PARKS

(Entire ordinance revised effective April 1, 2005, Ordinance 2005-4)

Chapters:

14.01: General Provisions

14.02: Park and Recreation Board

14.03: Use of the Fairgrounds

14.04: Authority of Chief of Police to Limit Motor Vehicles in Parks

14.05: Urban Forestry Board

14.06: Rules and Regulations

14.07: Appeal Process

Chapter 14.01

GENERAL PROVISIONS

SECTIONS:

14.01.01: Scope and Purpose

14.01.02: Definitions

14.01.03: Penalty

14.01.01: SCOPE AND PURPOSE

The purpose of this Title is to set forth those regulations necessary for the administration, maintenance, management and operation of the City Parks and Recreation Areas.

14.01.02: DEFINITIONS

MOTOR VEHICLE: Any automobile, motor truck, motorcycle, house trailer, trailer, moped and any vehicle propelled by power other than muscular.

PARK TREES: Any trees, shrubs, bushes, and all other woody vegetation in any public park or in any area owned by the City, subject to the sight distance requirements herein after set forth.

PEST: Any organism, insect, rodent, fungus, virus, bacteria, or other agent that causes damage, abnormal growth, or mortality of any shrub, bush or other woody vegetation.

PROPERTY LINE: The property as platted.

PUBLIC RIGHT-OF-WAY: The entire area between property boundaries which is: owned by a government, dedicated to public use, or designated as an easement for public use; primarily used for pedestrian or vehicular travel; and publicly maintained, in whole or in part, for such use. "Right-of-Way" includes without limitation the public street, shoulder, gutter, curb, sidewalk, sidewalk area, parking or parking strip, and any other public way.

STREET TREES: Any trees, shrubs, bushes, and all other woody vegetation on land lying between property lines and back of curb on either side of all streets, avenues, or ways within the City.

TOPPING: The severe cutting back of limbs to stubs larger than six (6) inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.

URBAN FORESTER: Urban Forester employed by the City.

14.01.03: PENALTY

Any violation of the provisions of this Title is a Class 2 misdemeanor punishable by the maximum punishment set forth by the laws of the state of South Dakota pursuant to SDCL 22-6-2. Said punishment may also include payment of any costs and/or restitution authorized by this Title and/or state law.

SECTIONS:

14.02.01: Park and Recreation Board Established

14.02.02: Members, Appointment, Compensation, Bond

14.02.03: President, Vice President, Secretary

14.02.04: Meetings

14.02.05: Powers and Duties

14.02.06: Under Authority of Common Council

14.02.07: Duties of the President

14.02.08: City Council may Prescribe Rules

14.02.09: City Council may Close Parks and Recreation Areas

14.02.10: Illegal to Enter Closed Park

14.02.01: PARK AND RECREATION BOARD ESTABLISHED

There is hereby created for the City, a Park and Recreation Board consisting of five (5) members, one of whom shall be either the Mayor or a member of the City Council.

14.02.02: MEMBERS, APPOINTMENT, COMPENSATION, BOND

All members of the Park and Recreation Board shall be appointed by the Mayor and confirmed by the City Council. The term of each of the appointed members shall be for three (3) years. Thereafter, appointment of each member shall be for terms of three (3) years so that there will be an overlapping of tenure. The members of the Park and Recreation Board are to serve without compensation. Each member of the Board before entering upon his official duties shall give bond to the City in the amount of a least $500.00 for the faithful performance of his duties and shall take and file in the Finance Office the usual oath of office required from such appointive officers of the City. The City shall pay the cost of the bond so furnished.

14.02.03: PRESIDENT, VICE PRESIDENT, SECRETARY

The Board shall elect from its number a President, Vice President, each of whom shall serve for a term of one (1) year or until a successor is elected and qualified, except and unless the said officer so elected is removed from the Park and Recreation Board before the end of his or her term. The Board shall also designate a Secretary. Said Secretary does not need to be a member of the Board.

The Vice President shall act in the absence or disability of the President.

In the event of death, retirement or removal of an officer from the Park and Recreation Board, a successor shall be elected immediately.

The Secretary of the Board shall keep a record of its proceedings to be made available to any member of the City Council at any reasonable time.

