Memo- Amendment of Section 830 Hopkins City Code Parks & Rec AreasCity of Hopkins
Memorandum
To: Honorable Mayor and City Council
Copy:
From: Jim Gessele, Engineering
Date: September 14, 1998
Subject: Amendment of Section 830 Hopkins City Code
Parks and recreational Areas
ENGINEERING
At its August 18 meeting Council considered for first reading proposed amendments to
the Parks and Recreational Areas Section of the City Code. Staff needed additional
input from the MPCA concerning code revision because of the City's request to
consider the Hopkins Landfill as a passive open space. The MPCA has made a few
minor additions to the original draft and the City Attorney has made a second sweep
through ordinance language to clean up ambiguities.
Staff recommends adoption of Ordinance 98 -816 after second reading.
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 98-816
AN ORDINANCE AMENDING SECTION 830
OF THE HOPKINS CITY CODE
The City Council of the City of Hopkins does hereby ordain:
SECTION 1. That the Hopkins City Code Section 830, Parks and Recreation Areas, is amended to
read as follows:
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ecti . n 830 -
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830.01. Definitions. Subdivision 1. 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 director is responsible for the enforcement of this section.
Subd. 3. "Park" means an open or enclosed space, area, or facility wherever located which
is (i) 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 z t he r n clu c es the
recrea
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assive
au " y "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
had city, ;r F vehicles.
830.03. Park rules. Subdivision 1. Disfiguration and removal. It is unlawful for a person to mark,
deface, disfigure, injure, tamper with, or displace or remove, any buildings, bridges, tables, benches,
fireplaces, railings, paving or paving material, water line or other public utilities or parts or
appurtenances 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 appurtenances whatsoever, either real or personal.
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 condition. No person over the age of
four years shall use the restrooms and washrooms designated for the opposite sex.
Subd. 3 Removal of nature 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 fora 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.
Subd. 5 Hunting. It is unlawful for a person to (i) hunt, molest, harm, frighten, kill, trap,
chase, tease, shoot or throw ' = 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.( o
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;
bej go on foot or otherwise upon the grass or turf of any park where any prohibitory sign
is posted;
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throw or cast any stone or other • or
have in possession bottles or similar glass objects other than binoculars and
eyeglasses.
830.05. Sanitation. Subdivision 1. 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 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.
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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 subdivision. 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, Subd. 2)
830.07 Traffic. Subdivision 1. State motor vehicle laws .apply. 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
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.
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.
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
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designated by the director as temporary parking areas p th se pro i e for semi annu
tr as
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830.09. Parking. Subdivision 1. Designated areas. Vehicles may not be parked in other 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. Night 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. Emergency procedures. 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. 341 Double parking. No person may double park any vehicle on any road or parkway
unless so directed by a park official.
Subd. Muffler. required. Motor vehicles in parks must be equipped with 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 must push a
bicycle by hand over a grassy area or wooded trail or on a paved area reserved for pedestrian use
s fiprr to 1
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t►.• . to 101 i 4 �t!�!1I
(Amended Ord. No. 87 -589 Subd. 1)
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.
Subd. 3. Rider prohibited. Only one person per seat is permitted 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 is 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 to 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, Subd. 6).
830.15. 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.
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 arrow (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.)
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 use such area and facilities for an unreasonable time if the facilities are
crowded.
Subd. 3. Duty 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 disposal 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. damping.
. 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.
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830.23. Games. The playing of games involving thrown or otherwise propelled objects 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 golf,
football, baseball and quoitsocce ,his prohibited except on the fields and courts or areas provided
therefor. Relleggliiskatin
designed for such pastimes.
830.25. Horseback. riding. Horses
shall be confined to those areas specifically
830.27. Alcoholic beverages. Subdivision 1. Prohibition. Except as provided in this section the
possession of alcoholic beverages and the drinking of alcoholic beverages is prohibited in 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. 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.
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, rocket, or other fireworks or explosives of inflammable material, or discharge
them or throw them into a path from land or highway adjacent thereto.
830.31. Domestic animals. Dogs or other domestic animals are permitted only in such areas as may
be clearly marked by the signs bearing the words "domestic animals permitted in this area ". Nothing
herein shall be construed as permitted 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 fee
in length (Amended Ord. No. 87 -589)
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830.35. Other rules. No person in a park may:
0,e) Closed areas. Enter an area posted as "closed to the public ", nor shall any person use,
or abet the use of any area . in violation of posted notices.
d) Gamcs of chancc. Camblc, or participatc in or abet any gamc of chancc.
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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
Going onto icc. Go onto thc icc on any of thc watcrs cxccpt such arcas as arc
Loitering 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.
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.
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 (Amended Ord. No. 87 -599)
830.37. Merchandising, advertising and signs. The following acts are prohibited 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 0 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 of hire, withoutpror authori from the director.
igns. 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
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830.39. Park operating policies. Subdivision 1. 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 1. Permit. A permit shall be obtained from the director
before participating in any of the following park activities: carnivals, community celebrations;
gathering 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.
Subd. 2. Application. A person seeking issuance of a permit 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 association 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
0 any other information which the director shall find reasonably necessary 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 th
rectorhe finds:
a) that the proposed activity or use of the park will not unreasonably interfere with or
detract from the general public enjoyment of the park;
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that the proposed activity or use of the park will not unreasonably interfere with or
detract from the promotion of public health, welfare, safety and recreation;
c) that the proposed activity or use is not reasonably anticipated to incite violence,
crime or disorderly conduct;
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 within 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 permit. A permittee is bound by all park rules and regulations and all
applicable provisions of this section fully as though the same was contained in the permit.
Subd. 6. Liability of permittee.. The permittee is liable for any loss, damage or injury
sustained by any person whatever by reason of the negligence of the permittee.
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 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.
SECTION 2. The effective date of this ordinance shall be twenty days after publication.
First reading: August 18, 1998
Second reading: September 15, 1998
Date of Publication: September 23, 1998
Date Ordinance Takes Effect: October 13, 1998
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Charles D. Redepenning, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
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