ORD1977327-e
8 AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 26 OF THE
MUN ICtPAL CODE' RELATING TO PARK AND RECREATION REGULATIONS
, *S FOLLOWS:
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
SECTION l:~ Cbpter,26,of the Municipal Code of the GIty of Muskego, 1 is hereby repealed and recreated .t,o provide as fol lows:
',
PARK AND RECREATION REGULATIONS
i 26.01 DEFINITIONS: As )used In these-rags and regulations, the
~ following terms, phrases, words and their drivations, unless the text clearly
indicates to the contrary, shall h,sve the meaning indicated herein,.
I. City: The City of.Muskego, Waukesha County, Wisconsin.
2. Board: The Parks an!$ Recreation Board of the City of Muskego,
3. Department: The Department of Parks and Recreation of the
4. Director: The Director of the Parks and Recreation Department
Wisconsin.
@.it, of .Muskego, Wisconsin,
of the City of Muskego, Wisconsln, *ie,immediateIy in charge of any park,
parkway, or recreational facility within the City, to whom all employees
of the Department are responsible.
open space area, owned or used by the City, devoted to passive or actlve
leisure time.
devoted $9 passive or active leisure time activities.
5. Park: Is a park, parkway, recreation, playground, beach or
6. Recreation Facillty: Is a building, owned or used by the City,
.
Reference to any one park, parkway,, recreational building or area,shall include
al I
and
are
'B
i
26.02 WJ_ES ANP REGULATIONS: All persons within the Ilmits of
/or using a pawor recrqatlonal facility within the City of Muskego
subject to the followlng rules and regulations:
(1) General
(a) Advertising - shall not be permitted in any manner unless
authorized by the Director In writing or in concessionalre contracts
for goods sold on the pritmises.
(b) Ampllflcatlon Systems - Public address or other
amplification device's maybe used only by special permit
obtainable from the Director.
(c) Animals
than six feet in I
at all times.
, A,l I animals must be ;on a leash, not greater
~ owner ength, or otherwise under contro I of the
c Beverages - No vinous or into,xicating (dl Alcohpi i,
any kind shall be
recreational facll .
may be consumed on any a1:He~tic field or playground apparatus area
at any time. No fermented beverage (beer) may be consumed In any
I lquor of
stored or consumed in any park, parkway, or
itv ial; any time. No fermented beverage (beer)
recreational facility without prior consent of the Director.
It shall be unlawful to sell a fermented beverage (beer)
within any park, parkway, recreati-on facility or area except
where permitted by concession agreement, or by Common Councll
authorization.
(e) Begging or Soliciting - It shall be unlawful to beg
or solicit within any park or recreation area.
* (f) Cleats -Cleats or spikes on shoes are prohibited except
in those specially designed athletic areas where programs rules
spec i f ik~l~-qerm it the i r use.
(9) Dances - Dances shall be permitted only by written
permit issued by the Director.
(h) Disturbance - It shall be unlawful within any park,
parkway, recreation building or area of the City b disturb
the peace of others by violent, tumultuous, offensive, or
obstreperous conduct, or by loud or unusual noises or by
unseemingly profane, vul~~ar, obscene or offensive language
or conduct, or to assault, strike or fight another, or
to any any way break the peace.
(i) Fires - Fires Elre permitted only in enclosed $Ireplaces
or grills, provided for this purpose under such rules and regulatlons
as may be prescribed by the Director and any fire (s) shall be
extinguished before leaving any park or recreation area of the
City.
e
e
(j) Fireworks and E.xpl'osives - it shall be unlawful to have
in any person's possessicn or set-off or otherwise cause to explode
or discharge or..burn, any firecrackers, torpedo, rocket, or
other firework$k explosives of inflammable material, .or discharge
them or throw them into any park or such area from land or hlghway
adjacent thereto. This prohibition includes any substance,
compound, mixture or article that in conjunction with any other
substance or compound that would be dangerous from any of the
foregoing standpoints, except as allowed by law.
(k) Flying Objects - It shall be unlawful to throw, strike
propel or otherwise operate flying or propelled objects of a
potentially dangerous nature, including by way of example,
without limitations, such things as model airplanes, rockets,
horseshoes, arrows, golf balls, or rocks, except in areas
designated for such use or part of an authorized sport or
recreational activity or by a written permit of the Directqr.
