1471ORDINANCE NO, 1471 (#2 - 2013)
AN ORDINANCE AMENDING JMC TITLE 14 REGARDING PARKS &
RECREATION REGULATIONS FOR PARKS'FACILITIES WITHIN THE CITY
OF JACKSONVILLE; AND, FOR OTHER PURPOSES,
WHEREAS, local Scout troops have requested they be allowed to camp
overnight in certain Parks & Recreation locations so as to earn appropriate merit
badges and complete certain community service projects in Park facilities; and,
WHEREAS, to properly provide appropriate regulations and address the
request, the Jacksonville Parks & Recreation Commission and the City Council has
determined that updating provisions of the Parks & Recreation Code are required to
appropriately update Park provisions and enhance the opportunity presented to the
City of Jacksonville to foster community service projects and growth available to our
young citizens enrolled in the Boys and Girls (respective) Scouts programs.
BEITORDAINEDANOENA CTEDBYTHE CITY COUNCIL OFTHE CITY
OFJACKSONVILLE, ARKANSAS, THAT, -
SECTION ONE; JMC § 14.04.050 (OFFICERS - ELECTION)
shall be amended to include/remove the following:
JMC § 14.04.050 Officers - Election.
The Commission shall elect a Chair and a Vice Chair for the Commission,
both to serve for One (1) year in said office. No Chair or Vice Chair shall serve
more than Two (2) consecutive terms in said office.
The Director of Parks & Recreation shall serve as the Executive Secretary
of the Commission in accordance with the terms of JMC 14.04.080.
SECTION TWO: JMC § 14.04.090 (POWERS AND DUTIES)
shall be amended to include/remove the following:
JMC § 14.04.090 Powers and Duties
C) This sub -paragraph is hereby deleted.
K) This sub -paragraph is hereby deleted.
O) This sub -paragraph is hereby deleted.
R) This sub -paragraph is hereby deleted.
SECTION THREE; JMC § 14.04.100 (OFFICERS — TERMS OF
OFFICE) shall be amended to include/remove the following:
JMC § 14.04,100 O>fcers — Terms of Office.
A. The Parks & Recreation Commission shall have a Chair, a Vice Chair,
and a Director; and,
B. Terms of office for the Chair and Vice Chair shall run annually, with
elections held at the December Commission meeting and offices to be
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assumed as of January 1 through December 31. The Director shall serve in
conjunction with his/her term of employment with the Parks & Recreation
Department.
SECTION FOUR; JMC § 14.04.130 (MEETING — ORDER OF
BUSINESS) shall be amended to include the following:
JMC $14.040.130 Meeting — Order of Business.
The Commission shall abide by Robert's Rules of Order in addressing issues of
business during their meetings.
SECTION FIVE; JMC § 14.04.160 (DIRECTOR - DUTIES) shall
be amended to include/remove the following:
JMC § 14.04.160 Director - Duties
The Director shall be responsible for general management of the Parks & Recreation
Department, which shall include completing those directives, duties, goals, and
tasks of the Commission, Mayor, and the City Council. The Director is responsible
for providing the Commission with all information required and to implement
properly adopted and approved Commission and Department policies and
procedures. He/She shall provide the Commission with regular reports of the
activities and programs of the Department, and shall serve as the Commission's
liaison to the Mayor and City Council.
SECTION SIX. JMC § 14.04.170 (ANNUAL REPORT) shall be
amended to include/remove the following:
JMC.§' 14.04.170 Annual Report.
The Parks & Recreation shall cause an Annual Report to be published and provided
to the Commission, Mayor, and City Council, as well as any interested citizens,
containing information on the activities and programs of the Department. This
Report shall be completed in January at the completion of each calendar year.
SECTION SEVEN; JMC § 14.04.190 (BUDGET
RECOMMENDATIONS) shall be deleted in its entirety.
SECTION EIGHT: JMC § 14.04.240 (PARKS & RECREATION
DIRECTOR APPOINTMENT) shall be amended td include/remove the following:
JMC § 14.04.240 Parks & Recreation Director Appointment.
The Mayor shall interview, hire, appoint, select, and supervise the Director of Parks
& Recreation.
Ordinance No, 1471(#2-2013)
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SECTION NINE. 3MC § 14.04.270 (ENFORCEMENT) shall be
amended to include/remove the following:
JMC.§' 14.04.270 Enforcement.
