C HAPTER 5
PARKS AND RECREATION
| ARTICLE 1. ADMINISTRATION OF PARKS AND RECREATION FACILITIES. | |
| Sec. 5-1 | Authority to Operate. |
| Sec. 5-2 | Establishment of Department Parks and Recreation. |
| Sec. 5-3 | Park and Recreation Board. |
| Sec. 5-4 | Terms of Park and Recreation Board Members. |
| Sec. 5-5 | Board Officers. |
| Sec. 5-6 | Powers of the Board. |
| Sec. 5-7 | Annual Budget and Acceptance of Gifts and Donations. |
| Sec. 5-8 | Through Sec. 5-14 Reserved for Future Use. |
| ARTICLE 2. PARK RULES AND REGULATIONS. | |
| Sec. 5-15 | Designation of Public Parks. |
| Sec. 5-16 | Operation and Supervision by the City. |
| Sec. 5-17 | Compliance with Rules and Regulations Required. |
| Sec. 5-18 | Destruction, Damage of Park Property Prohibited. |
| Sec. 5-19 | Hunting or Trapping in City Parks Prohibited. |
| Sec. 5-20 | Plant Life Removal Prohibited. |
| Sec. 5-21 | Ravine Park Hours of Operation - Penalty. |
| Sec. 5-22 | Definitions. |
| Sec. 5-23 | Motor Vehicle Regulations and Penalties. |
| Sec. 5-24 | Penalties. |
| Sec. 5-25 | Swimming Fees. |
| Sec. 5-26 | Through Sec. 5-34 Reserved for Future Use. |
| ARTICLE 3. CEMETERIES. | |
| Sec. 5-35 | Authority to Operate Cemeteries. |
| Sec. 5-36 | Designation of City Cemetery. |
| Sec. 5-37 | City to Operate Riverside Cemetery. |
| Sec. 5-38 | Records Maintained by Clerk-Treasurer. |
| Sec. 5-39 | Cemetery Rules and Regulations. |
| Sec. 5-40 | Uniform Depth of Graves. |
| Sec. 5-41 | Driving Over Graves Prohibited. |
| Sec. 5-42 | Placing of Poison Unlawful - Exceptions. |
| Sec. 5-43 | Maintenance of Cemetery. |
| Sec. 5-44 | Violation - Penalty. |
| Sec. 5-45 | Cemetery Fees and Charges. |
| Sec. 5-46 | Through Sec. 5-59 Reserved for Future Use. |
C HAPTER 5
PARKS AND RECREATION
ARTICLE 1. ADMINISTRATION OF PARKS AND RECREATION FACILITIES.1
1EDITOR'S NOTE: Ord. No. 14, 1987, passed on October 12, 1987, replaced Ord. No. 796-66 which had been passed on August 22, 1966.
Sec. 5-1 Authority to Operate.2
2 Indiana Code, § 36-10-2-2, authorizes cities to establish and maintain park facilities.
The City may establish, aid, maintain, and operate public parks, playgrounds, and recreation facilities and programs.
Sec. 5-2 Establishment of Department Parks and Recreation.3
3 Indiana Code, §§ 36-10-3-1 through 36-7-12-37, as it may be amended from time to time set forth applicable state laws.
Under the provisions of Indiana Code, § 36-10-3, there is created a municipal Department of Parks and Recreation. (Ord. No. 14, 1987, § 1, 10-12-87; Bk. 26, p. 250)
Sec. 5-3 Park and Recreation Board.
A Park and Recreation Board shall be created composed of:
a. Four (4) members appointed by the Mayor on the basis of their interest and knowledge of parks and recreation. No more than two (2) members shall be of the same political party. (Ord. No. 14, 1987, § 2, 10-12-87; Bk. 26, p. 250)
b. Additionally, there may be appointed a member of the governing body of the Attica Public Library, or a person selected by that body.
Sec. 5-4 Terms of Park and Recreation Board Members.
a. Upon establishment of the board, the terms of the members initially appointed shall be:
(1) One (1) member for a term of one (1) year,
(2) One (1) member for a term of two (2) years,
(3) One (1) member for a term of three (3) years, and
(4) One (1) member for a term of four (4) years.
b. As a term expires, each new appointment shall be made by the Mayor for a term of four (4) years. All terms expire on the first Monday in January, but a member shall continue in office until his successor is appointed. If an appointment for a new term is not made by the Mayor by the first Monday in April, the incumbent shall serve another term. If a vacancy occurs, the Mayor shall appoint a new member for the remainder of the unexpired term. (Ord. No. 14, 1987, § 3, 10-12-87; Bk. 26, p. 250)
Sec. 5-5 Board Officers.
At its first regular meeting in each year, the Board shall elect a President and Vice President. The Vice President shall have authority to act as the President of the Board during the absence or disability of the President. The Board may select a secretary either from within or without its own membership (Ord. No. 14, 1987, § 4, 10-12-87; Bk. 26, p. 250)
Sec. 5-6 Powers of the Board.
