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Home My WebLink About2021-440 Amending Text of Chapter 83 Parks and RecreationCity of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2021-440 Motion By: Schultz Seconded By: Bottema November 10, 2021 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 83 OF THE CORCORAN CITY CODE RELATED TO PARKS AND RECREATION THE CITY OF CORCORAN ORDAINS: SECTION 1. Amendment of the City Code. The text of Chapter 82.04 Subd. 5 (A)(10) "Actions Constituting Public Nuisances" (Nuisances) of the Corcoran City Code is hereby amended by deleting the �+sl�e� material and adding the underlined materials as follows: �.�T PARKS AND RECREATION .01 DEFINITIONS. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. BEER. Beer, ale, porter, stout, and other similar fermented beverages of any name or description containing 0.5% or more of alcohol by volume, brewed or produced from malt wholly or in part, or from any substitute for malt. CIDER. A product that contains not less than one-half of one percent nor more than SCVC( 1 ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia or any other substance intended for human consumption through the inhalation of aerosol or vapor from the product. This includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. Electronic delivery device does not include any product that has been approved or certified by the United States Food and Druq Administration for sale as a tobacco -cessation product, as a tobacco -dependence product, or for other medical __purposes_,. and is marketed and sold for such an approved .purpose. FLAVORED MALT/SUGAR BEVERAGE. A fermented malt/sugar beverage that contains 6% or less alcohol by volume, but does not include cider or an alcoholic beverage obtained primarily by fermentation of rice, such as sake. GOLF BALL. Any ball which is Of the type used to play the game Of golf and shall also include an projectile Of solid construction capable Of being struck Or propelled by a golf club. PARKS. Parks, playgrounds, recreational fields, buildings and streams therein, and all public service facilities conducted on grounds, buildings and structures in this municipality which are under control of the city. PRACTICE GOLF BALL. Any ball which is not of the type used to play the game of golf and is composed of a thin hollow sphere of plastic or other similar li, ht weight material. TOBACCO PRODUCT. Cigarettes, cigars, cheroots, crimp cut, granulated, perique, pug cut read�ugged, stogies and other smoking tobacco; Cavendish, plug, snuff, snuff flower and twist tobacco; fine cut and other chewing tobaccos; clippings, cuttings, refuse scripts, shorts and sweepings of tobaccos; and other kinds and forms of tobaccos, prepared in such a manner as to be suitable for chewing, sniffing, or smoking in a pipe; rolling paper: or other tobacco -related devices. Page 1 of 4 City of Corcoran County of Hennepin State of Minnesota TOBACCO USE. S m o ki n chewinc November 10, 2021 snuffing or otherwise inhaling or ingesting an tobacco product. WINE. Means a vinous alcoholic bevera by volume. • - • •. -, • e containing not more than 14 percent alcohol No person, unless the person is a duly authorized employee of the city, shall be upon any park property between the hours of 11:00 p.m. and 6:00 a.m. of the following day. No person shall leave or park a vehicle in any of the parks, or parking lots within parks between the hours of11:00 p.m. and 6:00 a.m. of the following day. Penalty, see §10.99 ACTIVITY. 1. Defacing park property. No person shall cut, break, scratch, mark or in any way injure or deface any building, fence, pump, lamp, flagpole, construction improvement, facilities or any other feature or property upon or within any park. 2. Defacing of trees. No person shall, without specific permission of t injure or deface any tree, shrub or plant within the limits of any park. he city, in any way 3. Littering. No person shall throw, deposit, place or leave in any park or bottles or refuse of any kind, whether or not the same is offensive to th injurious to health, except in the receptacles provided forwaste. 4. Posting of signs. No person shall place, post, fasten, paint or notice or sign upon any structure, trees, stone, fence, thing or any park. waters cans, e senses or is affix any blackboard, bill, enclosure along or within 5. Moving equipment. No person shall move benches, seats and tables from their places in any park, except on picnic places and there only within designatedlimits. 6. Sales in park. No person shall sell or offer for sale any article or thing whatsoever in any park; this prohibition shall not apply to the sale of refreshments and other articles by persons from the city or under its direction or wherein specific authorization has been given by the city. 7. Breach of the peace. No threatening, profane, abusive, disorderly, insulting or indecent language, conduct or behavior, or any act intending to be a breach of the public peace, shall be allowed in or upon any park, playground or park water; nor shall any person or persons gamble, or drink intoxicating liquor, except as allowed in 83.03 (8). 