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HomeMy WebLinkAboutA027 - Modifications to Municipal Code Chapter 19, Parks & Recreation, to clarify expectations of park useITEM #:29 DATE:12-09-25 DEPT:P&R SUBJECT:AMENDMENTS TO CHAPTER 19 OF MUNICIPAL CODE (PARKS AND RECREATION) COUNCIL ACTION FORM BACKGROUND: At the March 11, 2025 City Council meeting, City staff made a presentation regarding the topic of micromobility uses in the City of Ames. As part of that presentation, City Council referred the micromobility uses in parks to the Parks and Recreation Commission. Shortly afterwards, at the March 27, 2025 Parks and Recreation Commission meeting, City staff presented the topic of micromobility. A lengthy discussion occurred and the Commission proceeded to review Chapter 19 of the Municipal Code (Parks and Recreation) to see how the code might address micromobility use in the parks. Upon reviewing Chapter 19, the Commission realized there were other sections of Chapter 19 and the Park Rules that could use some updates to reflect current practices and/or to provide clarity on expectations of park use. It should be noted that the responsibility of updating the Park Rules is a function of the Parks and Recreation Commission and Council need not take any action regarding Park Rules. As such, the Commission engaged the public and sought feedback regarding Municipal Code Chapter 19 and the Park Rules. An in-person public input session was held on April 2, 2025 and a public survey (1,200 responses) was made available. There were also additional email correspondences with community members on these topics. Having received public feedback, the Commission has proposed updates to its Park Rules, which will be considered at its December 18 meeting. The Commission also proposed changes to Municipal Code Chapter 19, which were discussed with City Council at its November 18 meeting. Notably, as it relates to micromobility and personal transportation device uses, the Parks Commission is recommending a park rule to implement a 10 mph speed limit on park trails and paths. The main concerns heard involved multi-modal uses on park trails and paths, and the need to institute a speed limit for safety purposes. This will be discussed more in depth at this same meeting when formal ordinance updates to Municipal Code Chapter 4: Bicycles are being considered by Council. At its November 18 meeting, City Council directed staff to draft updates to Municipal Code Chapter 19. The ordinance has been drafted and is attached for the City Council's review. SUMMARY OF CHAPTER 19 UPDATES: Changes consist of updating existing language to be clearer on the intent of what was already 1 there as well as: Sec. 19.2 - Appointment of Member, Term of Office Remove the last sentence (The one year special term shall be applied to a position first becoming vacant after the date of this ordinance.). This is no longer needed since the ordinance has been in effect for many years. Sec. 19.7 (7)(b) Leasing to Organizations The language was very specific to "amateur or professional baseball or other athletic games" and is being changed to "activities" to provide the Commission greater flexibility if the opportunity arises. Sec. 19.8 Damaging Plants, Property in Parks and Recreational Facilities (1) Removed very specific examples. (2) Added that foraging edible plants, fruits and nuts is allowed within the park system. (3) Added a more generic statement regarding what is prohibited (this replaces what was removed in Sec. 19.8 (1)). Sec. 19.10 Weapons Prohibited Removes the prohibition on firearms in the parks so it is in accordance with Iowa State Law. Sec. 19.13 Dogs at Homewood Golf Course This change puts in writing that officially documented service animals are allowed at Homewood. Sec. 19.15 Swimming Prohibited A park rule prohibiting swimming in Ada Hayden Heritage Park Lake has been in place. The Commission is proposing this to be an ordinance and to include any body of water on City owned property. Sec. 19.15 Bait Dumping Prohibited The prohibition is being expanded to include any lake, pond, river, or stream on City-owned property. Sec. 19.19 Boat Motors Adding an exception for emergency watercraft as approved in advance by the Parks and Recreation Commission. This would allow this use for events such as the Ames Triathlon. Sec. 19.20 Fishing from Bridges Prohibited Expands this prohibition to any bridge within the park system. ALTERNATIVES: 1. Approve on first reading of the attached ordinance regarding Ames Municipal Code Chapter 19 to take effect immediately after final ordinance adoption. 2. Direct staff to modify the proposed ordinance and bring it back to a future City Council meeting for City Council consideration CITY MANAGER'S RECOMMENDED ACTION: 2 Updating Municipal Code Chapter 19 will improve public safety and clarify what is acceptable behavior within the park system. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No. 1, as described above. ATTACHMENT(S): DRAFT Ordinance Amending Chapter 19 to clarify expectations of park use.pdf 3 ORDINANCE NO. __________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTIONS 19.2, 19.7, 19.8, 19.10, 19.13, 19.15, 19.18, 19.19, AND 19.20, THEREOF, FOR THE PURPOSE OF AMENDING CHAPTER 19 PARKS AND RECREATION TO CLARIFY EXPECTIONS OF PARK USE, REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Sections 19.2, 19.7, 19.8, 19.10, 19.13, 19.15, 19.18, 19.19, and 19.20, as follows: CHAPTER 19 PARKS AND RECREATION * * * Sec. 19.2. APPOINTMENT OF MEMBERS, TERM OF OFFICE. The Parks and Recreation Commission shall consist of seven (7) persons people appointed by the Mayor with the approval of the City Council. The term of office shall be three (3) years for six of the members, and one (1) of the members shall serve a special 1 one-year term. All terms shall run from April 1 of the year in which the appointment is made. The one year special term shall be applied to a position first becoming vacant after the date of this ordinance. * * * Sec. 19.7. SPECIFIC POWERS AND DUTIES. The parks and recreation commission shall have the following powers and duties: (1) Rulemaking. Except as otherwise specifically provided in this chapter, the commission shall have rulemaking authority, and shall prescribe and promulgate all needed rules and regulations for use of or participation in the city parks, swimming pools, and other recreational facilities, programs, and activities. (2) Planning. Prepare, and revise at least once every five (5) years, a plan for the development and continuation of a system of city parks, pleasure grounds greenways, swimming pools, and other recreational facilities. (3) Gifts. May solicit, on behalf of the City of Ames, gifts of money or property for parks and recreation purposes. 