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Lewiston Code Chapter 54 CH 54:1 Chapter 54 PARKS AND RECREATION* Sec. 54-1. Public park established; commercial uses forbidden. Sec. 54-2. Lewiston City Park or Common defined. Sec. 54-3. Riding and driving on public grounds regulated. Sec. 54-4. Reserved. Sec. 54-5. Depositing of offensive substances; committing nuisances. Sec. 54-6. Unlawful to be in Kennedy Park during certain hours; exception. Sec. 54-7. Unlawful to be in the following city parks during certain hours; exception. Sec. 54-8. Public drinking of alcoholic beverages prohibited. Sec. 54-9. Designation of Drug-Free “Safe Zones”. Sec. 54-10. Smoking on athletic fields during certain times and on city playgrounds prohibited. Sec. 54-11. Penalties. *Cross references: Department of recreation, § 2-386 et seq.; removing or destroying public plants or fixtures prohibited, § 50-7. State law references: Authority to establish parks, 30-A M.R.S.A. § 3252. ---PAGE BREAK--- PARKS AND RECREATION Lewiston Code Chapter 54 CH 54:2 Sec. 54-1. Public park established; commercial uses forbidden. The Lewiston City Park, or Common, so-called, which was conveyed to the Town of Lewiston by the Franklin Company on December 18, 1861, shall at all times be kept open for a public park, or common, to be used by the public in general; no building whatsoever shall at any time be erected thereon, and the park shall not at any time be used by any person for commercial purposes. No license or permission shall be granted for the use of such park or common in violation of the above restrictions without the approval of the city administrator or deputy city administrator. (Code 1982, § 20-1; Ord. No. 01-8, 7-5-01; Ord. No. 01-16, 10-18-01; Ord. No. 05-24, 2-16-06) Sec. 54-2. Lewiston City Park or Common defined. The term "Lewiston City Park" or "Common" when used in this chapter shall mean Kennedy Park. (Code 1982, § 20-2) Sec. 54-3. Riding and driving on public grounds regulated. No person shall ride, lead or drive any horse or vehicle in or on the open grounds of the city, nor in or upon any enclosed public square, unless by permission of the council. (Code 1982, § 20-3) Cross references: Traffic and vehicles, ch. 70. Sec. 54-4 Reserved. Editor’s note – Ord. No. 09-03, effective 7-02-09, repealed § 54-4 in its entirety. Formerly, said section pertained to depositing substances likely to cause injury while in or adjacent to park. Sec. 54-5. Depositing of offensive substances; committing nuisances. No person shall, in any manner, carry or cause to be carried into the commons, parks or public squares or places of the city any dead carcass, filth or any offensive matter or substance whatsoever; and no person shall commit any nuisance on such commons, parks, public squares or places of the city. (Code 1982, § 20-5) Cross references: Nuisances, § 34-26 et seq. State law references: Maine Litter Control Act, 17 M.R.S.A. § 2261 et seq. Sec. 54-6. Unlawful to be in Kennedy Park during certain hours; exception. It shall be unlawful for any person to be or remain in Kennedy Park in the city between the hours of 1:00 a.m. and 5:00 a.m., unless such person is in lawful employment making it necessary to be in Kennedy Park between 1:00 a.m. and 5:00 a.m. (Code 1982, § 20-6) ---PAGE BREAK--- PARKS AND RECREATION Lewiston Code Chapter 54 CH 54:3 Sec. 54-7. Unlawful to be in the following city parks during certain hours; exception. It shall be unlawful for any person to be or remain in Chasey Park, Franklin Pasture Athletic Complex, Gaslight Park, Judge Armand A. Dufresne, Jr. Plaza, a section of Kennedy Park bounded by Spruce Street, Park Street, and the extension of Chestnut Street to Bates Street, Knox Street Park, Leeds Park, Lewiston Athletic Park, Lincoln Street Boat Launch and Park, Lionel Potvin Park, Marcotte Park, Mayher Park, Multi-Purpose Center playgrounds, Pierce Street Park, Randall Road Softball Complex, Raymond Park, Ricker Park, Simard-Payne Police Memorial Park, Smiley Park, St. Mary's playground (Oxford Street), Sunnyside Park and Veterans Memorial Park in the city between the hours of 9:00 p.m. and 5:00 a.m., unless such person is in lawful employment, participating in a program or activity sponsored or authorized by the city. (Code 1982, § 20-7; Ord. No. 94-11, 10-6-94; Ord. No. 01-8, 7-5-01; Ord. No. 01-16, 10-18-01; Ord. No. 