ORD20151397-Chapter 26-Final
CITY OF MUSKEGO
CHAPTER 26- PARKS AND RECREATION REGULATIONS
(Recreated with the adoption of Ordinance #1397 on May 12, 2015)
26.01 DEFINITIONS ..................................................................................................................... 1
26.02 RULES AND REGULATIONS ............................................................................................. 1
26.03 NAMING OF PUBLIC FACILITIES ..................................................................................... 7
26.04 ENFORCEMENT ............................................................................................................... 8
26.05 PENALTIES ....................................................................................................................... 8
CITY OF MUSKEGO
CHAPTER 26 - PARK AND RECREATION REGULATIONS
(Ord. #1397 – 5/21/2015)
26.01 DEFINITIONS
As used in these rules and regulations, the following terms, phrases, words and their derivations,
unless the text clearly indicates to the contrary, shall have the meaning indicated herein.
(1) City: The City of Muskego, Waukesha County, Wisconsin.
(2) Committee: The Parks and Conservation Committee of the City of Muskego,
Wisconsin.
(3) Department: The Department of Public Works and the Department of Parks and
Recreation of the City of Muskego, Wisconsin.
(4) Manager: The Manager of the Recreation Department of the City of Muskego,
Wisconsin, who is immediately in charge of any recreational use of a park, parkway,
or recreational facility within the City, to whom all employees of the Recreation
Department are responsible.
(5) Director: The Director of the Public Works Department of the City of Muskego,
Wisconsin, who is immediately in charge of the maintenance of any park, parkway,
or recreational facility with in the City, to whom all employees of the Public Works
Department are responsible.
(5) Park: Is a park, parkway, recreation, playground, beach or open space area,
owned or used by the City, devoted to passive or active leisure time.
(6) Recreation Facility: Is a building, owned or used by the City, devoted to passive or
active leisure time activities.
(7) Permit: Any form of approval given in writing, verbally, or through a permit
application form by the Manager, Director or Committee
Reference to any one park, parkway, recreational building or area shall include all.
26.02 RULES AND REGULATIONS
All persons within the limits of and/or using a park or recreational facility within the City of Muskego
are subject to the following rules and regulations:
(1) General:
(a) Advertising - shall not be permitted in any manner unless authorized by the
Manager, Director or Committee in writing or in concessionaire contracts for goods
sold on the premises.
(b) Amplification Systems - Public address or other amplification devices may be used
only by special permit obtainable from the Committee and/or Manager.
(c) Animals - All domestic animals are prohibited in said areas except when approved
by the Manager, Director or Committee.
The Parks and Conservation Committee of The City Of Muskego has designated
the Muskego Recreation Trail (Wisconsin Electric Power Company right of way) as
an area allowing dogs. This designation is effective 6-13-95 in accordance with
Ordinance #630.
Conditions where dogs are allowed include the following:
1. Dogs must be on a leash no greater than 6 feet in length.
2. Dogs must be under the control of the owner at all times.
3. Dog waste must be cleaned up by the owner.
(d) Alcoholic Beverages
1. No intoxicating liquor shall be sold, stored or consumed in any park,
parkway, recreational facility, athletic field, or playground apparatus area at
any time with the exception of wine addressed in 26.02(1)(d) 2.
2. No wine as defined in Wis. Stats. 125.02(22) shall be stored or consumed in
any park, parkway, recreational facility, athletic field, or playground
apparatus area at any time, with the exception of the Old Town Hall with
prior consent of the Manager, or unless the Common Council has
authorized the issuance of a temporary “Class B” wine (picnic) license for
the sale of wine.
3. No fermented malt beverage (beer and wine coolers with a fermented malt
base) may be consumed on any athletic field or playground or playground
apparatus at any time.
4. No fermented malt beverage (beer and wine coolers with a fermented malt
base) may be consumed in any park, parkway, recreational facility without
prior consent of the Manager through a permit.
