Chapter 31 - Parks and Recreation
Chapter Contents:
Article I - In General
- § 31-1. Firearms and fireworks - Possession in city parks prohibited.
- § 31-2. Fishing regulations at Schuman Park Lake.
- § 31-3. Loitering, etc., in public parks or playgrounds - Prohibited.
- § 31-4. Swimming and boating in park impoundments - Prohibited.
- § 31-5. All dedicated but, undeveloped park land uses; bird sanctuaries, maintenance.
- §§ 31-6 to 31-7. Reserved.
Article II - City Department of Parks & Recreation
- § 31-8. Abolishment of city park board.
- § 31-9. Department established; position of parks and recreation director - Created.
- § 31-10. Director of parks and recreation - Duties.
- §§ 31-11 to 31-15. Reserved.
Article III - Traffic and Vehicles In City Parks
- § 31-16. Operation of motor vehicles in city parks.
- § 31-17. Parking of motor vehicles in city parks.
- §§ 31-18 to 31-22. Reserved.
Article IV - Health& Recreation Center Advisory Committee
- § 31-23. Duties.
- § 31-24. Members.
- § 31-25. Officers.
- § 31-26. Meetings.
- § 31-27. Ordinances pertaining to the Health and Recreation Center and SplashZone activities.
- §§ 31-28 to 31-31. Reserved.
Article V - Department
- § 31-32. Director - Appointment; qualifications.
- § 31-33. Powers and duties.
- §§.31-34 to 31-35. Reserved.
Article VI - Conduct Regulations
Division 1 - Generally
- § 31-36. Definitions.
- § 31-37. Enforcement.
- §§ 31-38 to 31-42. Reserved.
Division 2 - Prohibited Acts Relating to Recreation Facilities
- § 31-43. General disfiguration and removal.
- § 31-44. Restrooms and washrooms.
- §§ 31-45 to 31-48. Reserved.
Division 3 - Behavior
- § 31-49. Interference with users.
- § 31-50. Loitering, disorderly conduct.
- §§ 31-51 to 31-56. Reserved.
Division 4 - Merchandising, Advertising and Signs*
- § 31-57. Advertising generally.
- § 31-58. Vending and peddling.
- § 31-59. Posting signs.
- §§ 31-60 to 31-64. Reserved.
*Cross Reference: Licenses, Ch. 25.
Division 5 - Operating Policies
- § 31-65. Hours of operation.
- § 31-66. Closed areas.
- § 31-67. Lost and found articles.
- § 31-68. Permit.
- §§ 31-60 to 31-64. Reserved.
Article I - In General
Sec. 31-1. Firearms and fireworks - Possession in city parks prohibited.
(a) No person except all duly authorized law enforcement personnel shall have in his possession any firearms while on the premises of any city park. (Ord. 1438, §1; Ord. 2866, §2; Ord. 2892, §2.)
(b) It shall be unlawful for any person to have in his possession or cause to discharge any fireworks without first obtaining the written permission from the director of the parks and recreation department. "Fireworks" shall be defined as any firecracker, potash or sulphur tablet or pellet, or any device for exploding any tablet or pellet, or any torpedo, aerial salute or aerial reporting shell, or any display bomb shall or any other article commonly known as fireworks which give off a loud report or a display of smoke or light which can be seen outside the premises of the park. (Ord. 2944, §1; Ord. 3190, §2)
(c) This ordinance shall be in full force and effect after July 8, 1997. (Ord. 3190, §3)
Sec. 31-2. Fishing regulations at Schuman Park Lake.
That the following regulations shall apply to the taking of fish and frogs from Schuman Park Lake in the City of Rolla, Missouri:
(a) Fishing is permitted from January 1st to December 31st. Only poles or rods with attached lines may be used and not more than three (3) poles or rods may be used by one (1) person. Seining or trapping live bait is prohibited.
(b) Daily possession limits: Black Bass, six (6); channel catfish, four (4); all other fish, statewide limits but not to exceed twenty (20) in the aggregate. The Black Bass protected length limit, range or slot is 12-15 inches. All Black Bass greater than or equal to twelve (12) inches and less than fifteen (15) inches shall be released unharmed immediately. (Ord. 3118, §1)
(c) Bullfrogs and green frogs may be taken by pole and line, gig, longbow, hand or handnet during the bullfrog season. (Ord. 2456, §1.)