The Board shall have the power to perform all acts necessary to acquire and develop sites and facilities and to conduct such programs as are generally understood to be park and recreation functions. In addition, the Board shall have all the powers and duties listed in Indiana Code, 36-10-3. (Ord. No. 14, 1987, §5, 10-12-87; Bk. 26, p. 250)
Sec. 5-7 Annual Budget and Acceptance of Gifts and Donations.
The Board shall prepare and submit an annual budget in the same manner as other departments of city government as prescribed by the State Board of Accounts. The Board may accept gifts, donations, and subsidies for park and recreation purposes. (Ord. No. 14, 1987, §6, 10-12-87; Bk. 26, p. 250)
Sec. 5-8 Through Sec. 5-14 Reserved for Future Use.
ARTICLE 2. PARK RULES AND REGULATIONS.
Sec. 5-15 Designation of Public Parks.4
4Editor's Note: The May 10, 1977, Park Board meeting listed the following city parks: Triangle Park, North Park, Tipton Park. Ravine Park and McDonald Park. (Bk. 24, p. 271)
The following parks are designated as official parks of the City of Attica, Indiana:
Sec. 5-16 Operation and Supervision by the City.
The City shall supervise, maintain and operate said designated parks in accordance with the statutes applicable and shall enact such rules and regulations as are necessary for their proper care, maintenance and operation. (Municipal Code of the City of Attica, Indiana, 1967, § 24-2)
Sec. 5-17 Compliance with Rules and Regulations Required.
All persons entering in or upon the areas of the designated parks shall comply with all the rules and regulations promulgated by the city with respect to the use and maintenance of said parks. (Municipal Code of the City of Attica, Indiana, 1967, § 24-3)
Sec. 5-18 Destruction, Damage of Park Property Prohibited.
The destruction, damaging, tampering with or theft of any park property is expressly prohibited. Any person in violation of this Section shall be subject upon conviction to a fine as further addressed in Sec. 5-21 of the Attica City Code. (Municipal Code of the City of Attica, Indiana, 1967, § 24-4)
Sec. 5-19 Hunting or Trapping in City Parks Prohibited.
The hunting, trapping, shooting or killing of animal wild life in the City Parks is prohibited. Any person in violation of this section shall be subject upon conviction to a fine as further addressed in Sec. 5-21 of this Chapter. (Municipal Code of the City of Attica, Indiana, 1967, § 24-5)
Sec. 5-20 Plant Life Removal Prohibited.
The destruction, damaging, tampering or removal of any plant life in the City Parks is prohibited. Any person in violation of this section shall be subject upon conviction to a fine as further addressed in Sec. 5-21 of this Chapter. (Municipal Code of the City of Attica, Indiana, 1967, § 24-6)
Sec. 5-21 Ravine Park Hours of Operation - Penalty.
a. Ravine Park shall be closed to the general use of the public between the hours of 10:00 o'clock P.M. And 7:00 o'clock A.M. Each day of the year.
b. Any use of the park facilities during the closed hours must be approved by the Clerk-Treasurer upon written application submitted to said Office of the Clerk-Treasurer. (Ord. No. 900, 1977; §§ 1-3, 8-8-77; BK. 24, p. 279)
c. Anyone violating any of the provisions of this Section shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.
Sec. 5-22 Definitions.
The following words and phrases, when used in this Chapter, shall have the meanings normally associated to them and more clearly set out as below:
a. MOTORCYCLE - every motor vehicle having a saddle for the use of a rider and designed to travel on two, three or four wheels.
b. MOTORIZED BICYCLE - a bicycle with operable pedals which may be propelled by human power or by an internal combustion engine or a battery powered motor or by both.
c. MOTOR VEHICLE - every vehicle, as herein defined, which is self-propelled.
d. OPERATOR - every person who operates or drives, or is in actual physical control of a motor vehicle, motorized bicycle or motorcycle. (Ord. No. 9, 1989)
e. PUBLIC ROAD - the entire width between boundary lines of every public way, publicly
maintained, when any part thereof is open to the use of the public for purposes of vehicular traffic.
(Ord. No. 10, 1989; §§ 1-2, 7-3-89)
f. VEHICLE - every device in, upon or by which any person or property is, or may be,
transported or drawn upon a public road, except devices motorized exclusively by human power.
(Ord. No. 9, 1989 - -)
Sec. 5-23 Motor Vehicle Regulations and Penalties.
a. No person shall operate any motorcycle, motorized bicycle, motor vehicle or vehicle
within the public parks in the City of Attica when such operation is off of the public roads within the
parks.
(Ord. No. 9, 1989, - -89)
b. The operator of any such motorcycle, motorized bicycle, motor vehicle or vehicle shall be
guilty of an ordinance violation and shall be fined in the amount not less than fifty dollars ($50.00) and
not more than five hundred dollars ($500.00). In addition, the Court may assess any damages caused by
the operator to the grounds of the public parks.
