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Part 51
51.000 CONDUCT IN CITY PARKS* Ord. No. 65 Adopted: June 9, 1987
---------- *Cross reference(s)--Conduct of individuals, Pt. 50; animal control generally, Pt. 60; noise control, Pt. 72. ----------
An ordinance to regulate the control of conduct in City
parks.
THE CITY OF READING ORDAINS THAT:
51.001 Purpose.
Sec. 1. The purpose of this Ordinance is to provide rules
and regulations for the use of and conduct in the parks and
recreation areas of the City.
51.002 Definitions.
Sec. 2. The term Park is defined as any property owned by
the City of Reading which is used for recreational purposes, or
public property used by the City of Reading for recreational
purposes.
51.003 Uses and prohibited acts.
Sec. 3.
A. It shall be unlawful for any person in a park to:
1. Mark, deface, disfigure, injure, tamper with or
displace or remove any buildings, tables, benches,
fireplaces, grills, light poles, fountains, trees,
playground equipment, public utilities or parts,
or appurtenances thereof, signs, notices or
placards, whether temporary or permanent,
monuments, flagpoles, stakes, posts, fences or
other boundary markers, or other structures or
equipment, facilities, or park property, or
appurtenances whatsoever, either real or personal.
2. Hunt, molest, harm, frighten, kill, trample,
pursue, chase, tease, shoot or throw missiles at
any animal, wildlife, reptile or bird; nor shall
he remove or have in his possession the young of
any wild animal, or the eggs or nest or young of
any reptile or bird. Exception to the foregoing is
made in that snakes known to be dangerous may be
killed on sight.
3. Carry or discharge firearms of any description,
slingshots, shoot arrows, discharge fireworks,
firecrackers, rockets or any other types of
fireworks, or anything containing the substance of
any explosive or inflammatory nature.
4. Dig or remove any soil, rock, sand, stones, trees,
shrubs, or plants or other wood or materials, or
make any excavation by tool, equipment or other
means or agency.
5. Damage, cut, carve, mark, transplant or remove any
plant or injure the bark, or pick flowers or seeds
of any tree or plant, dig or otherwise disturb
grass areas, or in any other way injure the
natural beauty or usefulness of any area.
6. Attach any rope or cable or other contrivance to
any tree, fence, railing, bridge, bench, or other
structure.
7. Take into, carry through or put into any park, any
rubbish, refuse, garbage or other material. Such
refuse and rubbish shall be deposited in
receptacles so provided. Where receptacles are not
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.
8. Do or perform any unlawful act, make or excite any
disturbance or contention.
9. Engage in threatening, abusive, insulting or
indecent language or engage in any disorderly
conduct or behavior tending to breech the public
peace.
10. Walk a dog or other domestic animal without a
leash, said leash to be no longer than 6 feet.
Further, the owner or person having custody of
said dog or domestic animal shall be responsible
for the removal of any animal solid waste.
11. Drive any vehicle on any area except the park
roads or parking areas or such other areas as may
on occasion be specifically designated as
temporary areas.
12. Leave a vehicle standing or parked in an
established parking area or elsewhere in the park
during hours when the park area is closed.
13. Kindle, build, maintain or use a fire except in
places provided for such purposes. Any fire shall
be continuously under the care and direction of a
competent person from the time it is kindled until
the time it is extinguished. No person shall throw
away or discard any lighted match, cigar,
cigarette, tobacco, paper or other materials
within or against any building, vehicle, or under
any tree or in any underbrush.
B. No person shall do any of the following in any park
without a permit, provided that no permit shall be
required for any action or event sponsored by the City:
1. Hold public assemblages.
2. Conduct exhibitions.
3. Hold a parade.
4. Enter an area posted as "closed to the public".
(Amended: Ord. No. 67a, 9-8-87; Ord. No. 67b, 9-8-87)
51.004 Permits.
Sec. 4.
A. Permits for special events in parks shall be obtained
by application to the City Council in accordance with
the following procedure.
