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 Shelby Farms Proposed Rules and Regulations Drafted October 22, 2003

 

 

Table of Contents


Section 1


Purpose and Authority

Section 2

Definitions

Section 3 General
Section 4 Personal Conduct
Section 5 Preservation of Natural, Historic and Cultural Resources
Section 6 Wildlife Protection
Section 7 Motor Vehicles, Traffic and Parking
Section 8 Pets
Section 9 Commercial Activities
Section 10 Firearms and Weapons
Section 11 Fires
Section 12 Camping
Section 13 Swimming
Section 14 Horses
Section 15 Bicycles
Section 16 Roller-blading, Roller-skating and Skateboarding
Section 17 Fishing
Section 18 Sanitation and Refuse
Section 19 Public Assemblies, Meetings
Section 20 Special Events
Section 21 Enforcement
Section 22 Exemption for Employees

Section 1.


Purpose and Authority

  The following rules and regulations are adopted by the Shelby Farms Board, pursuant to section 14-130 et seq. of the Shelby County Code, for the protection, regulation and control of Shelby Farms and other property under its control.

Section 2.

Definitions
  Board shall mean the Shelby Farms Board established by Shelby County Ordinance Number 145 adopted July 18, 1994.

The Park and Park Area shall mean all or any portion of the jurisdictional area of the Shelby Farms Board being more particularly described in Exhibit A to the Shelby Farms Ordinance dated June 28, 1994, which is attached hereto and incorporated herein by reference.

Superintendent shall mean the Executive Director appointed by the Shelby Farms Board.

Person shall mean any individual, company, partnership, corporation, or association, or any combination of individuals, or any employee, agent or officer thereof.

Horse shall mean any equine animal.

Section 3.

General
  3.1
Park Operating Hours ? No person shall remain within the confines of the Park or use any part of the facilities of the Park during times that the Park is closed, unless by special written permit of the Superintendent.
  3.2 No person in a Park Area shall engage in activities that are inconsistent with the intended use or design of a specific area, equipment or facilities, as defined by the Board.
  3.3 The possession, consumption and sale of alcoholic beverages are prohibited within all Park Areas, subject to the following exception:
    3.3.1 Upon a written request, a special written permit of the Superintendent may be granted for the dispensing and serving of alcoholic beverages by organized groups to their own members for company picnics or special events in areas designated by the Shelby Farms Board. This permit may contain such reasonable conditions and restrictions as to the duration and area occupied as are necessary for the protection of the area and public use thereof.

Section 4.

Personal Conduct
  4.1 No person shall engage in any conduct that is harmful or hazardous, or may be harmful or hazardous to Park property, to any person, or to the property of any person.
  4.2 Disorderly conduct as referenced by applicable State, County or Municipal laws is prohibited.
    4.2.1 A person is guilty of disorderly conduct with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, if he shall:
      (1) Engage in fighting or in threatening, violent or tumultuous behavior;
      (2) Make unreasonable noise or make an offensively coarse utterance, gesture or display, or address abusive language to any person present; or
      (3) Create a hazardous or physically offensive condition by any act or threat of action.
  4.3 Entering or remaining in a Park Area when manifestly under the influence of alcohol, narcotics or other drug, to a degree that may endanger oneself or other persons or property, or unreasonably annoying persons in the vicinity, is prohibited.
  4.4 No person in a Park Area shall appear in a state of nudity, or make any indecent exposure of his or her person.

Section 5.

Preservation of Natural, Historic and Cultural Resources
  5.1 Except as expressly authorized by a special written permit of the Superintendent, the following is prohibited:
    5.1.1 Possessing, injuring, destroying, removing, digging, or disturbing from its natural state:
      (1) Living or dead wildlife or plants, or the parts or products thereof, such as antlers and nests.
      (2) Fossilized and nonfossilized paleontological specimens, cultural or archeological resources.
      (3) Mineral resources.
     5.1.2 Introducing wildlife, fish, or plants, including their reproductive bodies, into a Park Area ecosystem.
     5.1.3 Using or possessing wood gathered from within the park area, provided however, that the Superintendent may designate areas where dead wood on the ground may be collected for use as fuel for campfires within the park area.

Section 6.

Wildlife Protection
  6.1 Hunting, trapping or taking of wildlife is strictly prohibited in all Park Areas.
  6.2 Feeding, touching, teasing, chasing, frightening or intentional disturbing of wildlife nesting, breeding or other activities is prohibited.

Section 7.

