SECTION 805.01 PURPOSE:

The purpose of this chapter is to regulate the use of the City of Sunfish Lake street easements or rights-of-way, open spaces, parks and public properties to further promote their safe and orderly use to further the health, safety, and welfare of persons within Sunfish Lake.

SECTION 805.02 REGULATIONS FOR PUBLIC STREET EASEMENTS OR RIGHTS-OF-WAY:

The following regulations shall apply to all City street easements or rights-of-way:

Subd. 1. Street Easements or Rights-of-Way:

(a) Placement or installation of utilities within a City street easement or right-of-way shall be in accordance with Chapters 801, 802, 803 and 804 of Article VIII of the Sunfish Lake City Code.

(b) No person within a City street easement or right-of-way shall:

(1) Dig or remove any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means, except as allowed under Chapter 801, 802, 803, or 804 of the City Code, or a City approved project or street maintenance.

(2) Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued by the City hereunder.

(3) Bring in or dump, deposit, or leave any broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash.

(4) Leave, store or abandon personal property within a public street right-of-way.

(5) Paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any public lands or street or utility rights-of-way, unless approved by the City.

(6) Geocache within a public street easement or right-of-way.

SECTION 805.03 REGULATIONS FOR ALL CITY PUBLIC OPEN SPACE, PARKS AND TRAILS:

The parks and open spaces within Sunfish Lake are Harmon Park, Musser Park, and Russ Wahl Wetland.  These sites have been acquired by the City and have been and are intended to be kept in their natural state.  Therefore, they shall be governed by the following regulations:

Subd. 1    Public Property:   No person within City public open space, park, or trails shall:

(a) Willfully mark, deface, disfigure, injure, tamper with or displace or remove any structures, bridges, tables, benches, railings, paving or, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

(b) Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area except for City approved projects or park maintenance.

(c) Dig or remove any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means except for City approved projects or park maintenance.

(d) Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued by the City hereunder.

(e) Climb, walk, stand or sit upon monuments, railing, fences or upon any other property not designated or customarily used for such purposes.

Subd. 2    Sanitation, Litter, Beverages, and Fires:  No person in City public open space, parks, or trails shall:

(a) Throw, discharge or otherwise place or cause to be placed in the waters of any pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in, the pollution of said waters.

(b) Have brought in or shall dump, deposit, or leave any broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left on the grounds thereof, but shall be placed in the proper trash receptacles where these are provided; where trash receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.

(c) Possess alcoholic beverages or display or use a glass container.

(d) Start or ignite a fire without City approval.

(e) Place, leave, store or abandon personal property within a public park or open space.

(f) Geocache within a public park or open space.

Subd. 3    Motorized Vehicles, Bicycles, or Parking:   No person within the City public open space, parks, or trails shall:

(a) Operate motorized vehicles (all as defined in Minnesota statutes section 169.11); all terrain vehicles (as defined in Minnesota statutes section 84.92, subdivision 8); or snowmobiles (as defined in Minnesota statutes section 84.81, subdivision 3) without the approval of the city, except for city vehicles and public safety vehicles.

(b) Ride a bicycle in areas other than a paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use.

(c) Park beyond the public street easement or right-of-way or in unidentified parking areas.

Subd. 4   Sales and Advertisement:   No person within the City public open space, parks, or trails shall:

(a) Expose or offer for sale any article or thing.  Nor shall he station or place any stand, cart, or vehicle for the transportation, sale or display of any such article or thing within a public park or open space.

(b) Advertise, announce, or call the public attention in any way to any article or service for sale or hire.

(c) Paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park unless approved by the City.

Subd. 5    Behavior:   No person within the City public open space, parks, or trails shall:

(a) Engage in loud, boisterous, threatening, abusive, insulting, or indecent language, or engage in any disorderly conduct or behavior tending to breach the public peace.

(b) Be under the influence or consume intoxicating drugs or alcoholic beverages.

(c) Throw or cast any stone or other object carelessly or heedlessly in disregard of the rights or the safety of others, or in a manner so as to endanger or be likely to endanger any person or property.

Subd. 6    Other Regulations:   No person within the City public open space, parks, or trails shall:

(a) Use or be in this area between the hours of dusk to dawn. 

(b) Swim, bathe, or wade in any waters or water-ways in or adjacent to any park.

(c) Set up tents, shacks, or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as a house trailer, camp-trailer, camp-wagon, or the like.

(d) Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird, nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird; nor shall he collect, remove, have in his possession, give away, sell or offer to sell, or buy or offer to buy, or accept as a gift, any specimen alive or dead; nor shall he carry, or possess firearms of any descriptions, or air rifles, spring guns, bow and arrows, slings or any other form of weapons potentially inimical to wild life and dangerous to human safety, or any instrument that can be loaded with a fire blank cartridges, or any kind of trapping device; unless a permit is approved  by the state and the city.

SECTION 805.04 MISDEMEANOR VIOLATION PENALTIES:

Every person violates any provision of this chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as for a misdemeanor as provided in Section 104.02 of this Code. 

(The entirety of Chapter 805 was originally adopted by Ord. 2012-02, 4/3/12)