HomeMy WebLinkAboutOrdinance No. O06-08ORDINANCE NO. 006-08
ORDINANCE AMENDING SECTION 12.28 OF THE LAUREL MUNICIPAL CODE
ELIMINATING THE PREVIOUS ESTABLISHED PARK COMMITTEE; AND REPLACING
THE COMMITTEE WITH A NEWLY-CREATED AND APPOINTED PARK BOARD; AND
PROVIDING SPECIFIC DUTIES AND RESPONSIBILITIES FOR THE NEWLY-CREATED
PARK BOARD; AND TO ESTABLISH RESTRICTED HOURS FOR USE OF "KIDS
KINGDOM" IN KIWANIS PARK.
WHEREAS, the previously created and established Park Committee has become inactive and no
longer effective for the City of Laurel; and
WHEREAS, the use of the City's parks is becoming increasingly popular, and, with increased
use and demand for the parks by citizens and visitors in the City of Laurel, it is readily apparent the City
Council must take action to protect the parks as well as Laurel citizens to provide for the orderly use
and administration of the parks; and
WHEREAS, the City Council desires to create a Park Board to develop and promulgate
recommended rules and regulations for the City's parks for consideration and adoption by the City
Council; and
WHEREAS, based on the findings and recommendations contained herein, the City Council
hereby acts as follows:
IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that the Laurel
Municipal Code is hereby modified and amended as follows:
Chapter 12.28
PARK RULES AND REGULATIONS
Sections:
12.28.010
Creation and Establishment of a City Park Board
12.28.020
12.28.030
12.28.040
12.28.050
12.28.060
12.28.0~70
12.28.0-380
12.28.049_Q0
12.28.0-5100
Term of Office
Compensation
Operation
Park ~!ttzc Board authority
Park hours
Use of tennis courts restricted
Use of South Pond restricted
Use of motor vehicles restricted
Violation--Penalty
12.28.010 Creation and Establishment of a City Park Board.
There is hereby created and established an advisory board to the City Council that shah be
known as the Park Board for the City of Laurel ("Board") which shall consist of seven members who
shah constitute three sitting members of the City Council and four members at large who must reside in
the City or who must live within two (2) miles thereof. The Mayor shall appoint all members with
approval of the Council, The members shall come from diverse interest groups including, but not
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limited to, school teachers, club members, homeowners, business owners, park professionals and/or
representatives from the City government.
12.32.020 Term of Office
The term of office for the members shall be four years except that the term of three of the
members appointed to the first Board shall be for two years and the term of four members of the first
Board shall be for four years. In the event that a vacancy shall occur during the term of any member,
his/her successor shall be appointed for the unexpired portion of the respective tenn.
12.32.030 Compensation
Members of the Board shall serve without compensation.
12.32.040 Operation
The Board shall select its own officers (if any), make its own operational roles and regulations to
govern its meetings, schedule its own meetings dates and times for the convenience of its members and
shall keep a record of its proceedings. All meeting dates and times shall be posted at City Hall. A
majority of the members shall be a quorum for the transaction of business.
12.28.050 Park ........... Board authority.
A. The pPark cz.m~m/ttzz Board of the City shall have the authority and discretion to:
develop proposed ordinances, rules and/or regulations that govern the general use of all City parks with
consideration of public input for presentation to the City Council for consideration and adoption by the
City Council;
..... ~ ........... c .... 1~. Establish a oro~osed permit system to provide for an advanced
reservation system for the exclusive use ora City park or City park improvement by a person or group
to be administered by City Staffupon approval by the City Council;
3. Prepare and adopt proposed roles or regulations governing or limiting the possession or
use of alcoholic beverages in City parks by any person or group of people, including establishment of a
prooosad pcmrtit and registration procedure for the possession or use of alcoholic beverages by any
group of people to be administered and enforced by City Staff and/or the City Police when applicable
upon approval by the City Council;
4. Negotiate terms for lease agreements for City parks or other City park related
improvements with current or new users, groups or clubs on the City Council's behalf. When
completed, the Park Board shall present each negotiated proposed lease agreement to the City Council
for anoroval and adoption by Resolution of the City Council.
B. All park ordinances, roles and regulations promulgated by the Park Board shall be
adopted by the City Council upon recommendation by the pPark cz.'r~'r2ttzz Board pursuant to this
section. All rules, reaulations and/or ordinances adopted hereunder shall be posted in a public place at
each park affected thereby or be available at the office of the City Clerk Treasurer. (Ord. 966, 1990:
Ord. 949, 1989: prior code § 16.02.010)
12.28.060 Park hours.
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until six
B.
