That the following regulations shall apply to the taking of fish and frogs from Schuman Park Lake in the City of Rolla, Missouri:
CROSS REFERENCE: Flood control, Ch. 15; planning and zoning, Ch. 42; subdivisions, Ch. 42-Art. II.
STATE LAW REFERENCES: Parks in third class cities, RSMo. §§90.500 to 90.570.
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; Ord. 4035, §3)
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; Ord. 4035, §5)
Ordinance no. 908 of the Code of the City of Rolla, Missouri, be and the same is hereby repealed, thus abolishing the city park board.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; Ord. 4035, §8)
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; Ord. 4035, §9)
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, health and recreation center and outdoor pool of the City of Rolla; control and management of the Rolla Cemetery; the promulgation of rules pertaining to the use of the cemetery, performance of such duties as may have been heretofore borne by the Rolla Cemetery Association Board. (Ord. 2286, §3; Ord. 2790, §12; Ord. 4035, §10)
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; Ord. 4035, §16)
No motor vehicle shall be parked for a period of time longer than twelve hours in any city park. (Ord. 1685, §1; Ord. 4035, §17)
There is hereby established the Parks Advisory Commission of the City of Rolla (also known as the Parks Commission).
The duties of the Parks Commission shall include, but are not limited to, the following:
(Ord. 3366, §1; Ord. 3489, §1; Ord. 4035, §23; Ord. 4258, §1; Ord. 4498, §1)
Parks Commission Members
The Parks Commission shall elect its own officers in accordance with the following guidelines:
Officers elected shall include:
Chairman: Duties are to preside at all meetings of the Commission. He or she shall be a member Ex-Officio of all Standing and Special Committees. 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 Parks Commission meetings. The secretary shall record attendance, service hours, and voting and election results. City personnel shall assist the secretary in this task as requested.
The regular meetings of the Parks Commission shall be held in the evening of the third Wednesday of first month of each quarter (January, April, July, and October) at a designated time and date, or special meetings on the call of the Chairman. The regular meeting place shall be at the Rolla 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 Recreation Center. All meetings are open to the public. (Ord. 3366, §4; Ord. 3593, §1; Ord. 4035, §26; Ord. 4258, §1)
No ordinance pertaining to the Outdoor Aquatic Center or parks system shall be considered by the City Council without first referring same to the Parks Commission and receiving its recommendation with reference thereto; provided, however, that if no recommendation is received from the Commission within a period of thirty (30) days after the matter is referred to the Commission, then the City Council may take action without such recommendation. (Ord. 3593, §1; Ord. 4035, §27; Ord. 4258, §1)
The Parks Commission shall be a recommending body only and shall make its recommendations to the Parks and Recreation Director who in turn report recommendations to the City Council for the operation and maintenance of the park and outdoor recreational system consisting of parks and park amenities, open spaces, playgrounds, the outdoor pool, gardens and other recreational areas owned or used by the City for its final determination as to what action should be taken. The City Council may from time to time delegate certain authority and responsibilities to the Parks Commission as deemed necessary and appropriate. (Ord. 4035, §28; Ord. 4258, §1)
Sec. 31-31. Duties.
There is hereby established the Health and Recreation Center Board of the City of Rolla, hereinafter referred to as "Board."
The duties of the Board shall include, but are not limited to, the following:
To ensure the fiscal sustainability of the Health and Recreation 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.
As a publicly funded enterprise, the Centre should be a leader in community health and wellness. The Board should assist the Director in researching and implementing best management practices for the health, fitness and recreation industry.
Function as an interface between the Parks and Recreation staff and the community.
Establish, leverage, and maintain good working partnerships with other governmental entities, health institutions, and civic organizations in promoting community health and wellness.
Provide input into the City's Budget Plan for the Recreation Center Fund including cost of operations, fees, and charges. The Board shall review and comment on the draft Recreation Center Fund budget prepared by the Parks Director no less than sixty (60) days prior to delivery to the Rolla City Council in August of each budget cycle.
To advise the City Administration and Parks staff on maximizing usage of the Rec Center while recovering all reasonable operation costs. (The Centre shall strive to recover all operating costs from membership and program fees). Administration shall, not less often than annually and more often as the Council shall direct, report to the Council the number of users of facilities and programs, 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.
The Board shall provide at least annually input on the performance of the Director as it relates to the facility. The Board shall assist the Director and City Administrator in preparing annual goals and objectives. A Board representative should be included in the hiring of the Director. (Ord. 4258, §1)
Sec. 31-32. Members.
