CHAPTER 17

                                                                PUBLIC PARKS

 

Page

   1       17.01   Regulation of Parks

   1       17.02   Offenses Within Parks

   3       17.03   Regulations, Reservations, and Permits

   5       17.04   Hours of Use:  Leaving Property

   5       17.05   Penalty

 


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  December 22, 1997]

 

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

 

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

 

(d)                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.

 

(e)                Operate a snowmobile "all terrain vehicle" or "mini-bike" 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.

 

(f)                 Remove, destroy, cut, deface or injure any tree, shrub or plant existing in any Town park.


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

 

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

 

(i)                  Operate any vehicle faster than 10 m.p.h. in any park in the Town. [Amended December 22, 1997]

 

(j)                  Operate any vehicle except on established roads or driveways within any park in the Town.  [Revised July 24, 2000]

 

(k)                Utilize the Town recreational trails with an unleashed animal(s). Pet owners must adhere to 9.04(10) in the Town Municipal Code Book, in regards to the proper removal of animal excreta.  Animals, leashed or unleashed, are not allowed in any park in the Town.  [Revised May 5, 2003]

 

(l)                  Carry any firearm or weapon in any park in the Town. Firearms may be transported over recreational trails if cased and on crossing driveways. [Revised July 24, 2000]

 

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

 

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

[Revised July 24, 1998]

 

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

 

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

 

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

 

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

 

(s)                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.

 

(t)                 It is unlawful to hit any type of golf ball in or into any Town of Menasha Park. [Effective Date March 1, 1988]

 

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

[Amended December 22, 1997]

 

(v)                Use any indecent, vile, profane or obscene language or conduct themselves in an indecent, lewd, lascivious or obscene manner within the Town parks and recreation trails.  [Created May 5, 2003]

 

(w)              Violate any Town ordinance, including but not limited to, any State Statute adopted by the Town of Menasha.  [Created May 5, 2003]

 

17.03      REGULATIONS, RESERVATIONS AND PERMITS [Amended Oct. 27, 2003]

 

(1)                The Town of Menasha Park Commission shall have the authority to regulate the use of the parks during certain hours in order to facilitate persons, groups, or others in such a manner as to make the most efficient use of the parks on behalf of Town residents.  The Director of Parks and Recreation shall have the authority to close the park or any portion thereof, in order to maintain public peace and to regulate the use of areas where the health and safety of park users is in danger.

 

(2)                No group, association, gathering or other assembly of persons in excess of 15 in number shall make use of the park pavilion facilities without first obtaining a permit.

 

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

 

(a)                Park pavilion permits shall be issued on a first-come, first-served basis no earlier than eleven months prior to rental date.

 

(b)                The permit fees (Effective Date – January 1, 2004) are hereby established as follows:

 

$  55.00               Permit for groups 1 - 75

$130.00   Permit for groups 76 - 150

$210.00   Permit for groups over 150

 

Nonprofit organizations will be charged half of the regular fee and the reservation/damage deposit as detailed in (c) shall be waived. Any additional cleanup or damage will be charged to the organization.  The kitchen and volleyball fee shall not be waived or reduced.

 

(c)                A refundable reservation/damage deposit of $50 is required to reserve a park pavilion on any given date.  The pavilion reservation form must be completed and the deposit must be paid in order to secure the rental date.  The balance of the rental fees are due 2 weeks prior to rental date.  Failure to comply will result in the cancellation and forfeiture of reservation/damage deposit.

 

(d)                Renters must be 21 years of age or older to rent facilities.  If renters are planning an event that is designed for children, proper supervision must be secured.  Events for children ages 14 and below must be supervised at a 1 to 15 ratio.  Events for young adults’ age 15 to 21 must provide supervision at a ratio of 1 to 25.  At the time of rental confirmation, names and ages must be provided of those supervising an event for minors.

 

(e)                Cancellation of reservations must be done forty-eight (48) hours in advance of the scheduled rental time by notifying the Parks and Recreation Office and receiving confirmation of the rental contract.  Failure to do so will result in forfeiture of the rental fee.

 


(f)                 Reservation/damage deposit refunds shall be processed on the first business day following the event or upon return of rental equipment/key.  If substantial cleanup or damage occurs, these costs will be deducted from the reservation/damage refund.  A letter itemizing the deductions will be sent to the renter.

 

(g)                A park pavilion permit is for use of the pavilion only.   Park pavilion fees are non-refundable and non-transferable in the case of bad weather conditions or change of plans.

 

(h)                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 stated park use:

 

 

(1)                Substantial disturbance would be caused to residents and/or other park users.

 

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

 

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

 

(i)                  That during the months of June, July and August, when the parks and baseball diamonds are being used by organized summer 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 the first priority to use the baseball and/or soccer fields at O'Hauser, Fritsch, Palisades and Wittmann Parks.

 

(j)                  Sales of beer cannot be made on Town of Menasha 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 at least six (6) weeks prior to the rental.

 

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

 

(l)                  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.

 

(m)              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 and securing necessary permits from the Town Clerk.

 


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

 

(o)                Sale of concessions and all other goods on or about the park property is prohibited without first obtaining written permission from the Park Commission and securing necessary permits from the Town Clerk.

 

(p)                Portable inflatable bouncy toys and dunk tanks will be permitted with proof of insurance naming the Town of Menasha as additionally insured.  Renters will be charged for water and staff hours needed to fill the tank.

 

(3)                No person shall possess or consume beverages such as beer, wine, liquor, or any other form of beverage, packaged in a glass container of any form.  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 project any type of sound if the sounds are inaudible beyond a twenty-foot radius of said automobile.

 

(5)                Renter shall abide by all established park rules.

 

(6)                The penalty for a violation of either Subsection (4) or Subsection (5) 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 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 Town recreational trails, which may be used anytime. [Amended May 5, 2003]

 

(2)                No person shall leave unattended any motor vehicle, mini-bike, 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 of prosecution are paid, but not to exceed thirty (30) days. Violation of the above rules and regulations may also result in expulsion from all Town parks for a period of up to one (l) year, as determined by a Court of competent jurisdiction.

[Amended May 5, 2003]