City of Albuquerque Park Ordinance

ARTICLE 1: PARKS Section Part 1: General Provisions 10-1-1-1 Definitions 10-1-1-2 Purpose 10-1-1-3 Park property 10-1-1-4 Sanitation 10-1-1-5 Animals prohibited in Civic Plaza/Crossroads Pedestrian Mall during a special event 10-1-1-6 Traffic 10-1-1-7 Recreational activities 10-1-1-8 Merchandising, advertising and signs 10-1-1-9 Dog exercise grounds 10-1-1-10 Park operating policy 10-1-1-99 Penalty Part 2: Metropolitan Parks and Recreation Advisory Board 10-1-2-1 Intent 10-1-2-2 Purpose 10-1-2-3 Composition of the board 10-1-2-4 Powers and duties 10-1-2-5 Conflict of interest Part 3: Park Facilities Design Project Technical Committee 10-1-3-1 Definitions 10-1-3-2 Intent 10-1-3-3 Park facilities design project technical committee Cross-reference: City Forester's duties re parks, see §§ 6-6-1-1 et seq. PART 1: GENERAL PROVISIONS § 10-1-1-1 DEFINITIONS. For the purpose of §§ 10-1-1-1 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANIMAL. Any vertebrate member of the animal kingdom other than humans. CIVIC PLAZA / CROSSROADS PEDESTRIAN MALL. The park more particularly described as the city property within the area bounded on the east by Third Street, on the north by Marquette Avenue, on the west by Fifth Street, and on the south by Tijeras Avenue, and extending along the public walkway on the vacated area of Fourth Street, from Tijeras Avenue south to Central Avenue. MAYOR. The Mayor or his duly designated representative or agent. PARK. Any area of land so designated and maintained by the city as a place of beauty or recreation or both. SPECIAL EVENT. Any privately or publicly sponsored advertised activity at a city park or other facility operated by the Parks and Recreation Department, to which the general public is invited for the purpose of recreation, culture or entertainment, and at which food or beverages may be available. ('74 Code, 11-2-1) (Ord. 150-1971; Am. Ord. 27-1991) § 10-1-1-2 PURPOSE. The purpose of §§ 10-1-1-1 et seq. is to preserve the environmental features of the city, allow more efficient park refuse collection, more effective and unhampered custodial care of the premises, and protect the health and welfare of the citizens of the city. ('74 Code, 11-2-2) (Ord. 150-1971) § 10-1-1-3 PARK PROPERTY. (A) Buildings and Other Property. (1) Disfigure and Removal. No person in a park shall wilfully mark, deface, disfigure, injure, tamper with or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or 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) Removal of Natural Resources. No person in a park shall dig or remove any beach sand, whether submerged or not, or 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. (3) Erection of Structures. No person in a park shall 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 by written permission of the Mayor. (B) Trees, Shrubbery, Lawn. (1) Injury and Removal. No person in a park shall 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 to the detriment of these areas, or in any way injure or impair the natural beauty or usefulness of any area, provided that normal use of grassed areas will not be prohibited. Exception is here made as to any regularly authorized party acting by and under the authority and regulation of the Mayor. (2) Climbing Trees and the like. No person in a park shall climb any tree or walk, stand or sit upon monuments, vases, fountains, railings, fences or gun carriages or upon any other property not designated or customarily used for such purposes. (3) Hitching of Animals. No person in a park shall tie or hitch a horse or other animal to any tree or plant. (C) Wild Animals, Birds and the like. (1) Hunting. No person in a park shall hunt, molest, harm, frighten, 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 animals, or the eggs or nest, or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous, such as rattlesnakes, or other deadly reptiles, may be killed on sight. (2) Feeding. No person in a park shall give or offer, or attempt to give to any animal or bird any tobacco, alcohol or other known noxious or injurious substances. ('74 Code, 11-2-3) (Ord. 150-1971) § 10-1-1-4 SANITATION. No person in a park shall: (A) Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters, any substances, matter or thing, liquid or solid, which will or may result in the pollution of said waters. (B) Dump, deposit, or leave any bottles, broken glass, 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, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all rubbish or waste shall be carried away from the park responsible for its presence, and properly disposed of elsewhere. (C) Have in his possession any glass container except as necessary for the immediate rendering of emergency medical treatment. ('74 Code, 11-2-4) (Ord. 150-1971; Am. Ord. 43-1982, Am. Ord. 65-1982) § 10-1-1-5 ANIMALS PROHIBITED IN CIVIC PLAZA/CROSSROADS PEDESTRIAN MALL DURING A SPECIAL EVENT. (A) No person shall cause or allow any animal to enter onto the Civic Plaza/Crossroads Pedestrian Mall during a special event. (B) This section shall not apply to any service animal which is being used to assist a blind, deaf; or mobility-impaired person, provided that the service animal has adequate identification that it is a service animal, as defined by §§ 9-2-1-1 et seq., Humane and Ethical Animal Rules and Treatment. Further, this section shall not apply to any animal used by the city or its agents, or any animals specifically allowed by the Mayor. ('74 Code, 11-2-5) (Ord. 27-1991) § 10-1-1-6 TRAFFIC. (A) Bicycles. (1) Confined to Roads. No person in a park shall ride a bicycle on other than paved vehicular road or path designated for the purposes. