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2015-34ORDINANCE NO. 2015-34 AN ORDINANCE ADOPTING REVISED RULES AND REGULATIONS PERTAINING TO PARKS AND OTHER OPEN SPACE FACILITIES OWNED AND OPERATED BY THE CITY OF FAIRFAX, VIRGINIA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, VIRGINIA (hereinafter referred to as "CITY") that the Park Rules in the form attached to this Ordinance are hereby approved and adopted. This ordinance shall become effective as provided by law. INTRODUCED: September 29, 2015 PUBLIC HEARING: October 13, 2015 ADOPTED: October 13, 2015 ( 4 Mayor Date ATTEST: Votes Councilman DeMarco Aye Councilman Greenfield Aye Councilmember Loftus Aye Councilman Meyer Aye Councilmember Miller Absent Councilmember Schmidt Aye CITY OF FAIRFAX PARKS AND RECREATION PARKS RULES Introduction The City of Fairfax is fortunate to have 279 acres in public parklands and over 21 miles of trails for the enjoyment of all. The day-to-day responsibility for having beautiful parks that provide "Amazing Experiences" for individuals and groups that visit them is not only the City's and the Parks and Recreation Department's responsibility, but each person's responsibility. We encourage all of our patrons to always be considerate of other people and to be careful to protect the natural environment and recreation facilities. In order to assist citizens in maintaining a safe and beautiful park system, the City Council has established the following rules. Parks Definition Parks are defined as designated maintained by the City. Parks specific property site boundaries courts, playgrounds, skate parks, spraypad, etc. When used herein above. §1.01 Park Hours parks and open space properties owned and include all facilities and amenities within the to include but not limited to, athletic fields, trails, open areas, pavilions, site equipment, the term "Parks" shall mean any or all of the All parks, with the exception of Old Town Square, are open from sunrise to sunset unless authorized as a condition of a special use permit as approved by the City Manager or his/her designee. Old Town Square is open at all hours unless otherwise restricted by the City. §1.02 General Parks and Facility Rules These rules shall govern all parks, open space and all facilities and amenities within the specific property site boundaries. 1. Activities conducted by Parks users must be orderly and lawful, and not of a nature to incite others to disorder. 2. No person shall fail or refuse to obey any lawful order of an authorized City employee or representative. 3. Persons shall comply with all officially posted signs. 4. Persons entering or remaining on Park property when the Park is closed shall be considered trespassing. 5. No person shall illegally gamble in a Park. 6. The possession, use or discharge or any fireworks, firecrackers or explosive of any kind by any person in any Park is prohibited. Page 1 of 9 General Parks and Facility Rules Continued: 7. No person shall abuse, deface, damage or remove any City property. 8. No person shall use abusive, threatening or profane language in a Park. 9. All litter and garbage must be placed in proper trash or recycling receptacles or if such receptacles are full, Park patrons are responsible for removing all items to a proper trash or recycling receptacle. No litter or garbage shall be deposited in Park except in proper trash or recycling receptacles. 10. No person shall camp in any manner in a Park without advance written City permission. 11.All devices that produce sound must be in accordance with Section 38-1 or the Fairfax City Code and as otherwise provided by law 12.The use, consumption, or possession of alcoholic beverages is prohibited in all Parks, with the exception of Old Town Square, when the proper permits have been procured from the City and the Alcoholic Beverage Control Board and fees have been paid. 13. Begging or soliciting Park users for money, food or other things are prohibited. 14. Urinating or defecating on any Park property except in open permanent or portable bathroom structures is prohibited. 15. The City is not responsible for any property that is damaged, destroyed or lost. 16. All unattended property is presumed to be abandoned and may be removed and/or destroyed by the City. 17. Archery and golfing is prohibited. 18. Policies may be established by the City to regulate play and specific use of Parks. §1.03 Athletic Facilities Athletic Facilities are defined as all courts, ball diamonds, rectangular fields, skate parks, and sand volleyball courts owned and/or operated by the City 1. Use is restricted to areas and times assigned in the approved permit. 2. All organized play requires a permit issued by the City. a. Organized play is defined as play by teams which are part of a youth group or team approved by the City. b. Organized league play in any park is prohibited unless authorized by the City. 3. Scheduling priority and criteria will be determined by the City. 4. No seasonal and/or permanent signs, banners, pennants or the like may be placed in or on facilities, structures or property without the written consent of the City. 5. Hitting, throwing, or kicking balls into fences is prohibited. 