Health and Recreation Center Board Members
The Parks and Recreation Commission shall consist of five (5) voting members representing various business principles nominated by the Mayor and approved by the City Council. 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, one (1) member being appointed for a one-year term, two (2) members being appointed for a two-year term, and two (2) members being appointed for a three-year term.
The Mayor, City Administrator, and the Parks & Recreation Director may act as ex officio, non-voting members of the Board. Members shall be appointed by the Mayor with the consent of the City Council. The Parks and Recreation Director shall transmit monthly to the Advisory Committee all pertinent information as determined by the Board and City Administrator and submit monthly a summary report to the City Council.
Only the five (5) voting members of the Board shall cast votes. A quorum is defined as a majority of the voting membership.
The anniversary date for appointment or reappointment of expiring Board members shall be April 1 of the appropriate year. An annual meeting of the Board shall be held in the month of April, and the officers of the Board shall be elected at that meeting.
The failure to support the Board 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 Board and may recommend to the Mayor and City Council removal from the Board of such a member.
When a vacancy occurs, the Board 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. 4258, §1)
Sec. 31-33. Officers.
The Board shall elect its own officers in accordance with the following guidelines:
Officers elected shall include:
Chair: Duties are to preside at all meetings of the Board. He or she shall be a member Ex-Officio of all Standing and Special Committees. The Chairman may submit to the City a written report reviewing the Board 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 Parks and Recreation Commission meetings. The secretary shall record attendance, service hours, and voting and election results. The City shall assist the secretary in this task.
Sec. 31-34. Meetings.
The regular meetings of the Board shall be held the third Wednesday of each month at 6:30 p.m., or other so designated time, date or place, or special meetings 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. 4258, §1)
Sec. 31-35. Reserved.
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; Ord. 4035, §36)
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; Ord. 4035, §43)
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; Ord. 4035, §44)
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; Ord. 4035, §49)
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; Ord. 4035, §50)
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; Ord. 4035, §57)
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; Ord. 4035, §58)
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; Ord. 4035, §59)
Except for unusual and unforeseen emergencies, the Health and Recreation Center 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; Ord. 4035, §65)
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; Ord. 4035, §66 )
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; Ord. 4035, §67)
(a) Required. A permit shall be obtained from the Director before participating in any special use or activity in the Park system. A list of such uses and activities shall be kept on file in the Parks and Recreation office.
(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:
(c) Standards for issuance. The Director shall issue a permit hereunder when he finds:
(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; Ord. 4035, §66
CROSS REFERENCE: Licenses, Ch. 25.
City: "City" as referenced herein also includes Rolla Municipal Utilities.
Street trees: "Street trees" are defined as trees, shrubs, bushes and all other woody vegetation on public land lying between the private property lines on either side of all streets and avenues with the city/village.
Park Trees: "Park trees" are defined as trees, shrubs, bushes and all other woody vegetation in public parks.
Public Trees or Public Community Forest: "Public Trees" or "Public Community Forest" is defined as all street and park trees, and other trees owned by the city as a total resource, and may be referred to as public trees.
Community Forest Manager: Community Forest Manager is defined as the official (public employee) representative of the Parks Department and as such is responsible for administration of the community forest program. (Ord. 4490, §1)
It is the purpose of this ordinance to promote and protect the public health, safety, and welfare by providing for the management of the planting, maintenance and removal of trees, shrubs and other woody plants within the City of Rolla located on city property. It is also to manage Rolla's Public Community Forest in a strong, healthy condition for today and the future of Rolla.
