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Parks and Recreation* South Portland Code PARKS AND RECREATION* ARTICLE I. IN GENERAL ARTICLE II. PARKS AND RECREATION DEPARTMENT* ARTICLE III. PARKS AND RECREATION DIRECTOR ARTICLE IV. RESERVED* ARTICLE V. WILLARD BEACH* ARTICLE VI. HINCKLEY PARK ARTICLE VII: ESTABLISHMENT OF SOUTH PORTLAND LAND BANK ARTICLE VIII. TOBACCO-FREE PARKS AND RECREATION FACILITIES South Portland Code South Portland Code SOUTH PORTLAND CODE OF ORDINANCES Chapter 18 PARKS AND RECREATION* ---------- * State law reference(s)--Parks, trees and playgrounds, generally, 30 M.R.S.A. § 3801 et seq. ---------- Art. I. In General, §§ 18-1--18-16 Art. II. Parks and Recreation Department, §§ 18-17--18-28 Art. III. Parks and Recreation Director, §§ 18-29--18-42 Art. IV. Reserved, §§ 18-43--18-62 Art. V. Willard Beach, §§ 18-63--18-69 Art. VI. Hinckley Park, §§ 18-70, 18-71 Art. VII. Establishment of South Portland Land Bank, §§18-72--18-77 Art. VIII. Tobacco-Free Parks and Recreation Facilities, §§18-81--18-87 South Portland Code South Portland Code ARTICLE I. IN GENERAL Sec. 18-1. Playing in parks. No person shall engage or participate in any sports or games upon the premises at any city park which may result in personal injury to other persons. (Code 1966, § 6-6-1.11; Ord. No. 15-74, 7-15-74) Sec. 18-2. Swimming, wading in public parks. No person shall swim, bathe or wade in any pool or body of water located upon any public park within the city, except that this restriction shall not apply to such activity at public beaches and swimming pools during hours when such use is permitted. (Code 1966, § 6-6-1.16; Ord. No. 21-70, 8-3-70) Sec. 18-3. Camping, sleeping in public parks, beaches, ponds. No person shall sleep or camp in or upon any park, beach, pond or other recreational property owned by the city. (Code 1966, § 6-6-1.17; Ord. No. 21-70, 8-3-70) Sec. 18-4. Remaining on recreational property past nine p.m. No person shall remain in or upon any park, beach, pond or other recreational property owned by the city from 9:00 p.m. to 6:00 a.m., except for the purpose of traveling across or through them. Nothing herein shall apply to any activity sponsored by the recreational department, the school department or duly licensed by the appropriate city authority. (Code 1966, § 6-2-4; Ord. No. 21-70, 8-3-70, Ord. 14-01/02, 7/15/02 [Fiscal note: Less than $1000]) Sec. 18-5. Use of public landing, ramp. (a) The public launching ramp is intended to be used primarily for the launching of recreational boats. Commercial boats may use the ramp only if the director of parks and recreation or his designee determine that such use does not unreasonably interfere with the launching of recreational boats. The city council may establish by order a schedule of fees for public use of the ramp. (b) The launching of boats from any equipment which may in the opinion of the director of parks and recreation or his designee, cause damage to the public ramp is prohibited. (c) The public float and landing is hereby restricted to the boating and landing from small craft only, and the mooring of small craft, storage of gear, or commercial use of same is expressly prohibited. (d) The boat ramp is intended for the launching of boats and may not be used for short-term or long-term storage of boats. Tying up or leaving any boat in the area is prohibited except when loading or unloading cargo and/or passengers, and except where otherwise posted by proper notice. The time limit for use of this ramp is thirty (30) minutes and no vessel shall tie to, or make use of this ramp for longer periods except under conditions determined by the Director of Parks & Recreation to be an emergency. Boats left or stored on the boat ramp property for longer than thirty minutes without the express permission of the Director of Parks and Recreation or his/her designee are subject to removal and storage off-site by the City. Before reclaiming a boat that has been removed and stored by the City, the owner shall pay to the City South Portland Code all fines due for violation of this provision and all costs associated with removal and storage, including but not limited to the fine of $250 per day established in subsection (h) below. Boats removed and stored which are not reclaimed within the statutory period for abandoned property or such other shorter time period as permitted by law may be sold by the City according to law. (e) No vehicles, trailers, campers, or the like shall be parked or left in the area adjoining the ramp during the hours properly posted in the area. (f) When approaching or leaving the area, the speed of all boats shall be reduced to head way speed, so as to provide full visibility and control and prevent their