ORDINANCE
OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND,
AMENDING CHAPTER 17, “PARK RULES AND REGULATIONS,” SECTION 17-2, “RULES”,
TO AMEND THE PROVISIONS PERTAINING TO FIRES AND RENUMBER THE SUBSECTIONS OF
THAT SECTION; AND AMENDING THE CORRESPONING PENALTY PROVISIONS OF CHAPTER 17,
SECTION 17-5, “ENFORCEMENT OF CHAPTER”.
WHEREAS, pursuant to Article
23A of the Annotated Code of Maryland, the Council of the City of Bowie,
Maryland (the “City Council”)
has the authority to pass such ordinances as it deems necessary to preserve
peace and good order,
to secure persons from danger and destruction and to protect the health, comfort
and convenience of the citizens of the municipality; and
WHEREAS, pursuant to Article 23A, § 2(b)(20), the City Council has the
specific authority to establish and maintain such parks and recreational facilities
as are deemed necessary to health and welfare of the municipality and its inhabitants;
and
WHEREAS, pursuant to this authority, the City of Bowie has established certain
municipal parks and recreational facilities and has enacted rules and regulations
for the use and maintenance of those parks; and
WHEREAS, the City Council deems it to be in the public interest to undertake
certain revisions to the rules and regulations governing the use and maintenance
of City parks to amend the provisions pertaining to fires, to renumber the
subsections of Section 17-2, and to amend the corresponding penalty provisions
of Section 17-5, “Enforcement of Chapter”.
Section 1. NOW THEREFORE, BE IT ORDAINED AND ENACTED, by the Council of the
City of Bowie, Maryland that Chapter 17, “Park Rules and Regulations,” Section
17-2, “Rules,” be and is hereby amended to read as follows:
Sec. 17-2. Rules.
The following are adopted as the City Park Rules:
* * *
(b) FIRES.
(1) Fires are allowed in fireplaces only or in other authorized locations,
as follows: Private grills may be used in designated family areas, without
a City permit, and may be used in designated pavilions and group areas, upon
the issuance of a City permit, provided, however, that no private grill with
a cooking surface area exceeding 6 square feet AND OTHER SPECIALIZED COOKING
EQUIPMENT may be used except in designated pavilions and group areas and upon
the issuance of a permit. The City Manager or his designee shall establish
standards for the issuance of permits for private grills with cooking surface
areas exceeding 6 square feet AND OTHER SPECIALIZED COOKING EQUIPMENT. THE
USE OF OIL FRYERS AND STEAMERS IN CITY PARKS IS PROHIBITED EXCEPT AS ALLOWED
BY PERMIT.
[(c)](2) All fires must be extinguished upon departure.
[(d)](3) No person shall leave a fire, HOT GRILL OR HOT ASHES unattended for
any reason. THE TERM “UNATTENDED” AS USED IN THIS SUBSECTION SHALL
MEAN THAT THERE IS NO RESPONSIBLE PERSON AT LEAST 18 YEARS OLD WITHIN TEN FEET
OF THE FIRE, HOT GRILL OR HOT ASHES.
[(e)](C) All trash shall be placed in appropriate containers.
[(f)](D) The use of, or carrying of, firearms and any other dangerous or deadly
weapons by any person other than a duly authorized law enforcement officer,
is prohibited.
[(g)](E) Abuse of animal life is prohibited.
[(h)](F) Unauthorized sales of tickets is prohibited. Authorization for sale
of tickets, may be obtained by individuals, groups or organizations by completing,
in writing, the special authorization form that is issued by the City upon
request. The City manager has the authority to deny all requests if, in his
opinion, the sale of tickets at the time or place or in the manner or circumstances
specified in the permit application will impair the public health, safety or
welfare.
[(i)](G) Alcoholic beverages.
(1) The consumption of alcoholic beverages without a valid City permit or in
violation of permit conditions is prohibited.
(2) Unauthorized sale or consumption of alcoholic beverages in violation of
applicable county, state and federal law is prohibited.
