HomeMy WebLinkAboutOrdinance 20-13RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form. No. 30043
20 -13
Ordinance No.
Passed 20
AN ORDINANCE AMENDING VARIOUS PORTIONS OF
CHAPTER 96 (PARKS AND RECREATION) OF THE
DUBLIN CODIFIED ORDINANCES
WHEREAS, the Dublin City Council desires to modify various portions of Chapter
96 of the Dublin Codified Ordinances to allow efficient management of the City's
parks resources; and
WHEREAS, it is necessary to make adjustments to the various portions of the
Chapter 96 to comply with recent changes in the Ohio Revised Code related to
individual's right to keep and bear arms, including possession of firearms in public
parks; and
WHEREAS, the Dublin City Council desires to clarify animal regulations for fishing
activity and feeding of wildlife in parks; and
WHEREAS, it is necessary to update various portions of Chapter 96 of the Dublin
Codified Ordinances to incorporate housekeeping changes that are required from
time to time; and
WHEREAS, the Parks and Recreation Advisory Commission has reviewed a
portion of the proposed changes in their advisory role to the Dublin City Council.
NOW, THERE ,qU, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, of the elected members concurring that:
Section 1. Section 96.01 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
AIR OR GAS GUNS. Any rifle or pistol powered by spring - piston, gas spring,
pneumatic device, or any other gaseous propellant including carbon dioxide (CO2).
ANIMAL or ANIMALS. Includes, but is not limited to, quadrupeds, birds, fish,
reptiles, amphibians, crustaceans, mollusks and insects.
CITY -OWNED PROPERTY. For the purpose of this chapter, City -owned
property shall include any real property and public parkland owned by the City, not
including easements held or used by the City.
FISH or FISHING. Taking or attempting to take fish by any method, and all
other acts such as placing, setting, drawing or using any device commonly used to
fish whether resulting in such taking or not.
MANAGER. The City Manager of the City of Dublin, Ohio or designee.
MOTOR VEHICLE. Any vehicle propelled or drawn by power other than
muscular power.
OFFICER. A Dublin Police Division Officer or Code Enforcement Officer of the
City of Dublin, Ohio.
RECORD OF ORDINANCES
Blank, Inc.
Ordinance No.
20 -13
Passed Page 2 of 9
Form No.30043
20
PARK. Any land or water area owned, leased or otherwise controlled by the
City of Dublin, Ohio for recreational open space or similar and related purposes.
PARK WATERS. Any lake, pond, reservoir, stream, pool, channel, lagoon, or
other body of water, or any part thereof, whether natural or artificial, located in or
adjoining a park.
VEHICLE. Every conveyance with wheels, treads or other means of
locomotion.
('80 Code, § 951.01) (Ord. 39 -89, passed 6 -5 -89; Am. Ord. 32 -06, passed 6 -5 -06)
Section 2. Section 96.02 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.02 HOURS OF OPERATION.
(A) No person shall enter or remain in a park except during the hours of a
legally permitted activity, those hours in Dublin, Ohio, being from dawn to
dusk.
(B) The City Manager or designee may grant permission to enter or remain in
a park after dusk and before dawn when reasonable.
('80 Code, § 951.14) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 3. Section 96.03 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.03 PARK CLOSURE.
The City Manager or designee, has authority to close a park to the public
for a limited time for any reasonable consideration. No person shall enter a closed
park when a sign at the entrance to a park indicates such restriction.
Penalty, see §96.99
Section 4. Section 96.04 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.04 CITY MANAGER MAY ISSUE RULES.
(A) The City Manager may adopt rules for the administration and management
of City parks, recreation areas, and open space, to include all structures, facilities
and land therein. The City Manager may adopt rules, including, without limitation,
for:
(1) Preservation of property, vegetation, wildlife, signs, markers, buildings
or other structures, and any object of scientific or historic value or interest;
(2) Restriction on or limitation of the use of any parks, recreation areas,
and open space according to time, type, and manner of activities;
(3) Prohibition of conduct that may reasonably be expected to interfere
substantially with the use and enjoyment of parks, parkways, recreation areas,
and open space by the general public or that constitutes a nuisance;
(4) Maintenance of reasonable and necessary sanitation, health, and safety;
(5) Other requirements that are reasonable and necessary for the
preservation and management of parks, parkways, recreation areas, and open
space.
(B) No person shall violate any rule issued by the City Manager under this
section.
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No.
20 -13
Page 3of9
Passed . 20
Section S. Section 96.15 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.15 REMOVAL OR DESTRUCTION OF PROPERTY AND NATURAL FEATURES.
(A) No person in a park shall remove any property, natural feature or part
thereof including, but not limited to, any building, equipment, sign, rock, stone,
mineral formation, earth, wood, tree, shrub, flower, plant, nut or other seed from
a park without a permit from the City Manager or designee.
(B) No person in a park shall injure, destroy, break, cut, chop, write upon,
mutilate, set fire to, deface, dig, paint or damage in any manner any property,
natural feature or part thereof, including but not limited to, any building,
equipment, sign, rock, stone, mineral formation, earth, wood, tree, shrub, flower
or plant.
(C) No person in a park shall impound or cause to be impounded any park
water or in any other way alter or affect the natural flow of such waters without a
permit from the City Manager or designee.
(D) No person shall enter park areas designated by the City of Dublin as
environmentally protected areas without a permit from the City Manager or
designee.
('80 Code, § 951.02) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 6. Section 96.16 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.16 DEPOSIT OF MATERIAL; ENCROACHMENT INTO CITY -OWNED PROPERTY.
