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§ 13-1 TITLE 5 — PUBLIC WAYS AND PROPERTY § 13-4 Chapter 13 CITY PARKS Sec. 13-1: Purpose Sec. 13-2: Application Sec. 13-3: Definitions Sec. 13-4: Prohibited Activities Sec. 13-5: Agent to be Personally Liable for Noise Ordinance Violations Sec. 13-6: Parks Manager Authorized to Promulgate Regulations Sec. 13-7: Violations; Penalties Sec. 13-1. Purpose. The stated purpose of this ordinance is to provide rules and regulations for the use of and conduct in the parks of the City. Sec. 13-2. Application. This ordinance shall apply to all parks, as herein defined, of the City unless expressly exempted herein. This ordinance is not intended to replace or supersede any Federal Law or any other law or penalty set forth in this Code or in the Idaho Code . Sec. 13-3. Definitions. For the purposes of this ordinance and any regulations promulgated hereunder, the following terms, phrases, words and their derivatives shall have the meanings given in this section. When consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" and "'will" are mandatory, and "may" is permissive. Words not defined in this Section shall have their common and ordinary meaning. A. Agent shall mean a person authorized by an entity to act for or in the place of the entity, which shall be the principal. B. Entity shall mean any form of partnership, firm, business association, corporation, company or organization of any kind. An entity shall have an authorized agent. C. Park shall mean a park, playground, or any other area of the City owned or used by the City and devoted to active or passive recreation. D. Parks Manager shall mean the Manager of Parks and Recreation of the City or his or her duly appointed designee. E. Principal shall mean the entity which has directed the agent to act for the entity's benefit and subject to such entity's direction and control. (Ord. 2021-09, 07/19/2021) Sec. 13-4. Prohibited Activities. The following acts are prohibited in a park: A. To engage in threatening or abusive language or to engage in any disorderly conduct or behavior that would breach the public peace, or that would interfere unreasonably with any person lawfully using the park. B. To possess alcoholic beverages or to be under the influence of any alcoholic beverage while present in a park except in accordance with specific regulations adopted by the Council by resolution or pursuant to a sidewalk café license or as otherwise authorized or permitted by City. C. To discharge any illegal fireworks. D. To throw, discharge or otherwise place or cause to be placed in the waters of any fountains, stream or other body of water, in or adjacent to any park or any tributary stream, storm sewer or drain flowing into such water, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters. E. To dispose of garbage, rubbish or refuse in a park other than garbage, rubbish or refuse generated within such park. Garbage, rubbish or refuse generated within such park shall be deposited in the receptacles so provided. Where receptacles are not provided, all such garbage, rubbish or refuse shall be carried away from the park by any person or entity responsible for its presence and properly disposed of elsewhere. ---PAGE BREAK--- § 13-4 TITLE 5 — PUBLIC WAYS AND PROPERTY § 13-7 F. To attach or implant stakes, posts, rope, cable or other contrivance to any tree, fence, railing, bench or other structure without prior approval. G. To dig or remove, without authorization of the Parks Manager, any soil, rocks, sand, stones, trees, shrubs, plants or other wood or materials or make any excavation whatsoever. H. To use a restroom in an unsanitary manner. I. To drive any motor vehicle on any area except the paved park roads or parking areas or such areas as may be specifically designated as temporary areas, unless authorized by the Parks Manager. J. To kindle, build, maintain or use a fire except in places provided for such purposes. Any fire allowed herein shall be continuously under the care and direction of a competent adult from the time it is kindled until the time it is extinguished. K. To camp or stay overnight anywhere except in designated areas with prior approval of the Parks Manager. L. To set up temporary shelter for any use except pursuant to a valid permit. M. To paste, glue, tack or otherwise post any signs, advertisements or inscriptions whatever, except as may be authorized by the Parks Manager. N. To engage in what has been defined as a "Special Use" by regulation, without a permit or fail to pay fees and deposits if required by the Parks Manager. O. To fail to produce and exhibit any permit upon request of any authorized person who shall desire to inspect the same for any lawful purpose. P. To fail to abide by any such other regulations and requirements promulgated by the Parks Manager as authorized by this ordinance. (Ord. 2010-11, 06/07/2010; 2021-09, 07/19/2021) Sec. 13-5. Agent to be Personally Liable for Noise Ordinance Violations. Any agent of a person or of an entity using parks pursuant to this Ordinance shall be personally liable for any violation of the Moscow City Noise Ordinance (Code Title 10, Chapter 11) resulting from such use. Sec. 13-6. Parks Manager Authorized to Promulgate Regulations. The Parks Manager may, from time to time, promulgate regulations regarding park use not inconsistent with this ordinance. (Ord. 2021-09, 07/19/2021) Sec. 13-7. Violations; Penalties. Any person or entity violating the provisions of this Chapter shall, unless otherwise provided by law, be guilty of a misdemeanor and shall be fined pursuant to this Code and the Idaho Code. (Ord. 95-13, 6/5/95)