(3) Authorization for sale of alcoholic beverages or consumption in park areas
of alcoholic beverages may be obtained by individuals, groups or organizations
by completing, in writing, the special authorization form that is issued by
the City upon request. The City Manager has the authority to deny all requests
if, in his opinion, the sale or consumption of alcoholic beverages at the time
or place or in the manner or circumstances specified in the permit application
will impair the public health, safety or welfare.
[(j)](H) A person may not act in a disorderly manner to the disturbance of
the public in any City park or in any parking lot thereof, or in any vehicle
thereon. Disorderly conduct, shall include but is not limited to, engaging
in sexual intercourse, exposing oneself, urinating or defecating outside of
City provided restrooms, abusive language or immoral or indecent acts.
[(k)](I) Unauthorized solicitation of money for any reason is prohibited. Authorization
for solicitation of money may be obtained by individuals, groups, or organizations
by completing, in writing, the special authorization form that is issued by
the City upon request. The City Manager has the authority to deny all requests
if, in his opinion, the solicitation of money at the time or place or in the
manner or circumstances specified in the permit application will impair the
public health, safety or welfare.
[(l)](J) Destruction of property, which includes but is not limited to, cutting
down of trees and abuse of plants, the throwing of any type of missile for
the purpose of destruction or possible destruction of property, or jeopardizing
the safety and welfare of park users or park employees is prohibited.
[(m)](K) Unauthorized operation of concessions is prohibited. Authorization
for the operation of concessions may be obtained by individuals, groups, or
organizations by completing, in writing, the special authorization form that
is issued by the City upon request. The City Manager has the authority to deny
all requests if, in his opinion, the operation of a concession at the time
or place or in the manner or circumstances specified in the permit application
will impair the public health, safety or welfare.
[(n)](L) Pets.
(1) Pets are permitted in City parks so long as they are kept on leashes or
under similar restraints except in parks duly designated by the City Council
as Dog Parks, in which dogs are permitted to be free of restraints; provided,
however that
[(1)](2) Pets, other than dogs trained to assist the physically handicapped
and dogs in police canine units, are prohibited at Allen Pond Park at the Fourth
of July celebration and other celebrations where fireworks are present. Notice
of a prohibition shall be given to the public not later than fourteen (14)
days prior to an event or as soon as practicable in a newspaper of general
circulation in the City and on Channel 10B, Bowie Cable Public Access Channel;
and
[(2)](3) Owners of pets are responsible for the immediate cleanup and removal,
and disposal in a lawful manner of pet waste; in designated Dog Parks, no person
shall deposit or throw any garbage, sewage, refuse, waste, foodstuffs, paper,
bottles or other litter or obnoxious material, or things liquid or solid, except
in receptacles provided for such purpose and the owner or custodian of every
dog permitted in the park shall promptly remove and properly dispose, in a
receptacle provided for such purpose, or all excrement deposited by such dog
in the park.
[(3)](4) The City Manager is authorized to promulgate regulations governing
the use of City Dog Parks by members of the public to ensure that such parks
are maintained in a sanitary and nuisance-free condition.
[(o)](M) Trespassing in performance and athletic areas while events are in
progress is prohibited.
[(p)](N) Drivers of all vehicles in or on park property shall drive in a safe
and careful manner at all times and shall comply with the signals and directions
of City staff and all posted traffic signs.
[(q)](O) There shall be no discrimination by segregation or otherwise against
any person or persons because of race, creed, color, sex, or national origin,
in furnishing or by refusing to furnish to such person or persons the use of
any facility of a public nature, including all services, privileges, accommodations
and activities provided thereby on property.
[(r)](P) The unauthorized erection of signs or billboards, and the posting
or distribution of pamphlets, handbills and flyers is prohibited without the
prior approval of the City Manager or his designee.
[(s)](Q) Ballfields are available by permit only.
[(t)](R) Swimming, camping and horseback riding are prohibited.
[(u)](S) No powered model airplane, rocket, watercraft or similar device shall
be flown or launched from on any park area.