(A) No person shall deposit, discard, dump or leave behind any material of
any kind on any City- owned property, except materials arising from the normal
use and enjoyment of City -owned property and then only in receptacles which may
have been provided for this purpose.
(B) No person shall, deposit, discard, dump or leave behind any material,
including, but not limited to, paper, garbage, wood, ashes or yardwaste, or other
refuse which may blow, wash or be otherwise transported on any City -owned
property.
(C) No person shall place or permit to be placed in any City -owned waters
any noxious or destructive substance, either solid or liquid which may render such
waters harmful or detrimental to the public health or to animal and plant life.
1 (D) No person shall place, deposit, build, or construct any encroachment,
1 whether temporary or permanent, including but not limited to buildings, parking,
driveways, sidewalks, sheds, swimming pools, patios, decks, play structures or
other accessory structures, fences, antennae and basketball courts or other sport
courts, in, on, above, or below the City- owned property.
('80 Code, §951.03) (Ord. 39 -89, passed 6 -5 -89; Am. Ord. 32 -06, passed 6 -5 -06)
Penalty, see § 96.99
Section 7. Section 96.17 of the Codified Ordinances of the City of Dublin be
amended as follows:
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No.
20 -13
Page 4 of 9
Passed 20
96.17 ANIMAL REGULATIONS; HUNTING AND FISHING.
(A) Animal control.
(1) No person shall bring into, have or keep in a park any dog, cat or
other animal unless such animal is kept in a vehicle, suitably caged, in a
designated area; or restrained by a leash, except where a permit has been
obtained in advance from the City Manager or designee.
(2) No person being the owner or having charge of any animal on any
public or private property other than the property of the owner or person having
charge of such animal, shall fail to have in his possession a wood, plastic, or metal
device or other container for the purpose of picking up and properly disposing of
any fecal matter left by his /her animal. Failure of any such person to have in his
possession such suitable device or container is prima -facie evidence of a violation
of this section. No person shall fail to remove fecal matter left by his /her animal
within a reasonable amount of time by properly placing such refuse into a waste
receptacle.
(3) No person in a park shall ride or have under his control a horse
except in areas designated for such purpose.
(4) No person in a park shall ride a horse, where such is permitted, in
such a manner as to endanger the rider, the horse or any other person or any
property.
(5) No person in or adjacent to a park shall abandon any animal.
(6) No person shall herd, graze, drive or permit any animal to run at
large in a park except in areas designated for such purpose.
(B) Hunting and fishing.
(1) No person in a park shall hunt, capture, take, trap or in any other
way abuse, molest, injure, pursue or destroy any animal without a permit from the
City Manager or designee other than by fishing.
(2) No person in a park shall move, injure or destroy any bird nest or
egg or any animal habitation with the exclusion of wildlife or wildlife nuisance
management and with the consent of the City Manager or designee.
(3) No person in a park shall fish in park waters in violation of any sign
or signs prohibiting fishing or a manner thereof.
(4) No person in a park shall use nets, buckets, or methods other than
pole fishing to harvest from ponds which are solely contained within the City.
(5) No person in a park shall fish with other than hook or line and live or
artificial bait; and other than in accordance with the fishing laws of the State of
Ohio.
(6) Fishing is permitted without a license at City Ponds. Fishing in the
Scioto River and the direct tributaries are subject to the proper license and
regulations required by the State of Ohio.
('80 Code, §§ 951.04, 951.05) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
RECORD OF ORDINANCES
Blank Inc.
Form No. 30043
20 -13 Page 5 of 9
Ordinance No. Passed . 20
(C) Feeding Wildlife
No person shall feed any wild animal in any park or place food out
with the intention to feed wild animals in a park without having obtained a
permit from the City Manager or designee.
Section 8. Section 96.18 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.18 AEROSOL PAINT CANS.
No person in a park except an officer or the City Manager or designee shall
carry on or about his or her person a container capable of propelling paint by
means of a gaseous charge without having first obtained a permit from the City
Manager or designee.
('80 Code, § 951.06) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 9. Section 96.19 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.19 PERSONAL CONDUCT.
(A) No person in or adjacent to a park shall conduct herself /himself by work
or by act, in a riotous, disorderly boisterous or other manner so as to disturb the
peace and good order in a park.
(B) No person in or adjacent to a park shall operate or play a radio,
television set, musical instrument, amplifying of sound equipment, or operation of
a radio - controlled device so as to disturb the peace and good order in a park,
except where a permit has been obtained in advance from the City Manager or
designee.
(C) No person in a park shall solicit or procure participants for, engage in, or
promote any game which is played for money or other thing of value, except
where a permit has been obtained in advance from the City Manager or designee.
(D) No person in a park shall use insulting, abusive, threatening, profane, or
indecent language.
(E) No person in a park shall loiter in the vicinity of a toilet and no person
over the age of six shall enter the toilet facilities provided for the exclusive use of
the opposite sex.
(F) No person in a park shall willfully resist, obstruct or abuse an officer or
City Manager or designee while such officer or City Manager or designee is
engaged in the execution of her /his office.
(G) No person in a park shall assault or commit bodily injury upon another
or engage in or abet or aid in any fight, quarrel or other disturbance.
(H) No person or groups of persons shall assemble in or adjacent to a park
for any unlawful purpose or in riotous assemblage or with intent to annoy, harass,
or inflict property damage or bodily injury upon another person or persons or
inflict damage to a park.
