Welcome to the
Parks of Erin Township

CHAPTER 10

TOWN PARK
 

TABLE OF CONTENTS

10.01-1     DEFINITION
10.02-1     PROTECTING PARKS AND RECREATIONAL AREAS
10.03-1     REGULATIONS
10.04-1     SANITATION
10.05-1     TRAFFIC
10.06-1     RECREATIONAL ACTIVITIES
10.07-1     BEHAVIOR
10.08-1     MERCHANDISING, ADVERTISING AND SIGNS
10.09-1     PARK OPERATING POLICY
10.10-1     ENFORCEMENT
10.11-1     PENALTIES
10.12-1     SEPARABILITY
            
Ordinance 96-15                 Adopted 6/17/96


10.01-1 
DEFINITION.                                                            
(1) "Park" or "Parks" means all lands, playground, waters and beaches heretofore and hereafter acquired by the town for park or recreational purposes placed under the jurisdiction of the Parks Committee and shall include without limitation, parks, beaches, parkways, pleasure drives, trails, and privately owned lands, the use of which has been granted the Town of Erin for parks, recreational or like purposes. 

(2) "Person" means on individual, partnership, corporation, firm, company, association, society, or group.

10.02-1
PROTECTING PARKS AND RECREATIONAL AREAS.
(1) Purpose. To protect the parks and recreational areas from abuse and maintain general order therein; and to further the safety, health and welfare of all persons while within the limits of the park and recreational areas. Wisconsin Statutes 27.13, 60.66, 27.08, 27. 10.

10.03-1 
REGULATIONS. NO PERSON IN A PARK SHALL WITHOUT TOWN BOARD OR PARK BOARD PERMISSION:
(1) Buildings and other property.
     (a) Disfiguration and Removal. Wilfully mark, deface, disfigure,
injure, tamper with or displace or remove, any building, structures,
tables, benches, fireplaces, railings, paving or paving material,
utilities or parts or 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.
     (b) Restrooms and Washrooms. Fail to cooperate in maintaining
restrooms and washrooms in a neat and sanitary condition or use
for other than it's intended purpose.
     (c) Removal of Natural Resources. Dig, or remove any 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 un or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.

(2) Trees, Shrubbery, Lawns.
     (a) Injury and Removal. Damage. cut, carve, transplant or remove any tree or plant, 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.
     (b) Climbing Trees, etc. Climb any tree or walk, stand or sit upon
monuments, railing, fences or upon any other property not
designated or customarily used for such purposes.

(3) Wild Animals, Birds, etc.
     (a) Hunting. Hunt, molest, harm, frighten, kill, trap, chase, tease,
shoot, or throw missiles at any animal, reptile 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.
     (b) Feeding. Give or offer, or attempt to give to any animal or bird
any known noxious substances.

10.04-1 
SANITATION. NO PERSON IN A PARK SHALL:
(1) Pollution of Waters. Throw, discharge or otherwise place or cause to be placed in the waters of any pond, stream, bay or other body of water in or adjacent to any park or any tributary, stream, or drain flowing into such waters, any substance, matter or thing, 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 or material. 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 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.

10.05-1 
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 provisions of these regulations and such supplementary regulations as may be issued.

(3) Obey Traffic Signs. Fail to observe carefully all traffic signs indicating
speed, direction, caution, stopping, or parking, and all others posted for
proper control and to safeguard life and property.

(4) Speed of Vehicles and weight. Ride or drive a vehicle at a rate of speed exceeding 5 miles an hour, except upon such roads as the Park
Superintendent may designate, by posted signs, for speedier travel. Drive
a vehicle into Park Property in excess of posted weight limits unless
authorized by the Town.

(5) Operation Confined to Roads. Drive any vehicle on any area except the designated park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas.

(6) Parking.
     (a) Designated Areas. Park a vehicle in other than an established or
designated parking area at designated times.

(7) Bicycles/Skateboards.
     (a) Confined to Roads. Ride a bicycle or skateboard (or similar
device) on other than a designated park road unless authorized.
     (b) Designated Racks. Leave a bicycle in a place other than a bicycle
rack when such is provided and there is a space available.

10.06-1 
RECREATIONAL ACTIVITIES. NO PERSON IN A PARK SHALL:
     (1) 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.
     
(2) 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 maximum use for the comfort and convenience of all.
Visitors shall comply with any directions given to achieve this end.
     (b) Availability. Violate the regulation that use of the individual
fireplaces together with tables and benches follows generally the
rule of "First come, first served."
     (c) Camping. There shall be no overnight camping.
     (d) Games. Take part in or abet the playing of any games involving
thrown or otherwise propelled objects such as balls, stones, arrows,
javelins or model airplanes except in areas set apart for such forms
of recreation.
     (e) Horseback Riding. Ride a horse except on designated bridle trails.
Where permitted, horses shall be thoroughly broken and properly
restrained, and ridden with due care, and shall not be allowed to
graze or go unattended.

(3) Intoxicating. No person shall be intoxicated on Park grounds

10.07-1 
BEHAVIOR. NO PERSON IN A PARK SHALL WITHOUT PERMISSION:
(1) Fireworks and Explosives. Brought, or 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 throw them into any such area from land or highway adjacent thereto.

