TITLE 6 - PUBLIC WAYS AND PROPERTY
These rules are established as written guidelines for use of city parks and recreational facilities. These rules are intended to secure and preserve the fullest enjoyment of parks and recreational facilities to a wide range of park patrons. Failure to abide by these rules shall be cause for removal. The commission of offenses under local ordinances or state law shall be cause for arrest.
(Ord. 113, 9-23-2004)
For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section:
APPLICANT: Any person applying for a "permit" as defined in this section. The true applicant for any such permit shall be the sponsoring entity, whether such sponsoring entity is an individual person, a corporation, a partnership or other legal entity of any type.
MOTORIZED VEHICLE: Includes any vehicle powered by gasoline, electricity, solar power, battery, or diesel.
PARK: Any and all lands, buildings, reserves, trails and other special places that are owned, operated or maintained by the city of Star, Idaho.
PERMIT: Permits are required for reserving park facilities for exclusive use. Upon an approved application, a permit will be issued.
PERMITTEE: Any person, firm, partnership, association, corporation, company or organization of any kind granted a permit for an activity regulated by this chapter.
PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind.
POSTED PROPERTY: Any publicly owned property listing specific rules and regulations pertaining to the property.
RESERVATIONS: A date, time, place and event specified for exclusive use.
SIDEWALK: Any area or way set aside or open to the general public for purpose of pedestrian or nonmotorized traffic, whether or not such area is paved.
STREET: Any place or way set aside or open to the general public for primary purposes of vehicular traffic, including any berm or shoulder, parkway, right-of-way, or median strip thereof.
(Ord. 113, 9-23-2004)
Park facilities are generally available for public use on a first come, first served basis, except for areas previously reserved.
A.
General Hours: City park hours are one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset, unless permission is given by way of waiver on a park permit.
B.
Closed Areas:
1.
The city clerk or his/her designee may close park areas or facilities to the public or otherwise restrict use until such time as the area or facility can be made available for public use.
2.
Except in emergency circumstances, notice of closure shall be posted and patrons shall not enter closed or restricted areas.
C.
Animals and Natural Features:
1.
Dogs:
a.
No person owning or having the care, custody, possession, or control of a dog shall permit or allow such dog to enter or remain on any public property posted "No Dogs Allowed".
b.
Persons owning or having the care, custody, possession, or control of a dog are subject to rules and regulations in such areas designated by the city as training and or exercise grounds.
c.
No person shall fail or refuse to properly clean up after his pet.
d.
This chapter shall not apply to:
(1)
Police officers and their service animals during the official performance of their duties;
(2)
Handlers of search and rescue animals during the official performance of their duties; or
(3)
Persons with disabilities utilizing assistance animals.
2.
Other Animals: Persons shall not bring into, or permit to range at any park facility, domestic fowl, equine, bovine, sheep/goat, or other livestock, except upon approved permit from the city.
3.
Wildlife:
a.
No person may harm, harass, hunt, trap or remove any animal, including mammals, fish, insects, birds, reptiles, or other living creatures from any park facility without the written permission of the city.
b.
In the interest of public safety, sanitation, and the well being of the park wildlife, patrons are strongly encouraged to refrain from feeding any wildlife.
4.
Natural Features:
a.
No persons shall damage, cut, carve, transplant or remove any tree or plant, or injure the bark or other parts of any tree or plant in any city park.
b.
No person shall attach any rope, wire or other contrivance to any tree or plant in any city park.
D.
Alcohol; Glass Containers; Illegal Drugs:
1.
Alcohol:
a.
No person shall have in his/her possession, nor shall any person consume (drink) any intoxicating liquor or alcoholic beverages within any city park unless designated on the park permit. except as allowed in Section 1: Title 4, Chapter 9, of the Star City Code, OPEN CONTAINERS IN PUBLIC.
b.
No person shall sell or offer for sale any intoxicating liquor or alcoholic beverage in any city park unless designated on the park permit.
2.
Illegal Drugs: No person shall smoke, drink or otherwise consume, use or possess any narcotic drug, opiate, or hallucinogen, or any type of controlled substance or illegal drug within any city park.
3.
Glass Containers: No person shall use, carry, or be in possession of any beverage container made of glass on any city park property.
4.
Tobacco: No smoking is permitted in any public building.
E.
Prohibited Acts:
1.
Disorderly Conduct: Patrons engaged in disruptive, destructive or hazardous conduct may be warned and asked to stop such conduct immediately by police officials. Under circumstances where a patron's conduct is unlawful, or poses an imminent threat of injury or prevents the public enjoyment of the park, wildlife, or facility, police officials may eject such patron by any reasonable means, including arrest.
2.
Vending, Peddling, Solicitation:
a.
No person shall expose or offer for sale any article or thing, nor shall he/she station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, except when operating by and under the authority and permit of the city.
b.
No person shall beg, hawk, peddle or solicit within any city park.
c.
Commercial activities are by permit only.
3.
Discharge of Firearms, Weapons, Explosives: It shall be unlawful to discharge:
a.
Any firearm within the boundaries of the city park; provided, however, that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his or her duty, or a person from discharging a firearm in the lawful defense of a person or persons.
b.
Any bow or other weapon which will expel a projectile through the action of release of a pressurized gas, compressed air, expanding gas, explosive, or other force producing means or method including, but not limited to, objects commonly referred to as air guns, air pistols, air rifles, "BB" guns, pellet guns, blow guns, airsoft or similar guns, or paintball guns, upon or within the public right-of-way, public parks and other public property and ways, except at such locations as may be authorized for such purposes by the city council.
