Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)
 Code of Ordinances
 Chapter 18. Streets, Sidewalks And Other Public Places   
 Article V. Parks, Recreation And Other Community Facilities
 Division 2. Rules For Use Of City Parks And Facilities
  

  Division 2. Rules For Use Of City Parks And Facilities  

§ 18-81. Hours of use—parks and outdoor recreation facilities.
Latest version.

(a) It shall be unlawful to congregate in or use any lighted city park or outdoor recreation facility after 10:00 p.m. and before 6:00 a.m., except for the following:

(1) The city tennis courts and handball courts; provided that the use which occurs after 10:00 p.m. is only for the purpose of completing a match that was begun before 10:00 p.m.

(2) Those organized recreational or cultural activities where the organizer has obtained a permit for use of the city park beyond 10:00 p.m. A permit for the use of a city park beyond 10:00 p.m. may be issued to the organizer of a cultural or recreational activity by the city manager or his designee.

(3) Any park or outdoor recreation facility where a sign is posted that specifies closing hours other than those specified in paragraph (a).

(b) It shall be unlawful to congregate in or use any unlighted city park or outdoor recreation facility after 7:00 p.m. and before 7:00 a.m.

(c) It shall be unlawful to congregate on or use any unlighted trail after 11:00 p.m. and before 5:00 a.m. Lighted trails shall be open at all times.

(d) The city manager may post a sign that specifies closing hours other than those specified in paragraph (a) or (b) for any city park, trail or outdoor recreation facility subject to the following guidelines:

(1) The amount of daylight at the time of year during which the closing hours will be in effect;

(2) Available artificial lighting in the park or recreation facility;

(3) The city's ability to provide and the cost of providing adequate police protection in the park or recreation facility during the hours in which it is open;

(4) The occurrence of acts of vandalism and other crimes in the park or recreation facility;

(5) The need to prevent deterioration of existing shrubbery and grass in the park or recreation facility or the need to protect new plantings of grass and shrubbery.

(e) Except for unusual and unforeseen emergencies, parks and outdoor recreation facilities shall be open to the public every day of the year during designated hours.

(f) The city manager may close any park or recreational facility or any section thereof, or prohibit certain uses in any park or recreational facility for the time necessary to remedy any unforeseen circumstances, effect repairs, or provide maintenance. No person in a park or recreational facility shall enter an area posted as being closed to the public without the permission of the city manager or his designee.

(Ord. No. 2006-48, § 1, 12-19-06)
§ 18-82. Prohibited acts in city parks and facilities.
Latest version.

It shall be unlawful for any person using city parks and facilities to either perform or allow the performance of any of the following acts, unless such activity is authorized, permitted or supervised by the city:

(a) Damaging property. No person shall willfully mark, deface, damage, displace, remove or tamper with any park or facility buildings, tables, benches, fireplaces, railing, paving or paving materials, water lines or other utilities, permanent or temporary signs, placards or notices, monuments, stakes, posts, boundary markers or other structures, equipment or parks or recreation property.

(b) Improperly using park structures, equipment and furniture.

(1) No person shall climb on or over any building, facility, structure, or natural feature in any city park or recreation facility unless the same is intentionally designed for climbing purposes.

(2) No person over the age of fourteen (14) years shall trespass upon or play upon or use the playground equipment at any city park other than those swings designated for adult use.

(3) No person shall recline upon any seat, table, bench, or in any location not intended for such occupancy.

(4) No person over the age of six (6) years, unless accompanied by a parent or other responsible adult, shall enter into or loiter near any park structure or section thereof reserved and designated by the city for exclusive use by the opposite sex.

(5) No person shall dive or jump into the lake from the fishing pier.

(6) The city shall post specific rules for each facility.

(c) Polluting waters. No person shall throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond or lake or any storm sewer or drain flowing into such waters any substance, matter or things, liquid or solid, which will or may result in the pollution of such waters.

(d) Removing soil or plants. No person shall dig or remove 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, except that digging shall be permitted in areas designated for such purpose. Collection of natural objects, including plant and animal life and minerals, for scientific and educational purposes may be conducted in compliance with terms of written permits granted by the city manager.

(e) Damaging plants. No person shall 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. No person shall dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.