(1) Hours - Park shall normally be open daily from 5300 a.m.
until II:OOp.m., and normally be closed from 11:OO p.m. tc 5:OO'a.m.,
except for activities and event$ sponsored by the Department or
authorized by permission of the Director. Any park or recreational
facility may be declared closed to the public by the Director at
any time and for any interval of time, with a temporarily or stated
invervals as the Director shall find reasonably necessary. It shall
be unlawful to go upon areas or parts of any park or recreatlonal
facility of the City, when it has been declared to be closed to
the public by the Director.
(m) Hunting and Firearms.- It shall be unlawful in any park
to hunt, trap, or pursue wildlife at any time. No person &lI
use, carry or possess firearms of any description or air-rlfles,
spring-guns, bow and arrows, slings, or any other forms of
weapons potentially inimical to wildlife and dangerous to
-2-
human safety, or any instrument that can be loaded with and
fire blank cartridges, 01- any kind of trapping device.
Shooting into park areas from beyond park bundaries is
prohibited.
(n) Lost and Found - The finding of lost articles by any
person shall be reported to the Department which shall make
every reasonable effort ':o locate the owners. The Department
shall make every reasonable effort to find articles reported
as lost.
(0) Natural Resources - It shall be unlawful to 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 maky any excavation by tool, equipment,
blasting or other means.
(p) Permits - The Director is hereby authorized to issue
permits relating to any use of accomodation of any park or
recreation facility of ttle City. The Board shall set the
requirements for the issuance of any permit and may include
in those requirements and fee and/or deposit. The Director
shall have the power and authority to cancel any permit
for violation of the requirements of the permit and
violation of any of the rules and regulationsst forth
therein.
(q) Pollution of Wclters - It shall be unlawful to throw,
discharge or otherwise place or cause to be placed in the
waters of any fountain, pond, lake, stream, bay or other body
of water in or adjacent t.o any park or any tributary, stream,
storm sewer, or drain flcmwing into such waters any substance,
matter or this, liquid or solid, which will OP may result in
the pollution of said waters.
(r) Refuse and Trash - It shall be unlawful to have brought
into, 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 sha I I 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 receptacles are
not so provided, all such rubbish or waste shali be car.ried
away from the park by the person responsible for its pksence,
and properly disposed of :elsewhere.
(5) Sales - It shall be unlawful to sell or offer for
sale food and/or refershment, souveniers, or any other
merchandise unless a permit is obtained from the Director.
(t) Structures - It shall be unlawful to construct or
erect any buildi.ng, tent, 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.
(u) Trees, Shrubbery, Lawns. - It shall be unlawful to
damage, cut, carve, transplant, or remove any tree or plant,
or injure the bark, or pick the flowers or seeds, of any
tree, or plant, nor shall any person attach any rope, wire,
or other contrivance to any tree ,or plant. A person shall
not dig in or otherwise disturb grass areas, or in any other
way injure or impair the natural beauty or usefulness of any area.
-3-
(VI Workmen and Work Areas I .The use of any park or
rec'reation area shall be relinquished to a.7~ City or Park
employee carrying out wo6k assignments. Public use of work
and maintenance area is riot permitted.
(2) Athletic Fields
fa) The Director or an appointed employee of the Department
shall enforce all rules End regulations pertaining to activities
upon any athletic field in any park or recreation area under the
jurisdiction of the City. The Director shall have the power to
issue rules and regulations governing such athletic fields and
copies of such rules and regulations shall be on file with the
Parks and Recreation Department end the City Clerk.
(b
any ath
for use
(C
players
All teams or individuals shall relinquish play on
etic field to any individuals or teams to whom a permit
of such faci I ity has been issued by the D ire'ctor.
The Director may restrict or remove any player,
, teams or leagues from all public fields for a specified
time for violations of rules and regulations set forth in this
ordinance or issued by the Director under the authority of this
ordinance.
- ~ (dl It shall, under the rules and regulations set forth in'this ordinance, be un!awful to disturb or interfere
unreasonably with any person or party, occupying anyseas or
participating in any activity, under the authority of a permit.
(e) The Director shall have the authority to close any
or all public fields or play areas when use of- such area shall
create maintenance problens as a result of weather or other
conditions.
(3) Equestrian Act.ivites.
(a) Horseback ridin:g shall be permitted only upon the
authorized bridle path unless other areas ere specifically
designated by the Directole.
(4) Picnic Areas and Use. -
(a) All picnics shall be restricted to those areas designated
for that purpose. The Dil-ector or any employee of the Department
shall have the authority to reguiate the activities i,n such areas
when necessary to prevent congestion and to secure the maximum
use or to comply with any direction given to achieve this ent.
