PARKS AND RECREATION*

Transcription

1 Chapter 14 PARKS AND RECREATION* Article I. In General Sec Appointment of trustees of Walter H. Coe Park Fund. Secs Reserved. Article II. Beach and Recreation Commission Division 1. Generally Sec Established; members. Sec Organization; adoption of bylaws, rules, regulations. Sec Function, powers. Sec Employment of supervisor, other personnel. Sec Operation of concessions. Sec Budget, funding. Sec Reports. Sec Violation of bylaws, rules, regulations. Sec Scope of powers. Secs Reserved. Division 2. Rules and Regulations Sec Scope. Sec Properties designated as public park and beach facilities. Sec Admission to facilities. Sec Activities requiring permits. Sec Prohibited activities. Sec Boating, boat storage. Sec Parking regulations. Sec Speed limit. Secs Reserved. Article III. Braemore Property Sec Definition. Sec Prohibited acts. Sec Penalties for violations. Secs Reserved. Article IV. Rockland Preserve Sec Rockland Preserve. Secs Reserved. Article V. Bauer Park Sec Establishment of a permanent governance committee to oversee park management. Secs Reserved. *Cross references-planning, Ch. 15; shellfish, Ch. 17. State law references-authority to provide for entertainment, amusements, concerts, celebrations and cultural activities, G.S (c)(4)(C); authority to establish, etc., parks, playgrounds, etc., G.S (c)(6)(A)(i). Supp. No

2 MADISON CODE Article VI. Madison Salt Meadow Park Sec Establishment of a permanent governance committee to oversee park management. Secs Reserved. Sec Article VII. Fields Advisory Committee Establishment of a permanent committee to provide guidance in the management of playing fields. Supp. No

3 PARKS AND RECREATION close admission to any or all of the public park and beach facilities. Unless otherwise posted by the commission, all public park and beach facilities shall be closed to the public between sunset and sunrise. (Ord. of , l(a); Ord. of ) Sec Activities requiring permits. The following listed activities may be conducted in public park and beach facilities by permit only. Permits shall be obtained at the recreation department office during regular business hours. (1) Meetings, exhibitions, parades, athletic contests and theatrical performances; (2) Picnics, outings or similar group gatherings involving morn than fifty (50) persons; (3) Camping or the erection of any tent or shelter; (4) Fires will not be permitted except in grills at Surf Club and Garvan Point picnic areas; (5) The use and operation of mechanically powered model airplanes, rockets, boats and miniature vehicles; (6) The possession or use of any firearm, weapon, explosive or other dangerous device; (7) The landing or takeoff of any aircraft; (8) The sale of food, beverages or merchandise; (9) Alcoholic beverage consumption within beach and recreation buildings. The purpose of this subsection is to permit the consumption of alcoholic beverages within town buildings under the control and management of the beach and recreation commission by permit only. (Ord. of , 1 (B); Ord. of ; Ord. of ; Ord. of ) Sec Prohibited activities. The following activities are prohibited at all public park and beach facilities within the town: (1) The consumption of alcoholic beverages except within the following designated area: the picnic area adjacent to the westerly side of the Surf Club building between the road and the seawall extending westerly to the east side of the boat racks between Memorial Day weekend and Labor Day weekend; (2) The removal of or damage to any plant life; (3) The hunting, killing or trapping of any animal; ( 4) The possession of or use of glass beverage containers; (5) Depositing refuse, garbage or other forms oflitter other than in receptacles provided by the commission; (6) The use of threatening, abusive or insulting language; (7) Nudity or obscene conduct; (8) The throwing of stones or other objects not intrinsic to a sport; the throwing of any object upon or across beach areas; (9) The soliciting of alms, subscriptions or contributions for any purpose; (10) Interference with or obstruction of the passage of others upon sidewalks, pathways and roads; (11) The climbing of any wall, fence, building or other structure; (12) Diving from wharves, docks or vehicles; (13) Fishing except in areas designated by the commission; (14) Water skiing from or to beaches except in areas designated by the commission; (15) Dressing or undressing in vehicles or at any location on public park and beach property except in dressing rooms provided by the commission; (16) The use of inflatable toys, raft-type devices, small boats or similar flotation devices within the swimming areas along the public beaches; (17) The operation of motorized vehicles on any beach; Supp. No