(Ord. No. 9, 1989, - -89)
Sec. 5-24 Penalties.
Anyone violating any of the provisions of this Article shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.
Sec. 5-25 Swimming Fees.
a. The cost of a summer swim seasonal pass at the Attica Swimming Pool shall, for an individual, be the sum of forty dollars ($40.00) and for a family pass the sum of eighty-five dollars ($85.00) for up to four (4) family members with an additional ten dollars ($10.00) per person per household beyond four (4) family members.
b. The cost for rental of the Attica Swimming Pool by private individuals or companies for
private parties shall be as determined by the Attica Park Board.
(Ord. No. 18, 1998, § 5, 12-14-98; Am. Ord. No. 9, 2000, 7-10-00)
Sec. 5-26 through Sec. 5-34 Reserved for Future Use.
ARTICLE 3. CEMETERIES.
Sec. 5-35 Authority to Operate Cemeteries.5
5Indiana Code, 23-14-24-I through Indiana Code, 23-14-24-15, addresses "City and Town Cemeteries."
The City of Attica may own and operate public cemeteries, and have control and management of such operations.
Sec. 5-36 Designation of City Cemetery.
Riverside Cemetery is designated as the City Cemetery.
(Municipal Code of the City of Attica, Indiana, 1967, § 28-2)
Sec. 5-37 City to Operate Riverside Cemetery.
The city shall supervise, maintain and operate said Riverside Cemetery in accordance with the
statutes applicable and shall enact such rules and regulations as are necessary for the proper maintenance,
care and operation.
(Municipal Code of the City of Attica, Indiana, 1967, § 28-1)
Sec. 5-38 Records Maintained by Clerk-Treasurer.6
6Indiana Code, 23-14-24-15, addresses gifts and bequests.
The Clerk-Treasurer shall keep all records concerning sale of lots, deeds, transfers and burials by
grave, lot and block number. A plot plan of each lot designating burials on lot shall be on file in the
Clerk-Treasurer's office.
(Municipal Code of the City of Attica, Indiana, 1967, § 28-3)
Sec. 5-39 Cemetery Rules and Regulations.7
7Indiana Code, 23-14-24-2, addresses powers and duties.
The rules and regulations for the cemetery shall deal with the privileges and restrictions
concerning its proper use and maintenance.
(Municipal Code of the City of Attica, Indiana, 1967, § 28-4)
Sec. 5-40 Uniform Depth of Graves.
All graves shall be of a uniform depth of not less than five (5) feet:
(Municipal Code of the City of Attica, Indiana, 1967, § 28-5)
Sec. 5-41 Driving Over Graves Prohibited.
It shall be unlawful for any person to ride or drive any vehicle of any description over or upon the grass or graves located within the cemetery. (Municipal Code of the City of Attica, Indiana, 1967, § 28-5)
Sec. 5-42 Placing of Poison Unlawful - Exceptions.
It shall be unlawful for any person to place any poison in or about any grave or lot regardless of purpose; provided, however, the sexton may under the direction of the Council use such poison or pesticides for destruction of noxious weeds or troublesome pests. (Municipal Code of the City of Attica, Indiana, 1967, § 28-6)
Sec. 5-43 Maintenance of Cemetery.
It shall be unlawful for any person to leave any cut grass or rubbish on or about the cemetery. All grass and weeds and accumulated rubbish must be removed immediately. (Municipal Code of the City of Attica, Indiana, 1967, § 28-7)
Sec. 5-44 Violation - Penalty.
Any person violating any of the provisions of this Article shall be subject to the penalty provisions of Sec. 1-17 of this Attica City Code.
Sec. 5-45 Cemetery Fees and Charges.8
8Historical Note: The Common Council raised the cost of grave openings from $95.00 to $150.00 and the cost of each grave site from $50.00 to $80.00 at its meeting on July 27, 1981. (BK. 25, p. 191)
The following charges shall be assessed:9
9Historical Note: Ord. No. 1, 1993 replaced the $5.00 per cubic foot charge for cemetery marker foundations which was established by Reg. No. 1, 1985 on March 25, 1985.
a. For the cost of opening and closing of a grave on a Monday, Tuesday, Wednesday, Thursday, Friday, or Saturday (excluding holidays) the sum of three hundred dollars ($300.00) shall be charged and the cost for opening and closing of a grave on Sunday and holidays shall be the sum of three hundred and fifty dollars ($350.00). (Ord. No. 18, 1998, § 2, 12-14-98)
b. The cost of a grave shall be the sum of two hundred dollars ($200.00) per grave. (Ord. No. 18, 1998, § 3, 12-14-98)
c. The cost of a foundation at the cemetery shall be six dollars and fifty cents ($6.50) per cubic foot. (Ord. No. 18, 1998, § 4, 12-14-98)
Sec. 5-46 Through Sec. 5-59 Reserved for Future Use.