Naperville Park District Ordinance 641
NAPERVILLE PARK DISTRICT ORDINANCE #641
NAPERVILLE PARK DISTRICT ORDINANCE NO. 641
AN ORDINANCE REGULATING THE USE OF THE PARKS AND PROPERTY OWNED OR CONTROLLED BY THE NAPERVILLE PARK DISTRICT (“CONDUCT ORDINANCE”) * * * * * * * * * *
Adopted December 14, 2006 Amended September 13, 2007 Amended April, 2010
Amended March 13, 2014 Amended March 8, 2018 Amended August 9, 2018 Amended March 10, 2022 Section 3.02 (j) Amended June 8, 2023 by Ordinance #1035 Amended March 14, 2024 Definitions 22, 35, and Sections 2.01, 3.02 Amended September 12, 2024 by Ordinance #1060
(Published by Authority of the Board of Park Commissioners of the Naperville Park District on September 12, 2024)
TABLE OF CONTENTS
SECTION
DESCRIPTION
PAGE
CHAPTER I
DEFINITIONS, CONSTRUCTION, AND SCOPE
4
1.01 1.02 1.03
Short Title Definitions
4 4 7
Construction and Scope
CHAPTER II
SPECIFIC RESTRICTIONS ON CONDUCT AND BEHAVIOR
7
2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30
Aviation /Drones Alcoholic Liquor
7 8 9
Controlled Substances and Cannabis Smoking and Tobacco Products Assault, Battery or Fighting Begging, Panhandling, Soliciting Animals and Pets
10 10 11 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 18 18 18 19 19 20 20 21
Boating/Watercraft
Camping
Charitable, Religious, Political, or Non-Profit Activities Commercial Sale, Exhibition, or Distribution of Goods or Services
Cooperating with Authorities Disorderly Conduct Display of Permit or Pass
Dumping, Pollution, Sanitation, and Litter Unlawful Construction, Maintenance, or Encroachment Fairs and Special Events: Sale and Distribution of Merchandise; Soliciting Contributions
Fires
Fishing
Hunting or Trapping
Gambling and Games of Chance Interference with Other Users Loitering in District Buildings Theft or Misappropriation of Property
Mob Action
Parades, Public Assemblies, or Meetings Posting Printed or Written Material in Designated Area Posting Printed or Written Material on Public Places or Objects Selling or Distributing Printed or Written Material
Protection of Animals
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SECTION
DESCRIPTION
PAGE
2.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.40 2.41 2.42 2.43 2.44 2.45 2.46 2.47
Criminal Damage and Protection of Property
21 22 22 22 22 23 24 24 24 25 25 25 25 25 25 26 26
Public Indecency Reporting Accidents Restricted Areas
Restrictions Applicable to Specific Recreational Activities Rest Rooms, Washrooms, and Locker Rooms
Protection of Pedestrians
Winter Activities
Sleeping on District Property
Swimming
Weapons and Harmful Substances
Pyrotechnics Metal Detectors Refuse Disposal
Illinois Criminal Code
Illinois Wildlife Code, Fish and Aquatic Life Code
Trespass to Land Prohibited
CHAPTER III MOTORIZED VEHICLES, PARKING, AND TRAFFIC CONTROL
26
3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23
All-Terrain Vehicles or Go-Karts
26 27 28 28 28 28 28 29 29 29 29 29 29 29 30 30 31 31 32 32 32 32
Micromobility Devices Change of Oil/Cleaning Commercial Vehicles
Driving Areas
Duty of Operator in Accidents
Emergency Vehicles
Enforcement of Traffic Regulations Fleeing or Attempting to Elude the Park Police
Gas and Smoke
Hitchhiking
Incorporation of State Statutes Intoxicated Operators Mini-bikes and Trailbikes Reckless and Negligent Driving
Parking
Riding Outside Vehicles
Right of Way Siren Devices
Speeding
Traffic Signs and Signals Unattended Motor Vehicles
Unauthorized Use of Parking Places Reserved for People with Disabilities
32
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SECTION
DESCRIPTION
PAGE
CHAPTER IV PARK HOURS, CLOSING, AND GENERAL OPERATION POLICIES
33
4.01 4.02 4.03 4.04 4.05 4.06 4.07
Hours
33 33 33 34 34 34 34
Special Closings
Use of Closed Property Prohibited Schedules, Fees, Rules, and Regulations
Admission/Identification
Lost, Found, and Abandoned Property
Building Use
CHAPTER V PERMITS AND OTHER AUTHORITY
35
5.01 5.02 5.03 5.04
Permits
35 37 37 37
Insurance and Hold Harmless Agreement
Security Deposit Other Authority
CHAPTER VI ENFORCEMENT
37
6.01 6.02 6.03 6.04
Park Police
37 38 38 38
Rules to be Obeyed Burden of Proof
Parties to Ordinance Violation
CHAPTER VII PENALTIES
39
7.01 7.02 7.03 7.04 7.05
Revocation of Privileges; Fine Suspension Guidelines
39 40 41 41 41
Restitution
Seizure/Removal/Impoundment of Property
Non-Exclusivity of Penalties
CHAPTER VIII REPEAL
41
CHAPTER IX SEVERABILITY
41
CHAPTER X PUBLICATION AND EFFECTIVE DATE
42
10.01 10.02
Publication in Book Form
42 42
Effective Date
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NAPERVILLE PARK DISTRICT ORDINANCE NO. 641
AN ORDINANCE REGULATING THE USE OF THE PARKS AND PROPERTY OWNED OR CONTROLLED BY THE NAPERVILLE PARK DISTRICT CHAPTER I - DEFINITIONS, CONSTRUCTION, AND SCOPE
