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HomeMy WebLinkAbout1052 Repealing Chapter 12.32 Parks and Recreation Facilities and Reenacting and Retitling Chapter 12.32 as Parks, Trails and Recreation Facilities 10-09-2024ORDINANCE NO. 1052 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING CHAPTER 12.32, PARKS AND RECREATION FACILITIES, IN ITS ENTIRETY, AND REENACTING AND RETITLING CHAPTER 12.32 AS PARKS, TRAILS AND RECREATION FACILITIES WHEREAS, Chapter 12.32, Parks and Recreation Facilities of the Firestone Municipal Code has not been updated since 2010 and needs amendments to comply with the Town's recent administrative reorganization, current policies and best practices. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 12.32, Parks and Recreation Facilities of the Firestone Municipal Code is hereby repealed in its entirety and reenacted and retitled as Parks, Trails and Recreation Facilities, to provide as follows: Chapter 12.32. Parks, Trails and Recreation Facilities. 12.32.010. Purpose and intent. This chapter establishes requirements for the use of the Town's parks, trails, and recreation facilities. The requirements are not applicable to law enforcement, fire and emergency personnel or Town maintenance personnel or contractors in the performance of their duties. 12.32.020. Definitions. The following words and phrases when used in this chapter shall have the following meanings: Director means the Director of Water and Community Resources, or their designee. Mobility disability shall mean a disability, as defined in Title II of the Americans with Disabilities Act, which limits an individual's mobility within any park, trail or recreation facility. Other power -driven mobility device shall have the meaning ascribed to it by Title 11 of the Americans with Disabilities Act. Parks means all parks, greenbelts, recreation areas and open space, including all parking lots roadways and facilities therein under the ownership of the Town. Recreation facilities means specialized recreation areas, such as tennis courts, ball fields, including baseball, softball, soccer and lacrosse fields, skate parks, playgrounds and similar facilities under the ownership of the Town. 12.32.030 Hours of operation. Unless otherwise posted, Town parks and recreation facilities shall be open daily to the public from one hour prior to sunrise until one hour after sunset. Games on ball fields shall not be scheduled to commence later than 9:00 p.m. The Director may upon a written request extend the hours of operation. These hours of operation do not apply to the Firestone Trail or other public trails located on the periphery of a park. 12.32.040 Closures. The Director may, from time to time, close all or a portion of a park or recreation facility to the public or to certain animals, or both, as the Director determines necessary due to wildlife, vegetation, management review, maintenance, contractual agreement, or public safety concerns. A closure by the Director may be for a fixed or for an indefinite period of time. Within two business days of making a decision to close a park or recreation facility, the Director shall send a notification of the closure to the Board of Trustees. It shall be unlawful for any unauthorized person to enter any park or recreation facility that is closed. All closures, whether temporary, permanent or indefinite, shall be posted at the parks and recreation facilities subject to the closure. 12.32.050. Regulations prohibited acts. It shall be unlawful within or upon any park or recreation facility to: A. Operate or park a motor vehicle or other motorized means of conveyance anywhere in a park or recreation facility other than on established roadways and in designated parking areas, with the following exceptions: 1. Class 1 and Class 2 electrical assisted bicycles, as defined by C.R.S. Section 42-1- 102 (28.5), are allowed within designated areas in parks and on paved trails unless prohibited by signs; 2. A motorized wheelchair or scooter may be used by any person with a temporary or permanent mobility disability, anywhere in a park, trail or recreation facility where public access is allowed; and 3. In accordance with the Town's regulations other power -driven mobility device may be used in a park, trail or recreation facility by any person with a temporary or permanent mobility disability. B. Conduct commercial activities or sales for profit except with the written consent of the Director and in compliance with the business license requirements of the Town. C. Sell, vend, peddle, or distribute any merchandise or property except with the prior written approval of the Director. D. Leave any garbage, trash, cans, papers, or other refuse in any park, trail or recreation facility except within the receptacles provided by the Town or to use the