Loading...
VII.2. First Reading Ordinance Amending Chapter 32 of the Hopkins City Code relating to Parks and Recreation; Imihy CITY OF HOPKINS City Council Report 2025-033 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Laila Imihy, Special Projects and Initiatives Manager Date: March 4, 2025 Subject: First Reading of Ordinance 2025-1224 Amending the City Code relating to Parks and Recreation _____________________________________________________________________ RECOMMENDED ACTION MOTION TO Approve for First Reading Ordinance 2025-1224 Amending the Hopkins City Code relating to Parks and Recreation. OVERVIEW As a part of their 2024 work plan, the Hopkins Park Board formed a working group to review the City Code relating to Parks and Recreation to update the text with any language that may be outdated or incongruent with City policies or State law. The group of Park Board members worked with City Staff and met with community groups such as Access Hopkins to gain feedback on the changes. The result is several text changes to the City Code, Chapter 32, Parks and Recreation which modernize this chapter of the City’s code. Examples of these changes include: • Clarifying who can make decisions relating to the parks. The City’s Park and Recreation Director, Kelly O’Dea offices at the City of Minnetonka, meaning he is not always the best person to carry out a task such as returning a lost item. In many cases, language here has been updated to “the park director or their designee,” to allow for Hopkins Staff to make more decisions. • Aligning with current law enforcement practices and state laws. The code currently contains outdated language on the level of violation an officer would issue for a violation of the Code. Additionally, the code prohibits the carrying of firearms in the parks which is a violation of state statute. • Clarifying that items such as signage and alcohol use must also follow established city permitting processes. Tonight, Staff seeks a motion to approve the proposed changes and adopt Ordinance 2025-1224 for a first reading. SUPPORTING INFORMATION • Ordinance 2025-1224 Administration CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2025-1224 AMENDMENT OF THE HOPKINS CITY CODE, CHAPTER 32 The City Council of the City of Hopkins, upon recommendation of and from the Hopkins Park Board does hereby ordain and thus amend and adopt the following changes, deletions, and amendments of or from the following chapters and sections of the Hopkins City Code of Ordinances: SECTION 1. Section 32.1 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Park means an open or enclosed space, area, or facility wherever located which is owned, operated or controlled by the city or located within the city, but owned, operated or controlled by another political body 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 "park" includes parking lots, paths or roadways appurtenant to or used therewith and further includes the definition of passive open space. Park means any open space, area, playground, swimming pool, lake, pond, stream, trail, nature area, or recreation center. It shall also mean any other property owned, leased, used, or controlled, wholly or partly, by the city for park and recreation use. Park director or director means the department director to whom the specific duties have been assigned by the city manager. Passive open space means an open space designated or intended only for passive recreation activities such as walking paths and the observation of wildlife. Picnic shelter area means that portion of a park facility containing a picnic shelter and picnic tables and all areas within 50 feet of the shelter and tables. Vehicle means a wheeled conveyance, machine whether motor powered, animal- drawn, or self-propelled; the term includes any trailer in tow towing of any kind and snowmobiles, but not city, state or state -authorized vehicles or wheelchairs and other power-driven mobility devices. SECTION 2. Section 32.2 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32-2. Violations constitute misdemeanors. All visitors on park property must observe and follow posted signs stating park policies. Violation of a regulatory provision or posted policies in of this section is a petty misdemeanor. SECTION 3. Section 32.23 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32-23. Authority of director to promulgate add additional rules. The director may from time to time make and establish rules and regulations, either emergency , temporary or permanent, concerning the use of any park 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. To protect public health, safety and welfare, and to preserve the property of the city, the director is authorized and directed to establish additional written regulations which shall define the procedures to be followed in the use of the parks. Whether th is would be permanent or temporary. The rules and regulations shall be posted at the entrance to any park. SECTION 4. Section 32 -26 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32 -26. Lost and found articles. The finding of lost articles by park attendants shall be reported to the director, or their designee who shall make every reasonable effort to locate the owners. The park director The parks and recreation department shall make every reasonable effort to find articles reported as lost. SECTION 5. Section 32 -28 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32-28. Pollution of waters. It is unlawful for a person to throw or discharge or otherwise place or cause to be placed into the waters of any fountain or , pond, lake, stream, bay or other body of water in or adjacent 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. Pollution has meaning per Minnesota State Statute 116.06. SECTION 6. Section 32 -29 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32-29. Littering; 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 division. 