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Ordinance 1995-11 r � Revised 4/8/95 ORDINANCE 95- AN ORDINANCE AMENDING ORDINANCE 7-4-1, AND ORDINANCE 95-2 OF THE YORKVILLE CITY CODE FOR PARKS AND FOREST PRESERVES WHEREAS, The City Council of The City Of Yorkville deems it necessary to amend and renumber certain parts and provisions of the laws, ordinances and regulations of the City Of Yorkville Park Facilities; NOW THEREFORE, BE IT ORDAINED, that, Ordinance 7-4-1 of the Yorkville City Code is hereby amended to include the following: INTRODUCTION TO ORDINANCE The rules and regulations contained in this ordinance are intended to ensure the use and enjoyment of all Yorkville City Park facilities. It is the intention of the City Council that not only will this ordinance be enforced but that all appropriate provisions of state criminal law, especially those related to the use of drugs, liquor, or weapons, be enforced by the Yorkville City Police. This ordinance is in no way intended to take the place of provisions of state, municipal, or county law otherwise intended to ensure the safety and good conduct of any person making use of Yorkville City Park Facilities. Section 1.00 PUBLIC'S RESPONSIBILITY TO BE INFORMED It is the public's responsibility to be aware of all park rules and regulations that may or may be posted in the parks or at the nature trails. Specific prohibited activities, park hours, and other rules and regulations which are referred to in this ordinance are printed and are available for inspection at the City offices or recreation offices. Section 1.01 OTHER AGENCIES' AUTHORITY TO ENFORCE All law enforcement agencies which have concurrent jurisdiction or whose corporate limits fall within the boundaries of City of Yorkville, and which have entered into an intergovernmental agreement with the City of Yorkville shall consent to have the City of Yorkville exercise full power and authority to act in enforcing the provisions of this ordinance. Section 1.02 DAMAGE TO PROPERTY a. No person shall cut, pick, mutilate, or in any other way harm any tree, bush, shrub, wild flower or other natural formation on Yorkville City Park property. b. No person shall deface or destroy any bench, sign, building or any other property under the control of the City of Yorkville. C. No person shall drive any motor vehicle or motorized vehicle as defined in the Illinois Vehicle Code, bicycle, horse or similar animal on City property in such a manner to destroy or damage Yorkville City Park property. d. No person shall build a fire of wood, charcoal or other material on the ground or any other place except as specifically designated by the city for such purpose and any fire of legal nature shall not be unduly larg® dangerous to surroundings. 1 Section 1.03 RESTRICTIONS TO ANIMALS a. No person shall allow any domestic animal to tun free without restraint on Yorkville City Park property. All domestic animals shall be restrained by a leash not to exceed 6 feet in length. NO PERSON SHALL ALLOW ANY DOG, CAT OR ANY OTHER ANIMAL IN THEIR CONTROL TO BE WITHIN ANY PLAYGROUND AREA OR PLAYGROUND EQUIPMENT OR PLAYING FIELD, (Le. BASEBALL FIELD, BASKETBALL COURT, ETC.) AND IN NO CASE SHALL ANY PERSON PERMIT ANY ANIMAL UNDER THEIR CONTROL TO BE ON OR ABOUT ANY OF THE ABOVE LOCATIONS WITH THE EXCEPTION OF ANIMALS BEING USED FOR HANDICAP ASSISTANCE. b. No person shall ride or lead a horse or similar animal anywhere on Yorkville City Park property other than in areas designated for such purpose. Horseback riding shall be no faster than a slow canter or slower when reasonable and proper. C. No person shall hunt, trap, kill, disturb, molest, rob a nest of any bird or migratory water fowl, or in any way harm any animals within Yorkville City Park property. d. No person shall allow a dog, cat, or other animal under their control to defecate on park property. If the animal does so, it shall be the responsibility of the person who has control of the animal to promptly remove the excrement. e. Any person found to have a dog or other animal to have bitten or otherwise injure a person shall be fined a sum not in excess of$500.00 Section 1.04 CRIMINAL ACTS PROHIBITED No person shall commit any criminal act on Yorkville City Park property as prohibited in the Criminal Code of the State of Illinois as set forth in 720 ILCS 511-1 et. al., 410 H,CS 615/1 et. al. and 625 ILCS 511-100 et. al. of the Illinois Compiled Statutes. Section 1.05 HOURS a. Parks shall be open to the public every day of the year during designated hours. Hours for park use shall be from 6:00 a.m. until 9:00 p.m., unless otherwise posted. b. Hours for use of the Nature Trails and Riverfront Bicentennial Park are dawn to dusk. C. Any section or part of any park may be declared closed to the public by the City, at any time and for any interval of time, either temporarily or at regular intervals and stated intervals (daily or otherwise) and entirely or for merely certain uses as the City shall find necessary. d. No person shall remain on Yorkville City Park property at a time when it is not open to the public, except where otherwise authorized. 