CHAPTER 17

PUBLIC PARKS

17.01 REGULATION OF PARKS

(1) Recreation trails in the Town of Menasha shall be considered linear parks and shall be included in the following ordinance. [Amended 12/22/97]

(2) That the public parks owned and managed by the Town of Menasha shall be governed by the following rules and regulations, and by additional rules and regulations made and published upon the park premises by the Park Commission of the Town of Menasha as the Park Commission shall see fit to further regulate said parks. That the power to regulate said parks in addition to the restrictions contained in this Ordinance shall be delegated to the Park Commission subject to approval of the Town Board of the Town of Menasha.

(3) The Park Commission shall have the authority to pass by majority vote rules that shall apply in the park. Those rules shall then be approved by a majority of the Town Board. Those rules shall thereafter be posted at the entrance to the park to which the rule applies. The posting shall be printed in a legible manner, and a warning shall be posted with such rules that a violation of that rule so passed and posted shall be considered a violation of this Ordinance and shall be punishable by the penalty provided herein.

17.02 OFFENSES WITHIN PARKS

(1) No person shall:

(a) Alter or change or cause to be altered or changed anything within any park of the Town unless permitted to do so by the Park Commission.

(b) Willfully injure, cut down or destroy any fruit, shade or ornament tree or shrub standing or being within any park of the Town.

(c) Interfere with, break down, deface or remove, or cause to be interfered with, broken down, defaced or removed, any sign, guard, protection, barrier or barricade place in any park of the Town.

(d) Disobey or disregard the orders of any police officer when commanding any person to cease in a violation of any provisions of this section.

(e) Discharge any missile from any firearm, sling shot, bow and arrow or other weapon within the park or within forty rods (660 feet) of any public park.

(f) Operate a snowmobile "all terrain vehicle" or "minibike" within any park of the Town except where the Park Commission shall, by the posting of official signs, designate trails for allowed use within a park.

(g) Remove, destroy, cut, deface or injure any tree existing on any public park in the Town.

(h) Attach any rope, wire, chain, sign or any other device whatsoever to any tree in any park in the Town.

(i) Place or leave rubbish of any nature within any park in the Town.

  1. Operate any vehicle faster than 10 m.p.h. in any park in the Town.

[Amended 12/22/97]

(k) Operate any vehicle except on established roads within any park in the Town.

(l) Leashed animals shall be allowed only on County CB and Highway 10 recreational trails. Pet owners must adhere to 9.04(10) in the Town Municipal Code, in regards to the proper removal of animal excreta. Animals, leashed or unleashed, are not allowed in any other park in the Town.

(m) Carry any firearm or weapon in any park in the Town. [Revised 7/24/98]

(n) Hunt or trap within any park in the Town.

(o) Park any vehicle except in the designated area in the Town of Menasha parks.

[Revised 7/24/98]

(p) Build or cause to be built fires other than in established stationary fireplaces or in portable grills.

(q) Leave unattended any fire legally maintained in any park in the Town.

(r) Be allowed in any park in the Town while under the influence of intoxicants in the form of alcoholic beverages or drugs.

(s) Distribute any circulars, pamphlets, handbills or notice of any kind within any park in the Town.

(t) Injure, destroy, deface any property within any park in the Town; nor shall any person climb on any buildings, fences, statues or other structures in any park in the Town except properly designated recreational facilities.

(u) It is unlawful to hit any type of golf ball in or into any Town of Menasha Park.[Effective Date 3/1/88]

(v) No horses shall be allowed on any recreational trail in the Town of Menasha.

[Amended 12/22/97]

17.03 REGULATIONS, RESERVATIONS AND PERMITS

(1) The Town of Menasha and the Park Commission of the Town of Menasha shall have the authority to regulate the use of certain portions of the park during certain hours in order to facilitate persons, groups, or others in such a manner as to beneficially make the most efficient use of the said park on behalf of said residents. The park superintendent shall have

the authority to close the park or any portion thereof in order to maintain public peace and order to regulate the use of areas where, in his opinion, the health and safety of park users is in danger.

(2) No group, association, gathering or other assembly of persons in excess of 10 in number shall make use of the park pavilion facilities without first obtaining a permit to use the park as such group. Application shall be made on forms provided by the Park Department and the said application shall be made 10 days in advance of the intended use. The requirement for the park permit shall also apply to any person or persons entertaining or performing in a park which would cause a gathering in excess of 25 people.

The park permit fees and rules regarding the Park Commission's issuance of such permits are as follows:

(a) Park permits shall be issued on a first-come, first-served basis.

