Athens City Code

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Director means the director of parks and recreation, the person immediately in charge of all park area and its activities, and to whom all park employees in such area are responsible.

Park means all city-owned parks, including any facilities or improvements.

Vehicle means any wheeled conveyance, whether or not motor-powered, animal-drawn, or self-propelled. The term "vehicle" shall include any trailer in tow of any size, kind or description. Exception is made for baby carriages and vehicles in the service of the city parks.

(Code 1972, § 12-701; Code 1995, § 20-301)

1. (1) The city has established a department of parks and recreation. The city manager, or such assistant appointed by him, shall be the head of the department of parks and recreation.
2. (2) It shall be the duty of the head of the department of parks and recreation to oversee, develop, provide, maintain, conduct, and supervise public playgrounds, athletic fields, recreation centers, and other recreational facilities and activities on properties owned or controlled by the city, and on other properties with the consent of the owners or lessors.
3. (3) The department shall have the power to conduct any form of recreation or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner, the aim and purpose to be the advancement of the welfare of the citizens and residents of the city in the area of recreation.

(Code 1972, §§ 1-1201—1-1203; Code 1995, §§ 20-201—20-203; Ord. No. 917, 4-20-2004)

1. (1) All persons are invited to use city parks and their facilities who will comply with the terms of this chapter and such rules and regulations as may be promulgated hereunder governing the use of city parks.
2. (2) City parks will be open to use by the public invited thereto between the hours of 7:00 a.m. and 12:00 midnight unless posted otherwise.

(Code 1972, § 12-702; Code 1995, § 20-302)

It is unlawful and constitutes a civil offense for any person within city parks to:

1. (1) Buildings and other property.
   1. (a) Disfigurement and removal. Willfully mark, default, disfigure, injure, tamper with, or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts of appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
   2. (b) Restrooms and washrooms. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the restrooms and washrooms designated for the opposite sex.
   3. (c) Removal of natural resources. Dig or remove any soil, rock, stones, trees, shrubs or plants, down-timber, or other wood or materials or make any excavation by tool, equipment, blasting or other means or agency.
   4. (d) Erection of structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.
2. (2) Trees, shrubbery, lawns.
   1. (a) Injury and removal. Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant, nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.
   2. (b) Climbing trees, etc. Climb any tree or walk, stand or sit upon monuments, vases, fountains, railing, fences, or upon any other property not designated or customarily used for such purposes.
   3. (c) Hitching of animals. Tie or hitch a horse or other animal to any tree or plant.
3. (3) Wild animals, birds, etc.
   1. (a) Hunting, molesting, etc. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall he remove or have in his possession the young of any wild animal, or the eggs, nest, or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly venomous may be killed on sight.
   2. (b) Feeding. Give or offer, or attempt to give any animal or bird any tobacco, alcohol or other known noxious substances.

(Code 1972, § 12-703; Code 1995, § 20-303)

It is unlawful for any person within city parks to:

1. (1) Pollution of waters. Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters.
2. (2) Refuse and trash. Have brought in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the persons responsible for its presence and properly disposed of elsewhere.

(Code 1972, § 12-704; Code 1995, § 20-304)

It is unlawful for any person within the parks to:

1. (1) State motor vehicle laws and city traffic ordinances apply. Fail to comply with all applicable provisions of the state motor vehicle traffic laws and the traffic ordinances of the city in regard to equipment and operation of vehicles, together with such regulations as are contained in this chapter and other ordinances.
2. (2) Obey personnel; enforcement of traffic regulations. Fail to obey all traffic officers and park employees, such persons being authorized and instructed to direct traffic whenever and wherever needed in the parks.
3. (3) Operation confined to specific areas. Drive any vehicle on any area except the paved park roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas by the director.
4. (4) Parking.
   1. (a) Designated areas. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions thereat and with the instructions of any employee who may be present.
   2. (b) Full-parking. Full-park on the road or driveway at any time.
   3. (c) Night parking. Leave a vehicle standing or parked at night without lights clearly visible for at least 100 feet from both front and rear and on any driveway or road area except legally established parking areas.
   4. (d) Emergency procedure. In the event of an emergency in the nature of a breakdown requiring the assistance of a tow truck, mechanic or other person, fail to immediately notify a park employee or place a note on the disabled vehicle.
   5. (e) Abandonment. Leave a vehicle within the boundaries of the park after park hours unless such vehicle is disabled and is reported by the driver to a park employee. Any vehicle remaining in the park after closing hours, except as is excepted herein, will be towed away and stored at the expense of the owner.
5. (5) Bicycles, motorcycles and all-terrain vehicles.
   1. (a) Confined to roads. Ride a bicycle or motorcycle on other than a paved vehicular road or specifically designated route.
   2. (b) All-terrain vehicle. Ride an all-terrain vehicle in the park.
   3. (c) Operation generally. Ride a bicycle or motorcycle on other than on the right-hand side of the road paving as close as conditions permit; bicycles and motorcycles shall be kept in single file when two or more are operating as a group. Bicyclists and motorcyclists shall, at all times, operate their machines with reasonable regard to the safety of others, signal all turns and follow the recommended passing procedures when overtaking vehicles. No motorcycles shall be operated in the park unless equipped with a properly functioning muffler adequate to suppress motor noise to a comfortable level of sound.
   4. (d) Rider prohibited. Ride with any other person on a bicycle unless properly equipped for such purpose.
   5. (e) Designated racks. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available.
   6. (f) Immobile. Leave a bicycle or motorcycle lying on the ground or paving, or set against trees, or in any place or position where other persons may trip over or be injured by it.
   7. (g) Night operation. Ride a bicycle or motorcycle on any road within the park between 30 minutes after sunset or 30 minutes before sunrise without an attached headlight plainly visible at least 200 feet in front of, and without a red taillight or red reflector plainly visible from at least 100 feet from the rear of, such bicycle or motorcycle.

(Code 1972, § 12-705; Code 1995, § 20-305)

It is unlawful for any person within the city park to:

1. (1) Swimming, etc. Swim, bathe or wade in any waters or waterways in or adjacent to such park unless so designated and clearly marked by signs.
2. (2) Boating. Bring into or operate a privately owned boat, raft or other watercraft, whether motor-powered or not, upon any waters in such park.
3. (3) Hunting and firearms. Hunt, trap or pursue wildlife at any time in violation of the state wildlife resources agency rules and regulations. No person shall carry a weapon on public parks, playgrounds, civic centers and other public recreational buildings and grounds. It is a civil offense for any person to possess or carry, whether openly or concealed, any firearm of any description or air rifles, spring guns, bows and arrows, slings or any other form of weapon potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Events sanctioned by the city for instructional, ceremonial or competitive purposes or for display or sales purposes are excluded from this prohibition. Bonded law enforcement officers retain full authority and are not prohibited by this section.
4. (4) Fishing. Fish without complying with the state fishing regulations as published by the state wildlife resources agency and any local rules or guidelines.
5. (5) Picnic areas.
   1. (a) Generally. Picnic or lunch in a place other than those designated for that purpose. Park employees shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
   2. (b) Availability. Violate the regulation that use of the individual fireplaces/grills together with tables and benches follows generally the rule of "first come, first served."
   3. (c) Nonexclusive. Use any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded.
   4. (d) Duty of picnicker. Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
6. (6) Camping. Except as specifically set out below, set up tents, shacks or any other temporary shelter for the purpose of overnight camping, or leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as house-trailer, camp-trailer, camp-wagon or the like. Overnight pup tent camping by organized groups sponsored by recognized youth development agencies is permissible by special permit of the director obtained in accordance with ACC 21-30(c).
7. (7) Games. Take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes, except in areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball and quoits is prohibited, except on the fields and courts or areas provided therefor.

(Code 1972, § 12-706; Code 1995, § 20-306; Ord. No. 883, 10-16-2001)

It is unlawful for any person within the city park to:

1. (1) Domestic animals. Fail to restrain any dog in those areas where such an animal is permitted; all dogs shall be restrained at all times on adequate leashes not greater than five feet in length. Horseback riding is permitted only in areas so designated by signs or by written permission of the director.
2. (2) Reservation of facilities. Occupy any seat or bench or enter into or loiter or remain in any pavilion or other park structure or section thereof (example: restrooms) which may be reserved and designated by the director for the use of the opposite sex. Exception is made for children under six years of age.
3. (3) Alms. Solicit alms or contributions for any purpose, whether public or private.
4. (4) Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the director and approved on a case-by-case situation basis by the fire chief and director.
5. (5) Closed areas. Enter an area posted as "Closed to the Public," or use or abet the use of any area in violation of posted notices.
6. (6) Going onto ice. Go onto the ice on any of the waters, except such areas as are designated as skating fields, provided a safety signal is displayed.
7. (7) Exhibit permits. Fail to produce and exhibit any permit from the director upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with an ordinance or rule.
8. (8) Interference with permittees. Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
9. (9) Intoxicating beverages. Possess controlled substances and/or alcoholic beverages, wine, and/or beer at any time. This prohibition shall not apply to a licensed caterer selling any alcoholic beverage, wine, and/or beer at the Athens Regional Park conference center or to persons who have purchased any alcoholic beverage, wine, and/or beer from a caterer selling such alcoholic beverage, wine, and/or beer for consumption at the conference center or other designated area adjoining the conference center and the possession occurs at the conference center or other designated area adjoining the conference center.

(Code 1972, § 12-707; Code 1995, § 20-307; Ord. No. 780, 8-17-1993; Ord. No. 890, 1-15-2002)

No person in a city park shall:

1. (1) Vending and peddling. Expose or offer for sale any article, thing or service, nor shall he station or place any stand, cart or vehicle for the transportation, sale of display of any such article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the director and those conducting activities under a permit where such permit permits the sale of articles or things. The exception under the permit shall only be granted to those activities which are charitable in purpose.
2. (2) Advertising. Announce, advertise or call the public attention in any way to any article or service for sale or hire without written permission from the director.
3. (3) Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a city park unless approved by the director.

(Code 1972, § 12-708; Code 1995, § 20-308)

1. (1) Closed areas. Any section or part of a city park 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.
2. (2) Lost and found articles. The finding of lost articles by park employees shall be reported to the director, who shall make every reasonable effort to locate the owners. The director shall make every reasonable effort to find articles reported as lost.
3. (3) Permit. A permit shall be obtained from the director before participating in the following park activities: sale of merchandise or services by a permittee for a charitable purpose; special events.
   1. (a) Application. A person seeking issuance of a permit hereunder shall file an application with the appropriate director. The application shall state:
      1. (i) The name and address of the applicant;
      2. (ii) The name and address of the person, corporation or association sponsoring the activity, if any;
      3. (iii) The day and hours for which the permit is desired;
      4. (iv) The park or portion thereof for which such permit is desired;
      5. (v) An estimate of the anticipated attendance; and
      6. (vi) Any other information which the director shall find reasonably necessary to make a fair determination as to whether a permit should issue hereunder.
   2. (b) Standards for issuance. The director shall issue a permit hereunder when he finds:
      1. (i) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;
      2. (ii) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
      3. (iii) That the proposed activity or use is not unreasonably anticipated to incite violence, crime or disorderly conduct;
      4. (iv) That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the city; and
      5. (v) The facilities desired have not been reserved for other use at the day and hour required in the application.
   3. (c) Appeal. Within five working 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 two days to the city manager, who shall consider the application under the standards set forth in subsection (c)(2) of this section and sustain or overrule the director's decision within 24 hours. The decision of the city manager shall be final.
   4. (d) Effect of permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in the permits.
   5. (e) 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 and shall provide certificate of insurance upon request.
   6. (f) 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.

(Code 1972, § 12-709; Code 1995, § 20-309)

1. (1) Officials. The director, park employees, and members of the city police department shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
2. (2) Ejectment. The director, any park employees, and members of the city police department shall have the authority to eject from the parks any person acting in violation of this chapter or rules and regulations promulgated hereunder.

(Code 1972, § 12-710; Code 1995, § 20-310; Ord. No. 890, 1-15-2002)

The director shall have the authority to promulgate such rules and regulations as may be necessary to carry out the provisions of this chapter and to ensure an impartial, fair and safe use and enjoyment of city parks by those persons lawfully using the parks. The director shall have the authority to schedule the use of tennis courts and ball fields under this section. Regulations pertaining to specific activities shall be displayed in a prominent and public location at the point of the activity controlled. Rules and regulations pertaining to the parks as a whole shall be publicly and prominently displayed at each entrance to city parks. Rules and regulations adopted in accordance with this section shall have the same force and effect as if copied herein verbatim.

(Code 1972, § 12-711; Code 1995, § 20-311)

All persons using the parks will do so at their own risk. The city will not be liable for any injuries or damages sustained by persons using the parks.

(Code 1972, § 12-712; Code 1995, § 20-312)