§ 58-85. Behavior.

(a)

Sale, consumption and possession of alcoholic beverages in parks and recreational facilities prohibited; exceptions. It shall be unlawful except as otherwise provided in this article for any person to sell, consume or possess alcoholic beverages in a park or recreational facility. This prohibition shall not apply to the sale, consumption and possession of alcohol served for immediate consumption on the premises.

(1)

During a special event held at a city park or recreational facility where the city commission has by resolution permitted the sale, consumption and possession of alcoholic beverages at the park or recreational facility, provided that:

a.

The applicant has received an event permit from the city or, if the city is the applicant, that such event has been approved by the mayor;

b.

That adequate safeguards will be taken to ensure that no breach of the peace or littering will be permitted to occur as a result of the sale, consumption and possession of alcohol at the event;

c.

That the event has the proper alcoholic beverage license issued by the state, if applicable.

(2)

At designated picnic areas specified by the director of parks and recreation as areas in which alcoholic beverages may be possessed and/or consumed. Such areas may include, but are not exclusive to, family picnic areas, areas reserved for large group picnics, and facilities for food service. In determining whether an area should be designated for the consumption of alcoholic beverages or whether a designation should remain, the director shall consider, among other factors, the general use of the area under consideration and nearby area, the hours during which the facility is open, the conduct of persons utilizing the area so designated or under consideration for designation. Kegs of beer or other alcoholic malt beverages shall be allowed only in reserved picnic areas and only with a permit issued by the director.

(3)

The city commission may permit the sale of alcoholic beverages by private entrepreneurs who develop and/or operate facilities upon premises leased from the city within a city park or recreational facility for food service, performing arts, golf courses, and other facilities, as the city commission deems appropriate. Such requests shall be directed to the city commission for consideration on an individual, case-by-base basis and approval may be granted, if at all, only by formal commission action. The city commission action shall set forth the type of alcoholic beverages which may be sold, the area in which the sale may occur, the area in which the alcoholic beverage may be possessed and consumed, and the hours and days during which the sale, possession and/or consumption is permitted. The city commission may set forth other terms and conditions as it deems appropriate. The city commission may, at its discretion, revoke or condition such approval, either temporarily or permanently.

(b)

Fireworks and explosives. No person shall bring or have in his possession, or set off or otherwise cause to explode or discharge or burn, any firecrackers, torpedo rocket, or other fireworks or explosives of inflammable material, or discharge them or throw them into any such area from land or highway adjacent thereto. This prohibition includes any substances, compound, mixture, or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints. Special permits may be issued by the director of parks and recreation for fireworks displays, subject to the provision that the fireworks displays have adequate supervision and approval from the fire rescue department of the city.

(c)

Domestic animals. No person shall bring a dog or other domestic animal into areas except as may be clearly marked by signs bearing the words "Domestic Animals Permitted in this Area." Nothing in this subsection shall be construed as permitting the running of dogs at large. All dogs in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than ten feet in length.

(d)

Fires. No person shall build or attempt to build a fire except in such areas and under such regulations as may be designated by the director of parks and recreation. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material, within any park area or on any highway, road or street abutting or contiguous thereto.

(e)

Closed areas. No person shall enter an area posted as "Closed to the Public," nor shall any person use, or abet the use of, any area in violation of posted notices.

(f)

Games of chance. No person shall gamble or participate in or abet any game of chance.

(g)

Loitering and boisterousness. No person shall sleep on the seats or benches or other areas, or engage in loud, boisterous, threatening, abusive or insulting language, or engage in any disorderly conduct or behavior.

(h)

Exhibit permits. No person shall fail to produce and exhibit any permit from the director of parks and recreation, upon request of any authorized person who shall desire to inspect the permit for the purpose of enforcing compliance with any ordinance or rule.

(i)

Interference with permittees. No person shall disturb or interfere unreasonably with any person or party occupying any area, or participation in any activity, under the authority of a permit.

(Code 1979, § 21-68; Ord. No. 4069-07, § 1, 9-24-2007; Ord. No. 4196-09, § 2, 1-26-2009; Ord. No. 4272-10, § 1, 6-14-2010; Ord. No. 4538-14, § 9, 11-10-2014; Ord. No. 4632-16, § 7, 4-25-2016)