ORDINANCE NO. 2012-05

AN ORDINANCE ESTABLISHING RULES AND REGULATIONS AT TOWN PARKS AND OTHER PUBLIC PROPERTY AND ESTABLISHING CRIMINAL PENALTIES FOR VIOLATIONS THEREOF

	WHEREAS, the Town of Trinity is committed to serving park visitors with integrity, fairness and respect;
	WHEREAS, it has become necessary and desirable to consider adopting rules to provide for the safe enjoyment of the Town's Public Parks and recreational areas by residents and guests while fostering a stewardship ethic and encouraging the protection of its resources; and 
	WHEREAS, the Mayor and Town Council are of the opinion that the following rules should be applicable to use of and conduct within all areas of the Public Parks owned or maintained by the Town of Trinity; and 
	WHEREAS, it is the Mayor and Town Council's intent that park visitors follow these rules at all times while using the Town's Public Parks; and 
	WHEREAS, it is the intent of the Mayor and Town Council that implementation of these rules will provide for the orderly and safe use of the Public Parks.
	NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Trinity, Alabama, as follows, to-wit:
	Section 1.	Definitions.	As used herein, the term "Public Park" or "park," whether singular or plural, shall mean any land or facility owned or operated by the Town of Trinity and used as a park, playground, recreational facility, athletic facility or for any other recreational activity or purpose.
	Section 2.	Alcoholic Beverages/Controlled Substances Prohibited.	All laws and ordinances relating to the possession, distribution or use of alcoholic beverages or controlled substances shall be enforced in the Public Parks.
	Section 3.	Additional Rules Regarding the Use of Public Parks.	
		(a)	No person shall remain in or enter into a park before or after the posted hours of the park, except as authorized by the park rules, town council or athletic youth association.  Parks will be open from 5:00 a.m. until 10:00 p.m. daily or as otherwise determined by the Town.
		(b)	Motor vehicles and non-motorized vehicles must be driven and parked only in designated areas.  Damage to vehicles is the sole responsibility of the vehicle owner and not the Town of Trinity or the West Morgan Youth Association.
		(c)	It shall be unlawful for any person to do any act prohibited by or omit to do any act which is not addressed in this Ordinance, but which is required by rules or regulations of the Town and where notice of those rules or regulations are conspicuously posted at or in the Public Park to which they apply or where that person is advised of such rules or regulations by an officer, official or other representative of the Town.
		(d)	No person shall operate an ATV, ORV, motorcycle, min-bike, go-cart, golf cart, skateboard, roller-skates, in-line skates, bicycles or similar devices/cycles/vehicles in any park except to provide access for disabled persons.  Bicycles or similar devices may be allowed on the walking trails.
		(e)	All posted speed limits will be enforced.
		(f)	No person shall start or maintain a fire except in a picnic stove or other areas specifically approved and designated for the starting and maintaining of a fire.  All fires must be extinguished before leaving the park.
		(g)	Disruptive, fighting, argumentative or abusive behavior will not be tolerated, and is grounds for expulsion from all Public Parks.
		(h)	No person shall deposit or abandon any litter, garbage, sewage, refuse, trash, waste or similar material in any park except in Town-provided waste receptacles.  No person shall deposit such material in any such receptacle if the material was generated outside the geographical boundaries of the park.
		(i)	Domestic pets are permitted in all parks except where prohibited by posted signs.  In addition, the following shall apply to any domestic pet:

(1)	All pets must be legally licensed and vaccinated.  Persons with pets shall show proof of vaccination if requested.
			(2)	Pets must be under control of their handlers and in view of their 					handlers at al times.
			(3)	Handlers must have possession or control of the pets at all time.
			(4)	Each handler shall be in possession or control of no more than two pets.
(5)	Handlers are responsible for any injuries caused by the pets under their control.
(6)	Handlers must cleanup all waste or other litter made or caused by their pets.
(j)	Non-Smoking Areas:	    The baseball/softball/T-ball park shall be smoke 
free.
	Section 4.	Penalties.	A person who violates any provision of these rules may be summarily evicted from the park.  A person who shall violate any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment of not more than six (6) months, or by fine not to exceed Five Hundred and no/100 Dollars ($500.00), or both.
	Section 5.	Severability Clause.		It is hereby declared to be the intention of the Town Council of the Town of Trinity, that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of same shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such clauses, phrases, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the Town Council without the incorporation in the ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.
	Section 6.	Conflicting Ordinances.	All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.
	
Section 7.	Effective Date.	This Ordinance shall become effective immediately upon its passage and publication as provided by law.
	ADOPTED and APPROVED this 14 day of May, 2012.

	____________________________________
							Vaughn Goodwin, Mayor

ATTEST:

(SEAL)

____________________________________
Barbara L. Jones, Town Clerk

LWM/zip0412/trinity.ordinance.parkrules
T108-12M