Section 1.01. Short Title . This Ordinance regulating the use of the parks and property owned or controlled by the Naperville Park District shall be known and may be cited as the "Conduct Ordinance of the Naperville Park District." Section 1.02. Definitions . Unless otherwise expressly stated elsewhere in this Ordinance, for purposes of this Ordinance, the following words, terms, and phrases shall have the meanings given herein: 1. “Agent” means any representative contracted to the Naperville Park District acting within the scope of their authority, such as caterers, outside vendors, etc. 2. "Aircraft" means any device that is used or intended to be used for human flight in the air. 3. "Alcoholic Liquor" is defined as provided in the Illinois Liquor Control Act of 1934 (235 ILCS 5/1-3.05) as amended hereafter. 4. "Aquatic Life" means all fish, reptiles, amphibians, crayfish, mussels, mollusks, and crustaceans. 5. “Bicycle” means a vehicle composed of two wheels, held in a frame one behind the other, propelled by human power through pedals and steered with handlebars attached to the front wheel. 6. "Board" means the Board of Park Commissioners of the Naperville Park District. 7. “Camp” or "Camping" shall include the erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag, hammock, or other bedding material for use, setting up any temporary or permanent camping equipment including without limitation food preparation equipment, parking of a motor vehicle, motor home or trailer, or mooring of a vessel, for the apparent purpose of overnight occupancy; and/or in connection therewith, the use of District Property for living accommodation purposes such as sleeping activities, or making preparations for sleeping activities, or storing personal property, or making preparations to store personal property, or making a fire or using a device to provide heat other than as may be permitted as part of a District event or activity. 8. "Cannabis" is defined as provided in the Illinois Cannabis Control Act (720 ILCS 550/3(a)) as amended hereafter. 9. "Carry" means to wear, bear, or have on or about the person. 10. "Controlled Substance" is defined as provided in the Illinois Controlled Substances Act (720 ILCS 570/102 (f), 204, 206, 208, 210 and 212) as amended hereafter. 11. “Chief of Police” is the Chief of the Naperville Park District Police, or such persons charged with or delegated such authority by the Chief of Police. 12. "Director" or “Executive Director” means the Executive Director of the Naperville Park District, or such persons charged with or delegated such authority by the Executive Director. 13. "District" is the Naperville Park District, DuPage and Will Counties, Illinois.
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NAPERVILLE PARK DISTRICT ORDINANCE NO. 641
14. "District Property" is all of the property, real and personal, of every kind and description located within the jurisdiction of, or owned, administered, leased or licensed by, or otherwise in the possession or under the control of the District including without limitation every building, shelter, street, sidewalk, trail, path, beach, park, wilderness or open space, or other public place or facility and all District Waters located on or adjacent to or flowing over property located within the jurisdiction of, or owned, administered, leased or licensed by, or otherwise in the possession or under the control of the District. 15. "District Waters" shall include all water located on or adjacent to or flowing over land owned, leased, or generally administered or operated by the Naperville Park District, including without limitation all natural or man-made lakes, rivers, creeks, streams, ponds, lagoons, bays, and drainage ways. 16. "Department Head" is the person immediately in charge of a given District department and its activities and to whom all employees of such department are directly responsible (e.g., Director of Recreation and Director of Parks). 17. “Drones” means any unmanned aircraft system that is capable of sustained flight or suspension in the atmosphere including unmanned aircraft commonly referred to as model airplanes, small, unmanned aircraft or aerial systems, aerial hover craft and any other remotely piloted or unmanned aircraft of any kind. 18. “Drug Paraphernalia” is defined as provided by the Illinois Drug Paraphernalia Control Act (720 ILCS 600/1d) as amended hereafter. 19. “Electric Cycle” means any device with a seat and two or three wheels that may achieve locomotion through human power (pedals), and which has an electric motor to assist with locomotion. “Electric Cycle” does not include a device assisting or accommodating a person with a disability. An Electric Cycle must also meet the following criteria: 20. “Facility” means any property or improvement thereon under the jurisdiction of the District, whether owned or leased through intergovernmental agreement. 21. "Fish" or "Fishing" means taking or attempting to take aquatic life in or from any District Waters by any method, and all other acts such as placing, setting, drawing or using any device commonly used for the taking of aquatic life whether resulting in such taking or not. 21. "ILCS" is the Illinois Compiled Statutes. 22. “Micromobility Devices” refers to a range of small, lightweight vehicles operating at speeds typically below 20 mph and driven by users personally with no more than two passengers. Micromobility Devices include unicycles, bicycles, tricycles, shared cycles, Electric Cycles (as defined herein), scooters, skateboards, and electric skateboards. Micromobility Devices do not include “low speed electric scooters” as defined by the Illinois Vehicle Code, 625 ILCS 5/1-140.11, which are prohibited within the Park System. The regulations set forth herein for Micromobility Devices shall not apply where necessary to make a reasonable accommodation for use of the Park System under the Americans with Disabilities Act. 23. "Operator" means a person who operates, drives, controls, or otherwise has charge of, or is in actual physical control of a Micromobility Device or any other mechanical mode of transportation or any other mechanical equipment. (a) It must be low speed (an electric motor of less than 750 watts). (b) It must have a maximum speed of less than 20 miles per hour. (c) It must have functional pedals. (d) The rider must be at least 16 years of age.