(I) No person in a park shall solicit or attempt to solicit another to engage
in an act of sex perversion or solicit or request another to commit, perform or
RECORD OF ORDINANCES
Day ton Legal Blank, Inc. Form No. 30043
20 -13 Page 6 of 9
Ordinance No. Passed . 20
engage in any lewd, lascivious, obscene or indecent act of behavior.
(J) No person in a park shall appear in a state of nudity or commit, perform
or engage in any lewd, lascivious, obscene, illicit, carnal or indecent act of
behavior and no person shall make any indecent exposure of her or his person.
(K) No person in a park shall openly display, sell, offer for sale, or be under
the influence of intoxicating liquors or alcoholic beverages in a park; such
beverages openly displayed, sold, or offered for sale in a park may be confiscated
by an officer or the City Manager or designee.
(L) No person in a park shall sell, offer for sale, possess, receive, use,
administer to his or herself or others, be under the influence of or possess any
equipment for administering any narcotic drug, opiate, hallucinogen, amphetamine
or barbiturate except as provided by law. Narcotic drugs, opiates, hallucinogens,
amphetamines or barbiturates in a park may be confiscated by an officer or City
Manager or designee, excepting those as provided by law.
(M) No person shall operate a skateboard, roller- skate, in -line- skate, bicycle
or other human powered means of conveyance in a park in such a way as to cause
damage to park property or public fixtures not designated for such uses. Such
park properties or public fixtures not designated for such uses include but are not
limited to benches, curbs, railings, planters, pavilions, picnic tables, basketball
courts, tennis courts, buildings, art or any other structure not intended for such
use.
('80 Code, § 951.07) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 10. Section 96.20 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.20 FIRES.
(A) No person in a park shall start or maintain a fire except in a place or at a
site designated for this purpose.
(B) No person in a park shall start or maintain a fire for the purposes of
cooking or grilling food except in a place or at a site designated for this purpose.
(C) No person in a park shall build a fire at a time or period when the City
Manager or designee has prohibited the building of fires.
('80 Code, § 951.08) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 11. Section 96.21 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.21 CAMPING.
No person in a park shall establish or maintain any camp or other temporary
lodging or sleeping place within a park without a permit from the City Manager or
designee.
('80 Code, § 951.09) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 12. Section 96.22 of the Codified Ordinances of the City of Dublin be
amended as follows:
RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
20 -13 Page 7 of 9
Ordinance No. Passed . 20
96.22 SWIMMING, WADING, BOATING AND ICE SKATING.
No person in a park shall engage in the activities of swimming, wading,
boating, or ice skating in areas or at times which have not been set aside for these
purposes by appropriate signage.
('80 Code, § 951.10) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 13. Section 96.23 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.23 FIREARMS, WEAPONS, FIREWORKS AND EXPLOSIVES.
(A) No person in a park except officers or the City Manager or designee shall
carry on his or her person knives, bows and arrows, crossbows, air and gas guns,
paintball guns, missiles or missile- throwing devices, or other dangerous weapons
without having first obtained a permit from the City Manager or designee.
(B) No person except officers or the City Manager or designee shall
discharge into a park an arrow, air or gas gun, missile, slingshot or any missile -
throwing device without having first obtained a permit from the City Manager or
designee.
(C) No person in a park except officers or the City Manager or designee shall
shoot an arrow or discharge an air or gas gun, missile or slingshot without having
first obtained a permit from the City Manager or designee.
(D) Unauthorized bows and arrows, knives, air or gas guns, missiles,
slingshots or other missile- throwing devices or any snares or traps in a park may
be confiscated by officers or the City Manager or designee.
(E) No person in a park shall have in his or her possession any fireworks or
explosives or shall cause any fireworks or explosives to ignite or detonate without
having first obtained a permit from the City Manager or designee.
(F) The foregoing provisions of this section do not apply to firearms as
defined in Section 2923.11 of the Ohio Revised Code, and nothing in this section
shall be construed as a limitation on an individual's right to keep and bear arms
under federal or state law.
('80 Code, §§ 951.11, 951.16) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 14. Section 96.24 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.24 COMMERCIAL ACTIVITIES.
(A) No person in a park shall sell or offer for sale any article, privilege or
service without having first obtained a permit from the City Manager or designee.
(B) No person in a park shall beg, peddle or solicit for money, a privilege or
a service.
('80 Code, § 951.12) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 15. Section 96.25 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.25 ERECTING AND ATTACHING SIGNS.
No person in a park shall erect a sign or attach a sign to property owned or
RECORD OF ORDINANCES
Dayton Legal Bla nk, Inc. Form No. 30043
20 -13 Page 8 of 9
Ordinance No. Passed . 20
controlled by the City, nor shall any person display any placard, notice,
advertisement, circular, banner or statement of any other kind other than a
permanent sign on a vehicle without a permit from the City Manager or designee.
('80 Code, § 951.13) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 16. Section 96.26 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.26 UNAUTHORIZED STRUCTURES.
No person in a park shall construct, erect, or in any other way build any
structure without a permit from the City Manager or designee. These
unauthorized structures include but are not limited to: tents, inflatable structures,
fencing, stages, portable bathrooms, and corrals.
('80 Code, § 951.15) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 17. Section 96.27 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.27 VEHICLE REGULATIONS.
(A) No person in a park except officers or the City Manager or designee shall
operate any motor vehicle in or on any portion of a park not designated as a park
drive nor shall any person park any motor vehicle in or on any other portion of a
park not designated as a parking area without having first obtained a permit from
the Director City Manager or designee.
(B) No person in a park shall operate a snowmobile or an unlicensed motor
vehicle of any kind except in designated areas.
