HomeMy WebLinkAboutORDINANCE NO. 07-01-03ORDINANCE NO. 07-01-03
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 8, RECREATION AND PARKS,
AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED IN THE
FUTURE AS CHAPTER 8 (RECREATION AND PARKS) AS ATTACHED HERETO AND
INCORPORATED HEREIN; AND FOR OTHER PURPOSES
The Council of the City of Milton hereby ordains while in regular session on the 18`h day of January,
2007 at 5:30 pm as follows:
SECTION 1. That the Ordinance relating to Recreation and Parks is hereby adopted and approved; and is
attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 8 of the Code of Ordinances of the City
of Milton, Georgia; and,
SECTION 3. That this Ordinance shall become effective on January 18, 2007.
ORDAINED on this 181h day of January, 2007.
Approved:
/Ay
Joe Lockw ayor
Attest:
Chapter 8: Recreation and Parks
Article 1: Regulation ofPublic Parks.
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Section 1: Applicability.
This section shall apply to all designated municipal public parks, which are defined for
purposes of this article as any park, playground, green space, or place limits of the City to
which the general public has access and a right to frequent, for business, entertainment, or for
other lawful purposes, and which has been either deeded to or dedicated to public use or
ownership. Municipal public parks shall also include the sidewalks abutting any park,
playground, or place above described.
Section 2: Recreation and Parks Director.
(a) The City Manager may appoint a Recreation and Parks Director, or the City may
contract with a third party to perform the duties of a Recreation and Parks Director.
(b) Recreation and Parks Director's Duties. The Recreation and Parks Director shall:
(i) Implement and support the policies of the Mayor, City Council, and City
Manager;
(ii) Develop, direct, and implement the Recreation and Parks Master Plan at the
direction of the City;
(iii) Determine, prioritize, establish, conduct, construct, and maintain a recreation
and parks system for the City that meets the leisure needs of the citizens,
including but not limited to parks, playgrounds, trails, indoor recreation
centers, programs, activities, and the maintenance and repair of such facilities
and grounds as required
(iv) Recommend the setting aside, leasing, or acquisition of land, buildings and
facilities within the City limits for use as parks, playgrounds, recreation
centers, or for other recreational purposes, and to provide for the maintenance
and improvement of these areas;
(v) Otherwise assist in the operation and enforcement of this Chapter
Section 3: Permitted Park Activities.
(a) The City Manager may recommend a permit application policy and procedure to the
Mayor and Council for non city -sponsored events.
(b) The City Manager shall establish guidelines regarding permitted uses of municipal
.•. parks and related facilities for city -sponsored activities and private events.
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00- (c) The Recreation and Parks Director shall implement those guidelines.
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(d) The Milton Recreation and Parks Department shall schedule the use of all city parks
and facilities for organized activities, programs, assemblages, gatherings, games and
similar activities. No individual or group shall erect any booth or stand or sell any
article or services within the limits of any city park without the written consent of the
director of recreation and parks or his authorized representative. Such consent may
also be given by the City Manager, provided the Recreation and Parks Department is
made aware of the proposed use and it does not conflict with other scheduled
activities.
Section 4: Prohibited Acts in Public Parks.
(a) Alcoholic beverages. It shall be unlawful for any person to possess and/or consume
any alcoholic beverage, or be under the influence of alcoholic, malt and/or vinous
beverage, within any public park and/or within any building or facility under the
supervision of the Milton Recreation and Parks Department unless such usage is
expressly permitted by signage or published rules of the particular park or recreation
building.
(b) Firearms. It shall be unlawful for any person to possess any firearm, air gun or any
explosive substance (including fireworks) in any of the City parks, unless written
permission for such has been authorized by the Mayor and City Council.
(c) Injuring public property. It shall be unlawful for any person to cut, break, mutilate,
deface, or in any other manner destroy or injure any public property, real or personal,
belonging to, owned by, or leased or used by the City.
(d) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill
any animal or wildlife, or attempt to do any of the above to any animal or wildlife
within any of the City parks without the written permission of the City Manager.
(e) Motor vehicles. It shall be unlawful for any person to drive, operate, and/or park any
motor vehicle, mini -bike, or motorcycle within any City park, except in areas
designated for such use. This section does not apply to City employees or agents of
the city when municipal duties require them to drive over said park and/or to park
their vehicles or equipment at such locations in order to perform City business.