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24.
"Ordinance" means the Conduct Ordinance of the Naperville Park District.
25. “Organized Activities” means any planned activity, which is advertised or otherwise promoted, or sponsored by any person, and conducted at a predetermined time and place at a District Facility. 26. "Park Police" shall include any sworn officer of the Naperville Park District Park Police. 27. “Park Service Officer” shall include any non-sworn member of the Naperville Park District Police authorized to enforce ordinances. 28. "Permit" is the written authorization issued by or under the authority of the District, by a District officer or employee empowered to grant said authorization, to a Person to engage in a particular act or acts on District Property. Said authorization is subject to the terms and conditions specified in the Permit, license, or contract as well as all applicable federal, state, local, and District laws, ordinances, rules, and regulations. 29. "Person" is every natural person and every organization, firm, partnership, association, corporation, or entity of any kind or any employee, agent or officer thereof. This definition shall not include the District and any authorized officer, employee (full or part-time, regular or short-term), or agent of the District when acting within the scope of their authority. 30. "Possess" or "Possession" means exercising direct physical control or dominion, with or without ownership, over any kind of property, or archeological, cultural or natural resource. 31. "Refuse" includes without limitation trash, garbage, rubbish, waste, papers, bottles or cans, debris, litter, oil, solvents, liquid waste, or other discarded material whether solid or liquid. 32. "Services" shall include but not be limited to labor, professional services, transportation, leasing or renting any article, object, privilege, or service, giving of instructions or lessons, admission to exhibits, use of telephone or other utilities, or any act for which payment is customarily received. 33. "Smoke or Smoking" means the carrying, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted equipment facilitating such. "Smoke" or "smoking" does not include smoking that is associated with a native recognized religious ceremony, ritual, or activity by American Indians that is in accordance with the federal American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a. 34. "Take" or "Taking" means to pursue, hunt, harass, lure, harm, shoot, trap or ensnare, gig or spear, net, capture, collect, kill, destroy, wound, or attempt to do any of the above. 35. "Vehicle" means every device in, upon, or by which a person or property is transported or drawn on land, whether motor powered or self-propelled, except baby carriages, or strollers, or Micromobility Devices when properly used on walks or trails. Transport devices in the service of the District are exempt from the regulations set forth herein. The regulations set forth herein for vehicles shall not apply where necessary to make a reasonable accommodation for use of the Park System under the Americans with Disabilities Act.. 36. "Vessel" means every type or description of watercraft or object used or capable of being used as a means of conveyance or transportation on water, including without limitation boats, rafts, canoes, inner tubes, air mattresses, kayaks, jet skis, inflated devices, logs, branches, or any other buoyant object permitting or capable of free flotation. “Vessel” does not include personal floatation devices or equipment
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NAPERVILLE PARK DISTRICT ORDINANCE NO. 641
required for safety such as life vests. 37.
"Wildlife" shall include any waterfowl, mammal, animal, amphibian, reptile, or bird or the
young or eggs thereof, but excluding any domesticated dog or cat. Section 1.03. Construction and Scope. (a)
In the interpretation of this Ordinance, its provisions shall be construed as follows: (1) Where the context permits, words in the masculine gender shall include the feminine and neuter genders and words in the singular number shall include the plural number; (2) The word "shall" is always mandatory and not merely directory; (3) The word "may" is always permissive and upon the discretion of the District; (4) This Ordinance is in addition to and supplemental to all applicable state, federal, local, and District laws, ordinances, rules, and regulations including without limitation the Park District Code (70 ILCS 1205/1-1 et seq. ); (5) The meaning of any term, phrase, or word not otherwise defined in this Ordinance shall be con- strued and interpreted to mean the same as said term, phrase, or word is otherwise defined, construed or interpreted in such applicable federal, state, local, or District laws, ordinances, rules, or regulations; (6) The meaning of any term, phrase, or word not otherwise defined in this Ordinance or in such applicable federal, state, local, or District laws, ordinances, rules, or regulations shall retain its ordinary and properly understood meaning; (7) The descriptive headings of the various sections or parts of this Ordinance are for convenience only and shall not affect the meaning or construction, nor be used in the interpretation, of any provision of this Ordinance; and, (8) An attempt to commit an act or engage in an activity prohibited under this Ordinance shall likewise be deemed prohibited in the same manner as the commission of such act or the engaging in such activity and subject to the same penalties. (b) This Ordinance shall apply to and be enforceable within and upon all District Property and shall regulate the use thereof by all Persons. However, no provision hereof shall make unlawful any act necessarily performed by any officer, employee or agent of the District, member of the Park Police when acting within the scope of their authority or in their line of duty, or any other Person summoned by such person to assist them.