6. Play on natural turf fields is prohibited during wet or inclement conditions. 7. Climbing on buildings, backstops, dugouts, fences, goals, pavilions or any other Park structure not intended for play is prohibited. 8. Field closures shall be at the discretion of the City. Page 2 of 9 Athletic Facilities Continued: 9. For patron safety, only coaches, game officials and players are allowed on playing fields. All others shall stay 15 feet from playing field. 10. Synthetic Turf Fields a. Smoking on or within 10 feet of any synthetic turf field is prohibited. b. Metal cleats or any item that may puncture the synthetic turf is prohibited. c. Fireworks on any synthetic turf fields are prohibited. d. Fires or grills on or within 10 feet of any synthetic turf field, is prohibited. e. Unauthorized vehicles on synthetic turf fields are prohibited. 11. Failure to abide by limitations of use or sanctioning policies will forfeit the group's opportunity to use the field or facility or to be scheduled for use in the future. §1.04 Basketball Courts 1. Climbing or hanging on equipment, nets or rims are prohibited. 2. Courts are available on a first -come -first -serve basis, unless otherwise posted by the City. §1.05 Pavilions 1. Groups or individuals may reserve shelter facilities through the City. Groups or individuals receiving authorization will be issued an official permit. The permit must be in available for inspection when using the facility. 2. Unless an official permit is presented by a group or individual, shelter facilities are available on a first -come -first-served basis. 3. Permits for Pavilions are for the Pavilion only. 4. Pavilion permits do not include other Park facilities. §1.06 Skate Park 1. Skate Park is open from 9:00am to sunset. 2. Skating is at the skater's own risk. The skate park is not directly supervised. 3. The City is not liable for any accident or injury to person or property resulting from the use of the skate park. 4. All skaters must wear protective equipment including a strapped helmet, elbow and knee pads. Sandals and open toe shoes are prohibited. 5. All skaters in the Skate Park must wear shoes at all times. 6. Bicycles, scooters or rollerblades are prohibited in the Skate Park. 7. Be considerate of fellow skaters especially those who are younger and less skilled. Serious injury may result from being hit by a skateboard falling or colliding. 8. Graffiti, vandalism, swearing, smoking, the use of tobacco, alcohol or drugs is prohibited in the Skate Park. 9. Glass containers are prohibited in the Skate Park. Page 3 of 9 Skate Park Continued: 10. Please keep the Skate Park looking beautiful. Dispose of all trash. 11. Spectators are not allowed in the Skate Park. 12.Anyone not using the Skate Park in a safe and acceptable manner or abusing the rules of the Skate Park will be removed and not permitted back without approval from the City. 13. Animals are not permitted in the Skate Park at any time. §1.07 Tennis Courts 1. Tennis courts shall be used only for tennis. All other sports are prohibited. 2. All tennis courts are available on a first -come -first -serve basis; except when the City has scheduled events/classes. 3. No permits shall be issued for weekends or after 5pm Monday through Friday. 4. When others are waiting for a court, players shall confine their use of the court to one hour for singles play and one and one-half hours for doubles play. 5. Only soft soled athletic type shoes shall be worn on the courts. 6. Climbing on fences or nets is prohibited. 7. Bicycles, roller skates, skateboards, and motorized vehicles are prohibited on the courts. §1.08 Trails Trails are defined as routes on land with protected status and public access for recreation or transportation purposes such as walking, jogging, hiking, and biking. 1. Pedestrians have the right of way on trails unless otherwise noted. 2. Trail use by groups of 10 persons or more and competitions require written approval from the City. 3. Trail users must stay on designated trails. §1.09 Business Activities, Soliciting and Advertising in Parks and Facilities 1. Business Activities. No person shall sell or make an offer to sell goods or services or conduct business activities, including but not limited to unauthorized lessons, camps or fitness programs, within a park or facility without the express written permission of the City. 2. Mobile Vending. Mobile vending is not allowed in City Parks, without the express written permission of the City in the form of a mobile vending permit. 3. Solicitation. No person shall solicit monetary or other valuable contributions from others in a park or facility without the express written permission of the City. Page 4 of 9 Business Activities, Soliciting and Advertising in Parks Continued: 4. Advertisements. No person shall advertise goods, services or events within a Park without the express written permission of the City. For the purposes of this regulation, advertisements include, but are not limited to, the distribution or posting of handbills, flyers, coupons or public announcements or signs mounted on vehicles. 