ORD1974277e
ORDINANCE 8277
AN ORDINANCE CREATING CHAPTER 26 OF THE MUNICIPAL
CODE TO REGULATE CONDUCT IN PUBLIC PLACES
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO
ORDAIN AS FOLLOWS :
SECTION 1: Chapter 26 of the Municipal Code is hereby
created to read as follows;
Park and Recreation Regulations.
(1) Definitions. :For the purpose of this Ordinance, the
following terms , phrases, wor,ds and their derivations shall have the
meaning given herein.
(a) "Director!" is a person immediately in charge of any
park area and its activities, and to whom all park attendants
of such area are responsible.
(b) "Park" is a park, reservatFon, playground, beach
recreation center or any other area in the City, owned or used
by the City, and devoted to active or passive recreation.
(2) Park Property. No person in a park shall:
(a) Building and Other Property.
(1) Disfiguration and Removal. Willfully mark,
deface, disfigure, injure, tamper with, or displace or remove,
any building, bridges, tables, benches, fireplaces, railings,
paving or paving material, water lines or other public utilities
or part or appurtennnces thereof, signs, notices or placards
whether temporary 01: permanent, monuments , stakes, posts or other
boundary markers, or other structures or equipment, facilities
or park property or appurtenances whatsoever, either real or
personal.
(b) Restrooms and Washrooms. Fail to cooperate in main-
taining restrooms and washrooms in a neat and sanitary condition.
(c) Removal of Natural Resources. Dig, or remove any
beach sand, whether submerged or not, or any soil, rock, stones,
trees, shrubs or plants, down-timber or other wood or materials,
or make any excavation by tool, equipment, blasting or other
means or agency.
(d) Erection of Structures. Construct or erect any
building or structure of whatever kind, whether permanent or
temporary in character, or run or string any public service
utility into, upon, or across such lands, except on special
written permit issued hereunder.
(3) Trees, Shrubbery, Lawns.
(a) Injury and Removal. Damage, cut, carve, transplant
or remove any tree or plant or injure the bark, or pick the
flowers or seeds, 1of any tree or plant. Nor shall any person
attach any rope, wire, or other contrivance to any tree or
plant. A person s'hall not dig in or otherwise disturb grass
areas, or in any other way injure or impair the natural beauty
or usefulness of my area.
(b) Hitching; of Animals. Tie or hitch a horse or other
animal to any tree or plant.
(4) Hunting. Hunt, molest, harm, worry, frighten, kill, trap
chase, tease, shoot or throw objects at any animal 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.
(a) Feeding. Give or offer, or attempt to give to any
animal or bird any tobacco, alcohol or other known noxious substances.
(5) Sanitation. No person in a park shall:
(1) Polluticm of Waters. Throw, discharge or othewise
place or cause to be placed in the waters of any fountain, pond, lake,
stream, bay or other body of water in or adjacent to any park or any
tributary, stream, storm sewer or drain flowing into such waters any
substance, matter or thin, liquid or solid, which will or may result in
the pollution of said waters,
(2) Refuse and Trash. Have brought in or shall dump,
deposit or leave any bottles;, broken glass, ashes,paper, boxes, cans
dirt, rubbish, waste, garbage, or refuse, or other trash. No such
refuse or trash shall be placed in any waters in or contiguous to any
park, or left anywhere on the grounds thereof, but shall be placed or
left in the proper receptacles where these are provided; where recep-
tacles are not so provided, all such rlBbish or waste shall be carried
away from the park by the person responsible for its presence, and
properly disposed of elsewhere.
(6) Traffic. No person in a park shall:
(1) State Motor Vehicle Laws Apply. Fail to comply with
all applicable provisions of the state motor vehicles traffic laws in
regard to equipment and operation of vehicles together with such
regulations as are contained. in this and other ordinances.