(b) The permit fees (Effective Date - 1/1/90) are hereby established a s follows:

$ 35.00 - permit for 1 - 50 people

$ 60.00 - permit for 51 - 75 people

$100.00 - permit for 76 - 100 people

$125.00 - permit for 101 - 150 people

$175.00 - permit for 151 - 200 people

$200.00 - permit for 201 people and over

Town of Menasha nonprofit organizations will be charged $25.00 per day. Any cleanup or damage will be charged to the party taking out the permit. In addition, $25.00 shall be charged for kitchen rental regardless of number of people on permit.

(c) Permit issuance and use is for the park shelters only and will not be refunded or altered due to weather conditions or changes of plans.

(d) The Park Commission reserves the right to refuse a permit to any group or persons making applications for such permit when it reasonably believes any of the following may result or occur from the said park use:

(1) That a disturbance would be created to a substantial portion of others using the park.

(2) Substantial disturbance would be caused to people and/or residents in and about the park area.

(3) That the purpose of the gathering is solely for the consumption of alcoholic beverages and the Commission reasonably believes said gathering could end with disturbances and damages to the park.

(4) Where previous uses by the group applying for such permit have resulted in disturbances of any nature such as is outlined above.

  1. That during the months of June, July and August, when the parks and baseball diamonds are being used by organized summer playground programs, no permits for

picnics shall be available until after the hour of 4:00 p.m. Mondays through Thursdays. The Park Commission has granted permission for the use of the parks to baseball and soccer leagues, which have first priority on baseball and soccer fields at O'Hauser, Fritsch, Palisades and Wittmann Parks.

(f) Sales of beer cannot be made on or about the park property without first obtaining written permission from the Park Commission and thereafter applying for an application from the Town Clerk and approval granted by the Town Board.

[Revised 1/13/97]

An application for a beer license should be in written form to the Park Commission and Town Clerk at least six (6) weeks before the beer license is required.[Revised 1/13/97]

(g) Overnight camping in any Town park is prohibited.

(h) No person shall establish, erect or use any temporary structures, such as tents, covers, or other temporary structures in any Town park, unless previous written permission is given by the Park Commission.

(i) No person shall establish any carnival rides, whether miniature or otherwise, or conduct any business for entertainment in the parks without first obtaining written permission from the Town Park Commission.

(j) The Park Board may require a bond to be filed by the applicant to indemnify the Town for damages for actions for liability against the Town and also for damage to Town property. The Park Board may establish additional rules for the use of the permit.

(k) Sale of concessions and all other goods on or about the park property is prohibited without first obtaining written permission from the Park Commission.

[Adopted 7/24/98]

(3) No person shall possess to consume beverages such as beer, wine, liquor, or any other form of beverage, packaged in a glass container of any form, including but not limited to, bottles, jugs, jars, cups, drinking glasses, or any other such similar container. This rule does not prohibit the possession or consumption of beverages packaged in containers other than glass.

(4) No person shall possess or operate any sound amplification equipment on park property, including but not limited to, loud speakers and amplifiers, whether such equipment consists of self-contained units or are incorporated into sound systems used in automobiles, radio receivers, or any other sound reproduction components, subject to the exceptions set out below:


(a) It shall not be a violation of this ordinance if the person possessing or using sound amplification equipment on park property has first obtained a written permit from the Town of Menasha Park Commission specifying the date, time, and purpose for which sound amplification equipment can be used.

(b) It shall not be a violation of this ordinance for any person to play radios or tape player equipment inside an automobile, the doors of which are closed, which automobile is either in motion, or in the case of an automobile at rest, is not a violation if the sounds emitted from such equipment are inaudible beyond a twenty-foot radius of said automobile.

(5) The penalty for a violation of either Subsection (3) or Subsection (4) of this ordinance shall be as indicated in Section 17.05.

17.04 HOURS OF USE: LEAVING PROPERTY

(1) The parks of the Town of Menasha shall be open from 7:00 a.m. each morning until 10:00 p.m. All parks in the Town of Menasha shall be regulated in such manner that any person found upon a park premises after 10:00 p.m. or before 7:00 a.m. shall be deemed guilty of violating the regulation with regard to hours herein. This rule shall not apply to County CB and Highway 10 recreational trails, which may be used anytime. [Amended 12/22/97]

(2) No person shall leave unattended any motor vehicle, minibike, snowmobile or other motorized vehicle, whether designed for on or off highway travel, and no person shall leave unattended or abandon any item of personal property on the premises of any park after the hours of 10:00 p.m. of any day. The police may remove any property or vehicle so left in the park pursuant to the rules and regulations under Chapter 4.04 of this Code.

17.05 PENALTY

Any person who shall violate any provision of this Chapter shall upon due conviction thereof forfeit no less than $25.00 nor more than $200.00 for each such offense together with the costs of prosecution, and default of the payment of such forfeiture and costs, shall be imprisoned in the County Jail until said forfeiture and costs, shall be imprisoned in the County Jail until said forfeiture and costs of prosecution are paid, but not to exceed thirty (30) days.