(C) No person in a park shall operate a vehicle in such a manner as to
endanger the operator or any other person or any property.
(D) No person in a park except officers or the City Manager or designee
shall drive around, cause to be moved or damage any barricades or barrier so
placed to temporarily or permanently close a road to traffic.
(E) No person in a park shall operate a vehicle in excess of the posted speed
limit.
(F) No person shall leave a vehicle in a park during the hours when a park is
closed without having first obtained a permit from the City Manager or designee.
(G) Vehicles in parks in violation of these rules and regulations shall be
removed or cause to be removed by officers to a location, in or outside of a park,
where the same may be kept until the owners or their authorized representatives
obtain an order from the City Manager or designee or her /his representative
releasing such vehicles to the owners thereof or their authorized representatives.
The City shall not be responsible for any fee, charge or damage arising from such
impoundment.
(H) No person in a park shall accelerate a motor vehicle causing the rubber
tires to mark or deface park roadway surfaces.
(I) No person shall operate any motorized bicycle, motorcycle, or other
motor vehicle anywhere within the limits of any public park within the City, except
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form N o. 30043
20 -13 Page 9 of 9
Ordinance No. Passed 20
on public streets or roadways, parking areas or other paved or graveled areas
unless permission by the City for operation of such motorized vehicles in such
other areas has clearly been posted.
('80 Code, § 951.17) (Ord. 39 -89, passed 6 -5 -89)
Section 18. Section 96.28 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.28 PERMITS FOR ORGANIZED EVENTS AND ACTIVITIES.
Any person or party intending to organize, promote, or stage a recreational,
athletic, or social event in a park or recreation area must seek a permit from the
City Manager or designee. Such permits shall be issued at the discretion of the
City Manager or designee.
Section 19. Section 96.99 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.99 PENALTY.
(A) Whoever violates §§ 96.03, 96.16(A), (B), or (C), 96.17(A), 96.18, 96.21
or 96.24 through 96.27 is guilty of a fourth degree misdemeanor. ('80 Code, §§
951.03, 951.14(b), 951.05(g), 951.06(b), 951.09(b), 951.12(c), 951.13, 951.15,
951.17, 331.41(b)) (Ord. 60 -80, passed 9 -8 -80; Ord. 39 -89, passed 6 -5 -89; Am.
Ord. 32 -06, passed 6 -5 -06)
(B) Whoever violates §§ 96.15, 96.17(8), 96.19, 96.20, 96.22 or 96.23 is
guilty of a first degree misdemeanor. ('80 Code, § 951.02(d), 951.04(d),
951.07(m), 951.08(c), 951.10(b), 951.11(e), 951.16(b)) (Ord. 39 -89, passed 6 -5-
89)
(C) Whoever violates § 96.16(D) is guilty of a first degree misdemeanor.
Each day on which a violation occurs or continues shall be deemed a separate
offense. (Ord. 32 -06, passed 6 -5 -06)
Section 20. This Ordinance shall take effect and be in force from and after the
earliest date permitted by law.
Passed thisA day of .��C -.J r 2013.
QCf f-h7 Mayor - PresPnd Officer
ATTEST:
Clerk of Council
City of Dublin
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614-410-4400 • Fax: 614-410-4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager /
Date: March 7, 2013 7; f
Initiated By: Fred Hahn, Director of Parks & Open Space
Memo
Re: Ordinance 20 -13 - Revisions to Chapter 96 (Parks and Recreation) of the Dublin
Codified Ordinances
Background
Staff is proposing changes to Chapter 96 of the Codified Ordinances regarding Parks and
Recreation. Many sections of Chapter 96 have become outdated over the last 20 -30 years and
warrant revision. The proposed changes aim to better support the quality, safety, and longevity of
the park system in Dublin.
Staff requests consideration of the following content:
• Elimination of the provision outlining the duties of the recreation director (Section 96.02)
• Replaces `Director" with "City Manager or designee"
Provision allowing the City Manager or designee to close a park when necessary (Section
96.03)
Provision allowing the City Manager to adopt rules for the management of parks (Section
96.04)
• Recognizes that the regulations related to firearms are not intended to apply to firearms as
defined in the Ohio Revised Code Section 2923.11 and not intended to place a limitation on
an individual's right to bear arms (Section 96.23, Provision F)
• Requirements for vehicles to remain on designated paths or recreational areas and
prohibition of entering environmentally protected areas (Section 96.15, Provision D)
• Requirements regarding the removal of animal waste (Section 96.17, Provision A, Article 2)
Prohibition of feeding wildlife (Section 96.17, Provision C)
• Prohibits the use of recreational vehicles in a manner that damages park property (Section,
96.19, Provision M)
• Requires that any person or party organizing an event or activity in a park or recreation
area must seek a permit issued by the City Manager or designee (Section 96.28)
In addition, the revised Chapter 96 addresses the concerns raised about fishing in the community
with the addition of the following content:
• Prohibiting the use of nets, buckets, or methods other than pole fishing (Section 96.17,
Provision B, Article 4)
• Prohibiting fishing with other than hook or line and live or artificial bait (Section 96.17,
Provision B, Article 5)
• Permitting fishing without a license in City Ponds (Section 96.17, Provision B, Article 6)
• Outlining fishing regulations in the Scioto River and the direct tributaries in accordance with
the proper laws and regulations required by the State of Ohio (Section 96.17, Provision B,
Article 6).