wash from being thrown onto or causing excessive rocking to other boats. "Head way speed" for the purpose of this section shall mean the slowest speed that a power boat may be operated and maintain steerage way, but in no case shall exceed six (6) miles per hour. (g) The director of parks and recreation is authorized to promulgate reasonable rules and regulations to carry out the intent of this section and to further govern the use of the public landing and the public launching ramp for the convenience and safety of the public. (h) Any person who violates a provision of this section or of any rule or regulation promulgated pursuant to subsection (g) shall be penalized by a fine of two hundred fifty dollars ($250.00) and, in addition, shall be responsible for the cost of repair or reconstruction should damage to the public landing or public launching ramp result from the violation. Each day or portion thereof a violation is permitted to exist shall constitute a separate violation. (Code 1966, §§ 7-7-1, 7-7-2; Ord. No. 19-78, 10-2-78; Ord. No. 12-79/80, 12-3-79; Ord. No. 41-87/88, 5-2- 88; Ord No. 11/99/00, 5/1/00, [Fiscal Note: Less than $1000]; Ord. No. 16-19/20, 3/5/2020 [Fiscal Note: Less than $1000]) Sec. 18-6. Littering, animal waste in parks. No person shall cause or permit any litter, debris, refuse, garbage, human or animal excrement or other objectionable wastes to be cast or deposited upon the premises of any park, beach, pond or other recreational property owned by the city. This prohibition shall not include the reasonable spreading of animal excrement or other fertilizer as part of the landscaping and maintenance activities of the parks department and other city employees or agents. Horses, mules, donkeys, ponies and jackasses are exempt from this section. (Code 1966, § 6-6-1.11; Ord. No. 15-74, 7-15-74; Ord. No. 26-89/90, 6-4-90; Ord. No. 20-00/01, 4/18/01 {Fiscal Note: Less than $1000]; Ord. No. 16-19/20, 3/5/2020 [Fiscal Note: Less than $1000]) Sec. 18-7. Possession and consumption of alcoholic beverages in recreational areas. No person shall possess or consume any malt beverages or spirituous or vinous beverages upon any park, beach, pond or other recreational property owned by the city. (Ord. No. 15-74, 7-15-74) Sec. 18-8. Operation of motor vehicles on city property; restricted; exceptions. No person shall operate any automobile, truck, bus, snowmobile, motorcycle, minibike or other motorized vehicle on any park, beach, or other property owned by the city, except that this restriction shall not apply to municipal employees engaged in emergency or maintenance operations, nor to activities sponsored or sanctioned by the parks and recreation departments. (Ord. No. 15-74, 7-15-74; Ord. No. 26-78, 10-16-78) Sec. 18-9. "Park" defined. South Portland Code A "park" is defined as a public area of land, usually in a natural state, having facilities for rest and/or recreation, or providing public open space, shall include but not be limited to all beaches and the Greenbelt Walkway, and all of the parking facilities adjacent to those locations. (Ord. No. 15-74, 7-15-74; Ord. No. 20-00/01, 4/18/01 [Fiscal Note: Less than $1000]; Ord. No. 14-01/02, 7/15/02 [Fiscal Note: Less than $1000]) Sec. 18-10. Feeding of waterfowl and gulls prohibited. No person shall feed, provide or give any food or other edible item to any goose, duck, swan or other waterfowl or any gull within any park within the City or within any City-owned or City-controlled property, including, without limitation, hand feeding or the placing or setting out of food to be left attended or unattended. (Ord. No. 16-18/19, 5/4/19 [Fiscal Note: Less than $1000]; Ord. No. 16-19/20, 3/5/2020 [Fiscal Note: Less than $1000]) Sec. 18-11. Enforcement. This Article shall be enforced by the Police Chief or his/her designee, for whom the Parks and Recreation Department shall provide investigative and enforcement assistance. Nothing in this Article shall prevent the enforcement official from obtaining voluntary compliance by way of warning, notice or education. (Ord. No. 16-18/19, 5/4/19 [Fiscal Note: Less than $1000]; Ord. No. 16-19/20, 3/5/2020 [Fiscal Note: Less than $1000]) Secs. 18-12 Penalties. Notwithstanding any other provision of the Code of Ordinances to the contrary, every person adjudicated in a court of law to be in violation of this Article shall be punished by a fine of $150 for the first violation, $250 for the second violation, and $450 for the third and subsequent violations, to be recovered upon complaint to Maine District or Superior Court in Portland, for use of the City; provided, however, that every person adjudicated in a court of law to be in violation of Sec.
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