CHAPTER II - SPECIFIC RESTRICTIONS ON CONDUCT AND BEHAVIOR
Section 2.01. Aviation/Drones. (25/50) (a)
No Person shall fly, cause to be flown or permit or authorize the flying of Aircraft of any kind at any time over District Property at an elevation lower than the minimum safety requirements established by the Federal Aviation Administration or other governmental authority, at an elevation which is lower than is reasonably safe under the circumstances, or in a manner which endangers the safety of any Person on District Property. (b) No Person shall parachute or make an ascent or descent in an Aircraft into or onto District Property or cause, permit or authorize another Person to parachute or otherwise ascend/descend from an Aircraft into or onto District Property unless a Permit therefor has first been obtained from the District in accordance with Chapter V of this Ordinance, except when necessitated by unavoidable emergency. (c) The Park District asserts jurisdiction over its properties, including the first 150 feet above ground level. Accordingly, no Person shall, upon or in connection with any property of the District: start, fly or use any fuel-powered, battery-powered or electric-powered model or toy or any radio controlled model car, aircraft, boat or rocket or any like controlled or powered toy or model or drone subject to FAA Part 101 unless such activity is conducted above 150 feet above ground level or is conducted within an area and at times that the Park District has designated for such activities either by policy (e.g., Brush Hill Park) or by permit. The Director may grant, upon due application no less than 30 days in advance, a permit for use of like toys or models or drones subject to FAA Part 101 for special events, instruction classes or other functions on a case-by-case basis. A permit shall only be denied to prevent conflicts with other users of
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NAPERVILLE PARK DISTRICT ORDINANCE NO. 641
Facilities or where such activity would be contrary to the guidelines or regulations of the FAA. (d) No person shall operate, launch, take off, land, cause to launch, take off or land unmanned aircraft systems (“drones”) subject to FAA Part 107 of any kind from or on or over Park District Property without a permit. This restriction does not apply to any operation of a Drone at altitudes greater than 150 feet above ground level. (e) No person shall operate, launch, take off, land, cause to launch unmanned aircraft systems (“drones”) subject to FAA Part 101 unless such activity is conducted within an area and at times that the Park District has designated for such activities either by policy or permit and in no case: (1) in violation of the Federal Aviation Administration rules, regulations and safety guidelines governing such flight; (2) over or within fifty (50) horizontal feet of the property line of the following facilities: playground, athletic court or field, aquatic facility, golf course or skate park; (3) directly over any person, group of people or occupied space; (4) for the purpose of conducting surveillance (which is defined as the gathering of images, sounds, data or other information in a manner that intrudes upon the solitude, privacy or seclusion of a person or their private affairs or concerns), unless expressly permitted by law; (5) that is equipped with a firearm or other Weapon or with the intent to use the Drone or anything attached to the Drone to cause harm to persons or property; (6) whenever weather conditions would impair the operator’s ability to do so safely; or (7) in a reckless or careless manner. The restrictions set forth herein on the operation of drones shall not apply to operations at altitudes greater than 150 feet above ground level. (f) To the limited extent that this policy conflicts with regulations promulgated by the Illinois Department of Transportation, said regulations shall supersede this policy. No Person under the influence of Alcoholic Liquor shall enter into, be, or remain on District Property. For purposes of this Section 2.02 (a), “under the influence” means affected by Alcoholic Liquor, in any determinable manner. A determination of being “under the influence” can be established by a professional opinion, a scientifically valid test, a lay person’s opinion, or the statement of a witness. (b) No Person, other than the District or its agent, shall sell or deliver any Alcoholic Liquor on District Property, unless said Person has first obtained a Permit, license, or contract therefore from the District and, where necessary, the City or County. (c) No person shall distribute, provide or allow any person under 21 years old to possess or consume Alcoholic Liquor on District Property. No person under the age of 21 years old shall possess or consume Alcoholic Liquor on District Property. (d) No Person shall bring into, possess, consume, take, use, or transfer any Alcoholic Liquor Section 2.02. Alcoholic Liquor. (50/75) (a) on District Property without having first obtained a Permit therefor from the District unless they are in or on District Property where the possession, consumption, use, or transfer of Alcoholic Liquor is permitted, or unless the Alcoholic Liquor is legally possessed in an unopened container stored in the trunk of a motor
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NAPERVILLE PARK DISTRICT ORDINANCE NO. 641
vehicle.