C) This sub -paragraph is hereby deleted.
D) This sub -paragraph is hereby deleted.
E) This sub -paragraph is hereby deleted.
SECTION TEN; JMC § 14.08.020 (GENERAL RULES AND
REGULATIONS) shall be amended to include the following:
JMC § 14.08.020 General Rules and Regulations
The provisions contained herein and/or enacted by the Jacksonville Parks &
Recreation Commission shall have full force and effect from and after their dates of
passage as subject to and by applicable law.
SECTION ELEVEN; JMC § 14.08.030 (HOURS OF OPERATION)
shall be amended to include the following:
JMC § 14.10.030 Hours of Operation.
Except for unusual and unforeseen emergencies, City Parks shall be open to the
public daily, excluding holidays, with hours set by the Commission according to the
Park's primary purposes and locations, and no person(s) shall assemble, enter, be
in, or take a motor vehicle into any City Park after posted hours unless authorized
herein and/or by the Parks & Recreation Director and/or Commission. However, this
provision does not apply to City -sponsored sporting events hosted in the Parks.
Further, any section or part of any Park may be declared closed to the public by the
City and/or its duly authorized representative(s) at any time and for any interval of
time when deemed appropriate and necessary, and it shall be unlawful to enter into
an area posted as closed to the public, nor shall any person(s) use of any area
within a Park be in violation of posted notices.
SECTION TWELVE; JMC § 14.08.040 (VEHICLE USE AND
PARKING) shall be created and shall include the following:
JMC § 14.10.040
A. Vehicle Use, Speed Limits, and Parking. It shall be unlawful to fail to
comply with all applicable provisions of Arkansas motor vehicle traffic laws in regard
to equipment and operation of vehicles and applicable regulations contained in this
Municipal Code and State law. It shall be unlawful to ride or drive a vehicle within
a Park at a rate of speed exceeding Fifteen miles per hour (15 MPH), except upon
such roads as the City may designate, by posted signs, for speedier travel. It shall
be unlawful to ride, drive, operate, or push a vehicle in any location within a City
Park, including any trails, regardless of the trail surface, except for paved vehicular
roadways designated for that purpose. It shall also by unlawful to operate a
truck/trailer/tractor or other such vehicle(s) within Parks larger than a Three-
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Quarters (3/4) ton, unless doing so is required for improvements being performed
within said Park.
B. Parking (in General). It shall be unlawful to park a vehicle in other than in
an established or designated parking area, which shall be in accordance with
applicable provisions of Arkansas motor vehicle traffic laws.
C. Parking Overnight or Vehicle Abandonment. It shall be unlawful to park,
leave, or abandon a vehicle within a Park during the closed hours of said Park.
SECTION THIRTEEN; 7MC § 14.08.050 (PROHIBITED ACTS) shall
be created and include the following:
JMC § 14.10.050 Prohibited Acts.
A) Defacing and/or Tampering with Park Property. It shall be unlawful to
damage, deface, disfigure, remove, willfully mark, or tamper with any buildings,
monuments, bridges, tables, benches, fireplaces, signs, public utilities or other
structures or equipment, facilities, or Park property or appurtenances whatsoever,
either real or personal.
B) Disturbing Natural Resources and Wildlife. It shall be unlawful to cut,
carve, climb, damage, dig, remove, and/or transplant any soil, rock, stones, trees,
shrubs or plants, fallen timber, or other wood or materials, or make any excavation
by tool, equipment, blasting, or other means or agency, except on special written
permit obtained from the City. It shall be unlawful to hunt, molest, harm, frighten,
poison, kill, trap or remove any animal, reptile or bird; or to remove the eggs, nest,
or young of any wild animal, fish, reptile or bird. It shall be unlawful to hunt, trap
or pursue wildlife at any time. No person shall use, carry or possess firearms of any
description, or air rifles, spring guns, slings, traps, or other weapons or devices
potentially inimical to wildlife or dangerous to human safety.
Provisions of this Section shall not apply to Parks employees, or anyone
acting at their direction, so long as any action taken by such employees, or anyone
acting under their direction, is in furtherance of management of natural resources,
animals, and wildlife within the Park(s), and has been authorized by the Parks &
Recreation Director, Commission, and/or the Mayor.