14.02.04: MEETINGS

The Park and Recreation Board shall determine the time of its regular meetings and the number, and the board may hold as many special meetings as it deems proper.

Three (3) members shall constitute a quorum for the transaction of business, but an affirmative vote of at least three (3) members shall be necessary to authorize any action of the Board. All officers of the Park and Recreation Board shall vote on all matters along with other members of the Board.

14.02.05: POWERS AND DUTIES

The Park and Recreation Board shall have all the combined powers and duties that a Park and Recreation Board would have separately as provided by the Statutes of the State of South Dakota, and acts amendatory thereto.

14.02.06: UNDER AUTHORITY OF CITY COUNCIL

The Park and Recreation Board shall be under the control and supervision of the City Council and any City funds to be expended for the management, supervision and improvement of the City parks and recreation areas shall be spent only upon the recommendation of the Park and Recreation Board and approval of the City Council. All vouchers submitted for expenditures for the management, supervision and improvement of the City parks and recreation areas shall first be approved by the Park and Recreation Board at a regular or special meeting and then marked approved by the Secretary of the Park and Recreation Board and then submitted to the City Council for its approval or rejection.

14.02.07: DUTIES OF THE PRESIDENT AND THE BOARD

It shall be the duty of the President of the Park and Recreation Board to preside at all meetings of the Park and Recreation Board. It shall be the duty of the Board to report to the City Council, upon request, advising the Council of all actions taken by the Park and Recreation Board. Each year, the Board shall present to the City, a budget for the recommended and estimated expenditures for the operation and improvement of the City's park and recreation system for the following calendar year.

14.02.08: CITY COUNCIL MAY PRESCRIBE RULES

The City Council may from time to time prescribe any rules, regulations, and responsibilities of the said Park and Recreation Board either by amendment to this Title or by resolution.

14.02.09: CITY COUNCIL MAY CLOSE PARKS AND RECREATION AREAS

The City Council, at its discretion may, from time to time, close any or all of the park and recreation areas in the City to any use or activity whatsoever and prohibit any persons except those authorized by the Chief of Police of the City to enter the park or recreation area. In the event that the City Council desires to close any park or recreation area, it shall pass a resolution specifying the park or recreation area being closed and the times it shall be closed.

14.02.10: ILLEGAL TO ENTER CLOSED PARK

No person shall enter any park or recreation area that has been closed by the City Council as authorized by this Chapter.

Chapter 14.03
USE OF THE FAIRGROUNDS

SECTIONS:

14.03.01: Lease Agreement and Liability Waiver Required

14.03.02: Fees

14.03.03: Tickets

14.03.04: Bond and Insurance–Generally

14.03.05: Surety Bond

14.03.06: Liability Insurance

14.03.07: Use of Funds

14.03.08: Sturgis Half-Mile Committee Created

14.03.09: Committee Make-up

14.03.10: Responsibility and Authority

14.03.11: Coordination with other City Departments

14.03.01: LEASE AGREEMENT AND LIABILITY WAIVER REQUIRED

No person may use the Fairgrounds of the City, or any other City owned property designated by the City Council to fall under the provisions of this Chapter, for any purpose whatsoever, without first signing a Lease Agreement and/or a Liability Waiver and Release From Liability, as the City deems necessary based upon the anticipated use.

In the event the fairgrounds or any other City owned property designated by the City Council to fall under the provisions of this Chapter, are being used for an event, said person shall also agree that all event participants shall sign waivers provided by the City.

In the event said person is using the fairgrounds or any other City owned property designated by the City Council to fall under the provisions of this Chapter, for practice of an activity, but not an event, said person shall sign the Liability Waiver and Release From Liability.

The Lease Agreement and Liability Waiver and Release From Liability may be requested from the Parks Director or Finance Officer.