Memo re. Ord. 20 -13 - Revision to Chapter 96: Parks and Recreation of the Codified Ordinances
March 7, 2013
Page 2 of 2
The proposed changes have been reviewed by Legal staff. Additionally, the Parks and Recreation
Advisory Commission has reviewed portions of the proposed updates.
Recommendation
Staff recommends adoption of the proposed changes to Chapter 96 of the Dublin Codified
Ordinances at the second reading /public hearing on March 25, 2013. Please contact Fred Hahn
should you have any questions.
20 -13
AN ORDINANCE AMENDING VARIOUS
PORTIONS OF CHAPTER 96, PARKS AND
RECREATION, OF THE DUBLIN CODIFIED
ORDINANCES
WHEREAS, the Dublin City Council desires to modify various portions of
Chapter 96 of the Dublin Codified Ordinances to allow efficient management of
the City's parks resources; and
WHEREAS, it is necessary to make adjustments to the various portions of the
Chapter 96 to comply with recent changes in the Ohio Revised Code related to
individual's right to keep and bear arms, including possession of firearms in
public parks; and
WHEREAS, the Dublin City Council desires to clarify animal regulations for
fishing activity and feeding of wildlife in parks; and
WHEREAS, it is necessary to update various portions of Chapter 96 of the
Dublin Codified Ordinances to incorporate housekeeping changes that are
required from time to time; and
WHEREAS, the Parks and Recreation Advisory Commission has reviewed a
portion of the proposed changes in their advisory role to the Dublin City
Council.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, of the elected members concurring that:
Section 1. Section 96.01 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
AIR OR GAS GUNS. Any rifle or pistol powered by spring - piston, gas
spring, pneumatic device, or any other gaseous propellant including carbon
dioxide (CO
ANIMAL or ANIMALS. Includes, but is be not limited to, quadrupeds,
birds, fish, reptiles, amphibians, crustaceans, mollusks and insects.
CITY -OWNED PROPERTY. For the purpose of this chapter, city-owned
property shall include any real property and public parkland owned by the
city, not including easements held or used by the city.
DIR r)n Th D e t f n . ! an d R ecrea ti n ..f `e rti, of Dublin,
Gbfe.
FISH or FISHING. Taking or attempting to take fish by any method, and
all other acts such as placing, setting, drawing or using any device
commonly used to fish whether resulting in such taking or not.
MANAGER. The City Manager of the City of Dublin, Ohio or designee
20 -13 Page 2
MOTOR VEHICLE. Any vehicle propelled or drawn by power other than
muscular power.
OFFICER. A Dublin Police Division Officer or Code Enforcement Officer
of the City of Dublin, Ohio.
PARK. Any land or water area owned, leased or otherwise controlled by
the City of Dublin, Ohio for recreational open space or similar and related
purposes.
PARK WATERS. Any lake, pond, reservoir, stream, pool, channel,
lagoon, or other body of water, or any part thereof, whether natural or
artificial, located in or adjoining a park.
VEHICLE. Every conveyance with wheels, treads or other means of
locomotion.
('80 Code, § 951.01) (Ord. 39 -89, passed 6 -5 -89; Am. Ord. 32 -06, passed 6-
5-06)
Section 2. Section 96.02 of the Codified Ordinances of the City of Dublin be
amended as follows:
•. • �.
•_ • ■ ■ ■ • . , rte. ■ . r �.
`Vt�■i�.■� 4w.�
/.7 .. .. �AI�T7T7Cf1TJ .RS�:7.11(/- 1'*3�Rf[77T7.7. .
('80 Code, § 143.01) (Ord. 25 -79, passed 3- 10 -79)
§ 96.023 HOURS OF OPERATION.
(A) No person shall enter or remain in a park except during the hours of
a legally permitted activity, those hours in Dublin, Ohio, being from
dawn to dusk.
20 -13
Page 3
(B) The City Manager or designee may
grant permission to enter or remain in a park after dusk and before
dawn when reasonable.
Section 3. Section 96.03 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.03 PARK CLOSURE.
The City Manager or designee, has authority to close a park to the
public for a limited time for any reasonable consideration. No person shall
enter a closed park when there is a sign at the entrance to a park indicates
such restriction.
Penalty, see §96.99
Section 4. Section 96.04 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.04 CITY MANAGER MAY ISSUE RULES.
(A) The City Manager may adopt rules for the administration and
management of city parks, recreation areas, and open space, to include all
structures, facilities and land therein. The City Manager may adopt rules,
including, without limitation, for:
(1) Preservation of property, vegetation, wildlife, signs, markers,
buildings or other structures, and any object of scientific or historic value or
interest;
(2) Restriction on or limitation of the use of any parks, recreation
areas, and open space according to time, type, and manner of activities;
(3) Prohibition of conduct that may reasonably be expected to
interfere substantially with the use and enjoyment of parks, parkways,
recreation areas, and open space by the general public or that constitutes a
nuisance;
(4) Maintenance of reasonable and necessary sanitation, health, and
safe
(5) Other requirements that are reasonable and necessary for the
preservation and management of parks, parkways, recreation areas, and
open space.
(B ) No person shall violate any rule issued by the City Manager under
this section.
Section 5. Section 96.15 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.15 REMOVAL OR DESTRUCTION OF PROPERTY AND NATURAL
FEATURES.
(A) No person in a park shall remove any property, natural feature or
part thereof ineluded- including but not limited to, any building, equipment,
sign, rock, stone, mineral formation, earth, wood, tree, shrub, flower, plant,
nut or other seed from a park without a permit from the Director Qty
Manager or designee.