Sec. 31-3. Loitering, etc., in public parks or playgrounds - Prohibited.
It shall be unlawful for any person to enter or loiter, idle, wander, stroll, play or remain in any city park or playground during the hours between 12:00 midnight and sunrise. (Ord. 1142, §1.)
Sec. 31-4. Swimming and boating in park impoundments - Prohibited.
(a) It shall be unlawful for any person to swim or operate a boat in any city park's pond, lake or impoundment located within the City of Rolla, Missouri, without first obtaining the written permit from the director of the parks and recreation department.
(b) Any person who is found guilty of violating this Ordinance shall be subject to a fine not to exceed five hundred and no/100 ($500.00) dollars or imprisonment in jail for a period not to exceed thirty (30) days or by both fine and imprisonment. (Ord. 2377, §§1, 2.)
Sec. 31-5. All dedicated but, undeveloped park land uses; bird sanctuaries,maintenance.
All undeveloped city park land under control of the City of Rolla, Missouri, be and the same is hereby designated as Bird Sanctuaries, Park areas are to remain park land and open to the public at all times. No mowing or maintenance shall be done in the designated areas. Areas shall lose sanctuary status at such time that the City of Rolla, Missouri, is desirous of improving park areas for intensive public use.
Sanctuaries thus established shall be a joint activity of the Ozark Rivers Audubon Society and the Gardeners of the Ozark Hills, in cooperation with other recognized garden clubs and under the general guidance of the national Audubon Society and the National Council of State Garden Clubs, Inc.
Further, standard signs provided by the Audubon Society and the Gardeners of the Ozark Hills proclaiming the areas as "Bird Sanctuaries" shall be permitted to be erected by the Audubon Society and the Gardeners of the Ozark Hills at designated sites as an appeal and reminder to tourist and native alike.
It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob their nests. Provided, however, if Starlings, Grackles or similar birds are found to be congregating in such numbers in a particular locality, so that, in the opinion of the proper health authorities, City of Rolla, to be a nuisance or menace to health, then said birds may be destroyed in such numbers and manner as is deemed advisable under supervision of the Chief of Police, City of Rolla, Missouri.
Anyone violating the provisions of this Ordinance shall be punished by a fine of not more than twenty-five ($25.00) or imprisonment not to exceed five (5) days. (Ord. 2907, §1)
Sec. 31-6 to 31-7. Reserved.
ARTICLE II CITY DEPARTMENT
Sec. 31-8. Abolishment of city park board.
Ordinance no. 908 of the Code of the City of Rolla, Missouri, be and the same is hereby repealed, thus abolishing the city park board. The present treasurer of said park board shall relinquish all funds of said board now within his possession or control to the city clerk of the City of Rolla, Missouri. Such funds shall then be kept separate and apart from all other funds of the city, as per section 90.010 RSMo, 1978. (Ord. 2286, §1.)
Sec. 31-9. Department established; position of parks and recreation director Created.
There is hereby created within the city the department of parks and recreation, which shall be headed by a director of parks and recreation. (Ord. 2286, §2.)
Sec. 31-10. Director of parks and recreation - Duties.
The duties of said director of parks and recreation shall include, but not be limited to, the following: The planning of recreation programs; the development of park-related maintenance programs; the direct supervision of work supervisors; the management of all related programs; budget development and administration; care of the cemetery of the City of Rolla; control and management of the cemetery of the City of Rolla; the promulgation of rules pertaining to the use of the cemetery of the City of Rolla performance of such duties and the size of such powers as may have been heretofore borne by the Rolla Cemetery Association Board. (Ord. 2286, §3; Ord. 2790, §12.)
Secs. 31-11 to 31-15. Reserved.
Article III - Traffic and Vehicles In City Parks
Sec. 31-16. Operation of motor vehicles in city parks.
No person shall operate a motor vehicle in any city park except in and upon established streets and driveways in such city park. (Ord. 1437, §1.)
Sec. 31-17. Parking of motor vehicles in city parks.
No motor vehicle shall be parked for a period of time longer than three hours in any city park. (Ord. 1685, §1.)
Secs. 31-18 to 31-22. Reserved.
Article IV - Health Recreation Center Advisory Committee
Sec. 31-23. Duties.