(b,) It shall be ur.lawful t.o use any portion of the picnic
areas or of any bui I ding or strucTdres therein for the purpose
of holding picnics to the exclusion of other persons, except
by permit; nor. shal I any person ,use such area and fac i I it ies
for an unreasonable time if the facilities ace crowd3.4.
(c) It shall be the duty of the persor? or persons using
a picni.c area (5) to see .;hat: if a fi re was used, to make sure
it has been completely ex-;inguished; to pick up all trash in
the nature of boxes, papers, cans, bott.les, garbage and other
refuse and place in the receptacles provided. If no such
-4-
trash receptacles are bvailable, then all refuse and trash
shall be carried awa), from tSe park area by the person or
persons responsible for. its presezce, and Ir;roperly disposed
of elsewhere.
(5) Recreatiori Centers and Buildicgs
(a) 'The Director is hereby authorized and empowered to
enforce all rules and regulations in this ordinance or issued
by the Board in accordEnce wi-ch the authsrity granted in this
ordinance.
(b) 'The Director may restrict the hours, days and weeks
of use of any t-ecreaticn centsr or buildisg and the Director
may restrict or remove any user, individual or group for
violation of any rules and regulations set forth herein.
(c) It shall be unlawful to wilifully mark, deface,
disfigure, injure, tamper with, or displace or remove any
buildings, bridges, tables, benches, fireplaces, railings,
paving or paving material, water lines or other public
utilities or parts of appurteiaas thereof, signs, notices
or placards whether temporary or permanent, monuments,
stakes, posts or other boucdary markers, or other structures
or equipment, faci I ities, or pavk property or appurtenances
whatsoever, either real or persona!.
(d) It shall also be the individual's responsibility
to cooperate in maintaining restrooms and washrooms in a
neat and sanitary condition.
(6) Tennis
(a) Tepnis cour-cs under the jurisdiction of the Department
shall be reserved only by written permit except for Department
sponsored programs.
(b) Use of said meijtioned terirlis courts shal I beisubject
to specific rules md regulations posted on such courts.
(7) Vehicles. -
(a) It shall be unlawful for any person opefating a
vehicle in any park or recreation area of the City to fail or
refuse to obey all traffic signs, or ott-!er traffic control
devices regulating the operat,icn, stopl;lir:g or parking of
vehicles. It shail be unlawt'yl for othar than authorized
personnel to park or drive on lawns, fields, or any other
places other thaE upon roadways asd parkisg areas clearly
constructed and established icr sdch p-rposes wi~bin the
parks, parkways, or other recreat io:;al iaz i I i,t ies of the
City. Laws pertaining to the prov is ior.s 6s oat I ined in
the state mtor vehicle .traiSi: lows in regsrd to eqluipment
and operation of vehicles are applicabie except that
pedestrians shall have the right of way dver vehic;es in
park areas.
-5-
park employees, or sucg' Fjersons %e Ing ,ereb.y aut%or ized an&
instructed to direct traffic whenever and wherever needed in
the parks and on the highways, streets or roads immediately
adjacent thereto il-l accordance with the provisions of tkse
regulations.
(b) It shzll be mlawisl t ISO ey zriy tr FfiL o fic rs,
cl' P
(c) The speed I imii: for vehicles in any 'park, parkway
or recreation facility shall be 15 miles per hour except
upon such roads as the Ccmrnon Council may design3te, by
posted signs, for higher rate of speed.
(d) Parking shall r!ot be permitted dur.ing regular closing
hours or in any areas closed by the Director. It shall be
unlawful to park so as to obstruct access roadways and parking
area or areas designated by sign for emergency vehicles use
only. Vehicles may be pclrked in park and recreation areas
only if the occupants are engaged in activity connected with
the area.
.. -
(e) Washing or ser;'icing of vehicles in any park or
recreation area in the Ci3y is proh Eited.
(f) All bicycle riclers shall obey traffic signs and
laws regulating the operetion stopping or parking of vehicle.
Bicycle riding will be gc.verr,ed further by safe ridir,g practices
and consideration for the use of park and recreation areas,
trails, and pathways by c,thers. Bicycle riding is prohibited
on playgrounds, tennis ccurts and game courts, or any area
where other activit.ies are in progress.
(g) No bicycle will be al lowed or! any road betweer, 30
minutes after sunset or before 30 minutes before sznrise
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 the bicycle.
