Adopting Rules and Regulations for the proper use and protection of the parks of the City of Cincinnati.
WHEREAS, the City Charter of the City of Cincinnati, in Article VII, Section 1 provides:
"The Board (of Park Commissioners) shall have the control and management of the parks and parkways of the City and may adopt and enforce regulations as to the proper use and protection of park property, and provide penalties for the violation of such regulations. Such regulations shall not take effect until copies thereof are filed with the City Solicitor and with the Clerk of Council."
and
WHEREAS, The Ohio Revised Code in Section 755.07 provides:
"The Board (of Park Commissioners) may adopt and enforce regulations as to the proper use and protection of all property mentioned in Section; 755.05 of the Revised Code and the improvements thereon, and may impose penalties for the violation of such regulations."
and
WHEREAS, the Board desires to revise substantially the current Rules and Regulations, adopted on February 4, 1932 and thereafter amended now, therefore;
BE IT RESOLVED by the Board of Park Commissioners of the City of Cincinnati:
Section 1. That the following Rules be and are hereby adopted as the Regulations governing the proper use and protection of park property of the City of Cincinnati.
RULE 1. Public Meeting.
No person, except with the written permission of the Park Board, shall hold any public meeting, discussion, debate, picnic, music concert or other gathering on park property; except that groups of 50 or less will not be required to obtain such written permission, when required, shall not be unreasonably withheld and shall be granted unless such public meeting, discussion, debate, picnic, music concert or other gathering would be reasonable probability; substantially interfere with the rights of others to enjoy the parks, or would cause damage to the parks, or substantial expense to the Park Board or substantial disruption of Park Board activities, or would otherwise be contrary to the public interest: provided, however, that any written permission may set conditions and restrictions under which said public meeting, discussion, debate, picnic, music concert or other gathering may be held and further provided that the person or groups organization the event may be required to pay all expenses incurred by the Park Board in connection with the event.
RULE 2. Advertising.
No person, except with the written permission of the Park Board, shall display or distribute any leaflet, banner, flag, target, sign or device or use any type of amplification device, radio, speaker, musical instrument or other sound emitting device for commercial or fund raising purposes or in such a manner as to interfere materially with the rights of others to enjoy the parks or that damage or injury to persons or property on park property could result.
RULE 3. Parades.
No person shall engage in any parade, drill, demonstration or procession of any kind which materially interferes with usual park activity on park property, except with the written permission of the Park Board, and where permission is granted, under such rules and conditions as may be required by the Park Board.
RULE 4. Racing.
No person, except with the written permission of the Park Board, shall sponsor, organize or engage in, or in any way be party to, any race of any kind, including but not limited to races between animals, boats, bicycles, motorcycles, or vehicles of any kind or organized foot races on park property.
RULE 5. Damage.
No person, except with the written permission of the Park Board, shall take, carry away, remove, dig, cut, disturb, molest, destroy, mar, or damage any soil or mineral substance or any form of vegetation whether living or dead, on park property. Nor shall any person, except with written permission of the Park Board, take, carry away, remove, disassemble, destroy, mar, deface, mark or damage or attach anything to any Park Board equipment, building or structure on park property.
RULE 6. Refuse.
No person shall discard or throw paper, lunch boxes, refuse or litter on any park property, but the same shall be placed in receptacles provided for such purposes. Nor shall any person bring trash, refuse, litter or similar pollutants onto park property for deposit in the park litter receptacles.
RULE 7. Ball, Golf, and Other Games.
No person shall bat a hard ball, drive a golf ball, shoot a bow and arrow, or participate in any formal and pre-scheduled softball, horseshoes, soccer, football or any similar game or activity except at such places as may be set aside by the Park Board. The Park Board retains the right to prohibit any casual softball, horseshoes, soccer, football or any similar game or activity when such game or activity presents a clear and present danger or injuring any person or damaging any private or public property.
RULE 8. Sales.
No person shall sell or expose or offer anything for sale on park property, except with the written permission of the Park Board, and when permission is granted, subject to such rules and conditions as may be supplied by the Park Board, and except where the vendor has secured all required permits to engage in such sales.
RULE 9. Animals.
No person shall take or permit a dog on any park property where a sign is posted prohibiting dogs. In parks where no such signs are posted, no person shall take or permit a dog on park property unless the dog be held by leash, chain or cord not to exceed twenty (20) feet in length. No person shall permit animals of any kind, including horses, cattle, goats, swine and fowl to run at large on park property; nor shall any such animal be tied to any tree or plant or other object on park property except such as may be particularly provided for such purpose by the Park Board; nor shall any person permit a dog to materially damage park property.
RULE 10. Weapons.