1. A person seeking the issuance of a permit
hereunder shall file an application stating:
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 the
permit is desired.
e. Any other information reasonably necessary to
a determination as to whether a permit shall
be issued hereunder.
f. Specification of variances which are
requested from existing park rules and
regulations.
g. A general description of the sound amplifying
equipment which is to be used. The
application shall show the maximum sound
producing power of the sound amplifying
equipment to be used and shall state the
following:
(1) The wattage to be used.
(2) The volume and decibels of the sound
which will be produced.
(3) The approximate maximum distance for
which sound will be thrown.
h. The name of some individual or individuals
who will constantly be in charge and on the
premises during the duration of the permit,
authorized to receive notice of a revocation
of such permit.
2. Standards for issuance of a permit shall include
the following findings.
a. That the proposed activity or use of the park
will not unreasonably interfere with or
detract from the general public's enjoyment
of the park.
b. That the proposed activity and use will not
unreasonably interfere with or detract from
the promotion of public health, welfare,
safety and recreation.
c. That the proposed activity or uses that are
reasonably anticipated will not include
violence, crime or disorderly conduct.
d. That appropriate arrangements have been made
or will be made for toilet and other sanitary
facilities.
e. That appropriate arrangements have been made
for restricting admission to the approximate
number of people for whom arrangements have
been made.
f. That appropriate arrangements have been made
for the preservation of law and order on the
site.
g. That the applicant has filed with the City
Clerk a duplicate policy of public liability
insurance insuring the applicant and the City
against personal injury, including death, of
any person and against liability for property
damage in the following amounts:
(1) Not less than $300,000.00 for death or
injury to one person and $1,000,000.00
for more than one death or injury
arising out of any one occurrence.
(2) $100,000.00 property damage arising out
of any one occurrence.
The policy of insurance required hereunder
shall be non-cancelable without ten (10) days
written notice to the City Clerk.
h. That the applicant has deposited with the
City Clerk cash in the amount of $1,000.00
which the City may use to repair any damage
done to any street, sewer, tree or City
property when such damage arises out of or
occurs in connection with the permitted
activity. The deposit required hereunder
shall be refundable as hereinafter set forth.
i. That the applicant has made appropriate
arrangements to see that any dirt, paper,
litter or other debris arising out of or in
connection with such permitted activity shall
be removed from the premises on the adjacent
and private property within twelve (12) hours
after the expiration of the permit and upon
failure of the applicant to comply therewith
within the time limited and to restore the
premises into a presentable condition within
such time period, the City may undertake the
same and defray the expenses from the cash
deposit hereinbefore referred to. One week
after the expiration of the permit, any
balance of such cash deposit unexpended shall
be refunded to the applicant.
B. A permittee shall be bound by all park rules and
regulations and all applicable ordinances fully as
though the same were inserted in said permits. The City
Council shall have the authority to revoke a permit
upon a finding of the violation of any rule or
ordinance or upon good cause shown.
51.005 City employees.
Sec. 5. No provision hereof shall make unlawful any act
necessarily performed by any officer or employee of the City in
line of duty or work as such, or by any person, his agent or
employees, in the proper and necessary execution of the terms of
any agreement with the City.
51.006 Park closing.
Sec. 6. No person or persons shall be allowed in or admitted
to the City Parks between the hours of 10:00 p.m.--6:00 a.m.
51.007 Violations--Penalty.
Sec. 7. Any person convicted of a violation of any provision
of this Ordinance shall be punished by a fine of not more than
$100.00 and costs of prosecution or by imprisonment for not more
than ninety (90) days, or by both such fine and imprisonment.
51.008 Severability.
Sec. 8. It is the intent of the City Council that all
provisions and sections of this Ordinance be liberally construed
to protect and preserve the peace, health, safety and welfare of
the inhabitants of the City and should any provision or section
of this Ordinance be held unconstitutional or invalid, such
holdings shall not be construed as affecting the validity of any
of the remaining provisions or sections, it being the intent that
this Ordinance shall stand, notwithstanding the invalidity of any
provision or section thereof.
51.009 Inconsistent ordinances.
Sec. 9. All Ordinances that are inconsistent with the terms
of this Ordinance, in whole or in part, are hereby repealed.
Effective date. This Ordinance shall take effect ten (10) days after publication pursuant to Charter.
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