*Cross
reference--Parks in subdivisions, § 23-40.
Sec. 18-1. Park
defined.
The term "park" as used in this chapter shall apply to Skyview
Park and Lake, Johnson Park, Ta-Ha-Zouka Park, Central Park, Westside Park, N.
4th Street Park, Veterans Memorial Park, Liberty Bell Park, Winter Park, Nord Park, Berry
Hill Park, College View Park, Warren Cook Park and North Pine Park.
Source: Ord. No. 3058, § 1(27), 3-1-82; Ord. No.
4012, § 1, 2-22-94; Ord. No. 4570, § 1, 2-19-02; Ord. No. 5122, § 1, 6-22-10;
Ord. No. 5150, § 2, 1-18-11
Sec. 18-2.
Compliance.
The doing of anything prohibited under this chapter
shall be deemed unlawful and any person so violating this chapter shall be
deemed guilty of an offense.
Source: Code 1962, § 9-10-12
Sec. 18-3.
Operating hours.
The park shall be open during the hours as may from
time to time be set by management personnel of the city, which times shall be
posted at the entrance to the park and it shall be unlawful for any person to
be present in the park except during such hours.
Source: Code 1962, § 9-10-1
Sec. 18-4.
Overnight camping.
It shall be unlawful to camp overnight in the park
except in accordance with rules and regulations for overnight camping at
Ta-Ha-Zouka Park in the areas designated for overnight camping and overnight
camping is hereby defined as the temporary lodging out of doors for outing,
vacation or other outdoor recreational purposes and presupposes the occupancy
of a shelter designed for such purpose such as a sleeping bag, tent, trailer,
station wagon, pick-up camper, camper-bus, or other vehicle modified as
suitable for camping, and the possession and use of camping equipment after
park hours.
Source: Code 1962, § 9-10-2
Sec. 18-5.
Fires and fireworks.
Fires shall be permitted only in fireplaces, grills
or other fire facilities provided by the city and it shall be illegal for any
person to ignite fires in any other place or have any open fires other than
above stated. It shall be legal to use
privately owned cooking devices such as gasoline or propane stoves, charcoal
grills and similar devices provided that the use of such devices is restricted
to the picnic and camping areas and provided further that no property, real or
personal, is subject to damage from the use of such device. The possession or use of fireworks in the
parks is prohibited except by special permission of the city council. Management personnel may temporarily suspend
the right to have fires of any kind in the park.
Source: Code 1962, §
9-10-3
Sec.
18-6. Animals.
It shall be illegal to bring any animal into the park
except on a leash.
Source: Code 1962, § 9-10-4
Cross
reference--Animals and fowl,
Ch. 4.
Sec. 18-7.
Fishing and hunting.
(a)
Fishing is permitted in Skyview Park lake and Ta-Ha-Zouka Park lake, subject to the general
fishing regulations of the Nebraska Game and Parks
Commission or the city. Hunting or
the use of firearms, bow and arrow or other projectile devices are not permitted
in the park. The permission to fish
may be revoked or partially revoked by management personnel, by posting
appropriate signs. It shall be
unlawful to take, catch, kill, destroy or attempt to take or catch any fish by
means other than two (2) lines or poles with no more than two (2) hooks per line
or pole, while fishing in Skyview Park lake and Ta-Ha-Zouka Park lake; provided, however, that it shall be
lawful to use not more than three (3) lines while fishing through the ice.
(b)
It shall be unlawful to attempt to take or catch any fish from Skyview Park lake
and Ta-Ha-Zouka Park lake
by snagging, spearing or gigging, use of bow and arrow, firearm, underwater
spear fishing, dip nets or other nets of any type, explosives, chemicals,
hand fishing or any method other than a hook and line as specified in subsection
(a) above. It shall be unlawful to
use set lines and all lines must be attended while fishing in Skyview Park lake
and Ta-Ha-Zouka Park lake.
All bass caught must be immediately returned to the water, except that
one fish twenty-one (21) inches in length or longer may be kept in the daily
bag. State bag limits, possession limits and size limits shall
apply on all other species of fish taken from Skyview Park lake
and Ta-Ha-Zouka Park lake.
(c)
The city hereby delegates the enforcement of subsections 18-7 (a) and (b) to the
Nebraska State Game and Parks Commission, with the power of said commission to
cite violators of these sections for prosecution.
Source: Code 1962, §§ 6-1-50, 9-10-2; Ord. No. 3208, § 3, 4-16-84; Ord. No.
4570, § 2, 2-19-02; Ord. No. 4789, § 1, 04-04-05
Sec. 18-9. Water recreation.
(a) Swimming, bathing and wading, boating and similar water-related
outdoor recreational activities are not permitted upon the water area of a
park. No person shall use or operate
any motor-driven boat or vehicle upon the water area; provided, however, that
the city may, with the approval of the Nebraska Game and Parks Commission or
its duly appointed agents, permit the use of motor-driven boats or vehicles
upon the water area of a park when such permission is determined to be in the
best public interest, and further provided that canoes, rafts, sailing boats
and boats with oars and/or electric fishing motors shall be permitted to
operate upon Skyview Lake.