4 14-55 MADISON CODE (18) Golfing within the public beach and recreational areas and athletic fields. (19) Animals must be on a leash and are allowed only in the parking areas of Surf Club, East Wharf and West Wharf and on the nature trails of the Surf Club. At no time shall animals be allowed on any athletic field, beach or in a picnic area. Animals are allowed, on leash, through the year at Bauer Park, Rockland Preserve and portions of the Madison Salt Meadow Park. (20) Bicycles, skateboards or skates on decks, boardwalks, basketball and/or tennis courts. (21) Tobacco use prohibited in outdoor recreational facilities. No person shall use any form of tobacco or electronic smoking devices at or on any Madison owned or operated outdoor recreational facilities, including the restrooms, parking lots, and spectator and concession areas, except in designated smoking areas. These facilities include all Madison parks, athletic fields, beaches, trails, parking lots, and playgrounds. (Ord. of , 1 (C); Ord. of ; Ord. of ; Ord. of ) Editor's note-"as yet unnamed property of the former Griswold Airport" was changed to "Madison Salt Meadow Park" by direction of the town. Sec Boating, boat storage. (a) No water skiing is permitted from the town beaches or within one hundred (100) yards of town beaches. (b) Boats of all kinds-power, sail and rowboats-are not allowed within one hundred (100) yards of town beaches, except in designated areas, and when in these designated areas speeds must not exceed six (6) miles per hour. (c) The designated landing areas for boats will be the east sides of East and West Wharf Beaches and for nonpower boats only the area west of Garvan Point Rock (Surf Club beach area). No boats will be allowed to land, pick up or discharge passengers in the area of the Madison Surf Club Beach, east of Garvan Point Rocle (d) Sailboats must lower their sails when on the beach. (e) Mooring is not permitted on the wharves and docks belonging to the town. No tying up at East and West Wharf or docks is permitted except for the loading and unloading of passengers and cargo. (f) No mooring stakes or posts are permitted on the beach at East Wharf. Mooring may be in open water with no stern lines to the beach. (g) There will be a limit of twelve (12) posts on the cove side of West Wharf Beach to be used as stern mooring line posts. Boats using these moorings must have a town number properly displayed. (h) The posts must be reasonably smooth, approximately four (4) feet in height above the mean high water mark and placed at the discretion of the commission. Mooring lines on the posts must be tied at ground level at all times. No mooring anchors of any type are permitted between the bow mooring posts and the beach. (i) Permission for storage of boats at the town beaches must be obtained from the director of beaches and recreation. Racks and moorings must be rented from the recreation department annually. All boats must display a town boat number assigned by the police department. All boats stored at town beaches, including those used for ingress and egress to boats moored in open waters, must be kept in assigned rented storage space. (j) Any police officer, the harbor master or the director of beaches and recreation may, upon discovery of any boat being moored or stored in violation of any of the above rules and regulations, take such boat into his custody and may cause the same to be taken to and stored in a suitable place at the boat owner's expense. The owner shall be notified of this action as soon as possible. Supp. No

5 PARKS AND RECREATION (k) All boats launched from town property must have a town number properly displayed for identification in case of an emergency. (1) All boats must be removed from racks at Garvan Point, East Wharf and West Wharf by November 1. Boats on mooring posts must be removed by December 31. (m) The commission is authorized to establish fees for the use of boat racks and mooring posts. (Ord. of , l(d); Ord. of ) Sec Parking regulations. (a) No person shall park a motor vehicle upon the premises of any public park or beach facility unless such person possesses a valid beach pass or is otherwise eligible for admission to such property pursuant to the commission's regulations. Vehicles may be parked only in such areas as are designated by the commission. Supp. No

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7 PARKS AND RECREATION (b) (c) (d) (e) (f) Create and maintain a trail system, with at least one trail being fully accessible to the handicapped; Develop a maintenance and security program for the implementation by the committee and appropriate town agencies; Develop a management program for implementation by the committee and the town agencies; Continue the management of the community garden, organic garden, annual harvest festival and other gardens at the park; Develop a long-range capital improvement program; (g) Develop long-range funding sources and grants to assist in the financing of the park. (Ord. of ; Ord. of ) Secs Reserved. ARTICLE VI. MADISON SALT MEADOW PARK Sec Establishment of a permanent governance committee to oversee park management. (a) The board of selectmen shall appoint a permanent committee to operate under the jurisdiction of the beach and recreation commission and under the supervision of the director of recreation for the purposes of preserving, promoting, rehabilitating, developing, and maintaining Madison Salt Meadow Park. The committee shall consist of seven (7) members and two (2) alternate members who shall serve without pay. The term of office shall be as follows: Initially three (3) members shall be appointed to two-year terms; and the remaining four (4) members shall be appointed for four-year terms. All subsequent terms shall be for four (4) years. All terms shall expire on December 31. Vacancies occurring in the committee by expiration of term or otherwise shall be filled by appointment by the board of selectmen for the unexpired term or new term as the case may be. (b) The committee shall be guided in its work by the research and recommendations of the Madison Park Development Committee and by the regulations pertaining to the acreage under conservation easements. The committee shall be mindful to minimize the environmental impact on the easement areas and the adjacent waterways. (c) The committee is further charged to plan and implement safe and appropriate uses of the park, including a variety of athletic and passive recreational activities for the benefit of the citizens of the town. The diversity of the park presents unique planning challenges. With that in mind the committee is encouraged to confer with commissions such as, but not limited to, conservation and shellfish in their deliberations, with a liaison to the committee appointed from both commissions. The actual scheduling of the athletic fields shall be under the jurisdiction of the beach and recreation commission. Tasks shall include, but not be limited to, the following: (1) Develop and implement passive recreational and educational programs; (2) Develop and maintain one (1) or more trails; (3) Develop a maintenance and security program for implementation by the appropriate town agencies, with the assistance of the committee; (4) Develop a management program for implementation by appropriate town agencies, with the assistance of the committee; (5) Develop a long-range capital improvement program, including phasing of installation and construction of program elements contained in the approved master plan; (6) Develop long-range funding sources and grants to assist in the financing of the park. (Ord. of ; Ord. of (1)) Supp. No