(8) Water P.reas
(a) Swimming and wading are allowed o::!y in those pools
and beaches under The Jurisdiction of the Eepartment. Any
allowed swimming activity shall be subject to any specific
rules and reguIa.tions which may be isstied and en.forced by
the Director or @epartment employee.
(b) No boat or raft of any kind or description shall be
used in any designated swimming area except by permit is3ued
by the Director or a part of a Department Sponsored activity.
(9) Winter Sports
(a) No ice skating on any water body supervised by the
Department or' included in any park or recreatior. facility
is permitted unless the specific arTeas%-be used is so posted
or pub1 ic announcement has been msmy- the Director al lowing
such activity. When such areas are open for use, they are
subject to rules and regulations on program end safety as
issued by the Director.
/- %'
-6-
(b) Ice hockey shall not be permitted except- ir! designated
areas as part of a Department sponsored activity or by permit
issued by the Director.
(c) Sledding is
facility except
vehicle roadways
(d) It shal! be
recreation facil
i I permisssble within any park. or recre-ation
n skh '3reas where sleds would cobst across
unlawful to use snowmobiles on park lands or
ty excel>t in those areas seecificallv i
designated by the 6 i rect;>r.
26.03 ENFORCEMENT. The Director or any appointed employee of the
Department shall, in connection with their duties imposed by law, diligently
enforce the provisions of this Ordinance. Furthermore, the Director or any
appoiied employee of the Department shall have the authority to eject from
any park, parkway or recreational facility any person acting in violation
of this ordinance.
26.04 PENALTIES. Any person who shall violate any provisions
of this Chapter or any order, rule or regulation made herewith shall be
yi' bject to a penalty as provided in Section 25.04 of this Municipal Code.
SECTION 2: All ordinances and parts of ordinances inconsistent
withjor contravening this ordinance are hereby repealed.
SECTION 3: This ordinapce shall be in full force and effect
from and after its paFXa?$?and publication.
PASSED AND APPROVED THIS /8 DAY OF I977
ATTEST:
U ayor
-7-
Patricia R. Schultz being duly sworn.
doth depose and say that he is an authorized representative of
a newspaper published at .. Muskego. ..........
Wisconsin and that an advertisement of which the annexed is a
true copy, laken from said paper. was published lherein on
.... The . .Muskego .Sun. ............
/8/. /r?.?7.. .
............
.....................
.............
.... ..
.... (liigned)
BOOKKEEPER
Subscribed and sworn to before me this .day /F .........
of . .&,p
A:
tdy Commission expires February ...... 18 . ,1979
:* :iecreatlon,;'~laygrouad, b{e.ch<,,-. '(i)-Frr-F.west are'pe&it"!
OT ope"' sp& area):?wneil or?, ,ted only in endosed fireplay '1
used by the City, devoted to :or grills, provided for this pur- ~
passive or active leisure time. pose under such rules- and .:
building. awned or used by the prescribed by the Director ahd j
6. Recreation Facility: Is a regulations a's may .be i
City, devoted to passive UT nc- any' fire (a) shall be ex;
tive leisure time activities. tinpished before leaving any
'parkway. recreational building City,
or area shall include all.
All persons within the limits oi to have in any person's posses-
tiansl facility within the City of cause to explode or discharge or
and/or using.a park or recre?. ' sion or set-off or otherwise
Muskego are subject to th; burn, any firecrackers, torpedo, i
lollowing mles,and regulations: ,rocket, or other fireworks or ex- 1
(1) General , plosives of inflammab1e;i
_II ,:. :""* r.~.-..I;"
Reference to any one park, park or recreation ares of the '
i (j) Fireworks and Ex- j
26.02 Rules and Regulations: 8' plosive-It ahall be unlawful '
(a)'Advertising-shall not be ,material. or discharge them or/
permitted in any manner unless ,throw them into ani park or I
writing or in concessionaire con-
authorized by the Director ia,. . such area from land or highway\
tracts for goods sold on the pre-
(b) Amplification Systems
mimes.
Public address or other other subdance or mmpound
amplification devices may be .'that would be dangerous from
used only by special permit ob- any of he 'foregoing atand-
tainable from the Director. pints. except as allowed by
must be on a leash. not greater :j (k) Flying ObjeabIt shall
than six feet in length, or other- be uhlawfuuful :to. throw. strike.