No person shall carry or discharge firearms, slings, bows, rockets, missiles, projectile, explosives, volatile liquids, nor other devices by which person, animals, or birds may be injured or frightened, and no one shall throw stones or other dangerous missiles, devices and objects on park property.
RULE 11. Use of Alcoholic Beverages.
No person shall use, consume or possess with the intention of use or consume alcoholic beverages containing more than one-half of one percent of alcohol by weight in a public place on park property. This section shall not apply to alcoholic beverages used, consumed or possessed on the premises of a rented picnic facility, reserved lodge or other building for which a permit has been issued by the Park Board, and provided such use, consumption or possession is in accordance with the specified times, places, and other restriction set forth in such permit.
Revised March, 1983
RULE 12. Sale of Alcoholic Beverages.
No person shall sell or offer for sale any alcoholic beverage in park property unless he has obtained a proper liquor license and has complied with all requirements of the Ohio Department of Liquor Control and has received written permission from the Park Board.
Revised March, 1983
RULE 13. Fireworks.
No person, except with the written permission of the Park Board shall discharge, ignite or explode fireworks or possess fireworks with the intent to discharge, ignite or explode same, on or over park property.
RULE 14. Gambling.
No person shall gamble or play any game of chance for stakes on or within park property. Nor shall any person conduct any scheme of chance not for profit on park property except with the written permission of the Park Board.
RULE 15. Fires.
No person, except with the permission of the Park Board, shall light, make or use any fire on park property except at grills and such other places where fires for cooking food are customarily permitted.
RULE 16. Speed.
No person shall drive any vehicle over park property except on the roadways provided for this purpose and on such roadways only at a reasonable speed in view of all the circumstances and in a careful manner; speed in excess of the following shall be prima facie evidence of reckless driving:
On roads within parks 25 miles per hour unless otherwise posted.
RULE 17. Vehicles.
Except with the written permission of the Park Board, no person shall give, receive or participate in automobile driver training; nor dust, wash or any way clean any automobile or other vehicle; nor take a truck or other business vehicle of any kind over park property; nor repair or service any automobile or other vehicle, except emergency repair or service, on park property. This Rule shall be subject to the following exception, to wit: That for the purpose of delivering goods and merchandise to a property owner whose only entrance is on a parkway, and for the purpose of rendering "service and automobile aid" in cases of necessity, a commercial vehicle, equipped with pneumatic tires, may be driven over such parkway or roadway within park property, provided; however, that such vehicle approach and leave park property by the intersecting street nearest to the location at which delivery is made or aid is rendered. This Rule shall also be subject to the provisions of Section 506-66 of the Cincinnati Municipal Code.
RULE 18. Funerals.
No one having charge of any hearse or vehicle used for the transportation of dead bodies, shall take or drive the same into or through any park property, except with the written permission of the Park Board.
RULE 19. Travel.
No person, by any means whatever, shall impede or obstruct the progress of vehicular or pedestrian travel over park property.
RULE 20. Vehicle Lights.
No person shall drive or take any vehicles within park property at night unless head and tail lamps are lighted.
RULE 21. Closing Time.
The parks shall be closed to the public between 10:00 P.M. and 6:00 A.M. except where otherwise posted on signs and except when different hours are established by resolution of the Park Board or by permit issued to a group by the Park Board for a specific event, and except or vehicular traffic on through roadways directly connecting to city streets. All persons shall leave the parks at or before closing time.
RULE 22. Lakes.
No one shall bathe, swim, fish, or throw anything into any of the lakes, pools, streams, or fountains, or in any manner disturb the waterfowl, fish or other aquatic life within park property.
Notwithstanding the above, boating and operation of a toy or model boats shall be permitted at places specifically set aside therefore and under rules and conditions prescribed therefore by the Park Board.
Notwithstanding the above, fishing shall be permitted in designated areas at Burnet Woods Lake by those complying with the rules and conditions prescribed therefore by the Park Board.
Revised May, 1991
RULE 23. Bicycles, Motorcycles and Horses.
No person shall use or ride any bicycle, motorcycle or horse on any of the sidewalks or foot-paths within park property. No person shall ride a horse within park property except on bridle paths or roads provided for that purpose.
RULE 24. Skating, Sledding and Skiing.
Except by permission of the Park Board, no one shall place or use any boat, skiff, or vessel on the waters of the parks, nor shall anyone walk, skate, sled or coast on the ice until the Park Board or authorized Park Board agent has ascertained the condition of the same and given permission; nor shall anyone sled, coast or ski anywhere on park property except with the permission of the Park Board or authorized Park Board agent.
RULE 25. Swings.
No one shall put up or use any swing or hammock in any park except on posts or other placed designated by the Park Board for this purpose.
RULE 26. Clothes Lines.