(e) Every Person possessing, using, consuming, or transferring Alcoholic Liquor pursuant to this section, shall be subject to and shall comply with the Liquor Control Act of 1934 and all other state, local, and District laws, ordinances, rules, and regulations regarding the possession, use, consumption, or transfer of Alcoholic Liquor. Section 2.03. Controlled Substances and Cannabis. (50/75) For purposes of this section, the following words will have the following meanings: “cannabis” means any substance so defined in the Cannabis Regulation and Tax Act (P.A. 101-0027) (specifically, “Cannabis” means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indicia, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, “cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. “Cannabis” does not include industrial hemp as defined and authorized under the Industrial Hemp Act. “Cannabis” also means concentrate and cannabis infused products); “controlled substance” means any substance so defined in the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq.; “intoxicating compounds” shall include all substances listed in the Use of Intoxicating Compounds Act, 720 ILCS 690/0.01 et seq.; “under the influence” means affected by cannabis, any controlled substance, or any intoxicating compound in any determinable manner. A determination of being “under the influence” can be established by a professional opinion, a scientifically valid test, a layperson’s opinion or the statement of a witness or suspect. (a) Except in connection with a valid prescription, no Person under the influence of any Controlled Substance or Cannabis shall enter into, be, or remain on District Property unless they are following the Illinois State Statutes regarding marijuana and/or cannabis. Possession of cannabis is prohibited in a vehicle unless the cannabis is in a sealed, odor proof, child resistant cannabis container and reasonably inaccessible while the vehicle is moving. (b) Underage possession: No person under the age of twenty-one (21) shall purchase, possess, consume or transport cannabis on Park District property. (c) Except in connection with a valid prescription or except when legally permitted under the Illinois Cannabis Control Act, no person shall bring into, possess, consume, take, use, sell, or transfer any Controlled Substance or Cannabis on District Property. (d) Except in connection with a valid prescription, no Person shall possess, bring into or use Drug paraphernalia, except when legally permitted under the Illinois Cannabis Control Act, on or in connection with any district Property, with the intent to use it in ingesting, inhaling or otherwise introducing cannabis or a controlled substance into the human body, or in preparing Cannabis or a controlled substance for that use. (e) Every person possessing Cannabis pursuant to this section, shall be subject to and shall comply with the Illinois state law legalizing recreational cannabis and its limits under the Illinois Cannabis Control Act., and all other state local, and District laws, ordinances, rules, and regulations regarding the possession, use, consumption, or transfer of cannabis.
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Section 2.04. Smoking and Tobacco Products. (50/75) (a) Smoking or any use of a tobacco product or electronic cigarette is prohibited in all District buildings and in all District vehicles other than golf carts. In accordance with the Smoke Free Illinois Act, smoking is prohibited in indoor spaces under the jurisdiction of the Park District and within 15 feet from the entrances, exits, windows that open, and ventilation intakes to ensure that smoke does not enter the area through entrances, exits, open windows, or other means. Smoking and the use of tobacco products or electronic cigarettes is otherwise prohibited on all properties under the jurisdiction of the Park District with the exception of—and only to the extent not prohibited by the Smoke Free Illinois Act--designated vehicle parking areas; adjacent streets where parking is permitted; Springbrook Golf Course; Naperbrook Golf Course. (b) No Person under the age of twenty-one (21) years shall bring into, possess, have about or on their person, smoke, chew or otherwise consume, use, sell or transfer any tobacco product on District Property. Section 2.05. Animals and Pets. (25/50) (a) No Person shall bring or release onto District Property any Wildlife including without limitation any animal the capture or killing of which is authorized by the fish and game laws of the State of Illinois, or any other animal, except for service animals (as defined by the Americans with Disabilities Act) and domesticated dogs or cats, subject to the restrictions contained in this section. Provided, however, that the District may bring or release, or permit another Person to bring or release such proscribed animals onto District Property in conjunction with an activity (e.g., falconry) or event conducted or sponsored or permitted by the District or in conjunction with a zoo, museum, nature center, or similar facility controlled, permitted or licensed maintained by the District. (b) No Person shall feed any Wildlife on District Property. (c) Except as authorized by the Americans with Disabilities Act, no owner or agent of the owner having control of any domesticated dog, cat, or any other domesticated animal shall cause or permit such animal to be on District Property unless the pet is on a leash which shall not exceed ten (10) feet in length and such Person has in their immediate possession a device for removal, and a depository for the transportation of, animal excrement from such Property. (d) All owners or agents of the owner having control of any domesticated dog, cat, or other domesticated animal, shall remove any excrement from District Property left by such animal. (e) No Person shall bring a domesticated dog, cat, or any other animal onto or permit any animal to remain on any portion of District Property where the presence of animals is prohibited, except (i) in conjunction with an activity or event conducted or sponsored by the District, and (ii) Service Animals as authorized by the Americans with Disabilities Act that are specially trained to assist Persons with disabilities when they are accompanying the Persons with disabilities for purposes of providing such assistance. (f) Any animal found on District Property in violation of subsections (a) or (e) may be apprehended, removed to an animal shelter, public pound, or other place provided for that purpose, and disposed of pursuant to the applicable laws or ordinances of DuPage County or Will County. The owner or Person responsible for such animal shall be responsible for all costs and expenses incurred or encumbered in the removal and housing of such animal and such charge shall be in addition to and not in lieu of any other penalties provided for in this Ordinance and any other applicable federal, state, local or District laws, ordinances, rules or regulations. (g) No Person shall allow an animal, under their control, to chase, harass, wound or kill any