(f) Noises. It shall be unlawful for any person to make any unnecessary, loud noises,
engage in noisy disputes or conversation, engage in any indecent or loud acts of
behavior, or in any other manner disturb the public peace, quiet, and order in any of
the City parks, according to the City's Noise Ordinance.
(g) Park hours. All City parks shall be closed, and no person shall be authorized to be on
the premises or property of any City park, between the hours of 12:00 midnight and
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6:00 a.m., except authorized City employees or persons engaged in activities
authorized by the Recreation and Parks Director, or the City Manager.
(h) Pets. All pets must be on a leash and the owner is responsible for disposal of pet
waste. All pets are prohibited on athletic fields, unless written permission for such has
been authorized by the City Manager or the Recreation and Parks Director.
(i) Permit required. It shall be unlawful for any person to engage in any activity in City
parks which requires a permit and/or a ticket without first obtaining such permit
and/or ticket.
(j) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any
spring, branch, pond, fountain, or other water owned by or leased to the City.
(k) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on
any tree, building, or fixture in any of the parks. It shall be unlawful for any person to
place any paper, books, refuse, or trash of any kind in any of the public parks, except
in containers provided for such.
(1) Skateboards. It shall be unlawful for any person to operate a skateboard on any street,
lane, way, road, and/or any parking lot in any park in the City unless otherwise
designated by signage or published rules.
(m) Smoking. It shall be unlawful for anyone to smoke in the park.
(n) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon
any road within a park in the City at a greater speed than fifteen (15) miles per hour.
(o) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at
any park in the City for the purpose of swimming or wading unless a permit for such
has been issued by the Milton Recreation and Parks Department or an authorized
representative, or such person or persons are conducting Recreation Department
business.
(p) Urban camping. It shall be unlawful to reside or to store personal property in any
park owned by the City. Furthermore, it shall be unlawful to use any public place,
including City parks, for permanent living accommodations purposes or camping,
except in areas specifically designated for such use or specifically authorized by
permit.
Section S: Enforcement.
(a) The Milton Police Department shall have jurisdiction to enforce municipal and state
laws
in
City parks.
am Section 6: Violations.
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Any person violating any provision of this section and/or concealing a violation of, or
harboring, assisting or protecting a person charged with or convicted of a violation of this
section shall be punished by a fine not to exceed the maximum allowed by State law, either
or both of such fines and imprisonment, or work on the streets, parks, or public works, in the
discretion of the Municipal Court Judge.
Article 2: Special Events.
Section 1: Special Events Defined.
"Special event", as used in this Article, means:
(a) Any activity which occurs upon private or public property that will significantly
affect the ordinary use of parks, or sidewalks or access roads.
(b) Special events include, but are not limited to fairs, tours, grand opening celebrations,
arts festivals, concerts and holiday celebrations.
(c) Private social gatherings which will make no use of City streets other than for lawful
access and parking are not included. "Garage sales," "lawn sales," "rummage sales,"
or any similar casual sale of tangible personal property are not included.
Section 2: Permit Required.
No person or organization shall conduct a special event without first having obtained a
special event permit from the City of Milton. The Mayor and City Council may issue permits
for special events, which events would otherwise constitute a public nuisance without such
permit.
Section 3: Zoning Compliance
Permits shall be issued in compliance with the Zoning Ordinances and Standards of the City
of Milton.
Section 4: Permit Application.
(a) An application for a special event permit shall be submitted to the Recreation and
Parks Director with a nonrefundable payment of Two Hundred Fifty Dollars
($250.00) no later than sixty (60) days prior to the proposed event.
(b) Upon written request and submittal of appropriate documentation, the City Manager
may waive or reduce the permit application fee for fundraising for charitable events if
he or/she determines that such fee is overly burdensome to the requestor or does not
promote the general welfare of the City.
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(c) The following information shall be provided on any permit:
NNW (i) Purpose of the special event;
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(ii) Name, address, and telephone number of sponsoring organization and the
individual who is responsible for supervising and directing their proposed
event;
(iii) Proposed date, location, and hours of operation;
(iv) Schedule of proposed events;
(v) Projected attendance at the event, plan for parking, plan for restroom facilities
and sanitation concerns; and
(vi) Any other such information as the Community Services Department or
another City department deems reasonably necessary to determine that the
permit meets the requirements of this Article.