receptacles to deposit yard clippings or other garbage or trash generated outside the park, trail or recreation facility. E. Use, distribute or consume any alcohol or fermented malt beverages absent a special events permit issued by the Town. F. Use or attempt to use, a space, or facility which at the time is reserved for any other person or group by a permit issued by the Town. G. Dig, remove, destroy, injure, mutilate, or cut any tree, plant, shrub, bloom or flower, or any portion thereof, growing in any area of a park, or recreation facility, or to remove any wood, turf, grass, soil, rock, sand, or gravel from any park, or recreation facility. H. Absent permission of the Director plant or cultivate any trees, shrubs, gardens, grasses, or plant. I. Cut, break, injure, mark, write, or print upon or otherwise deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment, or property. J. Light or maintain a fire in any park, trail or recreation facility. K. Possess, use, or display any fireworks without the prior written consent of the Director and a permit from the Carbon Valley Fire Protection District. L. Use any projectile weapon, including, but not limited to, any firearm, gas or mechanically operated gun, sling, paintball gun, bow and arrow, or similar type of weapon. M. Enter any park or recreation facility between the hours of 11:00 p.m. and 5:00 a.m., except upon written approval of the Director. N. Violate any posted rules and regulations set forth in or upon any Town park, trail or recreation facility, or body of water and failure to comply with such may result in a person's removal from the park, trail or recreation facility by authorized Town personnel. 12.32.060. Dog Parks At any Town -designated dog park, the owner or keeper of a dog may allow the dog to be at large off -leash within the enclosed confines of the dog park, subject to the requirements set forth in this section. A. Owners/keepers shall obey the hours and rules of the dog park as posted. B. Owners/keepers shall keep their dogs on a leash held by a person able to control the dog(s) when entering and exiting the fenced enclosure of the dog park. C. Dogs must be accompanied by a person who can control the dog(s) inside the dog park. D. Owners/keepers shall not allow their dogs to chase or harass wildlife or other dogs. "Harass" as used herein includes, but is not limited to, excessive barking or nipping, tackling, or other aggressive behavior toward another dog or wildlife. E. Owners/keepers shall not leave their dog unattended at the dog park. F. Owners/keepers shall promptly remove their dog's feces and dispose it in the designated trash container at the dog park. G. Owners/keepers shall not bring any of the following dogs into the dog park: l) Vicious or aggressive dogs; 2) Female dogs in heat; 3) Dogs without a current rabies vaccination tag and Town license tag attached to the collar worn by the dog; 4) Dogs known to be ill or exhibiting signs of illness. H. Any person who brings a dog to a dog park shall be considered the owner/keeper for purposes of this section. I. Anyone entering a designated dog park assumes the risk of injury and property damage caused by their dogs to other dogs, other persons or any of the facilities at the dog park. By entering the dog park, every person agrees to release and hold harmless the Town including its officers, officials and employees from liability for injuries or property damage resulting from use of the dog park. The owner/keeper assumes liability for any injury or property damage to persons or other dogs caused by their dog. 12.32.070 Recreation Facility Permit. A. Application: Any person may file an application with the Director for a permit for the exclusive use of a Town recreation facility. Each application shall include payment of an application fee, as established by resolution of the Board of Trustees. B. Any person applying for a permit hereunder shall file an application for such permit not less than 21 days, nor more than one 120 days prior to the proposed use of a recreation facility. C. Criteria for issuance of permit: The Director may grant a permit if the application meets all required criteria. The application shall contain, but not be limited to, the following: 1) Applicant name, Organization name 2) The entity or residence address and telephone numbers of each person and entity set forth in the application. 3) The specific facility or portion thereof requested for the activity. 4) The starting time of the proposed activity. 5) The finishing time of the proposed activity. 6) The number of persons expected to attend the activity. 7) If applicable, any request for town personnel, equipment or supplies, such as tables, chairs or equipment. 8) The nature of the event including all goods, equipment, supplies, amenities, food service, activities, and entertainment, including sound systems. 