The duties of the Health & Recreation Center Advisory Committee shall include but are not limited to the following:
(a) To ensure the economic viability of the Health & Recreation Center and Outdoor Family Aquatic Center by providing direct input to the management team on such matters as marketing and public relations, health and fitness management, and business management and accounting.
(b) Function as an interface between the Health & Recreation Center Management team and the community.
(c) Establish and maintain a good working relationship with governmental entities, residents and civic organization in our community which are, or which would like to be, active in the Health & Recreation Center.
(d) Provide appropriate input to the City's Budget Plan for the Rec. Center & Pool Enterprise Fund including cost of operations, fees, and charges.
(e) To advise the City Administration on the establishment of fees for the use of the Health and Recreation Center and the Outdoor Family Aquatic Center, which said fees shall be established by the City Administration with the goal to maximum usage of those facilities while recapturing 100% of the operating costs. The City Administration shall, not less often than annually and more often as the council shall direct, report to the Council the number of users of said facilities in the preceding year and the revenues generated from user fees as well as projected use of the facilities for the coming year and the schedule of fees for use thereof. Nothing herein contained shall prevent the Council, by resolution, from changing the schedule of user fees. (Ord. 3366, §1; Ord. 3489, §1)
Sec. 31-24. Members.
Health & Recreation Advisory Committee Members.
(a) The Health and Recreation Center Advisory Committee shall consist of seven (7) voting members representing various business principles. No less than four (4) members shall be residents of the city of Rolla except the non-resident members currently serving on the Committee shall be allowed to continue to serve in that capacity. The members shall serve for a term of (3) three years or until their successors are appointed and confirmed as set forth in this section; provided, however, that the first appointees shall be appointed for staggered terms, two (2) members being appointed for a one-year term, two (2) members being appointed for a two-year term, and three (3) members being appointed for a three-year term. (Ord. 3762, §1)
(b) The Mayor, City Administrator, and the Parks & Recreation Director may act as ex officio, non voting members of the Health & Recreation Center Advisory Committee. Members shall be appointed by the Mayor with the consent of the City Council. The Health & Recreation Center Director shall transmit monthly to the Advisory Committee all pertinent information and submit monthly a full report to the City Council.
(c) Only the seven (7) voting members of the Health and Recreation Center Advisory Committee shall cast votes. A quorum is defined as a majority of the voting membership.
(d) The anniversary date for appointment or reappointment of expiring Health & Recreation Center Advisory Committee Members terms shall be October 1 of the appropriate year. An annual meeting of the Health & Recreation Center Advisory Committee shall be held in the month of October, and the officers of the Health & Recreation Center Advisory Committee shall be elected at that meeting.
(e) The failure to support the Health & Recreation Center Advisory Committee through active participation at its meetings may be cause for removal. (Active participation is defined as attending all scheduled meetings with an allowance of three (3) meetings missed per year but only for extenuating circumstances). Members are encouraged to participate in special events. The Chairman shall contact those missing three (3) scheduled meetings. At the next meeting, the Chairman shall report to the Advisory Committee and the Advisory Committee may recommend to the Mayor and City Council removal from the Advisory Committee of such a member.
(f) When a vacancy occurs, the Health & Recreation Center Advisory Committee shall notify the Mayor that a vacancy does indeed exist. In case of a vacancy due to death, resignation or disqualification of one or more of the members, the unexpired term shall be filled by an appointment by the Mayor with consent of the City Council. (Ord. 3366, §2; Ord. 3447, §2; Ord. 3593, §1)
Sec. 31-25. Officers.
The Health & Recreation Center Advisory Committee shall elect its own officers in accordance with the following guidelines:
(a) Officers elected shall include:
- Chairman: Duties are to preside at all meetings of the Committee. He or she shall be a member Ex Officio of all Standing and Special Committees. The Chairman shall submit to the City a written report reviewing the Committees activities of the past year and recommending future activities. In case a vacancy occurs in the office of the Chairman, the Vice Chairman shall become Chairman and a new Vice Chairman shall be elected.
- Vice-Chairman: The Vice Chairman shall fulfill the duties of the Chairman when the latter, for any reason, is unable to act in his/her capacity as Chairman.
- Secretary: The Secretary shall prepare the records of all scheduled Health & Recreation Center Advisory Committee meetings. The secretary shall record attendance, service hours, and voting and election results. City personnel shall assist the secretary in this task.