C.
D.
forth in Section
Except as otherwise m'ovided herein, ~all city parks shall be closed from twelve p._a. nc
each night.
No person shall remain in or upon any city park during closed hours.
This section shall not apply to the overnight camping areas designated in Riverside Park.
The children's playground equipment commonly known as "Kids Kingdom" at Kiwanis
Park shall close at sunset and reopen at sunrise.
Any person violating the terms of this section shall, upon conviction, be punished as set
12.28.050 of this code. (Ord. 938, 1988: prior code § 16.02.040)
12.28.070 Use ofteunis courts restricted.
A. City tennis courts shall be used only for the practice and playing of tennis. All other
activities are prohibited on all city tennis courts. No person shall use or occupy any city tennis court or
any part thereof for any purpose other than the playing or practicing of tennis.
B. Any person violating the terms of this section shall, upon conviction, be punished by a
fine not exceeding one hundred dollars. (Ord. 921, 1987: prior code § 16.02.030)
12.28.080
A.
1.
section;
2.
B.
subject to
1.
a p~mfit;
2.
Use of South Pond restricted.
The following activities are prohibited at South Pond at all times:
Swimming, except for approved SCUBA diving and skin diving as set forth in this
Motorized or power boating of any kind.
Scuba diving and skin diving shall be permitted at South Pond by advance permit only,
the following restrictions:
Any person, prior to skin or SCUBA diving in South Pond, shall first obtain from the city
Permits granted hereunder are given pursuant to Montana Code Annotated § 70-16-
302(1). The city shall not collect any fee for issuing a permit hereunder. The city shall not be liable for
any accidents or injury to persons or property derived from skin or SCUBA diving or related activities.
Every applicant must sign release and waiver of liability before receiving a permit hereunder;
3. The city shall not issue a permit unless the applicant first displays to the city a current
certification of diving qualification issued by a recognized diving training school affiliated with one of
the below listed organizations. Student applicants must be accompanied by a certified instructor at all
times and are subject to all other requirements of this section. The following organizations are
recognized by the city as proper certifying authorities:
a. N.A.U.I.--National Association of Underwater Instructors,
b. P.A.D.I.--Professional Association of Diving Instructors,
c. Y.M.C.A.--Young Men's Christian Association,
d. N.A.S.D.S.--National Association of Skin Diving Schools,
e. P.S.I.C.--Pro fessional Divers Instructional College;
4. All permitees shall be subject to all federal and state laws, rules and regulations
pertaining to SCUBA diving and skin diving;
5. Any permit issued hereunder may be revoked at any time by city police officers, with or
without cause. Divers shall immediately leave the pond upon demand of any police officer.
C. Any person who violates any of the terms or provisions of this section shall, upon
conviction therefore, be punished in accordance with the provisions of Section 1.36.010 of this code.
(Ord. 980, 1991: Ord. 815, 1985: prior code § 16.02.020)
12.28.090 Use of motor vehicles restricted.*
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A. No person shall drive or otherwise operate any motor vehicle in any city park except in
or upon gravelled or paved parking areas.
B. This ordinance shall not apply to city vehicles in the regular operation and conduct of
city business or to construction or maintenance vehicles belonging to any contractor performing any
work for the city in any city park.
C. Users of Riverside Park, however, may operate vehicles only upon designated, defined
roadways therein.
D. Any violation of this ordinance shall, upon conviction thereof; be punishable as provided
in Section 1.36.010 of this code. (Ord. 807, 1985: prior code § 16.02.020)
* There were two sections numbered 16.02.020 added to the Laurel prior code.
12.28.100 Violation--Penalty.
A. Any person violating any provision of this chapter for which another penalty has not
been specifically provided shall, upon conviction thereof; be punished as set forth in Section 1.36.010 of
this code.
B. Any person violating any ordinance, rule or regulation adopted by the park committee
pursuant to this chapter shall, upon conviction thereof; be punished by a frae not to be less than fifty
dollars nor more than five hundred dollars, or by imprisonment for a term not exceeding six months, or
both. (Ord. 967, 1990: prior code § 16.02.050)
This ordinance shall become effective thirty (30) days after final passage by the City Council and
approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on
September 19, 2006, by Alderperson Johnson
PASSED and ADOPTED by the Laurel City Council on second reading this Sth day of
November ~ 2006, upon motion of Alderperson Hart
APPROVED BY THE MAYOR this 8th day of November , 2006.
ennetl~ E. Olson, Jr.ffl~ayor
ATTEST:
t~a urnce, P.L.L.P.
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