Motor Vehicles, Traffic and Parking
  7.1 All motor vehicles and operators of a motor vehicle within a Park Area shall comply with the requirements of all applicable State, County and Municipal laws.
  7.2 No person shall operate a motor vehicle in a Park Area at a speed greater than the posted speed limit. (Currently 20 MPH)
  7.3 No person shall park or operate a motor vehicle in a Park Area except on improved roads and parking areas and on routes and areas designated by the Superintendent as temporary parking areas by special written permit.
  7.4 The operation of off-highway vehicles, ATVs, snowmobiles, motorized dirt bikes and motorized personal watercraft are prohibited in Park Areas.
  7.5 No person shall park any motorized vehicle within any traveled roadway within a Park Area or at any location where posted signs prohibit parking.
  7.6 No person shall leave a vehicle within Park Areas during times that the park is closed, unless by special written permit of the Superintendent. Any vehicle found to be in violation of this subsection is subject to being towed at the owner?s expense.
  7.7 No person shall repair, renovate, paint or wash any vehicle within a Park Area, unless the repairs performed are of any emergency nature and they are required in order to permit the vehicle to be moved.
  7.8 No person in a Park Area shall drive upon or along any Park road, which has been closed or posted with appropriate signs or barricades. No person in a Park Area shall drive around, caused to be moved, or damage any barricade, so placed to temporarily or permanently close a road to traffic.
  7.9 No person shall use aircraft, helicopters, hang gliders, air balloons parachutes or similar apparatus or take off or land such apparatus from or on a Park Area except in an emergency, unless by special written permit of the Superintendent.
  7.10 No person shall place or operate a boat in any Park waters, which are not designated for boating and no person shall place or operate a boat with equipped with an internal combustion engine in any Park waters, unless by special written permit of the Superintendent.

Section 8.

Pets
  8.1 No person shall permit animals owned or controlled by said person to go off-leash in a Park Area except at such times and under such conditions and in such areas as may be expressly permitted by the Board.
  8.2 No person in a Park Area shall permit feces of dogs (except guide dogs for the visually impaired) owned or controlled by that person to remain on any hard-surfaced area, including but not limited to asphalt and concrete, for a period in excess of five (5) minutes following the time the animal defecates.
  8.3 No person shall bring, permit, have or keep any animal in a Park Area that frightens, chases, or is otherwise destructive to birds or other wildlife or Park resources.
  8.4 No person shall release or abandon any animal, domestic or wild, in a Park Area, unless by special written permit of the Superintendent.

Section 9.

Commercial and Private Activities
  9.1 Engaging in or soliciting any business in Park Areas, except in accordance with the provisions of a permit, contract, or other written agreement with Shelby County Government, is prohibited.
  9.2 No person shall solicit or demand gifts, donations, money, goods or services in a Park Area, unless by special written permit of the Superintendent.
  9.3 No person shall place, post, affix or distribute any sign, notice, advertisement, circular, handbill, placard or banner in a Park Area, unless by special written permit of the Superintendent.
  9.4 The installation of a monument, memorial, tablet, structure, sign or other commemorative installation in a Park Area without the authorization of the Board is prohibited.

Section 10.

Firearms and Weapons
  10.1 No person, except law enforcement officers while on duty, shall carry on or about his person, firearms of any description, bows and arrows, crossbows, air or gas guns, missiles, slingshots or other missile throwing devices in a Park Area, except that firearms and bows and arrows may be carried in areas designated by the Board for their use.
  10.2 Unloaded weapons may be possessed within a motor vehicle when such implements are rendered temporarily inoperable or are packed, cased or stored in a manner that will prevent their ready use.

Section 11.

Fires
  11.1 No person shall start or maintain a fire in a Park Area except in designated areas or receptacles and under conditions that may be established by the Superintendent.
  11.2 The Superintendent may at his discretion prohibit fires for limited periods at any location or for any purpose when necessary for the protection of Park resources or public safety.
  11.3 No person starting or using a fire in a Park Area shall at any time leave a fire unattended or leave the immediate vicinity of the fire without having completely and totally extinguished all flames, coals and embers.

Section 12.

Camping
  12.1 No person in a Park Area shall camp or establish or maintain any tent, camp or other temporary lodging or sleeping place, including motor homes, unless by special written permit of the Superintendent.

Section 13.

Swimming
  13.1 No person shall swim, wade, or enter into any Park waters that are not designated for public swimming, unless by special written permit of the Superintendent.

Section 14.

Horses
  14.1 No person shall bring, permit, have or keep a horse in a Park Area, unless by special written permit of the Superintendent.
  14.2 No person shall ride a horse in a Park Area except in areas or on trails designated by the Board for this use.
  14.3

No person in a Park Area shall ride a horse in such a manner as to endanger the rider, the horse or any other person or any property.