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domesticated or wild animal. Section 2.06. Assault, Battery or Fighting. (50/75) (a)
No Person shall, without lawful authority, engage in conduct on District Property that places another Person in reasonable apprehension of receiving bodily harm or physical contact of an insulting or provoking nature. (b) No Person shall intentionally or knowingly by any means cause bodily harm or make physical contact of an insulting or provoking nature with another Person on District Property. (c) No Person shall provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another while on District Property. (d) No Person shall assemble or congregate with another or others for the purpose of causing, provoking or engaging in any fight or brawl on District Property. (e) No Person shall knowingly and intentionally jostle or roughly crowd or otherwise push or shove any person on District Property. Section 2.07. Begging, Panhandling, Soliciting. (25/50) (a) No person shall beg or panhandle on District property or in District buildings, facilities or playgrounds or the entrances or stairways of such buildings or facilities. (b) No Person on District Property shall obstruct or impede pedestrians or vehicles; harass park visitors with physical contact or persistent demands; misrepresent their affiliations; misrepresent what the solicited funds will be used for; or interfere, interrupt, or engage in conduct incompatible with the purpose of any program, activity, function, and/or special event conducted, sponsored licensed or otherwise permitted by the District; or coerce or intimidate another person into giving money, goods or services. Section 2.08. Boating/Watercraft. (25/50) (a) No Person shall launch any Vessel in District Waters, except from such places as may be designated therefor. (b) No Person shall use, employ, or be in or upon any District launching ramp except during hours when the park in which the ramp is located is open. (c) No Person may launch or remove a Vessel from District property or traverse any waterway under the jurisdiction or control of the District, including but not limited to the DuPage River, unless said Vessel is subject to the Illinois Boat Registration and Safety Act, 625 ILCS 45/1-1 et seq. and displays the appropriate registration decal, numbering, water usage stamp or permit as required. (d) No person shall traverse any waterway closed for safety reasons by the District, where the District owns both corresponding sides of the waterway, including but not limited to relevant portions of the DuPage River. The closure of waterways within the boundaries of the District by authority of the Illinois Department of Natural Resources shall likewise be enforceable. This section does not apply to the use of vessels to be used in approved park district programs or events (e.g., paddleboat, paddleboard, kayak rentals, watercraft lessons, etc.).
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NAPERVILLE PARK DISTRICT ORDINANCE NO. 641
Section 2.09. Camping. (25/50) (a)
No Person shall place, erect, or use any hammock, swing, tent, shelter, or any other type of temporary or permanent, housing or camping equipment on District property, nor otherwise camp in any manner on District Property, other than as a participant in a program, activity or special event conducted, sponsored or permitted by the District. (b) Any person who violates any provision of this Section shall be subject to a fine of fifty dollars ($50.00) for a first or second offense within a 12-month period, and a fine of one hundred dollars ($100.00) for a third or subsequent offense within a 12-month period. Each day that a violation of this Section continues shall be considered a separate and distinct offense. (c) Any person who violates any provision of this Section, and who continues to violate any provision of this Section, may be subject to an injunction to enforce this Section. (d) Any person who accumulates, masses together and maintains personal property such as supplies, goods, clothing, or personal effects upon District Property shall be required to remove such personal property from the District Property within twenty-four hours of the notice to remove. If the personal property is interfering with any Park District program or activity, then the personal property may be immediately removed to another portion of District Property in order to avoid the interference with the program or activity despite any previously issued notices from the Park District allowing for 24 hours’ notice to remove. Notice to abate the storage of personal property upon District Property shall be given to the owner or person in control of the personal property by personal service. Upon the failure of the owner of the personal property to remove the personal property within twenty-four hours of the service of the notice, the District may lawfully remove the personal property. The personal property removed from District Property by the District pursuant to this Section shall be disposed of if not claimed by the owner within thirty (30) days of its removal. Any costs associated with such abatement and storage may be charged to and assessed to the property's owner. Section 2.10. Charitable, Religious, Political, or Non-Profit Activities. (25/50) (a) For purposes of this section, charitable, religious, political, or non-profit activities shall include, without limitation, soliciting contributions, the sale or distribution of merchandise, soliciting votes or circulating petitions for or against any candidate for election to public office or with respect to any referendum or other public question. (b) Soliciting contributions for charitable, religious, political, or non-profit organizations is permitted on District Property, other than the Riverwalk, provided that a Free Speech Permit therefor has first been obtained from the District in accordance with Chapter V of this Ordinance. (c) The sale or distribution of merchandise by charitable, religious, political, or non-profit organizations is permitted on District Property, other than the Riverwalk, provided that a Free Speech Permit therefor has first been obtained from the District in accordance with Chapter V of this Ordinance. (d) Soliciting votes and circulating petitions for or against candidate for election to public office or with respect to any referendum or other public question is permitted on District Property in areas open to the general public, other than the Riverwalk, without a Free Speech Permit, subject to the limitations set forth in paragraphs (e) and (f) of this Section 2.10. (e) No Person shall engage in any activity described in subsections (a) through (d) of this Section 2.10, in District buildings (including lobbies, entrances, hallways, or rooms), or on District athletic fields, or in any other Facility when to do so will interfere with any program, activity, class, function, rental or special event.