9) Payment of all fees or charges to be collected. 10) Estimated number of parking spaces required. 11) Assurance of adequate restroom facilities or provisions if not already available. D. A permit shall not be issued until the Town receives all required fees as established by resolution of the Board of Trustees. Fees for special equipment and/or personnel unknown at the time of application will be billed to the permit holder after the activity when computation thereof is accomplished. E. All persons to whom permits have been granted must agree in writing to hold the Town, its officers, officials and employees and agents harmless and indemnify same from any and all liability for injury to persons or property occurring as a result of the permittee's activity and the permittee shall be liable to the Town for any and all damage to any recreation facility or Town goods, supplies or equipment, which results from or arises from the permittee's use of the recreation facility. The Director may prior to issuance of a permit require the Applicant have liability insurance naming the Town as an additional insured party in such an amount as the Director deems adequate. F. Violation of the permit's terms and conditions by the permittee shall be grounds for immediate revocation of the permit. 12.32.080 Geocaching. A. No material caches are allowed in parks or recreation facilities without prior written consent from the Director. All unauthorized caches will be removed or discarded. B. The Town encourages geocaching through virtual caching or "multi -caching." C. It is unlawful to mark on or deface in any way any sign, structure, or natural feature maintained by the Town. D. All caching activities must be on parks and recreation facilities parcels. No caching will be permitted to occur on undeveloped open space lands. E. Caches must be made within formal trail corridors. Off -trail caches are not permitted. F. For purposes of this Section: 1. "Geocaching" is defined as a recreational activity requiring the participant to search for hidden items using global positioning system coordinates retrieved from an internet site or other source. 2. "Multi -caching" is defined as a variation of geocaching requiring the participant to obtain clues by locating numerous physical sites with a global positioning system, which clues eventually lead the participant to a final physical site. (Ord. 751 § 1, 2010) 12.32.090 Enforcement. All persons entering parks or recreation facilities shall abide by the rules and regulations of the Town as provided herein. The Director and any police officer have the authority to eject from any parks or recreation facilities any person acting in violation of these rules and regulations, or any breach or violation of the conditions of a permit. 12.32.100 Use of lakes and reservoirs. A. All rules and regulations set forth in this Chapter shall also apply to the use of public lakes, ponds, streams, reservoirs or other bodies of water within Town -owned parks and recreation facilities. All persons entering such lakes, ponds, streams, reservoirs or bodies of water shall abide by the rules and regulations of the Town, as provided in this Chapter and elsewhere in this Code, the rules and regulations promulgated by the Director, and the instructions and directions of duly authorized agents, employees or law enforcement officers of the Town acting in their official capacity. The rules and regulations shall be posted at such locations as to provide notice to the citizens and members of the public using such facilities. B. It shall be unlawful to swim, dive, wade, ice skate or ice fish on any lake, pond, stream, reservoir or other body of water within any parks and recreation facilities. Boating is prohibited on any lake, pond, stream, reservoir or other body of water within any parks and recreation facilities. C. It shall be unlawful to throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in or adjacent to any parks and recreation facilities 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 the waters. (Ord. 751 §1, 2010)12.32.1 l0 Administrative rules and regulations. The Director is authorized to adopt administrative rules and regulations that supplement the provisions of this Chapter, when such rules or regulations are determined necessary for repairs, wildlife, vegetation or public safety concerns. All persons shall comply with such rules and regulations, which shall take effect upon their adoption by the Director Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts hereof be declared unconstitutional or invalid. Section 3. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this `i th day of Or_-r 2024. ATTEST: 5�1' L alt.- Missy Carranco, Deputy Town Clerk COLORADO APPROVED AS TO F RM: William ayas Attomey