C) Refuse and Waste. It shall be unlawful to deposit in a Park any refuse or
other trash. No refuse or other trash shall be left anywhere on the grounds thereof,
but shall be placed in proper receptacles where provided. Where such receptacles
are not so provided, all such rubbish or waste shall be carried away from the Park
by the person responsible for its presence and properly disposed of elsewhere. It
shall also be unlawful to 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 foreign substance.
D) Solicitation, Peddling, and Distribution of Literature Prohibited. No person(s)
shall post, affix, or inscribe any handbill, poster, card, devise, inscription, or
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advertisement in, upon, or against any building, fence, structure, or upon any
property within any City Park without first obtaining permission from the Parks &
Recreation Director and/or Commission. As well, no person(s) shall sell or solicit
sales of article(s) within a City Park without first obtaining permission from the Parks
& Recreation Director and/or Commission and an appropriate City Business License
in compliance with JMC Title 5.
E) Use of or Possession of Alcohol Beverages It shall be unlawful to bring
and/or consume alcoholic beverage(s) within a City Park, No person shall enter a
Park while under the influence of intoxicating beverages as well.
F) Fires. It shall be unlawful to build or attempt to build a fire except in
fireplaces or facilities so designed for such use, or to leave any fire unattended. No
person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or
cigars, tobacco paper, or other flammable material within any Park area or on any
highway, road, or street abutting or contiguous thereto.
G) Skateboards, Scooters, Conventional or In-line Skates, and/or Bicycles,
No person shall operate any skateboard, scooter, conventional or in-line roller
skates, or bicycle in areas of a Park where signs are posted prohibiting such activity.
As well, said equipment shall be utilized in the designated areas so as not to cause
accident(s), injury(ies), and /or damage(s) to any person and/or property.
SECTION FOURTEEN; JMC § 14.08.060 (OVERNIGHT
CAMPING) shall be created and include the following:
JMC § 14.10.060 Overnight Camping,
It shall be unlawful to set up or use tents, shacks, or any other temporary shelter
for the purpose of overnight camping, nor shall any person bring in or leave in a
City Park after closing hours any structure or vehicle to be used or that could be
used for such purpose, such as a house trailer, camp trailer, camp wagon, or the
like. However, this does not apply to: a) any Boy Scout and/or Girl Scout troop(s)
and/or similar organization(s) who is/are given written permission by the Parks &
Recreation Director to camp out in conjunction with an authorized clean-up/service
project in Dupree Park, Paradise Park, or Reed's Bridge Preservation Park; and, b)
any Preservationist group(s) participating in the annual Reenactment Celebration
within or near Reed's Bridge Preservation Park.
Special camping provisions are provided in the Shooting Range Ordinance for
that Park property.
SECTION FIFTEEN; JMC § 14.08.070 (USE OF BOATS,
CANOES, KAYAKS, OR OTHER WATER VESSELS) shall be amended and created
to include the following:
It is lawful for any person to use any non -motorized boat, canoe, kayak, or any
other similar vessel on the bodies of water at Dupree Park, Reed's Bridge, Paradise
Park, and Jimmie White Park. Electric trolling motors are allowed. However, this
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provision shall not apply to any government official or agent thereof using a
motorized vessel in connection with an official government function.
SECTION SIXTEEN; ] MC § 14.04.080 (POWERS AND
DUTIES) shall be deleted in its entirety and Reserved.
SECTION SEVENTEEN. 7MC § 14.08.100 (PENALTIES) shall be
amended to include the following:
Any person(s) violating terms of this Ordinance shall, upon conviction thereof, be
adjudged guilty of a violation and fined in a sum ranging from Fifty Dollars ($50.00)
not to exceed Five Hundred Dollars ($500.00) for each offense, together with
applicable court costs. Each discharge of a weapon is considered a separate offense
punishable as stated herein.
SECTION EIGHTEEN. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
SECTION NINETEEN; This Ordinance shall take effect
immediately upon its passage and publication, as provided by and subject to the
requirements of applicable law.
APPROVED AND ADOPTED THIS 24th DAY OFJANUARY, 2013.
CITY OFJA4'KSPIVILLE,ARKANSAS
GAR
SUSAN DA VITT, CITY CLERK