8 MADISON CODE Secs Reserved. ARTICLE VII. FIELDS ADVISORY COMMITTEE Sec Establishment of a permanent committee to p1 ovide guidance in the management of playing fields. (a) The board of selectmen shall appoint a petmanent committee to operate under the jurisdiction of the beach and recreation commission and under the supervision of the director of recreation for the purpose of promoting player safety, field maintenance, and long-term planning for all fields owned, operated, and maintained by the Town of Madison, not including such fields under the jurisdiction of the board of education. The committee may provide advice and assistance to the board of education if requested. (b) The committee shall initially be comprised of the presidents or their designee of the following Madison sports leagues: little league, youth soccer, youth football, youth lacrosse, youth baseball, and adult softball. The board of selectmen may add or delete representatives of sports groups from time to time. In addition, the school athletic director shall be a non-voting ex-officio member. (c) The committee shall: (1) Maintain an inventory of present fields and the status of said fields, including designation of game level fields vs. practice level fields. (2) Develop a recommended maintenance plan for all fields, including a resting schedule, for consideration by the commission and board of selectmen. (3) Develop a long range plan to meet the projected needs for inclusion in the capital improvement plan. ( 4) Report formally twice a year to the beach and recreation commission. (Ord. of ) Supp. No [The next page is 957]

9 SHELLFISH ARTICLE I. IN GENERAL Sec Reserved. Editor's note-amend. of repealed 17-1, which pertained to designation of clam and oyster beds and derived from Ord. of 6/3/50. Sec Purpose; scope. Pursuant to the General Statutes made and provided and upon recommendation of the shellfish commission, the shellfish regulations in this chapter are hereby adopted by the town. (Ord. of ) Sec Hours, days of harvesting. The harvesting of shellfish from the waters under the jurisdiction of the town shall be limited to the hours between sunrise and sunset and only during such periods as the shellfish commission shall designate as open season. (Ord. of , 1) Cross reference-commercial hydraulic clam harvesting time restrictions, Sec Daily bag limit. During the designated open season the shellfish commission shall establish daily bag limits for the taking of shellfish and notice of such limitation shall be published. (Ord. of , 2) Sec Permit. A permit shall be required of any person taking shellfish. The fee shall be established annually by the shellfish commission prior to January 1 of each year subject to the approval of the board of selectmen. Permits shall be valid for one year from date of issue, and may be obtained from the town clerk or such other agent designated by the shellfish commission. (Ord. of ; Amend. of ) Sec Enforcement officers. All members of the shellfish commission shall act as enforcement officers under this chapter. (Ord. of , 4) Sec Salaried special enforcement officer. A special enforcement officer may be appointed by the shellfish commission when required for the supervision of transplants of shellfish and shall receive a salary as established by the shellfish commission. (Ord. of , 5) State law reference-special constables for inspecting and measuring shellfish in Madison, G.S Sec Use of dredges. The use of dredges shall be under the control of the shellfish commission. (Ord. of , 6; Amend. of ) Secs Reserved. ARTICLE II. SHELLFISH COMMISSION* Sec Established; members. The board of selectmen is hereby authorized to appoint a commission of seven (7) electors of the town to be known as the shellfish commission and three (3) alternate members and to fill any vacancies which may hereafter occur in the commission. (Ord. of (2); Ord. of (2)) Sec Powers. The shellfish commission shall have the control and management of shellfish and oyster grounds within the jurisdiction of the town, subject to the provisions of the General Statutes, with power to make proper rules and regulations concerning the same. (Ord. of (2)) Sec Abolishment of prior commission. Any commission appointed by the board of selectmen pursuant to this article shall supersede *Charter reference-shellfish commission, 7.l(L). Cross reference-boards, commissions and committees, 2-76 et seq. State law reference-local shellfish commissions, G.S a. Supp. No