(2) Enforcement of Traffic Regulations. Fail to obey all
traffic officers and park employees, such persons being hereby authorized
and instructed to direct traffic whenever and wherever needed in the parks
and on the highways, streets or roads immediately adjacent thereto in
accordance with the provision of these regulations.
e
(3) Obey Traffic Signs. Fail to observe carefully all
traffic signs indicating speed, direction, caution, stopping or parking,
and all others posted €or proper control and to safeguard life and
property.
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I
(4) Speed of Vehicles. Ride or drive a vehicle at a
rate of speed exceeding 15 miles per hour, except upon such roads
as the Comon Council may designate, by posted signs, for speedier
travel.
(5) Operation confined to Roads. Drive any vehicle on
any area except paved park roads or parking areas, or such other
areas as may on occasion be specifically designated as temporary
parking areas by the Director.
(6) Parking.
(1) Designated Areas. Park a vehicle in other tham
an established or designated parking area, and such use
shall be in accordance with the posted directions there
at and with the instructions of any attendant who may
be present.
(2) Double-Parking. Double-park any vehicle on
any road or parkway unl.ess directed by a park official.
(3) Muffler Required. Fail to use a muffler adequate
to prevent excessive noise or annoying smoke.
(7) Bicycles.
(a) Confined to Roads. Ride a bicycle on other
than a paved vehiwlar road or path designated for that
purpose. A bicyc1.ist shall be permitted to wheel or push
a bicycle by hand over any grassy area or wooded trail
or on any paved area reserved for pedestrianuse.
(b) Operation. Ride a bicycle other than on the
right-hand side of: the road paving as close as conditions
permit, and bicycles shall be kept in single file when
two or more are operating as a group. Bicylists shall at
all times operate their machines with reasonable regard
to the safety of others, signal all turns, pass to the
left of any vehicle tbey are overtaking, and pass to the
right of any vehicles they may be meeting.
(c) Night Operation. Ride a bicycle on any road
betweed 30 minutes after sunset or before 30 minutes
before sunrise without an attached headlight plainly
visible at least 500 feet in front of, and without a
red tail-light or red reflector plainly visible from at
least 300 feet from the rear of such bicycle.
(8) Hunting and Firearms. Hunt, trap or pursue wild
life at any time. No person shall use, carry or possess firearms
of any descriptions or air-rifles, spring-guns, bow and arrows,
slings or any other forms of weapons potentially inimical to
wild life and dangerous to human safety, or any instrument that can
be loaded with and fire blank cartridges, or any kind of trapping
device. Shooting into park areas from beyond park boundaries is forbidden.
(9) Picnic Areas and Use.
(a) Regulated. Picnic or lunch in a place other
than those designated for that purpose. Attendants shall
have the authority to regulate the activities in such
areas when necessary to prevent congestion and to secure
the maximun use for the comply with any directions given to
achieve this end.
(b) Non-exclusive. Use any portion of the picnic
areas or of any of the buildings or structures therein
for the purpose ,of holding picnics to the exclusion of
other persons, except by permit; nor shall any person use
such area and facilities for an unreasonable time if the
facilities are crowded.
(c) Duty of Picnicker. Leave a picnic area before
the fire is completely extinguished and before all trash
in the nature of boxes, papers, cans, bottles, garbage
and other refuse is placed in the disposal receptacles
where provided. If no such trash receptacles are available,
then refuse and trash shall be carried away from the park
area by the picnlcker to be properly disposed of.
(10) Behavior. No person in a park shall:
LIntoxicating Beverages.
(a) Prohibition. NO alcoholic beverage other than the
fermented malt beverages through a permit granted by the common
shall be used by any person within the park.
(b) Drunkeness. Have entered or be under the
influence of intoxicating liquor.
(2) Fireworks and Explosives. Have in his possession
or set off or otherwise cause to explode or discharge or
burn, any firecrackers, torpedo, rocket, or other fireworks
or explosives of inflammable material, or discharge them
or thxow them in;to any such area from land or highway
adjacent thereto, This prohibition includes any substance,
compound, mixture, or article that in conjunction with any
other substance or compound would be dangerous from any
of the foregoing standpoints, except as allowed by law.