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use. (2) Designated Racks. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available. (B) No person in a park shall operate a motorized vehicle on other than a vehicular road designated for that purpose. (C) State and City Vehicle Laws Apply. No person in a park shall fail to comply with all applicable provisions of the state and city motor vehicle traffic laws. ('74 Code, 11-2-6) (Ord. 150-1971; Am. Ord. 27-1980; Am. Ord. 27-1991) § 10-1-1-7 RECREATIONAL ACTIVITIES. (A) Hunting and Firearms. No person in a park shall carry or possess for the purpose of hunting, trapping or pursuing wildlife at any time, firearms of any description, or air rifles, spring guns, bows and arrows, slings, or any instrument that can be loaded with and fire blanks, cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is prohibited. Exception is here made to law enforcement officers while in performance of their duties. (B) Picnic Areas and Use. (1) Availability. No person in a park shall prevent any person from using any park, or any of its facilities, or interfere with any use already engaged in that is in compliance with §§ 10-1-1-1 et seq. and the rules applicable to such use. (2) Duty of Picnicker. No person in a park shall 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. (3) Horseback Riding. Ride a horse or any other animal except on designated bridle trails. Where permitted, horses or any other animal shall be thoroughly broken and properly restrained, and ridden with due care, and shall not be allowed to graze or go unattended, or be hitched to any rock, tree or shrub. (C) Dangerous Amusements. No person in a park shall: (1) Engage in activities that involve thrown or otherwise propelling objects such as hard balls, stones, arrows, javelins, model airplanes, or other objects likely to inflict injury, except in areas set apart for such forms of recreation. (2) Roller skate except in those areas specifically designated for such pastime. ('74 Code, 11-2-7) (Ord. 150-1971; Am. Ord. 27-1991) § 10-1-1-8 MERCHANDISING, ADVERTISING AND SIGNS. (A) Vending and Peddling. No person in a park shall expose or offer for sale any particle or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale, or 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 Mayor. (B) Advertising. No person in a park shall announce, advertise, or call the public attention in any way to any article or service for sale or hire. Exception is here made to any regularly licensed concessionaire acting by and under the authority and regulation of the Mayor. (C) Signs. No person in a park shall 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 park. Exception is here made as to any authorized party or to any regularly licensed concessionaire acting by and under the authority and regulation of the Mayor. ('74 Code, 11-2-8) (Ord. 150-1971; Am. Ord. 27-1991) § 10-1-1-9 DOG EXERCISE GROUNDS. Any person may exercise dogs with or without leash in Roosevelt Park and in other appropriately located parks designated by the Mayor from 7:00 a.m. to 11:00 a.m., daily from October 1 through March 31, and daily from 6:00 a.m. to 10:00 a.m., except legal holidays and Saturday and Sunday from April 1 through September 30. Such person shall comply with the provisions of § 9-2-4-3, be in full control of and in close proximity to such dogs at all times and be responsible for cleaning up all dog's nuisances as defined in § 9-2-4-3. ('74 Code, 11-2-9) (Ord. 58-1975; Am. Ord. 27-1991; Am. Ord. 14-2004) § 10-1-1-10 PARK OPERATING POLICY. (A) Hours. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The Mayor may designate and may from time to time change the opening and closing hours of any park. If such opening and closing hours are not respectively 6:00 a.m. and 12:00 midnight, they shall be posted within the park for public information. Thereafter the posted hours shall determine when the park is closed to public use. If the Mayor posts no opening and closing hours in a park, that park shall be open to public use from 6:00 a.m. to 12:00 midnight and shall be closed to public use from 12:00 midnight to 6:00 a.m. Any facility in a park, including restrooms, may be closed by the Mayor at any time and for any interval of time, and the Mayor may designate opening and closing hours for such a facility which are different from the opening and closing hours of the park in which the facility is located. No person shall remain in, occupy, or use any park in the city which is closed to public use unless that person has been authorized to be present by the Mayor or unless that person is present to enforce this ordinance or other laws or ordinances or to irrigate park lands or service and maintain facilities. ('74 Code, 11-2-10) (Ord. 150-1971; Am. Ord. 27-1975; Am. Ord. 58-1975; Am. Ord. 27-1991) § 10-1-1-99 PENALTY. Any person who violates any provision of §§ 10-1-1-1 et seq. shall be subject to the general penalty provisions of this code set forth in § 1-1-99. ('74 Code, 11-2-11) (Ord. 150-1971; Am. Ord. 58-1975; Am. Ord. 27-1991) To see the complete ordinace, go to: http://www.amlegal.com/nxt/gateway.dll/New%20Mexico/albuqwin/cityofalbuquerquenewmexicocodeofordinanc?f=templates$fn=default.htm$3.0$vid=amlegal:albuquerque_nm_mc