2 Section 1.06 FISHING LICENSE REQUIRED a. Any person fishing from the banks,bridges or watercraft on Yorkville City Park property shall possess a valid Illinois Fishing License as required by law,with proper game stamps and abide by all game laws of the State of Illinois. b. No person shall kill any fish or other aquatic creature or disturb a spawning bed in waters owned or under the authority of the City of Yorkville unless engaged in the lawful sport of fishing. Section 1.07 FIREARMS AND EXPLOSIVES PROHIBITED a. No person, except duly authorized Police Officers, shall carry, possess, transport or discharge on Yorkville City Park property any firearm, B.B. or pellet gun, sling shot, stun gun, any object of explosive nature, including but not limited to fireworks or other objects or devices designed to discharge or propel an object, as set out in the applicable Yorkville City Ordinances on fire arms and alcohol. b. No person shall possess, have or carry any bow and arrow, switchblade, hunting knife, dagger, metal knuckles, bludgeon, karate sticks, slingshot or other dangerous weapon while on Yorkville City Park Property Section 1.08 ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES PROHIBITED a. No person shall possess, consume, or transport in a vehicle any alcoholic beverage on Yorkville City Park property as set out in the City Ordinances. b. A special exception from this section is granted in designated areas of Yorkville City Park property on authorization of the City for special events. All rules and regulations applicable to those designated areas must be abided by as set forth therein. C. No person shall enter or remain on Yorkville City Park property in an intoxicated condition. d. No person shall use,possess or be under the influence of any substance, as defined in "Controlled Substance Act" (Ill. Rev. Stat., Ch. 56-1/2, 1100 gL§2gJ or cannabis, as defined in the "Cannabis Control Act" (Ill. Rev. Stat., Ch. 56-1/2, 701 2L§2!11 while on Yorkville City Park property. Section 1. 09 -. RESTRICTIONS TO VEHICLE MOVEMENT Definition For the purpose of this section, a vehicle is any mechanically driven device by which a person or property is transported. Common vehicles referred to in this ordinance would be automobiles, buses, trucks motor cycles, motor- driven cycles, go-carts, snowmobiles, all terrain vehicles, vans, tractors and other similar devices. a. Any vehicle entering Yorkville City Park property shall abide by all applicable sections of the Illinois Vehicle Code, 625 ILCS 5/1-100 et. al., Illinois Compiled Statutes. b. All persons operating any vehicle or bicycle or riding a horse shall obey all signage regarding the movement or operation of such vehicle or animal. 3 C. No person except those having contracted business with the City of Yorkville shall drive a vehicle of gross weight of more than 10,000 lbs. on any pavement within Yorkville City Park property, except municipal emergency, maintenance or repair vehicles. d. No person shall operate a vehicle on Yorkville City Park areas (unless otherwise authorized) except snowmobiles which shall be operated only in areas designated by the City of the Yorkville when snow coverage is 4" or greater in depth, at a speed no greater than 20 m.p.h. or at a lesser speed where hazards or conditions so dictate. e. Any person operating a vehicle on Yorkville City Park property shall do so in a safe manner at a speed no greater than 20 m.p.h. or at a lesser speed where hazards or conditions so dictate. a f. Any person operating a vehicle or riding an animal or bicycle on Yorkville City Park property shall yield the right-of-way to any pedestrian traffic and make every attempt possible to avoid a collision with a pedestrian, vehicle, animal, bicycle, or other object or property. g. No person shall drive any automobile, truck, motorcycle or other motorized vehicle within Yorkville City Park property except upon the parking lots and roadways provided for driving or parking the same, however Bicycles and Tricycles may be ridden on any sidewalk. h. No person on Yorkville City Park property shall fail to obey any police officer or park employee who is authorized and instructed to direct traffic. i. No person on Yorkville City Park property shall operate or attempt to operate a motor vehicle while in an intoxicated condition. j. No person on Yorkville City Park property shall ride upon the fenders or any other outside part of any vehicle. k. No person on Yorkville City Park property shall change any parts or make repairs of any kind to any vehicle, except such emergency repairs necessary to remove such vehicle therefrom. Section 1.10 RESTRICTIONS TO VEHICLE PARKING a. Any vehicle parked or standing on Yorkville City Park property in violation of any law, ordinance, or rule is hereby declared to be a public nuisance. Such vehicle may be removed and the owner or person entitled to possession of the vehicle shall be liable for all towing, storage and other charges arising out of any action taken hereunder. b. No person shall park or drive any vehicle on Yorkville City Park property on any area covered by sod, dirt or other areas not designed for such traffic or usage unless permitted to do so by Director of Public Works or City Police Department, without a written permit from City of Yorkville. C. No person shall drive or park any vehicle in any area which is posted to prohibit or restrict such. d. No vehicle may be left unattended on any roadway on Yorkville City Park property or obstruct a boat landing or traffic. 