(3) Domest:Lc Animals. Have been responsible for
the entry of a dog or other domestic animal into areas
other than automobile parking areas and walks iimnediately
adjacent thereto, and in such other areas as may be clearly
marked by signs bearing the words "Domestic Animals Permitted
in this Area". Nothing herein shall be construed as
permitting the running of dogs at large. All dogs in those
areas where such animals are permitted shall be restrained
at all times on cxdequate leashes not greater than 6 feet
in length.
(4) Fires,. Build or attempt to build a fire except
in such areas arid under such regulations as may be designated
by the Director,.
(5) Loitering and Boisterousness. Sleep or protractedly
lounge on the seats, or benches, or other areas, or engage
in loud, boisterous, threatenting, abusive, insulting or
indecent language, or engage in any disorderly conduct or
behavior tending to a breach of the public peace.
(6) Exhibit Permits. Fail to produce and exhibit
any permit from the Director he claims to have upon request
of any authorized person who shall desire to inspect the
same for the purpose of enforcing compliance with an
ordinance or rule.
(7) Interference with Permittees. Disturb or interfere
unreasonably with any person or party occupying any area,
or participating in any activity, under the authority of
a permit.
(11) Park Opertlting Policy.
(1) Hours.. Except for unusual and unforseen
emergencies, parks shall be open to the public every day
Qf the year during designated hours. The opening and closing
for each individual park shall be posted therein for public
information.
(2) Closed areas. Any section or part of any part
may be declared closed to the public by the Director at
any time and for any interval of time, either temporarily
or at regular and stated intervals (daily or otherwise)
and either entirely or merely to certain uses, as the
Director shall find reasonably necessary.
(3) Lost md Found Articles. The finding of lost
articles by park attendants shall be reported to the
Director.who shill1 make every reasonable effort to locate
the owners. The Director shall make every reasonable effort
to find articles reported as lost.
(4) Permit:. A permit shall be obtained from the Park
and Recreation Board for the exclusive use of part or all
of a park facility.
(a) Application. A person seeking issuance of a
permit hereunder shall file an application with the
appropriate Director. The application shall state:
(a-1) The name and address of the applicant;
(a-2). The name and address of the person, persons,
corporation or association sponsoring the activity, if any;
(a-3) The day and hours for which the pennit
is desired;
(a-4) The park or portion thereof for which such
permit is desired.;
(a-5) An estimate of the anticipated attendance;
(a-6) Any other information which the Director shall
find reasonaby necessary to a fair determination as to
whether a permit should issue hereunder.
(b) Standards for Issuance. The Director shall issue
a permit hereunder when he finds:
(b-1) That the proposed activity or use of the park
will not unreason.ably interfere with or detract from the
general public en.joyment of the park;
(b-2) That the proposed activity and use will not
unreasonably inte.rfere with or detract from the promotion
of .public health., welfare, safety and recreation;
, . ' (b-3) That the proposed activity or use is not
reasonably anticipated to incite violence, crime or
disorderly conduct;
(b-4) That the proposed activity will not entail
unusual, extraord.inary or burdensome expense or police
operation by the City;
(b-5) That the facilities desired have not been
reserved for other use at the day and hour required in
the application.
(c) Appeal. Within 30 days after receipt of an
application the Park Board shall apprise an applicant
in writing of his reasons for refusing a permit, and any
aggrieved person shall have the right to appeal in writing
within 10 days .EO the Gonunon Council, which shall consider
the application under the standards set forth in subsection (b)
hereof and sustain or overrule the Park Board's decision
within 15 days. The decision of the Comon Council shall
be final.
(d) Effect of Permit. 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.
(e) Liability of Permittee. The person or persons
to whom a permit is issued shall be liable for any loss,
damage or injury sustained by any person whatever by
reason of the negligence of the person or persons to whom
such permit shall have been issued.
(f Revocation. The park Board shall have the authority
to rev0 k e a permit upon a finding of violation of any rule
or ordinance, or upon good caus,e shown.