(2) Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated.

(3) Closed Areas. Enter an area posted as "Closed to the Public." nor shall any person use, or abet the use of any area in violation of posted notices.

(4) Games of Chance. Gamble, or participant on or abet any game of chance.

(5) Going Onto Ice. Go onto the ice on any of the waters except such areas as are designated as skating fields, and at designated times.

(6) Loitering and Boisterousness. Engage in loud, boisterous, threatening,
abusive, insulting or indecent language, or engage in any disorderly
conduct or behavior tending to a breach of the public peace. No
amplification of sound is permitted.

(7) Exhibit Permits. Fail to produce and exhibit any permit he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.

(8) 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.

(9) Skiing, Sledding. Ski or sled except in designated areas.

(10) Snowmobile. Snowmobile except in designated areas.

(11) Animals. All animals brought into park shall be leashed and all waste shall be disposed of properly.

(12) Golf. Golf on park property.

(13) Swim or Boat. Swim or boat on Park Property.

10.08-1 
MERCHANDISING, ADVERTISING AND SIGNS. NO PERSON IN A PARK.SHALL WITHOUT TOWN APPROVAL:
(1) Vending and Peddling. Expose or offer for sale any article or thing, nor shall he station or place any stand, cart, or vehicle for the transportation, sale or display of any such article or thing. Exception is authority and regulation of the Park Superintendent.

(2) Advertising. Announce, advertise, or call the public attention in any way to any article or service for sale or hire.
(3) Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription whatever, or shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park.

10.09-1 
PARK OPERATING POLICY.
(1) Hours. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours 6:00 a.m. - 10:00 p.m.. The opening and closing hours for each individual park shall be posted therein for public information.

(2) Closed Areas. Any section or part of any park may be declared closed to the public by the Park Superintendent 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 Park
Superintendent shall find reasonably necessary.

(3) Lost and Found Articles. The finding of lost articles by park attendants shall be reported to the Park Superintendent who shall make every reasonable effort to locate the owners. The Park Superintendent shall make every reasonable effort to find articles reported as lost.

(4) Permit. A permit shall be obtained from the Town Clerk or his designee before participating in the following park activity:
     (a) Application. A person seeking issuance of a permit hereunder
shall file an application with the Town Clerk. The application
shall state:
     1. The name and address of the applicant;
     2. The name and address of the person, persons, corporation
or association sponsoring the activity, if any;
     3. The day and hours for which the permit is desired;
     4. The park or portion thereof for which such permit is
desired;
     5. An estimate of the anticipated attendance;
     6. Any other information which the Town Clerk shall find
reasonably necessary to a fair determination as to whether a
permit should issue hereunder;
     7. Fees: Each application shall be accompanied by the
appropriate fee and or bond as required by the regulations
of the Park Board
     (b) Standards for Issuance. The Town Clerk shall issue a permit
hereunder when he finds:
     1. That the proposed activity or use of the park will not
unreasonably interfere with or detract from the general
public enjoyment of the park:
     2. The proposed activity and use will not unreasonably
interfere with or detract form the promotion of public
health, welfare, safety and recreation;
     3. That the proposed activity or use is not reasonably
anticipated to incite violence, crime or disorderly conduct;
     4. That the proposed activity will not entail unusual,
extraordinary or burdensome expense or police operation
by the Town.
     5. That the facilities desired have not been reserved for other
use at the day and hour required in the application. Permits
shall be issued on a 1st come 1st served basis.
     (c) Appeal. Within 5 days after receipt of an application the Town
Clerk shall apprise an applicant in writing of his reasons for
refusing a permit, and any aggrieved person shall have the right to
appeal to the Park Board in writing within 10 days. The decision
of the Park Board shall be final.
     (d) Effect and Display 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. Permits shall be in
the processing of the permittee at all times and shall be presented
for inspection upon request.
     (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 Town Clerk shall have the authority to revoke a
permit upon a finding of violation of any rule or ordinance, or upon
good cause shown.

10.10-1
ENFORCEMENT.
(1) Any law enforcement officer of the County may without a warrant arrest any offender whom he may detect in the violation of any of the provisions of this chapter and take the person arrested before a magistrate having competent jurisdiction. He shall have at all times the right to enter the premises of any building, structure, or enclosure in any park or parkway including such grounds, buildings, structures, or enclosures which may be leased to or set aside for private or exclusive use of any individual or group of individuals for the purpose of arresting violators. Duly authorized law enforcement personnel and park personnel are exempt from the provisions of this ordinance to the extent necessary to perform their duties. Any authorized Town Official may issue a citation alleging a violation of this ordinance.

10.11-1
PENALTIES.
(1) Any person convicted of violating any of the provisions of this ordinance shall be subject to a forfeiture of not less than $50.00 nor more than $1,000.00 together with the costs of the action and in default of payment, be imprisoned in the County Jail for a period not to exceed 90 days.

10.12-1 
SEPARABILITY.
(1) Should any section, clause or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the
ordinance as a whole or any part thereof other than the part so declared
invalid.