The following regulations shall apply to any person using a city park, including but not limited to any person or persons granted a park use permit or reservation unless specific modifications are made a part of the permit or reservation agreement:
A. No person shall build or maintain a fire except in a campstove or a fireplace provided, maintained or designated for that purpose; except that gasoline, alcohol or oil campstoves may be used in established campsites or picnic areas where other stoves are provided.
B. No fire shall be left unattended. All fires shall be extinguished by the users before leaving the park.
C. No person shall erect any sign, marker or inscription of any type.
D. No person shall sell any goods or services.
E. No vehicle shall be driven or parked except in areas designated for driving or parking. The term “vehicle” shall include motorized and nonmotorized vehicles but shall exclude wheelchairs and bicycles.
F. No vehicle may be operated in a manner that would recklessly endanger any person, animal or property within the boundaries of the park.
G. No person may conduct themselves in such a manner so as to recklessly endanger any person, animal or property within the boundaries of the park.
H. No person will be allowed in the park if they are visibly intoxicated.
I. No equipment, material or apparatus used in conjunction with the production of any show, festival, or activity of any kind, may be brought into the park more than two days prior to that activity, without express permission of the city and payment of a fee therefore as set by resolution of the city council. No equipment, material or apparatus used in conjunction with the production of any show, festival or activity of any kind, may remain in the park more than two days following the conclusion of that activity, without express permission of the city and payment of a fee therefore as set by resolution of the city council. All equipment, material or apparatus used in conjunction with the production of any show, festival or activity of any kind within the park in violation of this section shall, without further notice to any owner or applicant, be forfeited and will become the property of the city, which shall keep or dispose of the property in its sole discretion.
J. All maintenance and construction projects of any type must be approved and scheduled with the city no less than thirty (30) calendar days prior to the commencement of such activities.
K. All equipment, including but not limited to, tools, machinery, and electrical devices operated within the park boundaries or related to any use or enjoyment of the park, must conform to all city, county and state regulations governing the operation and maintenance of said equipment.
L. No person shall operate or use any noise producing machine, vehicle, instrument or device in such a manner that is not in accordance with the noise levels provided by this code.
M. Any approved park event involving amplified sound equipments shall not exceed the following park noise regulation standards:
1. The noise level of any park event shall not exceed eighty (80) DBA at any time, nor exceed, on average, seventy-five (75) DBA as measured by the “A” weighted scale, fast response, programmed for thirty (30) second average readings. Any performance or activity in which noise levels exceed the seventy-five (75) DBA average six times within any sixty (60) minute period shall subject the permit holder to a one thousand dollar ($1,000.00) fine each occurrence.
2. Noise level monitoring shall be performed by a qualified third party which may be retained by, but is not an employee of the applicant or of any promoter or performer responsible for meeting these regulations. Measurements required by this section shall be measured from the nearest residence to the park on Lake Shore Drive and Rivermill Road. At all times a report of field sound measurements must be maintained and provided upon request to the city which documents the location, time, recording level, and recording conditions of all measurements, and shall include the time and source of any complaints concerning noise levels. The person or persons required to monitor noise levels shall, at a minimum, record such compliance from and be in radio contact with, the sound board or the location which otherwise controls the noise within the park grounds. Compliance with park noise regulations, including the cost of monitoring and compliance, and notification to artists or performers subject to these noise regulations, shall be the sole responsibility of the applicant.
3. The standards set forth in this subsection may not be exceeded, but noise levels may be further reduced if the city or its designated representative determines that such reduction is reasonably necessary in response to audience complaints, complaints by adjacent neighbors, or by the failure of the park applicant or its representatives to comply with noise regulation standards. (Ord. 2000-17 §§ 1, 2; editorially amended during 2000 codification; Ord. 2000-6 § 2; prior code § 1.619)