(c) Animals-All animals i~w.
shall be unlawful to dig,i or
(0) .Natural ReioUrcekIt:
remove.'any beach sand,'
whether submerged ?r not, or
any soil, rack: stones. trees.
shrub. or plants. down-timber
or other wood or maleriale, or.
make any excavation by tool,
"means.
equipment. blasting or other
! (p) Permits-Tke Diredar'is
'hereby authorized to kue per- ! mits relating to any .use of ac-
commodatidn of any park or
~ The Board shall set the require- reereation' facility of the City.
menkfor the issuance oi any
permit and may include in those
requirements and fee andlor
deposit. The Dire&> shall hive
the power ~snd/suthority to
cancel any permit lor violation
ofthe requirements of the per-
mit ind violation of any of the
.rules and'regulations set forth
.therein.
(9) Pollution of Watets-lt
shall be unlawful to throw. dis-
charge. or otherwise place or
of any fountain, pond. lake,
cause to betlad in the waters
'stream b,ay or other body of
or any tributary, stream. storm
water in or edjacent to any park
ewer. or drain flowing into
such waters a'nysubatance, mat-
kr or thii. liquid orsolid, which
will oi may result in the pollu.
tion of said waters.
shall be unlawful to have
(r) Refuse and Trash-It
brought into, dump. depcsit or,
leave any bottles, broken glsss.
rubbish. waste, garbage, or
ashes, paper. boxes. cans. dirt.
refuse. or other..trssh. No such
i,n any 'waters in or contiguous
refuse or trash shall be placed
to any park. or left anywhere on
the grounds theieof. but shall be
pled or left in the proper
receptacles where these are pro-,
vided: where receptacles are not
80 provided, all such rubbish or
' from the park by the person
waste ahall be' carried away
hks&nsible for its presence. and-
\, .,(8) 'Sarem-It shall be
properly disposed of elsewhere.
lawful to sell or off?. for sale -
food-. end.lor .,yefreshrne~ti
souvenirs. or qny other!
obtained irom the Director.
merchandise unless a permit is
unlawful to construct ai erect
'(t] Structures-It shall be
an4 huildipg, tent. or structure
oi whatever kind, whether per-
manent 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.
Lawnrlt shall be unlawful ta
(u) Trees, Shrubbery?
,damage. cut, cawe, transplant.
er remwe any tree 01 plant, br
"
! (Z),Athletic Fields , I
(a\ 'Ihe ~irehtor of an ap-'
pointed employee ofthe,Depart.
merit shall enforce all rules and
tivities .upon any,athleitic tieldl
regulations. pertaining to ac-I
.in any park or recrestion ares
under the jurisdiction of the
the power to iasue rules and
City. 'The Director shall have
athletic fields and mpies of such
regulations governing .uch
on file with the Parks and
rules and regulations shall be
Recreation Department and the
City Clerk.
(b) All team or individuals
athletic field to any individuals
shall relinquish play on any
or team to whom a permit for
use of such facility has been
issued by the Diredor.
(c) The Director may restrict
or remove any player. players.
team or leagues from all public
fields for a gpecified time for
violations of rule4 and regula-
tions set forth in this ordinance
or isaued by the Director under
the authority of ihis ordinance.
and regulations &forth in this
(d) It shall, under the NkS
ordinance, be unlawful to dis-
turb or interfere unreasonably
cupying any areas or participat-
with any person or paity. oc:
authority of a permit. ,
ing in any 'activity. under the
(e) The Diredar shell ~hsve
the authority to $lose any.or all
public fields or play area? when
use of such area shall create
result of weather oi other condi-
maintenance problems as a
tians.
(a) Horseback riding shall be
(31 Equestrian Activities
permitted onb upon the
authorized bridle path unle-as
other areas are specifically
designated by the Director.
(4) Picnic Aress.aad Use
restricted to those. areas desig-
(a), All picniCs shall tie
nated for that purpose. The
Director or any employee 01 Lhr
Department shall have the
authority to regulate the ac-
tivities in such areas when
necessary to prevent conge+on
and to secure the maximum use
or to comply with my direction
given to achieve this end.
any portion of @e picnic areas
(b) ItshaH be unlayful to use
or of siy building or structures
therein for the purpoee of hald-
other persons. except by permit;
ing picnics to the exclubion of
nor shall any person use such ,
area anA facilities for nn
unreaaonsble time if the
facilities are crowded.
(c) It shall be the duty of the
person or persans using a picnic
area (5) to'eee &at::ifa fire was'
completalyertinguished; to pick
used. to make .a?, it has' been,
up all trash. in the nature of