14.03.02: FEE

No person shall be entitled to use the Fairgrounds or any other City owned property designated by the City Council to fall under the provisions of this Chapter, without either paying a fee set by the City or by making arrangements with the City for use of the property by contribution of labor and/or materials in lieu of a fee. Unless otherwise agreed by the City and the applicant/lessee, the fee to be paid for the use of the Fairgrounds shall be a sum equal to ten percent (10%) of the gross receipts derived from the sale of all admittance and grandstand tickets, less the amount of any sales tax or other direct consumer tax if required by any State law. In lieu of payment of said fee, the person may be allowed to contribute labor and/or materials for the improvement of the Fairgrounds. The amount of labor and/or materials shall be determined and approved by the City prior to the date of the commencement of the event.

14.03.03: TICKETS

All tickets for admittance to those events held at the fairgrounds or any other City owned property designated by the City Council to fall under the provisions of this Chapter, for which there is a charge, including, but not limited to, charges for admittance or additional charges for grandstand seats, shall be obtained form the Finance Officer. Within fifteen (15) days form the completion of the event, an accounting of all tickets shall be made to the City and the permit fee shall be paid within said fifteen (15) day time period. In the event that labor and/or materials are contributed in lieu of cash, then the contribution of labor and/or materials shall be made at the times and in a manner specified in the permit for use.

14.03.04: DEPOSIT REQUIRED

The City may require as a condition for the use of the Fairgrounds, or any other City owned property designated by the City Council to fall under the provisions of this Chapter payment of a deposit in the sum of One Thousand Dollars ($1000.00).

The deposit shall be returned to the applicant/lessee within ten (10) days after the end of the lease term set forth in the Lease Agreement, provided that the applicant/lessee has cleaned the premises within forty-eight (48) hours after the end of the lease term, and left the premises in the same condition as it existed at the commencement of the lease term.

In the event, any damage has occurred to the premises during the term of the lease, whether said damage was caused by applicant/lessee or a guest or invitee; the City shall deduct the cost of any damage from the deposit. The balance, if any, shall be returned to the applicant/lessee.

14.03.05: LIABILITY WAIVER AND RELEASE FROM LIABILITY

The Liability Waiver and Release from Liability required by the City to be signed by all persons using the fairgrounds or any other City owned property designated by the City Council to fall under the provisions of this Chapter, and all event participants shall include, at a minimum the following provisions which shall apply to all event participants and his/her/its heirs and/or assigns.

1. Any person signing said document will immediately upon entering the premises inspect the area and agree that if at any time he/she feels that anything on the premises is unsafe, he/she will immediately advise the Parks Director and will leave the area until the condition is remedied.
2. Any person signing said document waives, discharges, and covenants not to sue the City or any department thereof or any lessees of the Sturgis Fairgrounds and its directors, officers, agents and employees (RELEASEES), from all liability, for any and all loss or damage and any claim or demands therefore on account of injury to the person or property or resulting in death of the person signing arising out of or related to the use of the designated properties, whether caused by the negligence of the RELEASEES or otherwise.
3. Any person signing the document agrees to indemnify and save and hold harmless the RELEASEES from any loss, liability, damage, or costs they have incurred arising out of or related to the use of said property whether caused by the negligence of the RELEASEES or otherwise.
4. Any person signing the document assumes full responsibility for any risk of bodily injury, death or property damage arising out of or related to the use of the designated properties whether caused by the negligence of the RELEASEES or otherwise.
5. Any person signing the document agrees that the document, extends to all acts of negligence by the RELEASEES, including negligent rescue operations and is intended to be as broad and inclusive as is permitted by the laws of the State of South Dakota in which the event(s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

14.03.06: LIABILITY INSURANCE

Any applicant/lessee shall be required to purchase liability insurance, which shall cover all operations and activities held on the leased premises during the term of the lease. The liability insurance policy shall be with a reputable insurance company licensed to do business in the State of South Dakota. Said policy shall be in the minimum amount of Fifty Thousand Dollars ($50,000.00) property damage, Five Hundred Thousand Dollars ($500,000.00) personal injury per person, with an aggregate of at least One Million Dollars ($1,000,000.00), or a combined single limit of One Million Dollars ($1,000,000.00). The City shall be named as additional insured on said policy. Said policy on insurance shall be provided to the City at least three (3) days before the beginning of the lease term and must be approved by the City and the City Attorney.