(f) Harming or molesting animal life. No person shall molest, harm, frighten, kill, trap, hunt, chase, capture, shoot or throw missiles at any mammal, bird, reptile or amphibian; nor shall any person remove or in any way harm the eggs, nest or young of any mammal, bird, reptile or amphibian. City law enforcement officers shall be notified to take appropriate action for removal of poisonous snakes or alligators from parks and recreation areas. This paragraph does not apply to persons fishing in accordance with section 18-86

(g) Littering. No person shall bring in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other litter, or place refuse or litter in any waters in or contiguous to any park or facility, or anywhere on the grounds thereof, other than in the proper receptacles, where provided.

(h) Igniting fires. No person shall ignite or attempt to ignite any fire against or on any vegetation or park or facility structure, except in designated fireplaces or grills when used for cooking. Persons may use a personal grill in a designated picnic area; however, they will be responsible for the proper off-site disposal of all charcoal, wood chips or other cooking materials after such use. No person shall dispose of burning matches, smoking materials or other inflammable items within any park or recreation area except in designated receptacles. Ecological burning may be conducted by the city where appropriate for the restoration, maintenance and preservation of certain plant communities.

(i) Unauthorized operation of vehicles. No person shall drive or otherwise operate a vehicle in a park or recreation area upon surfaces other than those maintained and open to the public for purposes of vehicular travel, except upon temporary parking areas as may be designated from time to time by the city commission or city manager, and further excepting vehicles in the service of the city, animal control vehicles, law enforcement vehicles, and motorized wheelchairs.

(j) Unauthorized parking. No person shall park a vehicle in an area other than an established or designated parking area. No person shall park a vehicle overnight or park a vehicle having a gross weight exceeding three (3) tons without written approval of the city manager. Vehicles in violation of this paragraph may be towed and stored at the owner's expense.

(k) Possessing or consuming alcoholic beverages. No person shall possess and/or consume alcoholic beverages, including beer or wine; provided, however, that alcoholic beverages may be permitted by the city commission for special events or in specified facilities in accordance with section 18-87

(l) Possessing or discharging weapons, explosives, etc.

(1) No person shall carry or discharge firecrackers, rockets, torpedoes, or other types of explosives, nor shall any person carry or use any object calculated to make a noise sufficient to disturb the peace or quiet of the park or facility. No person shall carry or discharge any, sling shot, slung shot or similar device, or any bows and arrows, or carry or use any other object capable of propelling a projectile in any park or facility, nor shall any person carry on his or her person, in plain view, any knife or dagger.

(2) The provisions of paragraph (1) shall not be deemed to prohibit the carrying of ordinary tools or equipment for use in a lawful occupation or a fireworks exhibition sponsored by the city or community organizations during the Fourth of July or similar community celebrations.

(m) Gambling. No person shall conduct in any city park or facility any card game for money or any other game for money or participate in any form of betting or gambling as defined in Florida Statutes. A drawing for chance conducted by a charitable or non-profit organization may be conducted only in accordance with F.S. §849.0935.

(n) Vending, soliciting, advertising, etc. No person shall practice, carry on, conduct or solicit for any occupation, business, or profession in any city park or facility; or sell or offer for sale any food, beverage, merchandise, article, or anything whatsoever in any park or facility. This paragraph shall not apply to any person acting pursuant to a contract with the city or under a special event permit granted by the city. No person shall distribute, post, place or erect any advertising, handbill, circular, bill, notice, placard, paper or other advertisement device in any city park or facility. No person shall beg or solicit contributions.

(o) Operating sound amplification equipment. No person shall install, use, and operate within a park a loudspeaker, horn, megaphone device, or other sound amplifying equipment for the purposes of giving instructions, directions, talks, addresses, or lectures, or of transmitting music to any persons or groups of persons in any park, or in the vicinity thereof, except when installed, used, or operated in compliance with a special event permit issued by the city and when operated in accordance with terms of the permit. Amplifiers permitted in parks shall be operated only through a power source provided or approved by the city or with a battery. This paragraph shall not apply to the use of a loudspeaker or other sound amplifying device that might be used on an athletic field during an athletic game or other competition sponsored by a school or community organization.

(p) Launching or operating aircraft, radio-controlled model airplanes, etc. No person shall launch or operate any aircraft, including but not limited to, hot air balloons, airplanes, ultralights, helicopters and gliders except in areas or at times specifically designated for this purpose by special permit issued by the city manager. No person shall launch or operate any radio-controlled model rockets, airplanes, gliders, boats or vehicles except in areas or at times specifically designated for this purpose by special permit issued by the city.

(q) Camping. No person shall camp in a city park or recreation area except at such times and places as may be designated by the city manager or his designee and except pursuant to a special permit issued by the city.