(d) The permit shall not waive the requirements of complying with other sections of this
Code, including, but not limited to, regulations on alcoholic beverages, business
licenses, fire safety, zoning, and signs.
(e) Waiver of Time Limit.
(i) The sixty (60) day time requirement of subsection (a) of this section may be
waived by the City Manager upon written request and submittal of appropriate
documentation that shows clear and compelling need of immediate action.
Among other reasons, ignorance of the permit requirement shall not establish
clear and convincing need.
(ii) Unless expressly provided elsewhere in this Article, no permit shall be issued
for applications submitted less than three (3) days before an event.
Section 5: Denying and Revoking Permits.
(a) Reasons for denial of a special event permit include, but are not limited to the
following:
(i) The event will require the diversion of so many public employees that
allowing the event would unreasonably deny service to the remainder of the
City;
(ii) The application contains incomplete or false information;
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(iii) The applicant fails to comply with all terms of this Article including failure to
�• remit all fees and deposits or failure to provide proof of insurance, bonds, and
a save harmless agreement to the City;
(iv) The event will last longer than three (3) days.
(v) All permits issued pursuant to this Article shall be temporary and do not vest
any permanent rights. Reasons for revocation of a special events permit
include:
(A) Application contained incomplete or false information;
(B) Applicant does not comply with all terms and conditions of permit;
(C) Applicant fails to arrange for or adequately remit all fees, deposits,
insurance, or bonds to the City;
(D) Disaster, public calamity, change in applicable law, riot, or other
emergency exists.
(b) Revocation and denial of permits may be appealed as provided in this Article.
W . Section 6: Cost Assessments.
r„W„ The Recreation and Parks Director shall send copies of special event applications to affected
departments. Each departmental activity required for the special event shall be itemized,
showing hourly rate and total cost. The Operations Department shall determine and calculate
the fee. All costs shall be assessed to the permit applicant in addition to the permit fee.
Section 7: Costs.
(a) Performance Bond.
(i) A performance deposit of One -Hundred Fifty Percent (150%) of the total
estimated costs of the special event to the City shall be remitted to the City
before the special event permit is issued.
(ii) The requirement in subsection (a)(i) above may be waived by the City
Manager, based on specific factual findings, that the performance deposit
would be unduly burdensome or unnecessary given the size of the event or
past history.
(b) Insurance. At the City's request, the applicant may be required to obtain and present
evidence of a surety indemnity bond or comprehensive liability insurance naming the
... City as an additional insured. The insurance requirement is a minimum of
$300,000.00 personal injury per occurrence, and $100,000.00 property damage per
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occurrence against all claims arising from permits issued pursuant to this Article. If
the event poses higher risks than covered by such insurance, the applicant shall be
responsible for assessing the risks of the event and obtaining additional insurance
coverage.
(c) Save Harmless Agreement. The applicant is required to provide a save harmless
agreement in which the applicant agrees to defend, pay, and save harmless the City,
its officers, and employees, from any and all claims or lawsuits for personal injury or
property damage arising from or in any way connected to the special event; excepting
any claims arising solely out of the negligent acts of the City, its officers, and
employees.
(d) Cleanup. A special event permit may be issued only after adequate waste disposal
facilities, including, where necessary, portable toilets, have been identified and
obtained by the applicant. The applicant will clean public property of rubbish and
debris, returning it to its pre -event condition, within twenty-four (24) hours of the
conclusion of the event. If the applicant fails to clean up such refuse, such clean up
shall be arranged by the City and the costs charged to the applicant.
(e) Waivers. Upon written request and submittal of appropriate documentation, the City
Manager may waive the bond requirement if he or she determines that such fee is
overly burdensome, unlawfully burdens speech, or does not promote the general
ww� welfare of the City.
(f) Immunities.
(i) This section shall not be construed as a waiver of any immunity to which the
City is entitled.
(ii) This Article shall not be construed as imposing upon the City or its officials or
employees or agents any liability or responsibility for any injury or damage to
any person in any way connected to the use for which permit has been issued.
The City and its officials and employees and agents shall not be deemed to
have assumed any liability or responsibility by reasons of inspections
performed, the issuance of any permit, or the approval of any use of public
property.
Section 9: Violations.
Violations of this Article shall be punishable in accordance with Chapter 1, Article 3, Section
1 of this Article.
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