[(v)](T) Use of sound amplification equipment (i.e. P. A. systems or loud car
stereos, etc.) is prohibited, except by special permit.
[(w)](U) It is unlawful to ride a bicycle on other than a paved vehicular road
or path designed for that purpose.
[(x)](V) Ice skating shall be prohibited except under conditions prescribed
by the City Manager.
[(y)](W) No person shall be on park property from sunset to sunrise unless
that park property facility is officially open for public use.
[(z)](X) No boat or watercraft is allowed on lakes, streams, or ponds on any
park property except by permit. Operators and occupants of permitted watercraft
shall comply with all local, state and federal regulations governing the use
and operation of watercraft.
[(aa)](Y) Fishing is permitted only in designated areas and in compliance with
Maryland State Angler’s License requirements.
[(bb)](Z) Golf practice is prohibited.
[(cc)](AA) All use of specific park facilities, such as athletic fields, picnic
areas, lakes, streams, rivers, amphitheaters, tennis courts, multipurpose courts,
tot lots, zoos, gazebos, park shelters, parking lot and open space areas, by
individuals, groups or organizations for the purpose of monopolizing all or
part of the park facilities must be made in writing to the City Manager.
[(dd)](BB) The unauthorized erection or construction of a canopy or tent on
park property is prohibited. Authorization for the erection or construction
of a canopy or tent on park property may be obtained by individuals, groups
or organizations by completing, in writing, the specific authorization form
that is issued by the City upon request. The City Manager has the authority
to deny all requests if, in his opinion, the erection or construction of a
canopy or tent at the time or place or in the manner specified in the permit
application will impair the public health, safety or welfare.
[(ee)](CC) Camping is prohibited in City parks except in the City-owned property
known as the Hohensee Property, on Swanson Road, as to which a City permit
is required. The City Manager has the authority to deny all requests if, in
his opinion, permitting the camping activities at the time or place or in the
manner specified in the permit application will impair the public health, safety
or welfare.
[(ff)](DD) Nothing contained in this Chapter shall be construed to abrogate
any other City laws or regulations, or any federal, state or local laws or
regulations applicable to any area in which property is situated.
Section 2. BE IT FURTHER ORDAINED AND ENACTED, by the Council of the City of
Bowie, Maryland that Chapter 17, “Park Rules and Regulations,” Section
17-5, “Enforcement of this Chapter”, be and is hereby amended to
read as follows:
Sec. 17-5. Enforcement of Chapter.
(a) Violations of any subsection of Section 17-2 of this Chapter, except subsections
[17-2(g), 17-2(i), 17-2(j) and 17-2(o)] 17-1(D), 17-2(E), 17-2(G), 17-2(H)
and 17-2(M) are municipal infractions, subject to the penalty and enforcement
provisions of Chapter 1, Section 6 and 6A of this Code.
(b) Violations of Sections [17-2(g), 17-2(i), 17-2(j) and 17-2(o)] 17-2(D),
17-2(E), 17-2(G), 17-2(H) and 17-2(M) of this Chapter are misdemeanors, punishable
by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment for
thirty (30) days or both.
* * *
Section 3. BE IT FURTHER ORDAINED AND ENACTED, that this Ordinance shall become
effective thirty (30) days after its enactment by the Council of the City of
Bowie, Maryland provided that a fair summary of this Ordinance is published
at least once prior to the date of passage and at least once within ten (10)
days after the date of passage in a newspaper having general circulation in
the City.
INTRODUCED by the Council of the City of Bowie, Maryland at a regular meeting
on the _____ day of _________________, 2005.
PASSED by the Council of the City of Bowie, Maryland at a regular meeting on
the _____ day of ___________________, 2005.
ATTEST: THE CITY OF BOWIE, MARYLAND
By: _____________________________
Pamela A. Fleming,
City
Clerk
________________________________
G. Frederick Robinson
Mayor
APPROVED AS TO FORM AND SUFFICIENCY:
______________________________
Robert H. Levan, City Attorney