4 e. No person shall park a vehicle on Yorkville City Park property in a handicapped reserved space unless such vehicle is clearly marked by a handicap sign or license plate duly issued by the State of Illinois or local government body. f. No person shall park any vehicle adjacent to a curb painted yellow which shall constitute a prohibited parking area. g. No person shall drive a vehicle or ride an animal on any sidewalk on Yorkville City Park property. h. Parking violations shall be paid within 5 days of issuance, at a fine set by the City. All fines unpaid after 5 days shall be subject to a penalty, and processed within the court system or other measures of collection as approved by the City. i. It shall be the responsibility of the registered owner of any vehicle parked in violation of this section to comply with the payment of the prescribed fines, and it shall not be an affirmative defense that the vehicle was not under his/her control at the time of violation. j. No person shall allow a vehicle to be parked on Yorkville City Park property while the operator or occupants are not currently using the facilities of the City of Yorkville or participating in its programs, or during the hours the facility is closed to the public. Section 1.11 TRESPASS TO LAND a. No person shall wade or swim within any waters, or walk on frozen waters under the control of the City where such activity is prohibited. b. No person shall set a tent on Yorkville City Park property without permission of the city in the form of a written permit from the City. C. No person shall enter or remain in an activity or special use area sponsored or provided by the City of Yorkville where a preregistration, application, admission fee or membership in an organization is required, without first complying with the preregistration, application, admission fee or membership requirements. d. No person shall climb, walk or sit upon any sign, wall or fence under the control of the City of Yorkville, nor shall any person go upon any grass plot or any portion of any Yorkville City Park property where, by any sign or notice, persons are prohibited from going. e. No person shall make use of any Yorkville City Park property as a place to sleep. f. No person or persons shall loiter in a special use area or facility and not participate in the program or use of the facility as offered by the City. g. No person or persons shall loiter in Yorkville City Park parking lots. 5 0 00 Section 1.12 DISORDERLY CONDUCT a. No person shall transmit a call to a park official of a fire or police emergency knowing such call is in fact false. b. No person or persons shall engage in the lewd fondling of self or others or engage in sexual intercourse or deviate sexual conduct on Yorkville City Park property. C. No person on Yorkville City Park property shall engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to disturb public peace. d. No person shall act in such a manner as to cause alarm to another or provoke a breach of the peace on Yorkville City Park property. e. No person shall cause a disturbance, hinder, intimidate or obstruct a Park Official or City Official engaged in his or her official duties. No such person nor one engaged in illegal activities shall remain on Yorkville City Park property after being instructed to leave by a Park or City Official. f. No person or persons shall enter, gather, or loiter on Yorkville City Park property while wearing known gang colors, emblems or other gang insignia or communicate gang related messages through the use of hand signals or other means of communication while on Yorkville City Park property. g. No person shall use Yorkville City Park property as a place to panhandle or beg for money. h. No person or persons shall loiter in the parks in such a manner as to obstruct pedestrian or vehicle movement. i No Skating, rollerblading, or skateboarding shall be allowed on park equipment, nor in any areas prohibited by the City, including but not limited to basketball and tennis courts and gazebos. j Any person using rollerskates, rollerblades, or skateboards shall relinquish right-of-way to all other pedestrians. Section 1.13 BOATS, SKI-BOATS AND MOTORIZED MODEL AIRCRAFT AND BOATS Paddle boats, row boats, canoes and sailboats are allowed only at designated and posted lakes within Yorkville City Park property, provided they do not exceed 16 feet in length. a. No person shall operate a motorized boat, sail board or jet ski on waters owned or under the authority of the City of Yorkville. b. Any person operating, or any passenger in a boat operated on a body of water owned or under the authority of the City of Yorkville, shall abide by all requirements of the Boat Registration and Safety Act, 625 ILCS 511-100 et. al. of the Illinois Compiled Statutes. 