(r) Erecting structures. No person shall construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across a city park or recreation area except as authorized by special permit issued by the city.

(s) Endangering the public. No person shall endanger the safety of any person or group by any conduct or act or by any failure to observe the rules established by this article.

(t) Interfering with use of the park by others. No person or group shall prevent any other person or group from using any park or any of its facilities, or interfere with such use in compliance with this article and with the rules applicable to such use. Conducting activities authorized by a reserved use permit issued pursuant to this article shall not constitute a violation of this section.

(u) Lewd and lascivious acts and sexual activity. No person shall engage in a lewd or lascivious act or sexual activity in a city park or facility.

(Ord. No. 2006-48, § 1, 12-19-06; Ord. No. 2011-20, § 5, 9-20-11)
§ 18-83. Rules for use of specific recreation facilities.
Latest version.

(a) In addition to enforcement of general rules provided by section 18-82, the city manager or his designee may prescribe reasonable rules for enforcement in specific recreation facilities. All such rules shall supplement rules provided by this article and shall not waive or disregard rules provided by this article. All specific rules shall be posted in a conspicuous place at the facility where the rules apply.

(b) In the event any person violates the general or specific rules prescribed for a recreation facility, the city manager or his designee shall have the authority to eject the violator from the recreation facility and to deny the violator access to any recreation facility for an indefinite period of time.

(Ord. No. 2006-48, § 1, 12-19-06)
§ 18-84. Domestic animals in parks and recreation facilities.
Latest version.

(a) Pets are permitted in parks if adequately restrained. Dogs must be kept at all times on leashes no longer than eight (8) feet, except that dogs may be off-leash in dog parks or other public space specifically designated by the city for dogs to be unleashed, provided the handler of the dog(s) adheres to all rules instituted by the city for such park or space. All animal excrement must be properly cleaned up and properly disposed of by the owner or keeper of the animal.

(b) No person shall bring into any park any animal that constitutes a safety hazard or detriment to the enjoyment of the area by the public.

(c) No person having in charge any dog shall permit, allow or suffer such dog to enter upon or remain within any playground or park area reserved for children or to enter any sandbox or play apparatus area.

(d) Horseback riding is not permitted in city parks and recreation facilities.

(e) Domestic animals, except for service animals, are not permitted inside city facilities except in accordance with paragraph (f).

(f) Upon issuance of a special permit by the city manager, animals may be admitted into city facilities for the purpose of city-sponsored or co-sponsored animal shows, exhibits, fairs, obedience training programs and the like. The city manager may deny such a permit if, in his sole discretion, the requested admission is inappropriate for the particular facility.

(Ord. No. 2006-48, § 1, 12-19-06; Ord. No. 2012-08, § 2, 5-15-12)
§ 18-85. Picnicking.
Latest version.

(a) No picnicking shall occur in any park areas except those that are designated for that purpose.

(b) Use of the picnic area facilities, including picnic shelters, individual fireplaces, tables and benches, generally follows the rule of "first-come, first-served." However, this practice shall not preclude city personnel from assigning or reserving park facilities for the use of particular persons or groups. A fee for such reserved usage shall be assessed in accordance with section 18-182

(c) No person shall use any portion of a picnic area or of any structures therein for an unreasonable time if the park facilities are crowded.

(d) To maintain cleanliness and to reduce fire hazards, each picnic party shall completely extinguish any fire and place all refuse, waste and trash in disposal containers where provided. If there are no such containers immediately available, then refuse shall be carried away by the user of the picnic facility and disposed of elsewhere.

(Ord. No. 2006-48, § 1, 12-19-06)
§ 18-86. Fishing.
Latest version.

Fishing is permitted in city parks unless a prohibition is posted.

(Ord. No. 2006-48, § 1, 12-19-06)
§ 18-87. Alcoholic beverages.
Latest version.

No person shall sell, offer for consumption, or consume any alcoholic beverage, including beer and wine, within any city park or facility except as follows:

(a) The city commission may approve the sale or consumption of alcoholic beverages in a city park or facility in conjunction with the issuance of a special event permit when possession and consumption is specifically authorized by permit or license of the state division of alcoholic beverages and tobacco.

(b) The city manager may approve the consumption of alcoholic beverages at private social functions in city facilities designated for such functions when a permit or license of the state division of alcoholic beverages and tobacco is not required. Such approval shall be subject to conditions stipulated in section 18-167(b) of this article.

(Ord. No. 2006-48, § 1, 12-19-06)