14.03.07: USE OF FUNDS

All monies derived from lease agreements pursuant to this chapter shall be used solely for the maintenance, repair and construction of improvements upon the Fairgrounds, or other properties from which the monies were derived, and for no other purpose. A separate accounting of all receipts and disbursements shall be maintained by proper City officials.

14.03.08: STURGIS HALF-MILE COMMITTEE CREATED

The Sturgis Half-Mile Committee shall be appointed by the Mayor. At least three (3) members shall be individuals who are knowledgeable about motorcycle racing. Each appointment shall be for a one (1) year period and members shall be appointed by the Mayor annually at the time the other City committees are appointed.

14.03.09: COMMITTEE MAKE-UP

The committee shall consist of no more than ten (10) members, three (3) of whom shall be knowledgeable as to motorcycle racing.

14.03.10: RESPONSIBILITY AND AUTHORITY

The committee subject to the final approval of the City Council, shall have the following responsibility and authority:

1. To contract with individuals for the purpose of sponsoring and operating half-mile motorcycle racing at the Fairgrounds;
2. To contract with individuals for the purpose of providing security and advertising for half-mile motorcycle racing events;
3. To insure that the City’s interests are protected and to arrange for the City to be named as an additional insured on any liability policies relating to the fairgrounds facility for racing;
4. To arrange for the use of City equipment and the employment of City personnel if necessary for race track preparation and maintenance;
5. To contract with individuals for the use of equipment, preparation and maintenance of the racetrack and related facilities;
6. To arrange for food and beverage concessions for race events;
7. To insure that sanitation facilities are adequate in the pit and spectator areas; and
8. To coordinate sponsorships with the City Rally Department and City Council.

14.03.11: COORDINATION WITH OTHER CITY DEPARTMENTS

The committee shall coordinate preparation and maintenance efforts with the relevant City Department Heads.

CHAPTER 14.04

AUTHORITY OF CHIEF OF POLICE TO LIMIT

MOTOR VEHICLES IN PARK AND RECREATION AREAS

SECTIONS:

14.04.01: Power and Authority

14.04.02: Sturgis Bike Path

14.04.03: Bear Butte Creek

14.04.04: Exemptions

14.04.05: Racing and Competitive Competition Prohibited

14.04.01: POWER AND AUTHORITY

The Chief of Police shall have the power and authority, when deemed necessary for public health and safety, to determine the types and numbers of motorized vehicles allowed in the parks and recreations area of the City at any time. In the event the Chief of Police deems it necessary to limit the number and/or type of motorized vehicles in any park or recreation area in the City, he shall cause to be posted at the entrance to the park or recreation area affected by the restriction, a sign providing for the types of vehicles allowed and the period of time for which the restriction is imposed.

14.04.02: STURGIS BIKE PATH

No person shall operate any motor vehicles upon the Sturgis Bike Path.

14.04.03: Bear Butte Creek

No person shall operate any motor vehicle within the confines of the Bear Butte Creek.

14.04.04: EXEMPTIONS

The following shall be exempt from Sections 14.04.02 and 14.04.03

1. City maintenance vehicles.
2. City Police vehicles.
3. Any handicapped person operating any device that is designed specifically for individual handicap mobility.

14.04.05: RACING AND OTHER COMPETITION PROHIBITED

No person shall engage in racing or other competitive events with bicycles or other off road vehicles in the Bear Butte Creek area or upon the trail system maintained by the City or anywhere within the City when such action will interfere with the safe usage of bicycle and pedestrian trail systems maintained by the City.

CHAPTER 14.05

URBAN FORESTRY BOARD AND TREES

SECTIONS:

14.05.01: Creation of Board and Statement of Purpose

14.05.02: Urban Forestry Board Established

14.05.03: Street Trees

14.05.04: Trees on Public Property

14.05.05: Trees on Private Property

14.05.06: Storage of Wood

14.05.07: Interference with City Parks Department

14.05.01: CREATION OF BOARD AND STATEMENT OF PURPOSE

The City hereby finds and determines that in order to protect existing neighborhoods, promote good design in new areas, and provide for sensitive and compatible development in existing commercial areas, the Urban Forestry Board shall be created to review and make recommendations on City tree plans and developed, created, or approved by the City Park and Recreation Board. The purpose and intent for regulating the planting, removal, and maintenance of trees, brushes, shrubs, and other woody vegetation, on public and private property are threefold:

1. To protect and increase property rights and values;
2. To enhance and conserve the City's aesthetic environment and physical characteristics of the land.
3. To generally protect and enhance the quality of life and general welfare of the City.