5. No fermented malt beverage (beer and wine coolers with a fermented malt
base) may be sold in any park, parkway, recreational facility unless the
Common Council has authorized the issuance of a temporary Class “B”
fermented malt beverage license.
(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 specifically permit their use.
(g) Disturbance - It shall be unlawful within any park, parkway, recreation building or
area of the City to disturb the peace of others by violent, tumultuous, offensive, or
obstreperous conduct, or by loud or unusual noises or by unseemingly profane,
vulgar, obscene or offensive language or conduct, or to assault, strike or fight
another, or to in any way break the peace.
(h) Fires - Fires are permitted only in enclosed fireplace or grills, provided for this
purpose under such rules and regulations as may be prescribed by the Director
and/or Manager and any fire(s) shall be extinguished before leaving any park or
recreation area of the City.
(i) Fireworks and Explosives - It shall be unlawful to have in any person's possession
or set-off or otherwise cause to explode or discharge or burn, any firecrackers,
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torpedo, rocket or other fireworks or explosives of inflammable material, or
discharge them or throw them into any park or 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 that would be
dangerous from any of the foregoing standpoints, except as allowed by law.
(j) 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, drones, 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
Manager
(k) Hours - Parks shall normally be open daily from 5:00 a.m. until 10:00 p.m., and
normally be closed from 10:00 p.m. to 5:00 a.m. except for activities and events
sponsored by the Department or authorized by permission of the Director and/or
Manager, and except for the purpose of using the boat launch to launch or remove
a water craft. Any park or recreational facility may be declared closed to the public
by the Director and/or Manager at any time for any interval of time, with temporarily
or stated intervals as the Director and/or Manager shall find reasonably necessary.
It shall be unlawful to go upon areas or parts of any park or recreational facility of
the City when it has been declared to be closed to the public by the Director and/or
Manager.
(l) Hunting and Firearms - It shall be unlawful in any park to hunt, trap or pursue
wildlife at any time. No person shall use, carry or possess firearms of any
description or airrifles, spring-guns, bow and arrows, slings, or any other forms of
weapons potentially inimical to wildlife and dangerous to human safety, or any
instruments that can be loaded with the fire blank cartridges, or any kind of trapping
device unless activity is approved by the Committee through offered activities and
park amenities. Shooting into park areas from beyond park boundaries is prohibited.
This code section shall not supersede concealed carry law as provided in 2011
Wisconsin Act 35. Hunting and trapping shall be allowed on certain city-owned
lands in accordance with Wisconsin Department of Natural Resources regulations
and City policies where approved separately by Common Council Resolution. (Ord.
#1357 – 03-08-12)
(m) Lost and Found - The finding of lost articles by any person shall be reported to the
Recreation Department which shall make every reasonable effort to locate the
owners. The Recreation Department shall make every reasonable effort to find
articles reported as lost. After two months, all items will be donated. Items valued
at $100 or more will be turned over to the Muskego Police Department.
(n) 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 make any excavation by tool, equipment blasting or
other means. Exceptions can be granted by Manager, Director or Committee.
(o) Permits - The Manager is hereby authorized to issue permits relating to any use of
accommodation of any park or recreation facility of the City.with the exception of
major events that consume the majority of a park. Conditions through an agreement
will be recommended by the Committee to the Common Council for approval. The
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Manager 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 regulations set forth
therein.
(p) Pollution of Waters - 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 to any park or any tributary, stream, storm sewer, or
drain flowing into such waters any substance, matter or this, liquid or solid, which
will or may result in the pollution of said waters.
(q) Refuse and Trash - It shall be unlawful to have brought into, dump, deposit or leave
any bottles, broken glass, ashes or other trash not related to park use. No park use
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 receptacles are not so 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.
(r) Sales - It shall be unlawful to sell or offer for sale food and/or refreshment,
souvenirs, or any other merchandise unless approval is obtained from the Manager
and/or Committee.
(s) Structures - It shall be unlawful to construct, erect, or store any building, 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 park lands, except on
special written permit issued by Manager and/or Director.
(t) 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.
