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BILL 2000-358



Amending Chapter 973 (Park Regulations) of the Mansfield Codified Ordinances of 1997, as amended, pertaining to park regulations, and declaring an emergency.






SECTION 1. That Chapter 973 (Park Regulations) of the Mansfield Codified Ordinances of 1997, as amended, be, and the same is hereby amended to provide as follows:




Park Regulations

973.01 Adoption and purpose. 973.06 Certain acts prohibited.

973.02 Powers. 973.07 Tennis courts.

973.03 Enforcement. 973.08 Exceptions to regulations.

973.04 Application to concessions. 973.99 Penalty.

973.05 Hours open.



Land appropriation for parks - see Ohio R.C. 715.21, 719.01

Board of Park Commissioners - see Ohio R.C. 755.01 et seq.




The following regulations, heretofore adopted by the Board of Park Commissioners, shall be enforced within and for the regulation of the use and control of all park lands and property. (Ord. 73-318. Passed 8-7-73.)


973.02 POWERS.

The Board of Park Commissioners as provided in Ohio R.C. 755.01, et seq. shall have advisory powers only with respect to all City parks and City-owned park lands, the operation of which shall be directed and carried out by the Department of Public Works.



(a) All the laws of the State and ordinances of the City, insofar as the same are not in conflict with the regulations set forth herein which the Board of Park Commissioners has the authority to adopt, are applicable within the parklands under the jurisdiction of the City of Mansfield Board and may be enforced by members of the County Sheriff's Department, members of the Division of Police of the City, members of the County Dog Warden's Department and each of the auxiliary branches of the foregoing.

(b) Regulations of the City of Mansfield Board of Park Commissioners may be enforced by any officer designated in subsection (a) hereof and by any employee of the City of Mansfield Board who has been commissioned by the Director of Public Safety. (Ord. 73-318. Passed 8-7-73.)



Where clearly inappropriate, these regulations shall not be applicable to a concessionaire, permittee or other person under contract with the City or the Board of Park Commissioners who is acting within the scope of his contract or permit.

(Ord. 73-318. Passed 8-7-73.)


973.05 HOURS OPEN.

Unless otherwise directed by the Director of Public Works Board of Park Commissioners or Superintendent, for good cause, the lands shall be open for the enjoyment of the public daily, from 7:00 a.m. to 11:00 p.m. (Ord. 73-318. Passed 8-7-73.)



No person shall:

(a) Publicly solicit subscriptions or contributions for whatever reason or purpose or engage in selling, or offering for sale, any item or service or labor whatsoever, or perform any gainful occupations, service or labor for another.

(b) Post or display any sign, banner or advertisement or engage in advertising for any gain in any manner whatsoever.

(c) Leave, throw or drain upon the land or within the waters any garbage, rubbish, trash, junk or other offensive or pollutant material or substance, except within duly designated receptacles; nor bring any garbage, rubbish, trash, junk or other offensive or pollutant material or substance into the lands or deposit such into designated receptacles.

(d) Wax, wash, grease, oil or repair any car, truck or other motor vehicle in other than designated parking areas and except in an emergency.

(e) Operate or take any sled, toboggan, bicycle or motor vehicle upon ice skating areas, tennis courts, basketball courts, ballfields or designated game areas.

(f) Operate or take a snowmobile, or similar type of vehicle, upon any of the lands or waters.

(g) Engage in the following activities: archery, golf, flying model airplanes, launching model rockets or balloons, swimming or wading, other than at designated swimming pools, discharging firearms, fireworks, B-B, pellet, air or similar guns or boating or canoeing.

(h) Engage in winter sports except at such times and places as may be designated and announced by the Superintendent.

(i) Wear cleated footwear when playing football, use ballfields when restricted because of ground conditions, or engage in any games involving a flying, thrown or propelled object in an area not designated for such games.

(j) Lie, sit or walk upon picnic tables; or climb or sit upon monuments, statues or bridges; or climb trees, fences or buildings; or use any sport, game or recreational facility or equipment in a manner beyond its capacity or intended use.

(k) Establish or maintain any camp or other lodging place, temporary or permanent.

(l) Call or hold a public meeting, deliver a public speech or engage or participate in a parade or march, dismounted, mounted or motorized other than in designated areas and except in compliance with Section 973.07.

(m) Hold a picnic except in picnic table areas, or build or maintain a fire except in grills, receptacles or fireplaces provided by the City of Mansfield Board of Park Commissioners at the places where installed. 3

(n) Move Board City-owned picnic tables, benches, grills, trash receptacles and similar equipment from one area to another.

(o) Lead, guide, bring or convey any animal except a dog into the lands. Dogs must be on a leash.

(p) Write, paint, carve or otherwise deface any tree, bench, table or structure, or dig, cut, clip, pick, trim, chop, break or otherwise damage or destroy any tree, shrub, hedge, flower, bush or similar growth.

(q) Remove, destroy, damage or deface any public or utility property or any notice or sign posted under authority of the City Board or enter upon any place which is posted "no admittance".

(r) Kill, injure or unnecessarily disturb any water fowl, birds or animals.

(s) Enter or leave park lands except at the established ways of entrance and exit; all exits from park lands are stop streets.

(t) Obstruct in any manner any roadway or path.

(u) Operate any motor vehicle upon the grass, or park any motor vehicle upon the grass or at any place other than designated parking areas.

(v) Operate any motor vehicle or any other vehicle within the lands at a speed in excess of fifteen miles per hour.

(w) Operate any vehicle within the lands without due regard for the safety and rights of pedestrians and operators of other vehicles or so as to endanger life, limb or property.

(x) Ignore, disregard or violate the provisions of any sign, signal or traffic control device which has been posted for the regulation of vehicles or vehicular traffic.

(y) By voice, or act or inaction indulge in, or cause, in any manner, or by use of any device, means or instrumentality, noisy, boisterous, disorderly or indecent conduct, or in any manner disturb the peace or good order of the community within the lands.

(z) Refuse to obey any lawful order of any law enforcement officer or park employee or interfere, hinder or obstruct any park employee in the performance of his duties, including maintenance duties.

(Ord. 73-318. Passed 8-7-73.)



The following special rules shall apply to use of the tennis courts:

(a) Players must wear shirts and smooth sole tennis shoes.

(b) No person shall sit or hang upon or jump over nets.

(c) Players shall surrender a court after one hour of use when others are waiting to use the court.

(d) Right of play shall be determined by order of arrival at the court.

(e) Children under sixteen years of age shall not use the courts on Sundays, after 12:00 noon on Saturdays and holidays or after 4:00 p.m. on other days unless adults are not using or waiting to use the courts.

(f) Players must remain outside the fence enclosure while waiting for use of a court. (Ord. 73-318. Passed 8-7-73.)



Upon application the Superintendent may, within standards and guidelines established by the Director of Public Works Board of Park Commissioners, grant exceptions and waivers to these regulations for specific occasions, times and purposes. Application for the exception or waiver must be in writing and shall be made prior to the time of use or exercise.

(Ord. 73-318. Passed 8-7-73.)


973.99 PENALTY.

Whoever violates any provision of this chapter is guilty of a minor misdemeanor.

(Ord. 73-318. Passed 8-7-73.)"



SECTION 2. That in order to coordinate with recent amendments to the Mansfield City Charter, this measure is determined to be an emergency Ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor.



PASSED 5 December, 2000 SIGNED /s/ Virginia M. Imhoff President of Council

ATTEST /s/ Lisa M. Grove APPROVED /s/ Lydia J. Reid

Clerk of Council Mayor

* Publication required.