(B) No person in a park shall injure, destroy, break, cut, chop, write
upon, mutilate, set fire to, deface, dig, paint or damage in any manner any
property, natural feature or part thereof, including but not limited to, any
building, equipment, sign, rock, stone, mineral formation, earth, wood, tree,
20 -13 Page 4
shrub, flower or plant.
(C) No person in a park shall impound or cause to be impounded any
park water or in any other way alter or affect the natural flow of such
waters without a permit from the Director City Manager or designee.
(D) No person shall enter park areas designated by the City of Dublin
as environmentally protected areas without a permit from the City Manager
or designee.
('80 Code, § 951.02) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 6. Section 96.16 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.16 DEPOSIT OF MATERIAL; ENCROACHMENT INTO CITY -OWNED
PROPERTY.
(A) No person shall deposit, discard, dump or leave behind any
material of any kind on any city- owned property, except materials arising
from the normal use and enjoyment of city-owned property and then only in
receptacles which may have been provided for this purpose.
(B) No person shall, , deposit,
discard, dump or leave behind any nexlebis eF waste material, including, but
not limited to, paper, garbage, wood, ashes or yardwaste, or other refuse
which may blow, wash or be otherwise transported on any city-owned
property.
(C) No person in shall place or
permit to be placed in any city-owned waters any noxious or destructive
substance, either solid or liquid which may render such waters harmful or
detrimental to the public health or to animal and plant life.
(D) No person en eF aElJaeei9t te any eity ewned prepeFty shall place,
deposit, build, or construct any encroachment, whether temporary or
permanent, including but not limited to buildings, parking, driveways,
sidewalks, sheds, swimming pools, patios, decks, play structures or other
accessory structures, fences, antennae and basketball courts or other sport
courts, in, on, above, or below the city- owned property.
('80 Code, §951.03) (Ord. 39 -89, passed 6 -5 -89; Am. Ord. 32 -06, passed 6-
5-06) Penalty, see § 96.99
Section 7. Section 96.17 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.17 ANIMAL REGULATIONS; HUNTING AND FISHING.
(A) Animal control.
(1) No person shall bring into, have or keep in a park any dog, cat
or other animal unless such animal is kept in a vehicle, suitably caged, in a
designated area or restrained by a leash, in su a manneFa5r
times, the persen's erentriell at all' except where as permit der issier� has been
obtained in advance in wfiting from the Direeter City Manager or designee
(2) No person being the owner or having charge of any animal on
any public or private property other than the property of the owner or
20 -13 Page 5
person having charge of such animal, shall fail to have in his possession a
wood, plastic, or metal device or other container for the purpose of picking
up and properly disposing of any fecal matter left by his /her animal. Failure
of any such person to have in his possession such suitable device or
container is prima -facie evidence of a violation of this section. No person
shall fail to remove fecal matter left by his /her animal within a reasonable
amount of time by properly placing such refuse into a waste receptacle.
(3) No person in a park shall ride or have under his control a horse
except in areas designated for such purpose.
(4) No person in a park shall ride a horse, where such is
permitted, in such a manner as to endanger the rider, the horse or any
other person or any property.
(5) No person in or adjacent to a park shall abandon any animal.
(6) No person shall herd, graze, drive or permit any animal to run
at large in a park except in areas designated for such purpose.
(B) Hunting and fishing.
(1) No person in a park shall hunt, capture, take, trap or in any
other way abuse, molest, injure, pursue or destroy any animal without a
permit from the Bireeter City Manager or designee other than by fishing.
(2) No person in a park shall move, injure or destroy any bird nest
or egg or any animal habitation with the exclusion of wildlife or wildlife
nuisance management and with the consent of the City Manager or
designee
(3) No person in a park shall fish in park waters in violation of any
sign or signs prohibiting fishing or a manner thereof.
(4) No person in a park shall use nets, buckets, or methods other
than pole fishing to harvest from ponds which are solely contained within
the City.
(5) No person in a park shall fish with other than hook or line and
live or artificial bait; and other than in accordance with the fishing laws of
the State of Ohio.
(6) Fishing is permitted without a license at City Ponds. Fishing in
the Scioto River and the direct tributaries are subject to the proper license
and regulations required by the State of Ohio.
('80 Code, §§ 951.04, 951.05) (Ord. 39 -89, passed 6 -5 -89) Penalty, see §
96.99
( Feeding Wildlife
No person shall feed any wild animal in any park or place food
out with
the intention to feed wild animals in a park without having obtained a permit
from the City Manager or designee.
20 -13 Page 6
Section S. Section 96.18 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.18 AEROSOL PAINT CANS.
No person in a park except an officer or the
City Manager or designee shall carry on or about his or her person a
container capable of propelling paint by means of a gaseous charge without
having first obtained a permi t wFitten peFfnissien from the Direeter City
Manager or designee
('80 Code, § 951.06) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 9. Section 96.19 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.19 PERSONAL CONDUCT.
(A) No person in or adjacent to a park shall conduct herself /himself by
work or by act, in a riotous, disorderly boisterous or other manner so as to
disturb the peace and good order in a park.
(B) No person in or adjacent to a park shall operate or play a radio,
television set, musical instrument, amplifying of sound equipment, or
operation of a radio - controlled device so as to disturb the peace and good
order in a park except where a permit has been obtained in advance from
the City Manager or designee
(C) No person in a park shall solicit or procure participants for, engage
in, or promote any game which is played for money or other thing of value,
except where a permi t permissien has been obtained in advance in writing
from the Direeter City Manager or designee
(D) No person in a park shall use insulting, abusive, threatening,
profane, or indecent language.