4 (4) Rates Fees and charges. Whenever, and only so long as there are no revenue bonds or pledge orders outstanding which are payable therefrom, the commission shall have the power and authority to establish fees, rates and charges for the use of a city park, pleasure ground, swimming pool, or other recreational facility, or for participation in a recreational program or activity. However, the city council shall at all times retain and have power and authority to establish, impose, adjust and provide for the collection of rates fees and charges when such action is necessary to produce gross revenues at least sufficient to pay the expenses of operation and maintenance of a certain park, pleasure ground greenway, swimming pool, or other recreational facility, or to pay the principal and interest of any revenue bonds and pledge orders as they come due. (5) Joint projects. Subject to the approval of the city council, the commission may take action jointly with other public or private agencies as provided in Chapter 28E, Code of Iowa, 1977. (6) Contracts. The commission shall have power to authorize and execute on behalf of the City of Ames, without action of the city council, contracts with public or private entities for services relative related to recreational programs and activities. Such contracts shall be evidenced by a written document approved as to form by the city attorney and certified consistent with the current budget by the director of finance. (7) Leasing to organizations. The commission shall have authority to lease, under reasonable rules and requirements, a particular park or portion thereof, as follows: (a) For a period not in excess of ten (10) days to charitable, fraternal, and patriotic organizations, for the purpose of permitting such organizations to conduct celebrations, anniversaries, and entertainments. (b) For a period not to exceed six (6) months, for activities as the commission shall deem proper, for the purpose of permitting the playing of amateur or professional baseball or other athletic games. Sec. 19.8. DAMAGING PLANTS, PROPERTY IN PARKS AND RECREATIONAL FACILITIES. (1) It is unlawful for any person to willfully cut, rake, damage, destroy or interfere with any trees, shrubs, flowers, bush or other planting, or building, structure or other facility amenity in any public park or recreational facility. Interfering with park structures or facilities is specifically defined to include persons being on top of park shelters; placing picnic tables in water, using them as sleds, or placing them on top of shelters; and jumping or diving off pedestrian bridges. (2) Foraging edible plants, fruits and nuts is allowed within the park system. (3) Utilizing any structure, equipment, or facility for any purpose or in any manner other than for its intended use is prohibited. 5 Sec. 19.10. FIREARMS WEAPONS PROHIBITED; EXCEPTIONS. Except for police officers, while in the performance of duty, and as otherwise specifically authorized by the commission, it It is unlawful for any person to carry or have in their possession or under their control in any public park, pleasure ground greenway or recreational facility and/or space of the city any firearm of any kind whatsoever, BB gun, pellet gun, bow and arrow, sling shot, or any other device for shooting or throwing a projectile of any kind. Sec. 19.11. PARK HOURS. All city parks are open to the public from 6:00 a.m. to 10:30 p.m. Only Parks & Recreation department employees or emergency personnel, including fire, police and utility workers, are authorized to be in the parks between the hours of 10:30 p.m. until 6:00 a.m., unless advance written permission approval has been obtained from the Parks and Recreation Commission. * * * Sec. 19.13. DOGS AT HOMEWOOD GOLF COURSE. No person shall walk a dog or dogs or in any way bring a dog onto the Homewood Golf Course while the course is open to play. The Course shall be deemed open to play when the flag poles are in the cups on the greens. This section shall not prohibit a blind person officially documented service animals from coming onto Homewood Golf Course with the aid of the blind persons’s seeing-eye dog. * * * Sec. 19.15. Reserved. SWIMMING PROHIBITED. No person shall swim in any body of water on City owned property. * * * Sec. 19.18. BAIT DUMPING PROHIBITED. No person shall dump live fish bait into the water of the any lake, pond, river, or stream on City owned property at Ada Hayden Heritage Park. Sec. 19.19. BOAT MOTORS. Use of any boat motor, other than an electric motor, is prohibited at Ada Hayden Heritage Park. No person shall have any boat motor fueled by gasoline on the premises of that park. Exception for emergency watercraft as approved in advance by the Parks and Recreation Commission. Sec. 19.20. FISHING FROM THE BRIDGES PROHIBITED. No person shall engage in fishing from the any bridge within the park system at Ada Hayden Heritage Park. * * * Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. 6 Section Three. All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , . ___________________________ _______________________________ John A. Haila, Mayor First Reading: Second Reading: Third Reading: Passed on: I, Renee Hall, City Clerk of the City of Ames, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. ______________, passed by the City Council of said City at the meeting held on ______________________and signed by the Mayor on ___________________________, and published in the Ames Tribune on ___________________________. ________________________________ Renee Hall, City Clerk 7