25 or more persons including picnics and political gatherings; activity contests including those requesting exclusive use . or charging admission; and exhibitions either as a stage production or otherwise. f - Hopkins City Code 830,41, Subd. 2 . Subd. 2. Application. A person seeking issuance of a pend t under this subsection shall file an application with the director. The application shall state: a) the name and address of the applicant; b) the name and address of the person, persons, corporation or asso- ciation sponsoring the activity, if any; c) the day and hours for which the permit is desired; d) the park or portion thereof for which such permit is desired; . e) an estimate of the anticipated attendance; and f) any other information which the director shall find reasonably neces- sary to a fair determination as to whether a permit should be issued, Subd. 3. Permits; standards, The park director shall issue a permit hereunder when he finds: a) that the proposed activity or use of the park will not unreasonably interfere \.lith or detract from the general public enjoyment of the park; .i b) that the proposed activity or use of the park will not unreasonably interfere with or detract from the promotion of public health, wel- fare, safety and recreation; c) that the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct; d) that the proposed activity will not entail unusual extraordinary or burdensome expenses or police operation by the city; and e) that the facilities dEsired have not been reserved for other use at the day and hour required in the application, Subd, 4. Appeal. Within five days after receipt of an application, the park director shall apprise an applicant in writing of reasons for refusing a permit. An aggrieved person may appeal in writing wi thin five days to the council, which shall consider the application under the standards set for in subdivision 3 hereof and sustain or overrule the director's decision within five days. The decision of the council is final. Subd. 5. Effect of permi to A permittee is bound by all park rules and regulations and all applicable provisions of this section fully as though the same were contained in the permit, Subd. 6. Liability of permit tee. The permittee is liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of e) the permittee, '-- . Hopkins City Code 830.41, Subd. 7 e Subd, 7, Revocation. The park director may revoke a permit upon a finding of violation of any rule or provisions of this code, or upon good cause shown. 830,43. Rules and regulations, The director may from time to time to make and establish rules and regulations, either emergency, temporary or permanent, concerning the use of any park or parks or any part thereof. The rules and regulations shall be posted at the entrance to any park thus regulated or in one or more conspicuous places therein and such rules or regulations thus posted shall have the same force and effect as though they were a part of this section. 830.45. Penalty. Violation of a regulatory provision of this section is a petty misdemeanor. . .' e;