No one shall shake or otherwise cleanse any rugs or other floor coverings, nor fasten to any tree or shrub any clothes line, nor hang up any clothes to dry or bleach on park property.
RULE 27. Disorderly Conduct.
(a) No person, on park property, shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or offensively coarse utterance, gesture, or display, or communicating unwarranted and grossly abusive language to any person;
(3) Insulting, taunting, or challenging another, under circumstances in which such conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons on a public street, highway, or right of way, or to, from, within, or upon public or private property, on as to interfere with the rights of others, and by any act which serves no lawful and reasonable purpose to the offender.
(5) Creating a condition which is physically offensive to persons or which presents a risk of physical harm to person or property, by any act which serves no lawful and reasonable purpose to the offender.
(b) No person shall, while voluntarily intoxicated shall do either of the following:
(1) On park property and in the presence of two or more persons, engage in conduct likely to be offensive or cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if were not intoxicated, should know is likely to have such effect on others;
(2) Engage in conduct or create a condition which presents a risk of physical harm to himself or another, or to the property of another.
(c) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, water-craft, aircraft, or other vehicle while under the influence of alcohol or any drug abuse, is not a violation of Paragraph (b) of this section.
(d) When to an ordinary observer a person appears to be intoxicated, it is probable cause to believe such person is voluntarily intoxicated for purposes of Paragraph (b) of this section.
RULE 28. Park Signs.
Signs posted by the authority of the Board of Park Commissioners for specific purposes on any park property become a part of these rules and regulations, and any violation of any order or prohibition posted on any sign is subject to penalties imposed herein.
Revised January, 1985
RULE 29. Permits.
All permits issued by the Park Board shall be subject to these Rules and Regulations, and the person or persons to whom such permits are issued shall be bound by these Rules and Regulations as fully as if the same were set forth in such permits and shall be liable for any loss, damage or injury caused on park property. The Park Board or its authorized agent may, for good cause shown, revoke any permit issued by it.
RULE 30. Resisting Officer.
No person shall resist any member of the police force in the discharge of his duty, or in any way interfere or hinder or prevent him or any park employee from discharging his duties, nor attempt so to do; nor in any manner assist any person in custody of any member of the police force to escape.
RULE 31. Animals and Birds.
No person shall molest, disturb, injure, trap, hunt, kill or in any way have contact with or throw anything at or to animals or birds on park property, including the Zoological Gardens; and no person shall feed any animals or birds located on park property, including the Zoological Gardens except where permission to do so is granted by signs or posters.
RULE 32. Flying Apparatus and Motor Propelled Vehicles.
Except as expressly set forth in these Regulations, no person shall operate, fly, launch, drive, or use any motor propelled vehicle, or flying apparatus or other vehicle (except motor vehicles driven on roadways designed for that purpose subject to any separate regulation thereof) on or over park property, including but not limited to airplanes, balloons, gliders, hang-gliders, boats, snowmobiles, go-karts, rockets, powered model planes, motorbikes, motorcycles, or automobiles except with the written permission of the Park Board and except within such areas as may be designated by the Park Board and except in compliance with any reasonable safety regulations set by the Park Board and made a condition of any consent.
RULE 33. Noise.
No person shall operate or cause to be operated any whistle, rattle, bell, gong, clapper, hammer, drum, horn, radio, phonograph or other sound-producing or sound-amplifying instrument so as to emit loud and raucous noises or in any other way create noise or sound in such a manner as to disturb the peace and quiet of a park or as to interfere with or disturb other park patrons.
Section 2. As used herein, "Park Board" shall mean the Board of Park Commissioners or Its authorized agent. Additionally, as used herein, "authorized Park Board agent" shall mean the Director of Parks, or the Acting Director of Parks, The Chief of the Park Police or other person so designated or authorized by duly passed Park Board Resolution.
Section 3. None of these Rules and Regulations shall abrogate the effect of any applicable ordinances or statutes which shall continue to have full force and effect in the parks of the City of Cincinnati.
Section 4. Any person who is convicted of, or pleads guilty to, the violation of the foregoing Rules and Regulations shall be guilty of a minor misdemeanor, and fined not more than one hundred dollars($100.00).
Section 5. All Resolutions heretofore passed establishing Rules and Regulations for the proper use and protection of park property are hereby repealed.
Section 6. Certified copies hereof shall be filed with the City Solicitor and with the Clerk of Council.
Section 7. In the event that any section, or part of a section included within the provisions of this Resolution, shall be held, by any court, to be invalid or unconstitutional, such decision shall not be held to invalidate or impair the validity, force or effect of any other section, or part of a section, of this Resolution.
Section 8. This Resolution shall take effect and be in force from and after the earliest period allowed by law.