  14.4 No person in a Park Area shall leave a horse in his charge unattended.
  14.5 No person in a Park Area shall tie or hitch a horse except at such places as are designated by the Superintendent or at a trailer or vehicle used for the transportation of horses.
  14.6 No person in a Park Area shall over-ride, cruelly mistreat, mutilate or torture a horse.

Section 15.

Bicycles
  15.1 No person shall ride a bicycle in a Park Area except on roads, parking areas, and trails designated by the Board for this use.
  15.2 No person shall ride a bicycle on turf areas or on planted areas or flowerbeds within Park Areas.
  15.3 Bicyclists shall yield the right of way to pedestrians on all roads, parking areas and trails in a Park Area except during an organized bicycle race for which the Superintendent has written a special event permit.
  15.4 No person shall operate a bicycle in a Park Area in a reckless manner so as to endanger the operator or any other person or any property. No person shall operate a bicycle in excess of a speed that will permit him to bring it to a stop within the assured clear distance ahead.

Section 16.

Roller-blading, Roller-skating, Skateboarding
  16.1 No person shall roller-blade, roller-skate or skateboard in a Park Area except on roads, parking areas, and trails designated by the Board for this use.
  16.2 Persons operating roller-blades, roller-skates and skateboards shall yield the right of way to pedestrians on all roads, parking areas and trails in a Park Area except during an organized race for which the Superintendent has written a special event permit.
 

16.3

No person shall operate roller-blades, roller-skates or skateboards in a reckless manner so as to endanger the operator or any other person or any property. No person shall operate roller-blades, roller-skates or skateboards in excess of a speed that will permit him to come to a stop within the assured clear distance ahead.

Section 17.

Fishing
  17.1 Fishing in a Park Area shall be in accordance with applicable State, County and Municipal laws.
  17.2 No person shall fish in a Park Area in violation of any sign or signs prohibiting fishing or a manner thereof.
  17.3 No person in a Park Area shall fish in any other manner than by hook and line, with rod and line being closely attended.
  17.4 The Superintendent may at his discretion limit or prohibit fishing at any location or for any purpose when necessary for the protection of Park resources or public safety.

Section 18.


Sanitation and Refuse

  18.1 No person shall dump, deposit, or leave any bottles, broken glass, cans, boxes, dirt, rubbish, waste, garbage, refuse or other trash in a Park Area except that such items that result from a picnic, recreational activity or other permitted activity may be deposited in receptacles provided by the Board for disposal of same.

Section 19.

Public Assemblies, Meetings
  19.1 Public assemblies, meetings, gatherings, demonstrations and other public expressions of views are permitted within Park Areas on lands that are open to the general public, provided the Superintendent therefor has issued a special written permit.
  19.2 Any application for such a permit shall set forth the name of the applicant, the date, the time, duration, nature and place of the proposed event, and a statement of the equipment and facilities to be used in connection therewith.
  19.3 The Superintendent shall issue a permit on proper application unless:
    19.3.1 Prior application for the same time and place has been made which has been or will be issued;
    19.3.2 The event will present a clear and present danger to Park resources or public safety; or
    19.3.3 The event is of such nature or duration that it cannot reasonably be accommodated in the particular Park Area applied for.
  19.4 The permit may contain such conditions as are reasonably consistent with the protection and use of the Park for the general purposes for which it is established and maintained. It may also contain reasonable limitations on the time, duration and area within which the event is permitted.

Section 20.

Special Events
  20.1 Sports events, pageants, reenactments, regattas, entertainment and the like, and events characterized as public spectator attractions, are prohibited, unless by special written permit of the Superintendent. Such permits may be issued only after a finding that the issuance of such permits will not be inconsistent with the purposes for which the area is established and maintained, and will cause the minimum possible interference with the use of the area by the general public. The permit may contain such reasonable conditions and restrictions as to the time, duration and area occupied as are necessary for the protection of Park resources, public safety and public use thereof.
  20.2 The Shelby Farms Board may charge a reasonable fee for the use of a Park Area or facility, or for attendance at or participation in a public spectator attraction or special event.

Section 21.

Enforcement
  21.1 For the purposes of enforcing the provision of this article and the regulations established pursuant hereto, the Superintendent of Shelby Farms, Park Rangers, Deputy Sheriffs and all Police Officers shall be authorized to issue citations or violation tickets in accordance with applicable State, County and Municipal laws.

Section 22.

Exemption for Employees
  22.1 Acts of employees of Shelby Farms and cooperating officials, to the extent necessary for the performance of their authorized duties, shall be exempt from the provisions of this article.