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NAPERVILLE PARK DISTRICT ORDINANCE NO. 641
(f) No Person engaged in the activities described in subsections (a) through (d) of this Section 2.10 shall obstruct or impede pedestrians or vehicles, harass park visitors with physical contact or persistent demands, or interfere, interrupt, or engage in conduct incompatible with the purpose of, any program, activity, function, and/or special event conducted or sponsored by the District. Section 2.11 Commercial Sale, Exhibition, or Distribution of Goods or Services. (25/50) (a) No peddler, vendor or any other Person shall, absent a Permit, license, or contract, from the District, engage in any activity for gain or for which any charge is made or any commercial sale, rental, exhibition, or distribution of goods or services, including without limitation the giving of instruction or lessons for a fee, upon District Property. The District shall not issue any Permit for a Person to engage in any such activity that is deemed to be in conflict or in competition with District programs. The District shall not issue any Permit for a Person to engage in any such activity on the District Property known as the Riverwalk, but may issue a license or contract allowing a Person to engage in such an activity at specified locations on the Riverwalk as part of a Park District program. Persons interested in conducting commercial sale, exhibition, or distribution of goods or services must apply for and receive a permit from the Park District, and pay associated permit fees, prior to using or advertising the use of District Property. (b) Still photography by commercial photographers is allowed on District Property without a permit under the following conditions: 1) that the photography and associated activity do not, regardless of duration, unreasonably interfere with usage by other persons; 2) in addition, no one location within a park may be used by the photographer for more than 15 minutes for any of the photographic activities; and 3) in addition, no one park may be used by the photographer for more than an aggregate total of 60 minutes on any single calendar day for any of the photographic activities. Photographers unable to meet these conditions must apply for and receive a permit from the Park District, and pay associated permit fees, prior to using or advertising the use of District Property. The use of District Property for film productions requires a Permit, license, or contract from the District prior to use of the property. (c) No Person engaged in any activity for gain or for which any charge is made or any sale or distribution of goods or services under this section shall obstruct or impede pedestrians or vehicles, harass park visitors with physical contact or persistent demands, misrepresent the affiliations of those engaged in such activities, misrepresent whether the goods or services are available without cost or donation, or inter- fere, interrupt, or engage in conduct incompatible with the purpose of any program, activity, function, and/or special event conducted, sponsored, licensed or otherwise permitted by the District. Section 2.12. Cooperation with Authorities. (50/75) (a) No Person shall physically hinder, threaten, resist, intimidate, disobey, bribe, and attempt to bribe, or otherwise intentionally interfere with any member of the Park Police or any District employee or agent in the performance of their duties. (b) No Person shall falsely represent that they are, or otherwise pretend to be, a District officer or employee, a member of the Park Police, or an agent or other representative of the District. (c) No Person shall knowingly give a false report or false information (including, without limitation, information requested in a Permit application) for the purpose of misleading a District employee or agent, or a member of the Park Police in the conduct of their official duties.
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NAPERVILLE PARK DISTRICT ORDINANCE NO. 641
Section 2.13. Disorderly Conduct. (50/75) No person shall knowingly: (a)
Upon or in connection with any property of the District: engage in behavior or speech that disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in the use of the Parks or any facility thereof and provokes a breach of the peace. (b) Make or cause to be made any excessively loud or unreasonable noise which disturbs the peace. For purposes of this subsection 2.13(b), noise is excessively loud or unreasonable when it exceeds 60 DBA at a distance of 75 feet from the source. This section shall not apply to the playing of any musical instrument, public speaking, or the amplification thereof, in conjunction with activities conducted or sponsored by the District. A permit to exceed the noise limitations in subsection 2.13(b) will be granted for activities consistent with, or attendant to, appropriate and customary park and recreational activities that are reasonable for the location and time of day or night. Notwithstanding any permit, however, no person shall exceed the noise standards of the State of Illinois. (c) Shall use obscene or abusive language or gestures or threatens violence or injury to the person or property of others, in a manner intended and likely to incite or produce an immediate breach of the peace or violent or disorderly response. (d) Shall congregate with other Persons on District Property with the intent to restrict vehicular or pedestrian traffic or with the intent to restrict the free ingress to or egress from District Property and fail to comply with a lawful order of the Park Police to disperse issued in response to acts likely to cause substantial harm, or under circumstances where it is reasonable to believe that the order is necessary to allow Park Police to address a situation that threatens the public health, safety, or welfare. (e) No person shall transmit a call to a District official or to fire or police personnel knowing such call is in fact false. (f) No person shall cause a disturbance, hinder, intimidate or obstruct a District official engaged in his or her official duties. No one engaged in illegal activities shall remain on District property after being instructed to leave by a District official. (g) No person shall solicit or offer a sexual act from another while on District property. (h) Golf play or golf practice is not allowed in parks. Golf play or practice is limited to areas designated as golf driving ranges, golf practice areas and golf courses, subject at all times to payment of any applicable fees or charges relating to same. (i) Urinate or defecate at a location or in a receptacle not approved by the District for such purposes. Section 2.14. Display of Permit or Pass. (25/50) Every Person shall produce or display a Permit, License, Contract or pass when requested to do so by any authorized Person for the purpose of enforcing compliance with any federal, state, local, or District law, ordinance, rule, or regulation, when such Permit, License, Contract or pass is required to engage in an activity on District Property.