(b) Permission to engage in any or all of the aforementioned
activities may be permanently or temporarily revoked by the city by the posting
of appropriate signs by management personnel and participation in any of the
aforementioned activities is conditional upon observance of special conditions
governing such activity as may be posted at specific areas by appropriate signs
and the number of participants engaging in any of the above mentioned water
activities may be limited by management personnel when conditions warrant such
limitation in the interests of public health, safety or welfare. Unoccupied watercraft may be moored,
anchored or beached overnight upon the lake only at sites designated by
appropriate signs and the docks installed upon the lake are for launching and
recovery of watercraft and for embarking or disembarking passengers only and no
permission is given to moor watercraft at such docks for periods of time longer
than reasonably necessary to launch or recover watercraft or embark or
disembark passengers.
Source: Code 1962, § 9-10-6; Ord. No. 3058, § 1(28),
3-1-82
Sec. 18-10. Vending.
The vending of various goods,
services, products or commodities is permitted; however, such vending is
conditional upon the vendor first obtaining permission from the mayor and city
council.
Source: Code 1962, § 9-10-8; Ord. No. 3058, § 1(29),
3-1-82
Sec. 18-11. Vehicles.
No motor vehicles or bicycles are allowed in the park
except on the roadways and paths provided for such vehicles and in no event is
any unlicensed motor vehicle permitted within the confines of the park. No
motorized vehicles are allowed on bike paths.
Source: Code 1962, § 9-10-10
Sec. 18-12. Miscellaneous offenses.
(a) The following acts shall be unlawful:
(1) The removal of any public property.
(2) The removal of any equipment.
(3) Entering or climbing upon or tampering
with publicly owned motor vehicle and power equipment.
(4) The cutting, picking, defacing, injuring
or carrying away of any flowers, trees, shrubs or other plants.
(5) The defacement, damage or alteration of
any building or structure.
(b) No structure shall be permanently or semi-permanently installed
except by written consent of the council.
(c) There shall be no alcoholic beverages within the confines of the
park, except for the grounds of the Elkhorn Cabin, formerly known as the Izaak
Walton Cabin, said ground being defined as the cabin and an area bounded on the
north by an east-west line one hundred and forty (140) feet north of the north wall of the cabin, on
the east by a north-south line one hundred and eighty (180) feet east of the east wall of the cabin, on
the west by a north-south line twenty-five (25) feet west of the west wall of the cabin and
on the south by the north bank of the Elkhorn River; provided, however, the use
of said cabin shall not be authorized without first having obtained a lease for
the use of said cabin prior to the time that said alcoholic liquors are being
consumed.
(d) No glass containers of any kind or description shall be permitted
on the beach area.
Source: Code 1962, § 9-10-7; Ord. No. 2994, § 1,
7-6-81
Sec. 18-13. Interpretation.
Nothing in this article shall
be construed to:
(1) Extend any assurance that the premises
are safe for any purpose;
(2) Confer upon any person the legal status
of an invitee or licensee to whom a duty of care is owed; or
(3) Assume responsibility for or incur
liability for injury or damages to any person or property.
Source: Code
1962, § 9-10-11
Sec.
18-14. Exceptions.
Nothing in this article shall
be construed as prohibiting the Nebraska Game and Parks Commission or the city,
or their duly appointed agents or employees from the conduct of their assigned
duties in the administration, maintenance and development of the areas owned or
controlled by the city.
Source: Code 1962, § 9-10-9
Sec.
18-15. Parking over 24 hours.
No
person shall park or leave standing any vehicle in a park in an area where
parking is legally permitted for a period of time exceeding twenty-four (24)
hours. This provision shall not apply to the campground area at Ta-Ha-Zouka
Park which is designated for overnight camping.
Source: Ord. No. 4684, § 1, 9-2-03
Sec.
18-16. Camping, time limit.
The
maximum number of consecutive nights that an overnight camper, as defined in
this Chapter, may stay at the campground area at Ta-Ha-Zouka Park which is
designated for overnight camping is seven (7), unless given written consent by
the park and building maintenance superintendent.
Source: Ord. No. 4938, § 1, 4-16-07
Sec.
18-17. Miracle Skate Park, rules and regulations.
The
following rules and regulations shall apply to all individuals utilizing Miracle
Skate Park:
1.
Hours of operation are 7:30 a.m. to 11:00 p.m. -- no trespassing outside of
permitted times.
2. Miracle Skate Park is an unsupervised and "skate at your own risk"
facility.
3.
All participants must wear a helmet. Elbow and knee pads and appropriate
footwear are recommended.
4.
Only one (1) person per skateboard or bicycle and three (3) participants per
platform.
5.
No personal ramps are allowed.
6.
Only skateboards, in-line skates and BMX bikes are permitted to use the
facility.
7. All participants must act in an orderly, safe and considerate manner while on
the premises and
skating/biking area.
8. Everyone is to wait his or her turn.
9.
No food, drink, smoking or pets allowed inside the fencing.
10. Spectators are to remain outside the fencing.
11.
No loud or offensive music.
12. Reckless, dangerous or overly-aggressive participants may be required to leave
Miracle Skate Park and
Veterans Memorial Park.
Any
noncompliance is a violation subject to a fine not to exceed five hundred
dollars ($500.00). In addition to any other penalties at law, individuals
violating the rules and regulations set forth herein may, at the direction of
the park and building maintenance superintendent or his or her designee, have
their privileges to use the park suspended.
Source: Ord. No. 4948, § 1, 6-4-07; Ord.
No. 5150, § 3, 1-18-11
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