(b) The Health & Recreation Center Advisory Committee may form subcommittees of the Health & Recreation Center Advisory Committee for designated periods of time to work on specific projects. Such subcommittees shall report their findings and recommendations to the Health & Recreation Center Advisory Committee, which shall make any final written report and recommendation to the Health & Recreation Center Director. Each said subcommittee shall be dissolved when work on the assigned project is determined to be completed by the Health & Recreation Center Advisory Committee. (Ord. 3366, §3; Ord. 3593, §1)
Sec. 31-26. Meetings.
The regular meetings of the Health & Recreation Center Advisory Committee shall be held monthly at a designated time, date or place on the call of the Chairman. Special meetings may also be called on the call of the Chairman. The regular meeting place shall be at the Health and Recreation Center. A notice and tentative agenda of all meetings must be posted on the Public Notice Bulletin Board at City Hall and at the Health and Recreation Center when the meeting is held elsewhere. All meetings are open to the public. (Ord. 3366, §4; Ord. 3593, §1)
Sec. 31-27. Ordinances pertaining to the Health and Recreation Center and SplashZone activities.
No ordinance pertaining to the Health and Recreation Center, Outdoor Aquatic Center or the recreational activities of the CENTRE shall be considered by the council without first referring the same to the Health and Recreation Center Advisory Committee and receiving its recommendation with reference thereto; provided, however, that if no recommendation is received from the committee within a period of thirty (30) days after the matter is referred to the committee, then the Council may take action without such recommendation. Council may also take action without a recommendation if the necessity of the ordinance is deemed an emergency by Council. (Ord. 3593, §1)
Secs. 31-27 to 31-31. Reserved.
ARTICLE V DEPARTMENT
Sec. 31-32. Director - Appointment; qualifications.
The Health and Recreation Center Director shall be appointed by the city administrator, and shall have supervision and control of the department, with direction from the city administrator, He/She shall be selected by the city administrator on the basis of his training and experience for his duties. (Ord. 3593, §1)
Sec. 31-33. Powers and duties.
The recreation center director shall be responsible to the city administrator for an adequate and progressive recreation center and program. To that end, he shall have the power and be required to:
(a) Manage and control all recreation programs and finances relating to the Health and Recreation Center and Outdoor Aquatic Center.
(b) Manage and control the recreational use of the Health and Recreation Center and Outdoor Aquatic Center and equipment, as may be authorized for recreational purposes.
(c) Submit a plan, with the advice of the Health and Recreation Advisory Committee, for financing and programming of the recreation center, outdoor pool, and programs.
(d) Formulate, with the advice of the Health and Recreation Advisory Committee, proposed rules and regulations for submission to the council by the city administrator for the proper use and protection of all property under the jurisdiction of the Health and Recreation Center and Outdoor Aquatic Center. (Ord. 3593, §1)
Secs. 31-34 to 31-35. Reserved.
ARTICLE VI CONDUCT REGULATIONS
DIVISION 1. GENERALLY
Sec. 31-36. Definitions.
For the purposes of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein:
Director, A person immediately in charge of facility and activities, and to whom all attendants of such area are responsible.
Facility. A recreation center or any other area in the city, owned or used by the City, and devoted to active or passive recreation. (Ord. 3593, §1)
Sec. 31-37. Enforcement.
(a) Officials. The director and attendants shall diligently enforce the provisions of this Article.
(b) Ejectment. The director and any attendant shall have the authority to eject from the facility any person acting in violation of this Article.
(c) Seizure of property. The director and any attendant shall have the authority to seize and confiscate any property, thing or device in the facility, or used, in violation of this Article. Items will be presented to police/parent/guardian for disposition of items in a manner determined by the director.
(d) Resistance. In the event of resistance to action intended to correct a violation of this Chapter, either physical or otherwise, the director or any attendant shall refer the violation to the police department.
(e) Penalties for violation. Any person violating the provisions of any section of this Chapter shall be subject to the penalties provided in section 1-8 of the Code of Ordinances, except in the event the person violating the provisions of this Chapter is, by reason of age, not subject to the jurisdiction of the municipal court of the city. (Ord. 3593, §1)
Secs. 31-38 to 31-42. Reserved.