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NAPERVILLE PARK DISTRICT ORDINANCE NO. 641
Section 2.15. Dumping, Pollution, Sanitation, and Litter. (50/75) (a) No Person shall litter, cast, throw, drop, leave, scatter, place, pile, or otherwise dump or deposit in any manner any kind of dirt, rubbish, placard, handbill, pamphlet, circular, book, notice, flyer, other promotional material, paper of any kind, ashes, garbage, waste material, snow, ice, or other substance, whether liquid or solid, or any other refuse in or upon District Property – including upon automobiles in parking lots on District Property -- except as specifically permitted by the District. Paper, glass, cans, bottles, garbage and other refuse arising from lawful use of District Property shall be deposited in receptacles provided by the District for that purpose. Where receptacles are not provided, are missing, or are full to capacity, all such garbage, refuse, or other material shall be carried away from the area of use by the Person responsible for its creation and presence, and properly disposed of elsewhere. No Person shall place household garbage, yard or construction waste, trash, rubbish or other matter generated outside of District property into garbage receptacles provided by the District. No Person shall discard, store, leave, or pile any form of yard waste, grass clippings, tree or shrub trimmings or any other form of landscape waste on District property. (b) No Person shall urinate or defecate on District Property other than in toilets in rest room facilities expressly provided for such purposes. (c) No Person shall drain refuse from a trailer or other vehicle on District Property. (d) No Person shall bathe or wash themselves or food, clothing, dishes, or other property at water outlets, fixtures or pools on District Property, except at those areas designated by the District for such use. (e) No Person shall pollute or contaminate District Property or District Waters. (f) No Person shall dispose of fish remains on District Property, or in District Waters within 200 feet of boat docks or designated swimming beaches and areas, or within any park area of the District except as permitted by the District. (g) No Person shall dispose of human or animal waste on District Property except at designated locations or in fixtures provided for that purpose. (h) Any Person violating this section shall be assessed the cost of removing any such improperly deposited substance or material and such charge shall be in addition to and not in lieu of any other penalties provided for in this Ordinance or applicable federal, state, local, and/or District laws, ordinances, rules, and regulations. Section 2.16. Unlawful Construction, Maintenance or Encroachment. (100 – 500) No Person shall upon or in connection with any property owned and/or managed by the District: (a) Erect, construct, install, or place any structure, building, improvement, shed, fence, wall, dog run, dog house, tree house, playhouse, play equipment, TV or radio reception device, machinery, equipment, or apparatus of any type, whether stationary or moveable and whether permanent or temporary in character, or stockpile, store or place any organic or inorganic material used for the construction of such items on, below, over or across a Park, without the written authorization from the District and the City of Naperville, and then only in accordance with the terms and conditions set forth in a license agreement, easement or other written agreement. Corporations may be prosecuted for a violation of this Section when an agent of the corporation performs the conduct that is prohibited. (b) Perform, cause or authorize any mowing, trimming, cutting, or grooming of District
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NAPERVILLE PARK DISTRICT ORDINANCE NO. 641
property, or perform any similar grounds maintenance for any purpose, or in any like manner encroach onto District property from privately or publicly owned lands. (c) Place, stockpile or store any gravel, stone, dirt, sand, wood, lumber or any other organic or inorganic material on District Property. (d) Place any electrical wire, conduit, or pipe, or any public service or private utility, into, upon, above, or across or beneath District Property, unless a Permit, License, or Contract therefor has first been obtained from the District and the City of Naperville. (e) Plant vegetation of any kind on District Property without written authorization of the District. (f) Allow, authorize, build, construct, or place the discharge point of any sump pump, pool, water feature, or foundation drainage, or any storm water management measures, including but not limited to swales, drains and contouring, that directs or is intended to direct sump pump or foundation drainage discharge, onto District Property. All discharge of sump pumps and foundation drainage adjacent to District property, shall be setback from the District’s property line, in such a manner that the water flow is discharged onto the originating property and flows in accordance with Illinois drainage law. (g) Any person, who violates any part of Section 2.16, shall, after receiving written notification of violation from the District and in accordance with the timeframe and directions outlined in such notification, shall comply with the District’s directives, whether in writing or delivered orally by a person with authority to enforce this Ordinance. The District shall have the discretion to address the encroachment with a negotiated agreement, civil remedy at law, or any other lawful remedy available to the District, including the physical removal of the encroachment. (h) The District may remove any encroachment(s) from District Property and assess the person(s) who violated this Section 2.16 the cost of removing such encroachment(s), and such charge shall be in addition to and not in lieu of any other penalties or remedies provided for in this Ordinance or any applicable City of Naperville ordinance and/or State law. (i) Any person who commits a violation of any part of this Section 2.16, in addition to any other civil or criminal penalty imposed, may be subject to a District ordinance fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00). Section 2.17. (25/50) Fairs and Special Events: Sale and Distribution of Merchandise; Soliciting Contributions. No Person shall sell and/or distribute merchandise or printed or written materials or solicit contributions, votes or signatures during fairs or special events conducted or sponsored by the District except at a fixed location designated by the District and unless the appropriate Permit therefor has first been obtained from the District in accordance with Chapter V of this Ordinance. The District shall allocate space at the fixed location to applicants on a first-come, first-served basis until no more space remains available. Section 2.18. Fires. (25/50) (a) No Person shall light, maintain, or make use of any fire on District Property, except at such places and at such times as the District may designate for such purpose and under such rules as may be prescribed by the District and the City of Naperville. Use of park district designated fire rings (e.g., Seager Park, Knoch Knolls Park) requires permits from the City of Naperville and the District. Grills: See
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