6 00 C. Motorized model aircraft and boats shall be operated only in designated areas of Yorkville City Park property. Section 1.14 LITTER a. No person shall discard any paper, bottles, cans or other form of rubbish on Yorkville City Park grounds except in receptacles provided for such purpose. b. No person shall abandon, or unload any used property or vehicles on Yorkville City Park property. C. No person shall bring any household garbage, yard waste, building materials, trash, rubbish or other matter onto Yorkville City Park property or leased lands and leave such with the intent of disposing of it. Section 1.15 ARTICLES FOR SALE a. No person while on Yorkville City Park property shall display or otherwise offer any article, goods, or service for sale or accept donations for such article, goods or services unless authorized by the City. b. Unless otherwise authorized, no person shall display or post any placard or advertisement on Yorkville City Park property. Section 1.17 PUBLIC MEETINGS All public meetings held on Yorkville City Park property must be authorized by the City. Section 1.18 GAMBLING No person shall engage in games of chance, wager on the outcome of any sporting event, or use any gambling device on Yorkville City Park property. Section 1.19 PARENTAL RESPONSIBILITY Definitions as used in this ordinance, shall be as follows. Unless the context otherwise requires, the terms specified have the meanings ascribed to them. 1. "Legal Guardian" means a person appointed guardian for, or given custody of, a minor by a Court of competent jurisdiction. 2. "Minor" means a person who has not attained 18 years of age. The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility and said minor shall be deemed to have committed the acts described below with the knowledge and permission of the parent or guardian, in violation of this Ordinance, upon the 7 concurrence of events described in (a),(b), and (c) below: a. An unemancipated minor residing with said parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law or statute prohibiting willful and malicious acts causing injury to a person or property, or shall have incurred non judicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute, prohibiting willful and malicious acts causing injury to , a person or property; and b. Said parent or legal guardian shall have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service returned, from the Yorkville City Police Department or Kendall County Sheriff, following adjudication or non judicial sanction; and C. If at any time within one (1) year following receipt of the notice set forth in (b) above, said minor is either adjudicated to be in violation of any ordinance, law or statute as described in (a) above, or shall have incurred non judicial sanctions from another official agency resulting from any admission of quilt of violation of any ordinance, law or statute as described in (a) above. Section 1.20 MAKING AND CREATION OF NOISE a. All amplified noise shall not be able to be heard beyond 75' from the source as per the State of Illinois Statutory Prohibitions (including but not limited to 625 ILCS 5/12-611). b. Any sound amplified electronically or otherwise to a level that can be heard beyond 75' is prohibited unless expressly authorized by the City of Yorkville. Section 1.21 RESTROOMS AND WASHROOMS No person on Yorkville City Park property shall litter, damage or deface restrooms and washrooms. Section 1.22 IMPERSONATION OF OFFICERS No person shall falsely represent or impersonate a police officer. Section 1.23 PERMITS Any act prohibited by or under this ordinance or any other ordinance or rule of the City of Yorkville, provided such act be not otherwise prohibited by law or ordinance, shall be lawful to the extent authorized or permitted under the provisions of a permit issued or permission granted by the City. 8 Section 1.24 RULES TO BE OBEYED No person shall violate or disobey any rule of the City of Yorkville relating to the use and governance of park property. The City of Yorkville may issue such rules and regulations as are necessary to insure public health and safety in the use and enjoyment of any and all park facilities.. Section 1.25 EJECTION Any Park Official or City Official shall have the authority to remove from Yorkville City Park property any person acting in violation of this ordinance. Section 1.26 PENALTIES Any person violating or disobeying any clause or provision of any section of this ordinance or any of the other regulatory ordinances or rules of the City shall be guilty of a petty offense, or may be charged under any applicable State Law Offense and may be forthwith ejected from the park property; may have any permits or passes previously issued forfeited; and shall be fined upon conviction not less than Twenty ($20.00). In the event not paid, prior to institution of Court proceedings within thirty (30) days, said fine shall be increased to a$50.00 minimum fine, and may be enforced through Civil proceedings by the City. A fine of not more than Five Hundred Dollars ($500.00) for each offense, may be assessed and the fine to be recovered in manner and form as provided by law. A separate offense shall be deemed committed upon each day during which violation occurs or continues. In lieu of or in addition to a fine, Community Service Work may be assessed. Section 1.27 Severability In the event that any portion of this Ordinance shall be deemed or adjudged invalid, unenforceable or unconstitutional than the remainder of this Ordinance shall remain in full force and effect and that portion which has be found to be invalid shall be struck. IN WITNESS WHEREOF, this Ordinance has been enacted this 3L/day of 1995. ITY �ERK LAW OFFICES OF DANIEL J. R 1107A S. Bridge St. Yorkville, IL 60560 (708)553-9500 9