09-03, 7-02-09) Sec. 54-8. Public drinking of alcoholic beverages prohibited. Definitions. As used in this section, the following terms have the following meanings: Liquor means and includes any alcoholic, spirituous, vinous, fermented or other alcoholic beverage or combination of liquors and mixed liquors, intended for human consumption, which contains more than one-half of one percent of alcohol by volume. Open container means not having a cap, stopper or other cover in place. Public park, playground or recreational facility means any of the following city-owned or operated public fields, parks, playgrounds and recreational facilities: Chasey Park; Child’s Park; Couture Park; Farwell School grounds; Franklin Pasture Athletic Complex; Gaslight Park; Holy Family athletic field; Judge Armand A. Dufresne, Jr. Plaza; Kennedy Park; Knox Street Park; Leeds Park; Lewiston Athletic Park; Lewiston Memorial Armory; Lincoln Street Boat Launch and Park; Lionel Potvin Park; ---PAGE BREAK--- PARKS AND RECREATION Lewiston Code Chapter 54 CH 54:4 Longley School grounds; Marcotte Park; Martel School grounds; Mayer Park; McMahon School grounds; Montello School grounds; Multi-Purpose Center grounds; Pettengill School grounds; Pierce Street Park; Randall Road Softball Complex; Raymond Park; Ricker Park; Simard-Payne Police Memorial Park; Smiley Park; St. Mary's playground (Oxford Street); Sunnyside Park; Veterans Memorial Park. Penalty. A person is guilty of public drinking if he drinks liquor while at any public park or playground, unless at specific events authorized by the city council. Evidence. The possession of an open container of liquor at a public park or playground is prima facie evidence of a violation of this section. (Code 1982, § 20-8; Ord. No. 94-11, 10-6-94; Ord. No. 01-8, 7-5-01; Ord. No. 01-16, 10-18-01; Ord. No. 09-01, 3-19-09) Sec. 54-9. Designation of Drug-Free “Safe Zones”. Definitions. As used in this section, the following terms have the following meanings: Drug means any natural or substance or chemical compound recognized as having a pharmaceutical or chemical effect process used in the diagnosis, treatment, or prevention of a disease or other abnormal condition, or as a component of a medication; such a substance as recognized or defined by the US Food and Drug Administration; a substance used recreationally, such as a narcotic or hallucinogen, which affects the central nervous system, causing changes in behavior and often addiction. Dealer means any person(s) illegally engaged in buying, selling and distribution; trafficking or administration the use of a drug. ---PAGE BREAK--- PARKS AND RECREATION Lewiston Code Chapter 54 CH 54:5 Public park, playground or recreational facility means any of the city-owned or operated public fields, parks, playgrounds and recreational facilities frequented by minors.(see listing in Sec.54-8) Penalty. A person found to be engaging in drug dealing activity within 1000 feet of a designated “safe zone” will be made subject to an enhanced penalty as specified by legislation. Evidence. Informational signs posted at a public athletic field, park, playground or recreational facility, being conspicuously marked using wording provided by the Commissioner of Public Safety which designate the area to be a Drug-Free Safe Zone with increased penalties for drug crimes committed within this zone as specified by legislation. (Ord. No. 09-01, 3-19-09) Sec. 54-10. Smoking on athletic fields during certain times and on city playgrounds prohibited. Smoking and all other use of tobacco products will not be permitted on city-owned athletic fields for the period commencing one half-hour prior to and for the duration of any city or school department scheduled or sanctioned activity or event. Smoking and all other use of tobacco products in all city-owned playground areas, to include playgrounds, aquatic areas, skateparks and basketball courts as outlined in Section 14-39 is prohibited. (Ord. No. 09-03, 7-02-09) Sec. 54-11. Penalties A person who violates a section of this chapter (except section 54-9) is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a civil penalty of not less than $25.00 and not more than $100.00. First time violators may have the penalty waived upon proof of receipt of tobacco education materials. The effective date of this section shall be June 2, 2010. (Ord. No. 09-03, 7-02-09)