(E) No person in a park shall loiter in the vicinity of a toilet and no
person over the age of six shall enter the toilet facilities provided for the
exclusive use of the opposite sex.
(F) No person in a park shall willfully resist, obstruct or abuse an
officer or D treeter City Manager or designee while such officer or Direeter
City Manager or designee is engaged in the execution of her /his office.
(G) No person in a park shall assault or commit bodily injury upon
another or engage in or abet or aid in any fight, quarrel or other
disturbance.
(H) No person or groups of persons shall assemble in or adjacent to a
park for any unlawful purpose or in riotous assemblage or with intent to
annoy, harass, or inflict property damage or bodily injury upon another
person or persons or inflict damage to a park.
(I) No person in a park shall solicit or attempt to solicit another to
engage in an act of sex perversion or solicit or request another to commit,
perform or engage in any lewd, lascivious, obscene or indecent act of
behavior.
(3) No person in a park shall appear in a state of nudity or commit,
20 -13 Page 7
perform or engage in any lewd, lascivious, obscene, illicit, carnal or indecent
act of behavior and no person shall make any indecent exposure of her or
his person.
(K) No person in a park shall openly display, sell, offer for sale, or be
under the influence of intoxicating liquors or alcoholic beverages in a park;
such beverages openly displayed, sold, or offered for sale in a park may be
confiscated by an officer or D ireeter the City Manager or designee
(L) No person in a park shall sell, offer for sale, possess, receive, use,
administer to his or herself or others, be under the influence of or possess
any equipment for administering any narcotic drug, opiate, hallucinogen,
amphetamine or barbiturate except as provided by law. Narcotic drugs,
opiates, hallucinogens, amphetamines or barbiturates in a park may be
confiscated by an officer or D ireeter City Manager or designee excepting
those as provided by law.
(M) No person shall operate a skateboard, roller- skate, in -line- skate,
bicycle or other human powered means of conveyance in a park in such a
way as to cause damage to park property or public fixtures not designated
for such uses. Such park properties or public fixtures not designated for
such uses include but are not limited to benches, curbs, railings planters
pavilions, picnic tables, basketball courts, tennis courts, buildings, art or any
other structure not intended for such use.
('80 Code, § 951.07) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 10. Section 96.20 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.20 FIRES.
(A) No person in a park shall start or maintain a fire except in a place
or at a site designated for this purpose.
(A) No person in a park shall start or maintain a fire for the purposes
of cooking or grilling food except in a place or at a site designated
for this purpose.
(C) (8) No person in a park shall build a fire at a time or period when
the Direeter City Manager or designee has prohibited the building of fires.
('80 Code, § 951.08) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 11. Section 96.21 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.21 CAMPING.
No person in a park shall establish or maintain any camp or other
temporary lodging or sleeping place within a park without a permit from the
Direeter City Manager or designee
('80 Code, § 951.09) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 12. Section 96.22 of the Codified Ordinances of the City of Dublin
be amended as follows:
20 -13
96.22 SWIMMING, WADING, BOATING AND ICE SKATING.
No person in a park shall engage in the activities of swimming, wading,
boating, or ice skating in areas or at times which have not been set aside for
these purposes by appropriate signage.
('80 Code, § 951.10) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 13. Section 96.23 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.23 FIREARMS, WEAPONS, FIREWORKS AND EXPLOSIVES.
(A) No person in a park except officers or the Direeter City Manager
or designee shall carry on his or her person ,
knives, bows and arrows, crossbows, air and gas guns, paintball guns,
missiles or missile- throwing devices, or other dangerous weapons without
having first obtained a permi t written perngissieR from the Direeter CCU
Manager or designee
(B) No person except officers or the Direeter City Manager or
designee shall discharge into a park an firearm, arrow, air or gas gun,
missile, slingshot or any missile- throwing device without having first
obtained a permit written permissien from the D+reeter City Manager or
designee
(C) No person in a park except officers or the DireEter City Manager
or designee shall shoot an arrow or discharge an fireaRl3, air or gas gun,
missile or slingshot without having first obtained a permi t written perfflissieR
from the Direeter City Manager or designee
(D) F'reaFFfl Unauthorized bows and arrows, knives, air or gas guns,
missiles, slingshots or other missile- throwing devices or any snares or traps
in a park may be confiscated by officers or the Direeter City Manager or
designee
(E) No person in a park shall have in his or her possession any
fireworks or explosives or shall cause any fireworks or explosives to ignite or
detonate without having first obtained in writing a permit from the Direeter
City Manager or designee
(F) The foregoing provisions of this section do not apply to firearms as
defined in Section 2923.11 of the Ohio Revised Code, and nothing in this
section shall be construed as a limitation on an individual's right to keep and
bear arms under federal or state law.
('80 Code, §§ 951.11, 951.16) (Ord. 39 -89, passed 6 -5 -89) Penalty, see §
96.99
Section 14. Section 96.24 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.24 COMMERCIAL ACTIVITIES.
(A) No person in a park shall sell or offer for sale any article, privilege
or service without having first obtained a permit wFitteR permission from the
Direeter City Manager or designee
20 -13
Page 9
(B) No person in a park shall beg, peddle or solicit for money, a
privilege or a service.
('80 Code, § 951.12) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 15. Section 96.25 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.25 ERECTING AND ATTACHING SIGNS.
No person in a park shall erect a sign or attach a sign to property
owned or controlled by the city, nor shall any person display any placard,
notice, advertisement, circular, banner or statement of any other kind other
than a permanent sign on a vehicle without a permit from the Direeter C
Manager or designee
('80 Code, § 951.13) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 16. Section 96.26 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.26 UNAUTHORIZED STRUCTURES.