DIVISION 2. PROHIBITED ACTS RELATING TO RECREATION FACILITIES
Sec. 31-43. General disfiguration and removal.
It shall be unlawful for any person in a facility to mark, deface, disfigure, injure, tamper with or displace or remove, any building; tables; benches; fireplaces; railings; paving or paving material; 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 facility property or appurtenances whatsoever, either real or personal. (Ord. 3593, §1)
Sec. 31-44. Restrooms and washrooms.
It shall be unlawful for any person in a facility to fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of four (4) years shall use the restrooms and washrooms designated for the opposite sex. (Ord. 3593, §1)
Secs. 31-45 to 31-48. Reserved.
DIVISION 3. BEHAVIOR
Sec. 31-49. Interference with users.
It shall be unlawful for any person in a facility to disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity. (Ord. 3593, §1)
Sec. 31-50. Loitering, disorderly conduct.
It shall be unlawful for any person in a facility to sleep or protractedly lounge on the seats, or benches, or other areas; or to engage in loud, boisterous, threatening, abusive, insulting or indecent language; or to engage in any disorderly conduct or behavior tending to a breach of the public peace. (Ord. 3593, §1)
Secs. 31-51 to 31-56. Reserved.
DIVISION 4. MERCHANDISING, ADVERTISING AND SIGNS*
Sec. 31-57. Advertising generally.
It shall be unlawful for any person in a facility to announce, advertise or call the public attention in any way to any article or service for sale or hire. (Ord. 3593, §1)
Sec. 31-58. Vending and peddling.
It shall be unlawful for any person in a facility to expose or offer for sale any article, thing or service, or to station or place any stand, cart, or vehicle for the transportation, sale or display of any such article or thing. An exception is made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Director. (Ord. 3593, §1)
Sec. 31-59. Posting signs.
It shall be unlawful for any person in a facility to paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, or to erect or cause to be erected any sign whatsoever on any public lands or highways or roads adjacent to a facility. (Ord. 3593, §1)
Secs. 31-60 to 31-64. Reserved.
CROSS REFERENCE: Licenses, Ch. 25.
DIVISION 5. OPERATING POLICIES
Sec. 31-65. Hours of operation.
Except for unusual and unforeseen emergencies, facility shall be open to the public every day of the year during designated hours, except New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas, and Preventative Maintenance. The opening and closing hours for each individual facility shall be posted therein for public information. (Ord. 3593, §1)
Sec. 31-66. Closed areas.
Any section or part of any facility may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the director shall find reasonably necessary. (Ord. 3593, §1)
Sec. 31-67. Lost and found articles.
The finding of lost articles by attendants shall be reported to the director, who shall make every reasonable effort to locate the owners. Items left for longer than 90 days will be disposed. The director shall also make every reasonable effort to find articles reported as lost. (Ord. 3593, §1)
Sec. 31-68. Permit.
(a) Required. A permit shall be obtained from the director before participating in any special use or activity in the Health and Recreation Center or Outdoor Aquatic Center. A list of such uses and activities shall be kept on file in the recreation center.
(b) Application. A person seeking issuance of a permit hereunder shall file an application with the director or his/her designee.
The application shall state:
(1) The name and address of the applicant.
(2) The name and address of the person sponsoring the activity, of any.
(3) The day and hours for which the permit is desired.
(4) The facility or portion thereof for which such permit is desired.
(5) An estimate of the anticipated attendance.
(6) Any other information which the director shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
(c) Standards for issuance. The director shall issue a permit hereunder when he finds:
(1) That the proposed activity or use of the facility will not unreasonably interfere with or detract from the general public enjoyment of the facility.
(2) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(3) That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct.
(4) That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by city.
(5) That the facilities desired have not been reserved for other use at the day and hour required in the application.
(d) Appeal. Within five (5) days after receipt of an application, the director shall apprise an applicant, in writing, of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal, in writing, within five (5) days to the city administrator, who shall consider the application under the standards set forth in subsection (c) hereof; and sustain or overrule the director's decision within five (5) days. The decision of the city administrator shall be final.
(e) Effect of permit. A permittee shall be bound by all facility rules and regulations and all applicable ordinances as fully as though the same were inserted in said permits.
(f) Liability of permittee. The person to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person to whom such permit shall have been issued.
(g) Revocation. The director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown. (Ord. 3593, §1)
