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Norfolk, NE 68701
Phone: (402) 844-2000
 

Chapter 18

PARKS AND RECREATION*

*Cross reference--Parks in subdivisions, § 23-40.

ARTICLE I.  PARKS

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, North Pine Park, and Norfolk Pedal 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; Ord. No. 5217, § 1, 7-2-12;

 

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. 18-8.  Trapping.

 

No person shall trap, or lay traps for, any animals in the park.

 

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, travel trailers, trailers, 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, travel trailer, or trailer permitted within the confines of the park.  No motorized vehicles are allowed on sidewalks, trails, or bike paths.  This section shall not be applicable to scooters, power chairs or electric wheelchairs having more than two (2) wheels which are designed for and being utilized by individuals with limited mobility.

 

Source:  Code 1962, § 9-10-10; Ord. No. 5305, § 1, 7-21-14

 

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 Lodge located at 1008 McKinley Avenue, Norfolk, Nebraska, which property is legally described as Lot Seventy-three (73), Homestead Acres, an Addition to Norfolk, Madison County, Nebraska.  Specifically, alcoholic beverages may be consumed inside the Elkhorn Lodge and on that portion of the Elkhorn Lodge grounds as designated by signs; provided, however, the use of said lodge and the possession and consumption of alcoholic beverages shall not be authorized without first having obtained a lease for the use of said lodge.

 

(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; Ord. No. 5248, § 1, 3-4-13;

 

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

 

Sec. 18-18.  Trespassing in Veterans Memorial Park.

 

(a)   A person commits second degree criminal trespass if, knowing that he or she is not licensed or privileged to do so, he or she enters or remains within any fenced portion of Veterans Memorial Park or Liberty Bell Pool.

 

(b)   A person convicted of second degree criminal trespass pursuant to subsection (a) above shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) or by imprisonment for no more than six (6) months or by both such fine and imprisonment.

 

Source:  Ord. No. 5213, § 1, 6-18-12

 

Sec. 18-19.  Parking in Veterans Memorial Park.

 

(a)  All vehicles/motorcycles parked within Veterans Memorial park are required to park within properly marked parking spaces.  Vehicles parked in areas other than a marked parking space will be in violation.

 

(b)   Any vehicle parked with its tires over the lined space and taking additional space in the next stall is in violation.

 

(c)   Any person who violates the provisions of (a) or (b) above shall be subject to being towed or having placed on his, her, their or its vehicle a parking ticket by any police officer or person or persons designated by the chief of police with such enforcement authority.  Said parking ticket shall be for the sum of ten dollars ($10.00) and the owner or operator of any such vehicle shall, within seventy-two (72) hours, pay the same to the office of the city clerk.  If said ticket is not paid within said seventy-two (72) hour period, the parking violation shall constitute an offense, and the owner or operator of said vehicle shall upon conviction thereof be subject to a fine of ten dollars ($10.00).  If the identity of the operator of a motor vehicle cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima facie responsible for such infraction.

 

Source:  Ord. No. 5213, § 2, 6-18-12

 

Sec. 18-20.  Parking of trailers, trucks in Johnson Park.

 

(a)   It shall be unlawful for the owner or operator of any of the following vehicles to park said vehicles in Johnson Park:

 

(1)       Semi-tractor-truck with trailer attached or unattached;

(2)       Trailer unattached;

(3)       Motor vehicle that has an attached trailer;

(4)       Motor vehicle that has a bed or box that exceeds nine (9) feet in length.

 

(b)   Subsection (a) shall not apply to emergency vehicles.

 

(c)   Subsection (a) shall  not apply to law enforcement parking a speed monitoring trailer for the purpose of monitoring the speed of motorists for traffic studies or education of the motoring public.

 

Source:  Ord. No. 5477, § 1, 6-5-17;

 

ARTICLE II.  TRAILS

Sec. 18-51.  Trail advisory board - Established.

 

There is hereby established a trail advisory board, which board shall have five (5) voting members and three (3) nonvoting members.  The voting members of the board shall consist of one resident from each of the four wards of the city and one (1) person who resides in the extraterritorial zoning jurisdiction of the city.  The nonvoting members of the board shall consist of the city's park and building maintenance supervisor, one (1) Lower Elkhorn Natural Resources District staff member who shall be appointed by the Lower Elkhorn Natural Resources District, and one (1) member of the city council who shall be appointed by the mayor with the approval of the city council.  No member of the city council shall be a voting member of such board.

 

Source:  Ord. No. 5263, § 1, 8-19-13; Ord. No. 5441, § 1, 11-21-16

 

Sec. 18-52.  Same - Appointment; terms; compensation.

 

(a)   The voting members of the trail advisory board shall be appointed by the mayor with the approval of the city council

 

(b)    The term of each voting member shall be three years, except that the initial advisory board to be so appointed shall consist of members serving the following terms:  The member residing in the extraterritorial zoning jurisdiction for a term of one year; members residing in wards 1 and 2 for a term of two years; and members residing in wards 3 and 4 for a term of three years.  There are no term limits for nonvoting members.  All members, both voting and nonvoting, shall hold office until their successors are appointed.

 

(c)    In the case of a vacancy of a voting member, the mayor shall appoint a replacement, with approval of the city council, for the unexpired term.

 

(d)    No member of the trail advisory board shall receive pay or compensation for his or her services as a member of the board.

 

Source:  Ord. No. 5263, § 1, 8-19-13;

 

Sec. 18-53.  Same - Delegated responsibilities.

 

The trail advisory board shall work with the risk manager, city administrator, mayor and city council in an advisory capacity.  The trail advisory board's specific responsibilities may include but not be limited to the following:

 

(1)       Advise the mayor and city council in the development and implementation of trail policies;

 

(2)        Encourage use of the trail system;

 

(3)        Submit trail-related articles to the newspaper or various newsletters;

 

(4)        Assist with public information handouts and arrange for informational booths at area events for dissemination of information to promote community awareness;

 

(5)        Assist in finding and applying for trail grants and in fundraising through public/private partnerships;

 

(6)        Offer input and/or make recommendations for trail projects in the city;

 

(7)        Serve as advocates for trail maintenance projects;

 

(8)        Assist in supplying volunteers for trail projects;

 

(9)        Provide such advice or recommendations as may be specifically requested by the city administrator relative to matters concerning trail projects;

 

(10)      Other duties or responsibilities as may from time to time be assigned by the mayor or city council.

 

Source:  Ord. No. 5263, § 1, 8-19-13; Ord. No. 5334, § 2, 2-2-15

 

Sec. 18-54.  Same - Bylaws; rules; regulations.

 

The trail advisory board may adopt bylaws, rules and regulations for its own guidance as the board may deem necessary and as such shall not be inconsistent with this chapter. 

 

Source:  Ord. No. 5263, § 1, 8-19-13

 

The public information contained herein is furnished as a public service by the City of Norfolk. The official record is maintained by the City Clerk's Office as required by Neb. Rev. Stat. § 16-317. A printed version of the Norfolk Municipal Code is available at the City Clerk's Office and the Norfolk Public Library.

 

The City Clerk's Office may be contacted at (402) 844-2000 or by email bdeck@ci.norfolk.ne.us 

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