8. Alcoholic beverage consumption in park. No person shall serve, possess or consume any alcoholic beverage, except beer, flavored malt/sugar beverages and wine. within a park. No sale of beer, flavored malt/sugar beverages, or wine may take place without first securing the appropriate liquor license from the city, in accordance with the alcoholic Page 2 of 4 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2021-440 November 10, 2021 beverages licensing section of the city code. Exclusively during events which are so licensed by the city, beer, flavored malt/sugar beverages_, and wine may be consumed at the city park hosting the event. Sale and consumption of beer, flavored malt/sugar beverages, and wine in the park shall cease at the close of the event. Beer, flavored malt/sugar beverages, and wine must be packaged only in their original, glass -free container to be allowed inside the parks. Kegs, barrels, case lot quantities or other bulk tap quantities will not be allowed inside city parks. 9. Animals in park. All dogs or other domestic animals must be restrained on a leash, no longer than 6 feet, and under direct control at all times. The person controlling the dog or animal must have in their possession means to clean up any animal feces. The person controlling the dog or animal shall be responsible for cleaning up any feces of the animal and disposing of the feces in a sanitary manner. 10. Fires regulated. No person shall start any fire at any park except a small fire for culinary purposes, which may be made by picnic parties in the parks pursuant to regulations established by the city. The fire must be contained within a grill, metal fire ring or similar device. No burn barrels, open burning or recreational fires placed on the bare ground are permitted. Every person who starts any fire and every person starting or using the fire shall completely extinguish the fire or fires before leaving the park and shall dispose of any residue or refuse there from. 11. Swimming regulations. No person shall swim, bathe, or enter waters of any public park within the city. 12. Horses. No person shall bring or take a horse or horses upon park property, except in instances wherein the horse or horses shall be confined within a trailer type vehicle transporting the horse or horses without delay through the park. This division does not apply wherein the city has established an appropriately marked and specified bridle path within the park providing the horse or horses are confined by the attending person to the marked and specified bridle path. 13. Parking regulations. No person shall place, park, or drive upon any park property any motor driven vehicle, except upon duly specified road and parking lotareas. 14. Containers. No glass containers will be allowed in Corcoran city parks. Penalty, see § 10.99 15. Tobacco. No person shall use tobacco products or electronic delivery devices in city -owned _parks, open space areas, pavilions, shelters, buildings, including trails used for walking and biking or on property for which the City retains a perpetual easement for public use as a ,park. This division does not apply to fihe use of tobacco products in motor vehicles legally parked_ on the premises of city -owned parks, open spaces and recreationalfacilities. 16. Golf. No person shall hit, drive, stroke or otherwise propel a golf ball or practice olf ball upon, in, over or across any street, avenue, alley or public place including public parks except within areas Of public parks which have been designated for that activity. (Ord. 305, passed 09-23-21) Page 3 of 4 City of Corcoran Counfy of Hennepin State of Minnesota ORDINANCE N®. 2021-440 $3.04: PARK SHELTER RENTAL. November 10, 2021 Any party wishing to reserve the park shelter building must have a permit from the city in writing. The city reserves the right to refuse rental based on past experience with a renter or established policy governing type of use. A fee and deposit, in an amount to be set fromtimeto time by council resolution shall be paid 72 hours in advance. If the premises are left the way they were found, and no damages done to the property, the initial damage deposit will be refunded The renter shall be responsible for any damage cost beyond the initial deposit amount. $3.05: USE OF BALL FIELDS. All users of the ball fields must pay a fee and damage deposit in an amount to be set from time to time by council resolution. This fee and deposit shall be paid 72 hours in advance of the tournament, except for the City of Corcoran Park benefits. If the premises are left the way they were found, and no damage is done refunded. The renter shall be responsible amount. to the property, the initial damage deposit will be for any damage cost beyond the initial deposit Any tournament with 3.2 malt liquor sales must obtain a city 3.2 malt liquor licenses. (Ord. 238, passed 11-20-06) SECTION 3. Effective Date. This Ordinance shall be in full force and effect upon its adoption. VOTING AYE ® McKee, Tom ® Bottema, Jon ® Nichols, Jeremy ® Schultz, Alan ® Vehrenkamp, Dean VOTING NAY ❑ McKee, Tom ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan ❑ Vehrenkamp, Dean Whereupon, said Resolution is hereby declared and adopted on this 10T"day of November, 202'I. A TTCCT• Tom McKee -Mayor City Seal uessica tsetse — Aaministrative Services Director Page 4 of 4