4.
Noise: All music must conclude by ten o'clock (10:00) P.M. Amplified sound is allowed but must be noted on the permit. The volume of sound must be kept low enough not to disturb other area users and adjacent residential neighborhoods.
5.
Signs: No person shall erect, place, distribute or display any sign, banner, advertisement, notice or statement within any city park without the specific permission of the city.
6.
Removal or Destruction of Property: No person shall remove, alter or destroy any public property.
F.
Fires, Firewood or Fireworks:
1.
No person may light, build, or maintain a fire at any park facility, except in a facility or device provided, maintained or designated for such purposes, or as authorized by the city. When designated fires are allowed, they shall be attended at all times by an adult until fully extinguished.
2.
Portable camp stoves or portable barbecue grills of metal construction may be used in designated picnic areas.
3.
No person may cut, gather, or collect wood or other combustible material at any city park for use as firewood or fuel.
4.
The possession or use of any kind of fireworks, except by permit, is prohibited in all city parks.
G.
Camping and Overnight Use: No person may camp at any city park facility, except as authorized by permit, in areas designated for that purpose and at or during specified times. "Camping" is defined as:
1.
Occupying a designated camping facility.
2.
Erecting a tent or arranging bedding, or both, for such purpose or in such a manner as will permit remaining overnight.
3.
Use of a trailer, camper, or other vehicle for the purpose of sleeping overnight.
H.
Motorized Vehicles:
1.
No person may operate a vehicle in any park facility except upon roads, driveways, parking areas, and areas designated open to motorized vehicles, except as authorized by the city.
2.
All traffic regulations shall be strictly adhered to regarding all city property.
3.
No person shall abandon a vehicle on any city property. If found abandoned, vehicles shall be removed, impounded, and sold in conformance with city ordinances or state laws or as may be determined by the city.
I.
Rollerblades and Skateboards: No person shall use or make use of roller skates, rollerblades, in-line skates, scooters or skateboards in any areas of a city park where these or other park rules established by the city council prohibit such activities.
J.
Parking:
1.
No person shall park a vehicle in other than an established or designated parking area, unless otherwise allowed by permit.
2.
No person shall leave a vehicle standing or parked after closing hours of the park on any city park property without permission from the city.
K.
Littering and Refuse: No person shall bring into, leave behind, or dump any material of any kind in any city park, except the refuse or garbage resulting from normal use of a park. Any and all trash, refuse or garbage resulting from normal use shall be deposited in receptacles provided for such purposes.
L.
Insurance: Insurance may be requested naming the city as additionally insured. The amount of insurance will be determined by the type of activity. The applicant will be required to have insurance forms before approval is given.
(Ord. 113, 9-23-2004; Ord. 244, 1-6-2015; Amended by Ord. 355-2021 on 12/21/2021)
Public parks have different amenities and, as such, have different rules and regulations. The following shall apply to all facilities requiring permits:
A.
Fees: Fees for reserved park areas are set by resolution of the city council.
B.
Requests; Time Limit: Reservation requests should be made at least seven (7) days prior to the event. For reservations requesting entire parks, reservations are required thirty (30) days prior to the event. No event may utilize any park facility for longer than five (5) days.
C.
Evaluation of Application: The city may require additional time to evaluate an application if security, park damage or park usage issues are involved, upon the exclusive judgment of the city personnel in charge. If the city, upon the sole and exclusive judgment of the personnel in charge, determines that there is a substantial risk of damage to the park or city property, the city may require a cash bond posted equal to one hundred twenty percent (120%) of the estimated amount of cost of the damage to the park or city property that may result.
D.
Denial of Permit: Failure to comply with park regulations may result in the denial of the right to use city facilities in the future. Permits are revocable at any time for violation of rules, ordinances or state law.
E.
Cancellation; Refund: Reservations must be canceled five (5) days in advance of the reserved date in order to receive a refund. If the reservation is rained out, the day may be rescheduled or the fee refunded. Request must be made within twenty-four (24) hours of being rained out.
F.
Valid Permit: Permits are valid for the date and restricted to area, assignment, and number in the group as indicated.
G.
Music: All music must conclude by ten o'clock (10:00) P.M. Amplified sound is allowed but must be noted on the permit. The volume of sound must be kept low enough not to disturb other area users and adjacent residential neighborhoods 1 .
H.
Permit Holder Age; Permit On-Site: The permit holder shall be at least eighteen (18) years of age or older and a permit must be on the site when the facility is being used.
I.
Removal of Refuse: The permit holder shall leave the area in a clean and neat condition. Any type of decorations or permitted signage must be removed by the user immediately following the event. If it is necessary for the city to provide cleaning services or make repairs following the reserved activity, the permit holder will be charged an hourly fee.
J.
Hours of Use: Facilities are available for use between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M., unless otherwise permitted. The total reserved time includes any time needed by the permit holder for setup and cleanup. The facility is rented in four (4) hour increments.
(Ord. 113, 9-23-2004)
1 Cross reference—See also title 3, chapter 2 of this code.
A.
Enforcement Officials: Officials, police officers or duly authorized representatives of the city council shall enforce the provisions of this chapter.
B.
Ejection: A police officer or a duly authorized representative of the city council shall have the authority to eject from the park any person acting in violation of this chapter.
C.
Seizure of Property: A police officer shall have the authority to seize and confiscate any property, thing or device in the park used in violation of this chapter.
(Ord. 113, 9-23-2004)
Any person found to be violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalties in Idaho Code 1 .
(Ord. 113, 9-23-2004)
1 Cross reference—See subsection 1-4-1A of this code.