5. Signs. No person shall post signs in a Park without the express written permission of the City. §1.10 Motor Vehicles and Traffic 1. Speed Limit Where None Is Posted. Where no speed limit is posted, no person shall operate a motor vehicle within a Park at a speed greater than 20 miles per hour. 2. Prohibited Vehicles. a. No person shall operate a motorized vehicle within a Park without the express written permission of the City. b. No person shall operate within a Park a farm tractor or other farm machinery or a type of vehicle used primarily for earth -moving operations without the express written permission of the City. c. Paved and gravel surface trails are open to all forms of non - motorized transportation unless posted otherwise 3. Motorized Wheelchairs and Assistive Devices. Motorized wheelchairs and other motorized assistive devices for mobility impaired persons are permitted in all areas where pedestrian access is permitted, unless otherwise posted by the City. 4. Traffic Ordinances. The traffic ordinances of the City and all applicable State vehicle laws shall apply to all Park property. In addition, the following regulations shall apply: a. Vehicular traffic and parking is only permitted on designated paved or graveled roadways and parking areas, except as otherwise specifically directed by the City. b. All posted traffic signs will be observed. c. No person shall change any vehicle parts or repair, grease or wash vehicles on any Park property, except for emergency repair. 5. Parking and Overnight Parking. No person shall park a motor vehicle in areas of a park other than those designated by the City as parking areas. Motor vehicles may not be parked overnight in a park without the express written permission of the City. Motor vehicles left overnight in violation of this regulation may be ticketed and/or towed. Page 5 of 9 §1.11 Domestic Animals 1. Dog owners must comply with City leash laws. 2. All animals are prohibited from athletic fields, courts, playground area, playground equipment and Skate Park. 3. No animal excrement or fecal matter shall be left or deposited in any Park except in a proper trash or dog fecal matter receptacle. If none is available, the animal owner must carry it out with them. 4. Horses are prohibited in the Parks or on the trails unless authorized by the City. §1.12 Fires and Use of Grills 1. All fires within a Park must be confined to safe cooking receptacles (grills). 2. Open pit or surface fires are prohibited. 3. Portable grills are allowed including propane, in designated picnic areas. 4. No person shall leave a fire unattended. No person shall leave a fire without having fully extinguished it. §1.13 Fishing Fishing is not permitted in Parks, with the exception of Ashby Pond Conservatory. Persons fishing in a Park shall comply with State game laws and all special conditions established by the City. §1.14 Ice Skating No person shall go upon the ice of any body of water in a Park. Ice skating is not permitted in any Park. §1.15 Protection of Park Property 1. Construction. No person shall erect or construct any structure of any kind, install or perform any maintenance on any utility, equipment or other device on, below, over or across a Park without the express written permission of the City or in accordance with the terms of an existing easement duly recorded. 2. Encroachments. No person shall in any way alter, damage, remove or deface any facilities, features, vegetation, man-made objects or equipment in a Park; nor erect or store personal property, plant vegetation or deposit debris or refuse in a park as an extension of a use on adjacent property without the express written permission of the City. 3. Historic Artifacts and Man -Made Objects. No person shall damage, disturb or remove any historic artifacts, historic features or other man-made objects from a Park without the express written permission of the City. For the purposes of these regulations, "historic artifacts" are any material remains that give physical evidence of human occupation, habitation, use or activity; and "historic features" include, but are not limited to, walls, fence lines, cellars, fire pits, mill races, trenches, tent platforms, quarries or any other man-made arrangement of materials or trace thereof. Page 6 of 9 Protection of Park Property Continued: 4. Metal Detectors. No person shall use a metal detector or similar device within a Park without the express written permission of the City. 5. Off -Trail Use. No person shall bicycle, skate, ski or ride horses off of established trails, walkways or roadways without the express written permission of the City. 6. Unauthorized Trails. No person shall create any new trails without the express written permission of the City. §1.16 Remote -Control Devices, Drones and Powered Models or Toys No person shall operate drones, hobby rockets, CO2 rockets, remote -control gliders or powered remote -control or tethered planes, boats, cars or other like devices in a Park except in areas designated by and with the express written permission of the City. §1.17 Rest Rooms and Portable Toilets 1. Harassment and Intimidation. No person shall remain in the vicinity of a rest room or portable toilet in a Park with the intent to harass, intimidate or solicit users of such facility. 