(u) Workmen and Work Areas - The use of any park or recreation area shall be
relinquished to any City or Park employee carrying out work assignments. Public
use of work and maintenance area is not permitted.
(v) The Manager and/or Director may from time to time establish areas on city-owned
property upon which fishing is prohibited; said areas shall be clearly marked by
signs indicating that fishing is prohibited.
(w) It shall be unlawful to 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 parts of
appurtenances thereof, signs, notices or placards whether temporary or permanent,
monuments, stakes, posts or other boundary markers, or other structures or
equipment, facilities, or park property or appurtenances whatsoever, either real or
personal.
(x) Geocache - Small geocache items can be placed in parks with the location
approved by the Director and/or Manager, as long as they are located away from
active use park areas, away from roads, accessible to parking, placed above
ground so no soil disturbance occurs, and activities occur only during park hours.
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(2) Athletic Fields
(a) The Manager or an appointed employee of the Department shall enforce all rules
and regulations pertaining to activities upon any athletic field in any park or
recreation area under the jurisdiction of the City. The Manager 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.
(b) All teams or individuals shall relinquish play on any athletic field to any individuals or
teams to whom a permit/approval for use of such facility has been issued by the
Manager.
(c) The Manager may restrict or remove any player, players, 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 Manager under the authority of this ordinance.
(d) It shall, under the rules and regulations set forth in this ordinance, be unlawful to
disturb or interfere unreasonably with any person or party, occupying any areas or
participating in any activity, under the authority of a permit.
(e) The Manager shall have the authority to close any or all public fields or play areas
under the jurisdiction of the City when use of such area shall create maintenance
problems as a result of weather or other conditions.
(3) Equestrian Activities
(a) Horseback riding shall be permitted only upon any authorized areas specifically
designated by the Director and/or Manager any other decision-making governing
body
(4) Picnic Areas and Use
(a) All picnics shall be restricted to those areas designated for that purpose. The
Manager or any employee of the Department shall have the authority to regulate
the activities in such areas when necessary to prevent congestion and to secure the
maximum use or to comply with any direction given to achieve this end.
(b) It shall be unlawful to use any portion of the picnic areas or of any building 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) It shall be the duty of the person or persons using a picnic area(s) to see that: If a
fire was used, to make sure it has been completely extinguished; to pick up all trash
in the nature of boxes, papers, cans, bottles, garbage and other refuse and place in
the receptacles provided. If no such trash receptacles are available, then all refuse
and trash shall be carried away from the park area by the person or persons
responsible for its presence, and properly disposed of elsewhere.
(5) Recreation Centers and Buildings
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(a) The Manager and/or Director is hereby authorized and empowered to enforce all
rules and regulations in this ordinance in accordance with the authority granted in
this ordinance.
(b) The Manager may restrict the hours, days and weeks of use of any recreation
center or building and the Manager may restrict or remove any user, individual or
group for violation of any rules and regulations set forth herein.
(c) It shall also be the individual's responsibility to cooperate in maintaining restrooms
and washrooms in a neat and sanitary condition.
(6) Tennis
(a) Tennis courts under the jurisdiction of the Parks and Recreation Department shall
be reserved only by written permit except for Department sponsored programs.
(b) Use of said mentioned tennis courts shall be subject to specific rules and
regulations posted on such courts.
(7) Vehicles
(a) It shall be unlawful for any person operating a vehicle in any park or recreation area
of the City to fail or refuse to obey all traffic signs, or other traffic control devices
regulating the operation, stopping or parking of vehicles. It shall be unlawful for
other than authorized personnel to park or drive on lawns, fields, paved or unpaved
trails, or any other places other than upon roadways and parking areas clearly
constructed and established for such purposes within the parks, parkways, or other
recreational facilities on the City. Laws pertaining to the provisions as outlined in
the state motor vehicle traffic laws in regard to equipment and operation of vehicles
are applicable except that pedestrians shall have the right-of-way over vehicles in
park areas.