10 17-28 MADISON CODE and replace any similar committee which may have been elected or appointed prior to this commission. (Ord. of (2)) Secs Reserved. ARTICLE III. COMMERCIAL HYDRAULIC CLAM HARVESTING Sec Coast Guard regulations. Commercial boats shall observe and follow Coast Guard regulations. (Ord. of , 1) Sec Dredges. Dredges will be no more than four (4) feet in width, with cage rod spacing of no less than one (1) inch. Hydraulic pumps shall be limited to one hundred seventy-five (175) HP and adequately mufflered. All operating equipment shall be kept in good working order. (Ord. of , 2) Cross reference-use of dredges, Sec Buffer zone. Commercial hydraulic clam harvesters shall not operate closer to shore than one hundred (100) yards to provide a buffer zone for recreational harvesters and accommodate shoreline recreational use. (Ord. of , 3) Sec Time restrictions. (a) There shall be no commercial hydraulic clamming before 7:00 a.m. nor after 4:00 p.m. or on Saturdays, Sundays and state-observed holidays, nor before sunrise or after sunset. (b) Commercial hydraulic clam harvesting shall not take place between May 1st and October 1st of each year. During the permitted harvesting season, commercial hydraulic clam harvesting shall be limited to a period of sixty (60) continuous days. The harvesting period shall run from the first day hydraulic harvesting begins and must terminate no later than fifty-nine (59) days after that date, in order to reduce disturbances during the shellfish spawning season. Notice of the issuance of any permit for power dredging with an approximate commencement date, shall be forwarded in advance one (1) week prior to hydraulic dredging to the following three (3) associations: (1) Highland East River Civic Corporation; (2) The Overshore Association; and (3) The Shoreland Association. (Ord. of , 4, 5) Cross reference-hours, days of harvesting, Sec Number of boats. Only two (2) boats will be allowed for commercial hardshell clam harvesting at any given time, and no more than one (1) boat in any one (1) specific LORAN area. (Ord. of , 6) Sec Disruptive activity prohibited. All commercial shellfishermen operating within the waters of the town under the authority of the shellfish commission shall operate their equipment and conduct their shellfishing in such a manner so at to minimize noise or disruptive activity, so as not to cause a nuisance or otherwise disturb the comfort, convenience, safety, welfare, peace and quiet of persons within the town. A town permit shall be revoked if any boat exceeds a noise level of seventy (70) decibels or greater at any time as measured from any point on shore. (Ord. of , 7) Sec Complaint procedure. (a) Notice hearing and order. Upon the written complaint by any person of any shellfishing activity, the commission shall notify the party against whom the complaint has been lodged, shall promptly investigate the facts and circumstances alleged in the complaint, and shall hold a hearing to address the complaint at a special or regular meeting no later than fourteen (14) days after receipt of the complaint. All parties shall be provided an opportunity to present evidence in support or in opposition to the complaint, and the commission shall vote on the relief demanded by the complaint. The commis- Supp. No

11 SHELLFISH sion shall issue a decision stating their conclusions incorporating the factors set forth below in a written final order and shall take final action on the complaint within seven (7) days of the hearing. (b) Remedies. In addition to granting or denying the relief sought by the complainant, the commission may, without limitation, take the following action: (1) Suspend, modify or impose any condition on any permit issued by the commission; (2) Propose changes to the shellfish management plan, so long as the same does not conflict with any provision of this article; (3) Take any other lawful action to address the circumstances alleged in the complaint. (c) Decision. In determining what relief, if any, shall be provided, the commission shall consider the following factors: (1) The extent to which the complainant is adversely affected by the activity; (2) The availability of any feasible and prudent alternatives to address the adverse impacts; (3) The availability of any measures to mitigate the adverse impacts resulting from the activity. The commission shall grant the complainant relief if it finds that the activity complained of is unreasonable or if either: (1) There are feasible and prudent alternatives; or (2) There are reasonably available measures to mitigate the adverse impacts. (Ord. of , 8(i)-(iii)) first violation and for a period of not less than two (2) years for each violation thereafter, in addition to which any violation shall be subject to the penalties and fines as set forth in G.S a. (Ord. of , 8(iv)) Sec Penalties. Notwithstanding the provrn10ns in subsections 17-57(b) and (c) above, in the event a complaint alleges violation of this article, specifically subsections through above, then if such violation has occurred, the commission shall suspend the shellfisherman's permit for a period of not less than one (1) year for the Supp. No [The next page is 1119]

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