Intent:
It is the intent of the City Council of the City of Rolla that the terms of this ordinance shall be construed so as to promote:
(Ord. 4490, §1)
This expands the duties of the Parks Advisory Commission for the City of Rolla to act as the city's Tree Board. Rolla City Ordinance Chapter 31, article IV, sections 31-23 through 31-28, establishes the composition of the advisory commission, the term of office, duties and responsibilities, operation, officers, meetings, other ordinances pertaining to Parks and Recreation activities, and any and all limitations. (Ord. 4490, §1)
The City of Rolla shall maintain an extensive list of recommended street trees and a list for park trees for planting in these respective areas. The purpose of this listing will be to maintain diversity of native species in the total tree population. The list of recommended trees shall be updated periodically by the Community Forest Manager and approved by Parks and Recreation Director, with advice from the Parks Advisory Commission, to reflect new developments of species that will affect the population of the community forest. A separate list of recommended trees will be available to residents of the city upon request to aid in their own selection. (Ord. 4490, §1)
The Parks and Recreation Director will include tree planting and maintenance activities on public property, utilizing the combined efforts of the City and RMU, and reflecting the minimum amount required by Arbor Day Foundation of $2 per capita expenditure to maintain Rolla as a Tree City USA. The Parks Advisory Commission, acting as the Tree Board, will provide input on the budget and the financial reporting requirements. (Ord. 4490, §1)
The Parks Advisory Commission will assist with the public educational outreach on the advantages of trees and the proper planting and maintenance of all trees, including information on invasive trees and other vegetation. The Advisory Commission shall assist the Parks Department and the City in preparing for the annual Arbor Day proclamation and observation and with becoming and maintaining the city's status as a Tree City USA. (Ord. 4490, §1)
Recommendations for street trees:
The City shall have the right to plant, prune, maintain, and remove trees, plants and shrubs within the rights-of-way or bounds of all streets, alleys, lanes, squares and public grounds, as may be necessary to ensure public safety. The City may remove or cause or order to be removed by a qualifying third party that meets Section 31-88 of this ordinance any tree of part thereof which is in an unsafe condition or which by reason of its nature is injurious to electric power lines or other public, improvements or is seriously affected with any fatal disease. Tree pruning and removal should be done with familiarity of and training in the most current ANSI A300 (generally accepted industry standards for tree care practices) found at www.tcia.org (Tree Care Industry Association).
Property owners abutting rights-of-way may perform normal tree care on all street trees in a manner, which promotes safe and healthy plants. Such care must be done in a manner, which protects the health, safety, and welfare of the public. (Ord. 4490, §1)
It shall be unlawful for any person other than officials, agents and employees of the City to remove public trees or to remove or plant trees in City parks or on city-owned land without first obtaining a permit from the Community Forest Manager and receiving written approval from the Parks and Recreation Department. There will be no fee for such permit. A permit is not required of a utility when trimming must be completed to comply with applicable standards for line clearance. (Ord. 4490, §1)
If a permit is granted by the Community Forest Manager for tree removal, the tree must be replaced with a tree or trees of equivalent dollar in the vicinity of the removed tree, as specified by the Community Forest Manager. Public utilities and city departments are exempt from this clause. The value of trees shall be determined by the Community Forest Manager in accordance with regulations considering the species location, size and condition of trees adopted by the Parks Advisory Commission. If no suitable location exists in the vicinity of the tree removed or if the replacement tree is of lesser value, the person causing the tree to be removed shall make a compensatory payment to the city equal to the difference in value between the tree removed and any replacement tree. Such compensatory payment shall be paid into a fund established the Director of Finance and used solely by the Parks Director for the purpose of enhancing the community forest. (Ord. 4490, §1)
No person shall intentionally damage, cut, carve, transplant or remove any public tree, unless authorized specifically by this ordinance; attach any rope, wire, nails, advertisements, posters, signs or other contrivance to any tree; allow any gaseous liquid or solid substance which is harmful to such trees to come into contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree. (Ord. 4490, §1)
It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree, or other tree on public property. Topping, rounding off or pollarding is defined as the systematic cutting back of limbs within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. Trees determined by the city or by public utility to be severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, are exempted from this section. (Ord. 4490, §1)
Clearance over streets and walkways shall be the responsibility of the abutting property owner. A clearance of 8 feet must be maintained over walk ways and a clearance of 15 feet must be maintained over streets and alleys. (Ord. 4490, §1)
The city shall have the right to remove any tree on city property that is dead or has been declared hazardous to public safety by the Community Forest Manager. Hazard trees are defined as trees with severe structural defects or splits. Such trees are determined by the recommendation of the Community Forest Manager to the Parks Director. (Ord. 4490, §1)
It shall be unlawful for any person to prevent, delay or interfere with the Community Forest Manager, the Parks Advisory Commission, city staff, or any of its representatives or agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any trees with the public community forest, trees on right-of-ways or any tree deemed a threat by the city administrator to the safety of the public. (Ord. 4490, §1)
Persons or firms engaged by the city in the business or occupation of pruning, treating or removing any street tree, park tree or public tree should be recognized by the International Society of Arboriculture as a certified arborist or certified tree worker. All persons or firms must carry evidence of liability insurance and workmen's compensation. Such persons or firms must have also have a business license with the city.(Ord. 4490, §1)
This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. (Ord. 4490, §1)
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