(b) It shall be unlawful to disobey any traffic officers, park employees, or 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 provisions of these regulations.
(c) The speed limit for vehicles in any park, parkway or recreation facility shall be 15
miles per hour except upon such roads as the Common Council may designate, by
posted signs, for higher rate of speed.
(d) Parking shall not be permitted during regular closing hours or in any areas closed
by the Manager and/or 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 parked in park and recreation areas only if the
occupants are engaged in activity connected with the area. Parking in parks, after
park hours, is allowed only with approval from the Manager, Director and/or
Committee.
(e) Washing or servicing of vehicles in any park or recreation area in the City is
prohibited.
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(f) All bicycle riders shall obey traffic signs and laws regulating the operation stopping
or parking of vehicle. Bicycle riding will be governed further by safe riding practices
and consideration for the use of park and recreation areas, trails, and pathways by
others. Bicycle riding is prohibited on playgrounds, tennis courts and game
courts/fields, or any area where other activities are in progress.
(g) No bicycle will be allowed on any road between 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 reflector plainly visible from at least 300 feet from
the rear of the bicycle.
(8) Water Areas
(a) Swimming and wading are allowed only in beaches under the jurisdiction of the
Parks and Recreation Department. Any allowed swimming activity shall be subject
to any specific rules and regulations which may be issued and enforced by the
Manager or Department employee.
(b) No boat or raft of any kind or description shall be used in any designated swimming
area except by permit issued by the Manager or a part of a Department sponsored
activity.
(c) No boat shall be moored to any public lake access dock or shoreline without prior
approval from the Director, Manager and/or Committee. Mooring is defined as tying
boat to said dock/shoreline with the engine/motor off.
(d) Director and/or Manager approved launch fees are established for anyone using a
city public boat launch. Launch use is defined as a trailer’s wheels entering the
launch ramp area and water for the purpose of launching a watercraft.
(9) Winter Sports
(a) No ice skating on any water body supervised by the Department or included in any
park or recreation facility is permitted unless the specific areas to be used is so
posted or public announcement has been made by the Manager allowing such
activity. When such areas are open for use, they are subject to rules and
regulations on program and safety as issued by the Manager.
(b) Ice hockey shall not be permitted except in designated areas as part of a
Department sponsored activity or by permit issued by the Manager.
(c) Sledding is permissible within any park or recreation facility except in such areas
where sleds would coast across vehicle roadways.
(d) It shall be unlawful to use snowmobiles on park lands or recreation facility except in
those areas specifically designated by the Manager and/or Director, with approval
from the Committee (or Public Safety).
26.03 NAMING OF PUBLIC FACILITIES
(1) Requests for the naming or the renaming of public buildings, facilities, and parks shall be
submitted in writing. Requests concerning parks shall be brought before the Committee for
recommendation to the Common Council. Requests concerning buildings and facilities
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shall be brought before the Committee of the Whole. The person(s) who submitted the
request shall provide background information into the rationale behind the request,
including biographical information if to be named after a person. Any letters from
appropriate organizations and individuals which provide evidence of substantial local
support for the proposal shall be submitted at that time. Naming shall be accomplished
through adoption of a formal resolution by the Common Council.
(2) Once a public building, park, or facility is named after a person, the name of the public
property cannot be changed for a period of one hundred years.
(3) All costs associated with the naming, including the cost of any recording necessary and the
cost of signage shall be paid by the person(s) submitting the request. This cost may be
waived by the Common Council.
26.04 ENFORCEMENT
The Director and/or Manager or any appointed employee of the Department(s) shall, in connection
with their duties imposed by law, diligently enforce the provisions of this Ordinance. Furthermore,
the Director and/or Manager or any appointed employee of the Department(s) shall have the
authority to eject from any park, parkway or recreational facility any person acting in violation of
this ordinance.
26.05 PENALTIES
Any person who shall violate any provisions of this Chapter or any order, rule or regulation made
herewith shall be subject to a penalty as provided in Section 25.04 of this Municipal Code.
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