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. Rubbish, waste, and trash must be placed in the proper receptacle or carried out of the park properly to be disposed of elsewhere. SECTION 7. Section 32 -30 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32-30. Merchandising, advertising and signs. The following acts are prohibited in a park: (1)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 or thing, except by a regularly licensed concessionaire acting by and under the authority and regulation of the park director or as permitted by an approved special event permit or an approved park use agreement. (2)Advertising. Announcing, advertising or calling the public attention in any way to any service for sale of hire, without prior authorization from the director. (3)Signs. Pasting, gluing, tacking or otherwise posting any signs, placard, advertisement, or inscription whatever, erecting or causing to be erected any sign, whatever on any public lands, parks or highways or roads adjacent to a park, without prior authorization from the director and in compliance with an approved sign permit. SECTION 8. Section 32 -34 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32-34. Restrooms or Washrooms. It is unlawful for a person to fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of four years shall use the restrooms and washrooms designated for the opposite sex. SECTION 9. Section 32 -35 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32-35. Games. The playing of games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes aircrafts except in areas set apart for such forms of recreation is prohibited. The playing of rough or comparatively dangerous games such as golf, football, baseball and soccer is prohibited except on the fields and courts or areas provided therefor. Inline skating and skateboarding shall be confined to those areas specifically designed for such pastimes. SECTION 10. Section 32 -38 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32-38. Domestic Animals. No animals other than dogs are permitted in parks. All animals within parks must be leashed . Dogs are permitted only in such areas as may be clearly marked by the signs bearing the words "leashed dogs are allowed on trails and open areas only." Nothing herein shall be construed 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. No person may walk more than two dogs in a city park at one time. Service animals and police dogs are exempt from these restrictions. SECTION 11. Section 32 -39 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32-39. Fishing. It is unlawful for any person in a park to fish in any waters by the use of hook-and-line, net, trap, or other device, except in water designated by the director for that use, and under such regulations and restrictions as have been or may be prescribed by the park director. Fishing by the use of hook-and- line, net, trap, or other device, is only allowed in designated areas and must follow state laws governing fishing. SECTION 12. Section 32 -40 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32-40. Tampering with wildlife; hunting and trapping prohibited. (a)It is unlawful for a person to hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw objects at an animal, reptile or bird or 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. It is unlawful for any person in a park to pursue wildlife at any time. (b)No person shall give or offer, or attempt to give to any animal or bird any tobacco, alcohol or other known noxious substance. SECTION 13. Section 32 -41 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32-41. Firearms. No person shall use, carry, or possess discharge firearms of any description or air rifles, spring guns, bow and arrow (except in an area designated for archery by the director), slings or any other form of weapons potentially inimical to wildlife 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. SECTION 14. Section 32 -44 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32-44. Alcoholic Intoxicating Beverages. (a)Prohibition. Except as provided in this section, the possession of alcoholic intoxicating beverages and the drinking of alcoholic beverages is prohibited in a park. Beer and wine may be consumed in Central Park, Shady Oak Beach, Burnes Park and Valley Park in areas designated by the director by permit only. The term "alcoholic beverage" has the meaning given by M.S.A. § 340A.101. No person shall bring beer into a park in kegs, barrels or other bulk tap quantities except by permit issued by the director. (b)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 in accordance with City and State liquor laws and with approval of the necessary permits. under the regulation and control of the director. Sale 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. (c)Drunkenness. No person shall enter or remain in a park under the influence of intoxicating substances liquor. SECTION 15. Section 32 -62 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32-62. Operation Requirements. (a)State motor vehicle laws apply. All applicable provisions 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. (b)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 wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with provisions of this section and such supplementary regulations as may be issued by the park director. (c)Traffic signs. Persons in parks shall comply with all traffic signs indicating speed, direction, caution, stopping, or parking, and all other signs posted for proper control and to safeguard life and property. (c d)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. (d e)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 except as otherwise provided for semi-annual trash drop-offs. SECTION 16. Section 32 -64 – Parks and Recreation is amended by adding the underlined language and deleting stricken material as follows: Section 32-64. Bicycles. (a)Confined to roads. No person may ride a bicycle in a park other than on a paved vehicular road or path designated for that purpose. A bicyclist must push a bicycle by hand over a grassy area or wooded trail or on a paved area reserved for pedestrian use unless prohibited by appropriate posting. (b)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. (c)Rider prohibited. Only one person per seat is permitted on a bicycle. (c d)Racks. No person may leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available. Bicycles shall not be left lying on the ground or paving or set against trees, or in any place or position where other persons may trip over to be injured by them. (e)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 to be injured by them. (d f)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 taillight or red reflector plainly visible from at least 200 feet from the rear of the bicycle. SECTION 17. The effective date of this ordinance shall be effective 90 days after publication. First Reading: March 4, 2025 Second Reading: March 18, 2025 Date of Publication: March 27, 2025 Date Ordinance Takes Effect: March 27, 2025 By_____________________ Patrick Hanlon, Mayor ATTEST: _______________________ Amy Domeier, City Clerk