14.05.02: URBAN FORESTRY BOARD ESTABLISHED

There is hereby created and established an Urban Forestry Board, which shall consist of five (5) persons. The City Park and Recreation Board shall be the Urban Forestry Board. Any person appointed to the City Park and Recreation Board shall automatically be a member of the Urban Forestry Board for the term of his or her membership on the City Park and Recreation Board.

It shall be the responsibility of the Board to review and make recommendations on the City tree plan.

The Board shall consider, investigate and make findings, reports and recommendations upon any special matter or question coming within the scope of its work.

14.05.03: STREET TREES

No street trees shall be planted unless and until the Urban Forestry Board has first approved the kind, size, variety and location thereof, and granted a permit therefore. The permit shall be Five Dollars ($5.00) and shall be obtained from the Parks Director.

It is unlawful for any person to top any street tree or other tree on public property. Trees severely damaged by storms or other causes, or trees under utility wires or other obstructions where other pruning practices are impractical may be topped only with the approval of the Urban Forestry Board.

All stumps of street and park trees shall be cut below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

14.05.04: TREES ON PUBLIC PROPERTY

The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within public right-of-way and on public grounds, as it may determine.

Any living tree within the public right-of-way and on public grounds shall not be removed without permission from the Urban Forester.

The minimum height of branches extending over the sidewalks in the City shall be seven (7) feet.

The minimum height for branches extending over the public right-of-way shall be fourteen (14) feet.

The City Parks Department may remove or cause or order to be removed, any tree or part thereof which is in unsafe condition or which by reason of its nature is injurious to private property, sewers, electric power lines, gas lines, water lines or other public improvements, or is infested with any pest. This Section shall not prohibit the planting of street trees by owners of adjacent property provided that the selection and location of said tree is made in accordance with this ordinance.

14.05.05: TREES ON PRIVATE PROPERTY

The City shall have the right to inspect and cause the removal of any dead or diseased trees on private property within the City if such trees constitute a hazard to life or property or harbor pests, which constitute a threat to other trees within the City. The City shall notify the owners of such trees, in writing, to remove such trees within such reasonable time as shall be determined by the Urban Forester. Removal shall be made by said owners at their own expense. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal to the owners or to assess the costs thereof against the property.

Any person claiming an interest in any tree ordered to be removed under the preceding paragraph may appeal such order to the Urban Forestry Board within seven (7) days of the date of the order.

14.05.06: STORAGE OF WOOD

No person shall store or permit the accumulation of any elm wood in the City. No person shall store any tree or part thereof declared to harbor or contain any pest infestation unless the bark is removed prior to storage.

14.05.07: INTERFERENCE WITH CITY PARKS DEPARTMENT

It shall be unlawful for any person to prevent, delay, or interfere with the City Parks Department or any if its agents engaged in the planting, cultivating, mulching, pruning, spraying, inspecting, or removing of any street trees, park trees or trees on private grounds, as authorized in this Chapter.

Chapter 14.06

RULES AND REGULATIONS

SECTIONS:

14.06.01: Hours

14.06.02: Deposit Required for Use of Shelters

14.06.03: Pets and Animals

14.06.04: Fireworks Prohibited

14.06.05: Wildlife and Vegetation

14.06.06: Metal Detectors

14.06.07: Authority of City Park and Recreation Board to Regulate

14.06.01: HOURS

The City Parks shall be open to the public from 6:00 a.m. to 10:00 p.m. each day.

14.06.02: DEPOSIT REQUIRED FOR USE OF SHELTERS

Any person desiring to use any shelter located in any City Park and Recreation Area shall pay a deposit of twenty dollars ($20.00) to secure clean up of the shelter and return of the key. The deposit shall be paid to the Finance Office and shall be returned to the person having paid said deposit upon return of the key and proper clean up of the Shelter.