2. Inappropriate Behavior. No person shall engage in inappropriate behavior in rest rooms or portable toilets. For the purposes of these regulations, inappropriate behavior includes, but is not limited to, sexual activity, use of controlled substances, sleeping, loitering, washing clothes, bathing in fountains or washbasins — or any other activities prohibited by law. §1.18 Restricted Areas No person shall enter any area in a Park designated and posted as restricted without the express written permission of the City. §1.19 Swimming Swimming, bathing and wading are prohibited in bodies of water, to include, but not limited to, streams, rivers, ponds or lake, within or adjacent to a Park without the express written permission of the City. Old Town Square Interactive Water Feature Spray pad is open daily Monday through Sunday from 8am to 10pm from April to October. The spray pad may be turned off periodically without notice. The spray pad will be closed occasionally for routine maintenance during the operating season. • Parents shall read all statements on Park signs thoroughly. • Surface is slippery when wet. Water shoes are highly recommended. • All children under the age of 12 must be supervised by an adult. • Parents: Watch your children carefully! Page 7 of 9 Old Town Square Interactive Water Feature Continued: • Do not drink the water. (It is chemically treated & recirculated.) • No animals allowed on or near the spray pad. • Pollution is prohibited. No urination, fecal matter, vomiting, nose blowing or spitting is allowed. • Interact with the spray pad ONLY if diarrhea free for the past two weeks. • Diaper -age children or incontinent persons must wear a "swim diaper" with plastic pants. • No glass containers, bicycles, skateboards, scooters, inline skates, wagons or strollers allowed. • No food or drink allowed. • No running or horseplay. • Appropriate dress must be worn at all times. • Visitors must use foot shower before entering the spray pad area. • Keep out of cascade fountain; it is not for recreation. • Occupancy load for spray pad is 37. • The City is not liable for any accident or injury to person or property resulting from the use of the spray pad. §1.18 Voluntary Tobacco and Smoke Free Zones The City has established "Tobacco and Smoke Free Zones" for playgrounds, skate parks, basketball courts, tennis courts, and sand volleyball courts. This includes the use of cigarettes, cigars, e -cigarettes, and hookah. This initiative will help Parks remain clean and safe outdoor environments for children and their families. The City does not have authority to prohibit smoking in Parks. The City has taken a first step by requesting voluntary compliance to bring awareness to the issue and to begin to address the impacts of tobacco on community health. §1.19 Wildlife and Habitat Protection 1. Animals. No person or his or her pet shall harass, capture, remove, injure or kill any animal or its young or eggs found in a Park, or disturb the nest, den, burrow, lodge, roost, dam or other structure of any animal found in a Park, or attempt to do so, unless the person possesses a federal or Virginia state permit and has the express written permission of the City. 2. Feeding of Wild Animals. No person shall feed any wild animal within a Park unless such feeding is expressly authorized by the City by a posted sign or in writing. 3. Removal of Plants and Fungi. No person shall remove from a Park any plant or fungus (e.g., mushrooms) or parts thereof including, but not limited to, cuttings, flowers, seeds, berries, nuts or foliage, without the express written permission of the City. 4. Abandonment or Release of Animals. No person shall abandon, release or cause to be released into a Park any animal or other organism without the express written permission of the City. Page 8 of 9 Wildlife and Habitat Protection Continued: 5. Planting or Release of Seeds or Spores. No person shall plant any plant or release or cause to be released into a Park any plant or fungus seeds or spores without the express written permission of the City. 6. Habitat Preservation. No person shall disturb or modify woodlands, steams, stream banks, meadows, ponds, lakes or other natural areas within a park without the express written permission of the City. 7. Removal of Natural Materials. No person shall remove or use any wood, wood chips, sod, earth, humus, rocks, minerals, fossils, sand, water or any other natural material from a Park without the express written permission of the City. Page 9 of 9