(12) Enforcemen;t - ,
a
(1) Officials. The Director and park attendants
shall, in connection with their duties imposed by law, diligently
enforce the provisions of ,this Ordinance.
(2) Ejectment. The Director and any park attendant
shall have the authority to eject from the park any person acting
in violation of this Ordimsnce.
(3) No per,son shall interfere with or in any manner
hinder an employee of the :Park-Recreation Board while in the performance
of his duties.
(13) Penalties. Any person who shall violate any provisions
of this Chapter or any order, rule or regulation made hereunder shall
be subject to a penalty as provided in sec. 25.04 of this Municipal
Code.
SECTION 2: All ordinances or parts of ordinances
inconsistent with or contravening this ordinance are hereby repealed.
SECTION 3: This ordinance shall be in full force and
effect from and after its .publication and passage.
PASSED AND APPROVED THIS // DAY OF 1974.
ATTEST:
Y
City Clerk -
PUBLISHED: -
STATE OF WISCONSIN )
Milwaukee County )
) ss.
- - -.
Official aoti~ce
I CITY OF ~MU,SKECo
ORDINANCE #211
(AS AMENDED).
,AN ORDINANCE CREATING.
CHAPTER 26 OF THE MUNICI,?
PAL CODEflWREGUCATE CON; DUCT IN PUBLIC PLACES. ~'
THE :CITY OF MUSKEGO, WIS-
.j THE COMMON .COU$CIL OF
CONSIN, M), OkDAIk' AS FOL-
'LOWS:
-
SECTION ' 1: . Chapt&'26 of the ,
to read as follows; ,
Municipal Code 1s hereby created
Park and Recreation Regula;
tions.
(l)-DefinIti&s. For the pur-
pose of this Ordinance, the fal-
their derivations shallbhave the
lowing ferms, phrases, words and
meaning given iierein. 1
mediately in charge of any park
(a), <'Director" is'a"pers0n h-
area and its activities, a@ to
whom all park attendants of such
area are responsible.
(b) "Park" is a park, reserva-
tion, playground, beach recreation
center or-.any other area in the
City. owned or used by the City,
and devoted to active or passive
recreation.
(2) Park Property. Na person
In a park shall: ".
I (a) Building andbther Property.
Willfully mark.,defgce, disfigure,
(1) Disfirati0n"and Removal.
or; remove,..apy bu!cing. bridges.
injure;'~tamper with,.or displace,
; fables, benchesi-flr.eplaces; rail-
..~ .
Duane Dunham, being duly sworn,
doh depose and say !hat he is an authorized representative of
Ths
a newspaper published at ... Mus ke go
Wirxonsin.and that an advertisement of which the annexed is a
S t!n ............ ....... ...
.....
true COPY, taken from
.............
....... ...........
..... ...........
(Signed). ...
Publisher (Title)
of. . ,
I 4, 19
(4) Hunting.: ~unt, molest. (6)Traffic. No person in a
harm, wany, frighten, kill, trap,
chase, tease, shoot or throw ob-
-park shall: .
! " (1) State " Moior Vehicle Laws
jects at any animal or bird; nor ! Apply. ;'Fail to comply with-all
shall he remove or,have inhis,pos-
session the'young of any wild ani- 'motor ,vehicles traffic laws in
-applicabble'provisions of the state:
fial,or the eggs or nest,, or young
of any reptile orlbird.
regard. to equipment. and opera-
tion ol'?ehicles together,with such
~ (ai Feeding. .Give or~offer. or
attempt a to ,:ive, to any.animal or
regulations. 'as are:contained in
this and Other ordlnarices: .
bird .any tollacco. alcohol-orpther:
known noxioussubstabces. Regulations.. Fall to' .obey all'
(2) Enforcement ' of: Traffic.