No person in a park shall construct, erect, or in any other way build
any structure without a permit from the DiFeeter City Manager or designee
These unauthorized structures include but are not limited to: tents,
inflatable structures, fencing stages, portable bathrooms, and corrals.
('80 Code, § 951.15) (Ord. 39 -89, passed 6 -5 -89) Penalty, see § 96.99
Section 17. Section 96.27 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.27 VEHICLE REGULATIONS.
(A) No person in a park except officers or the City Manager or
designee shall operate any motor vehicle in or on any portion of a park not
designated as a park drive nor shall any person park any motor vehicle in or
on any other portion of a park not designated as a parking area without
having first obtained a permit from the Director City Manager or designee
(B) No person in a park shall operate a snowmobile or an unlicensed
motor vehicle of any kind except in designated areas.
(C) No person in a park shall operate a vehicle in such a manner as to
endanger the operator or any other person or any property.
(D) No person in a park except officers or the City Manager or
designee shall drive around, cause to be moved or damage any barricades
or barrier so placed to temporarily or permanently close a road to traffic.
(E) No person in a park shall operate a vehicle in excess of the posted
speed limit.
(F) No person shall leave a vehicle in a park during the hours when z
park is closed without having first obtained a permit from the City Manager
or designee
20 -13 Page 10
(G) Vehicles in parks in violation of these rules and regulations shall
be removed or cause to be removed by officers to a location, in or outside of
a park, where the same may be kept until the owners or their authorized
representatives obtain an order from the Direeter City Manager or designee
or her /his representative releasing such vehicles to the owners thereof or
their authorized representatives. The city shall not be responsible for any
fee, charge or damage arising from such impoundment.
(H) No person in a park shall accelerate a motor vehicle causing the
rubber tires to mark or deface park roadway surfaces.
('80 Code, § 951.17) (Ord. 39 -89, passed 6 -5 -89)
(I) No person shall operate any motorized bicycle, motorcycle, or
other motor vehicle anywhere within the limits of any public park within the
city, except on public streets or roadways, parking areas or other paved or
graveled areas unless permission by the city for operation of such motorized
vehicles in such other areas has clearly been posted. ('80 Code, § 331.41)
(Ord. 60 -80, passed 9 -8 -80)
Penalty, see § 96.99
Section 18. Section 96.28 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.28 PERMITS FOR ORGANIZED EVENTS AND AC TIVITIES.
Any person or party intending to organize, promote, or stage a
recreational, athletic, or social event in a park or recreation area must seek
a permit from the City Manager or designee Such permits shall be issued at
the discretion of the City Manager or designee.
Section 19. Section 96.99 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.99 PENALTY.
(A) Whoever violates §§ 96.03, 96.16(A), (B), or (C), 96.17(A), 96.18,
96.21 or 96.24 through 96.27 is guilty of a fourth degree misdemeanor.
('80 Code, §§ 951.03, 951.14(b), 951.05(g), 951.06(b), 951.09(b),
951.12(c), 951.13, 951.15, 951.17, 331.41(b)) (Ord. 60 -80, passed 9 -8 -80;
Ord. 39 -89, passed 6 -5 -89; Am. Ord. 32 -06, passed 6 -5 -06)
(B) Whoever violates §§ 96.15, 96.17(8), 96.19, 96.20, 96.22 or
96.23 is guilty of a first degree misdemeanor. ('80 Code, § 951.02(d),
951.04(d), 951.07(m), 951.08(c), 951.10(b), 951.11(e), 951.16(b)) (Ord.
39 -89, passed 6 -5 -89)
WON-
Penalty, see § 96.99
Section 18. Section 96.28 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.28 PERMITS FOR ORGANIZED EVENTS AND AC TIVITIES.
Any person or party intending to organize, promote, or stage a
recreational, athletic, or social event in a park or recreation area must seek
a permit from the City Manager or designee Such permits shall be issued at
the discretion of the City Manager or designee.
Section 19. Section 96.99 of the Codified Ordinances of the City of Dublin be
amended as follows:
96.99 PENALTY.
(A) Whoever violates §§ 96.03, 96.16(A), (B), or (C), 96.17(A), 96.18,
96.21 or 96.24 through 96.27 is guilty of a fourth degree misdemeanor.
('80 Code, §§ 951.03, 951.14(b), 951.05(g), 951.06(b), 951.09(b),
951.12(c), 951.13, 951.15, 951.17, 331.41(b)) (Ord. 60 -80, passed 9 -8 -80;
Ord. 39 -89, passed 6 -5 -89; Am. Ord. 32 -06, passed 6 -5 -06)
(B) Whoever violates §§ 96.15, 96.17(8), 96.19, 96.20, 96.22 or
96.23 is guilty of a first degree misdemeanor. ('80 Code, § 951.02(d),
951.04(d), 951.07(m), 951.08(c), 951.10(b), 951.11(e), 951.16(b)) (Ord.
39 -89, passed 6 -5 -89)
20 -13
Page i l
(C) Whoever violates § 96.16(D) is guilty of a first degree
misdemeanor. Each day on which a violation occurs or continues shall be
deemed a separate offense. (Ord. 32 -06, passed 6 -5 -06)
Section 20. This Ordinance shall take effect and be in force from and after
the earliest date permitted by law.
Passed this day of 2013.
Mayor - Presiding Officer
ATTEST:
Clerk of Council