(5) Sanitation. No person in'a
park shall:
traffic ,offleers and park em-
ployes.,. suchpersons~being hereby
(I)-POIIUI~O~ of Waters. Throw, authoriaed.and instruct& todirect
discharge i)r othevlse place or traffic: whenever and' wherever
cause ,to'be placed.in thewateis
of any lount.lin, pone, lake, stream,
ne$ed,,,in the, parks and on the
highways; $reets or .mads Im.:
bay or':other body of water inor
adjacent to any park or any tiibu-
mediately adjacent .ttiereto in.ac-
cordance with the provision of
tary, stream, sfoim sewer or drain these'regulations.
stance;. matter'ar thin, liquid. or
flowi@g, into such waters any sub- ~~ (3).~0bey Traffic: Slgns. Fall to ,observe carefully all, traffic
.in the polIltiori of said, waters,
solid,, which will' or may result signs- indlcating 'speed, dlrectlon, Caution, .stopping or parking, and
' (2) Refus;? and Trash: .Have all'others :posted lot proper con-
brought' in lor shall dump, deposit trol,~and to safeguard life and
orileave anJ: bottles, brokenglass, , property.
ashes, papq boxes: cans, dirt,
rJlhblsb, wa:ste, garbage, or refuse,
or other.trr.s!l .No such refuse or
!rash shall be placed inany waters
in, or- cDntil:yous. to any park, or
left anywhereon thegrounds there-
oI.:but shall'be placed or lefl in
the prober receptacleswheiethese
are provided; where. receptacles
are not so provided; all such rub-
bish. or wz.ste shall be carried
, away 'from the park by the person'
responsible for its presence, and
Properly disposed of klsewhere.
-I. ., . i
except upon such mads as the
Common Council may designate,
by posted Signs, forspeediertrav-
el.
(5) Operation confined tokoads.
Drive any vehicle on any area ex-
cept. paved park roads or parking
areas, or such other areas asmay
on occasion be specifically desig-
nated as temporary parking areas
by the Director.,
(6) Parking.
vehicle in other than on establish-
(1) Designated Areas. Park a
and such use shall be in accor-
ed or designated parking area,
dance yith the pasted directions
there at and with the instructions
of any attendant who may be~pres-
ent .
park any vehicle on any road or
(2) Double-parking. Double-
parkway unless directed by a park.
official.
use a muffler adequate to prevent
(3) Mufiler Required. Fail to
excessive noise or annoying
smoke.
.~
(7) Bicycles.
(a) Confined to Roads. Ride a
bicycle on other than a paved
vehicular road or path deslgnated
for that purpose. A bicyclist shall
be permitted io wheel, or push a
bicycle by hand over any grassy
area or wooded trail or on any
paved area reserved for pedes-
trian use.
(b) Operation. Ride a bicycle
other than on the right-hand side
of the mad paving as close as
conditions permit, .and bicycles
two or more are operating as a
shall be kept in single file when
times operate their machines with
group. Bicyclists shall at all
of others, signal all turns, pass
reasonable regard to the safety
to the left of any vehicle tKey are
overtaking, and pass to the right
any vehicles they may be meet-.
ing.
(c) Night Operation. Ride a
bicycle on any road between 30
minutes after sunset or before
30 minutes before sunrise with-
out an attached headlight plainly
visible at least 500 feet in front
of, and without a red tail-light or
red reflector plainly visible from
at least 300 feet from the rear
of such bicycle.
trap or pursue wild life' at any
(8) Hunting andFirearms. Hunt,
time. No person shall use, carry
or possess firearms of any des-'
criptions or air-rifles, spring-.
any other forms of weapons po-
guns, bow and arrows, slings or
tentially inimical to wild life and
dangerous to human" safety, or.
any instrument that can be load-
ed with and lice blank~cartridges.
Shooting into park areas from
or any kind of trapping device.
beyond park boundaries is for-
bidden.
(c) Appeal. Within 30daysafter
receipt of an application the Park
Board shall apprise an applicant
in writing of his reasons for refus-
ing a permit, and any aggrieved
person shall have the right to ap-
peal In writlng within 10 days to
the Common Council, which shall
consider the application under the
standards set forth in subsection
(b) hereof and sustain or overrule
the Park Board's decision within
mon Council.shall be final.
15 days. The decision ofthecorn-