Ordinance Amendment to Chapter 10 County Parks

NOW, THEREFORE, THE SAUK COUNTY BOARD OF SUPERVISORS DOES ORDAIN AS FOLLOWS:

Section 1. Any existing ordinances, codes, resolutions, or portions thereof in conflict with this ordinance shall be and hereby are repealed as far as any conflict exists.

Section 2. This ordinance shall take effect the day after passage and publication as required by law.

Section 3. If any claims, provisions, or portions of this ordinance are adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

            Section 4. Chapter 10 of the General Code of Sauk County, Wisconsin, is repealed and replaced as follows [additions noted by underline, deletions noted by strikethrough]:

 

10.01 County Property.       (1)   Except when the context provides otherwise, the provisions of this chapter shall apply to all lands, structures and property owned, leased, or administered by Sauk County under the management, supervision and control of the Sauk County Highway & Parks Committee.

            (2)        It shall be unlawful for any person to destroy, molest or deface any natural growth or natural or archaeological features, or any Sauk County property; to enter or be in any building, installation or area that may be locked or closed to public use or contrary to posted notice.  The picking of edible fruits or nuts is permitted.

            (3)        For the purposes of this chapter, the following definitions apply:  

            (a)        ADULT GROUP.  A group made up of adult members (18 years of age or older) of an established organization.

            (b)        CAMP OR CAMPING.  The use of a shelter such as a tent, trailer, motor vehicle, tarpaulin, bedroll or sleeping bag for temporary residence or sleeping purposes.

            (c)        CAMPING PARTY.  Any individual, family, individual group or juvenile group occupying a campsite.

            (d)        CAMPING UNIT.  Any single shelter except sleeping bags and hammocks used for a camp by a camping party except those used exclusively for dining purposes.

            (e)        CAMPSITE.  A segment of a campground which is designated for camping use by a camping unit or camping party.

            (f)         FAMILY.  A parent or parents with their children and no more than two (2) lineal relatives or not more than two (2) minor guests.

            (g)        FAMILY CAMPGROUND.  Any tract of land designated for camping by families.

            (h)        GROUP CAMPING.  A campground designated for use by groups.

            (i)         HUNT.  “Hunt” or “hunting” includes shooting, shooting at, pursuing, taking, capturing, or killing or attempting to capture or kill any wild animal.

            (j)         INDIVIDUAL GROUP.  A camping party of not more than five persons occupying one (1) camping unit.

            (k)        JUVENILE GROUP.  A group made up of juvenile members of an established organization and under the leadership of at least one (1) competent, mature adult for each ten juveniles in the group and using any number of camping units or occupying a group campground.

            (l)         PICNIC AREA.  Any tract of land developed and maintained for picnicking.  Included in the definition of picnic area are adjacent playground and play field areas.

            (m)       SERVICE ANIMAL.  A guide dog, signal dog, or other animal that is individually trained, or is being trained, to do work or perform tasks for the benefit of a person with a disability, including the work or task of guiding a person with impaired vision, altering a person with impaired hearing to intruders or sound, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

 

            10.02 Public Meetings.  All public meetings, assemblies, entertainments, tournaments or public discussion on any subject, religious, social, political, or otherwise are prohibited within the limits of any park or parkway except when a written permit of the Sauk County Highway & Parks Committee has been granted.  No person shall make any oration, or harangue or public speech, nor use any loud speaker or other amplifying equipment in any park or parkway without written permit of the Sauk County Highway & Parks Committee. 

 

            10.03 Rules and Regulations of Park Usage. (1) No person shall in any manner disturb, harass or interfere with any person or party holding a written permit as indicated above nor with any of their equipment or property.  Radios and other devices must be turned low at all times so as to not be heard from a distance beyond twenty feet from the instrument.

            (2)        No person shall engage in any sport, game, race or amusement in any park or parkway except upon such portions thereof as may be designated for that purpose, and then only under such rules and regulations as may be established by the Sauk County Highway & Parks Committee.

            (3)        Permits for the exclusive use of any picnic or play area for any specified date or time may be granted at the discretion of the Sauk County Highway & Parks Committee and no person or persons shall in any manner disturb or interfere with any person or party occupying the grounds under such a permit, nor with any of their equipment or property.

            (4)        No person shall sell, keep or offer for sale, any tangible or intangible article, merchandise or thing, nor solicit for any trade, occupation, business or profession, or for alms, within any park or parkway, without a written permit of the Sauk County Highway & Parks Committee.

            (5)        No person shall distribute, post, affix or display any card, handbill, sign placard, target, banner, flag (except that of the United States), or advertisement of any kind within any park or parkway, or upon any of the gates or enclosures thereof without a written permit of the Sauk County Highway & Parks Committee.  The word “distribute” shall include the scattering of printed matter from aircraft.

            (6)        No person shall carry, fire or discharge any gun, pistol or firearm, nor carry any dangerous weapon of any type, nor discharge any arrow, slot, bullet, projectile or bolt, rocket, torpedo or other fireworks of any description, except in areas designated and permitted by the Department of Natural Resources or the Sauk County Highway & Parks Committee.

            (7)        No person shall have in his or her possession or under his or her control any bottle, jar, container, cup, or receptacle made of glass, ceramic, earthenware, or similar breakable material.  No person shall take any breakable glass material, including, but not limited to, window glass into or upon any Sauk County Park property, with the exception of campers within the campground.  Nothing herein shall prohibit any person from having or possessing any eye glasses or lenses or any glass which is an integral part of sporting equipment which is used on such property.

            (8)        No person shall hunt or trap in any way or manner in any Sauk County Parks, except in areas designated by the Department of Natural Resources or the Sauk County Highway & Parks Commitee.

            (9)        No person shall throw stones or missiles in or into any park or parkway.

            (10)      No person shall make or kindle a fore for any purpose except in places provided therefor, and then subject to such regulations as may be prescribed.

            (11)      Possession of firewood that originates from more than fifty (50) miles away for a Sauk County park is prohibited.  Violation of this ordinance section is cause for confiscation of prohibited firewood.

            (12)      No person shall wash any vehicle or pet except at authorized locations within the parks.

            (13)      Animals.

            (a)        All animals must be under control.  A barking dog is not controlled.  Animals must not be left unattended.  Animal owners are not allowed to let their animals interfere in any manner with the enjoyment of the park by others.  Animals must not be allowed to cause a public nuisance or disturbance of any kind.  Animal owners are responsible for proper removal and disposal of waste products by their animals.  Waste should be disposed of in dumpsters.

            (b)        Animals are not allowed within beach designated areas or areas so designated.  No animals are allowed in the showers or bathrooms.  Exception is provided for service animals accompanying persons with disabilities.

            (c)        No person having control or care of any dog shall suffer or permit such dog to enter or remain in a public park or parkway unless it be led by leash of suitable strength not more than six (6) feet in length.  Dogs found running at large within any park or parkway may be impounded by an peace officer or by an employee of the Sauk County Highway & Parks Committee.

            (14)      No person shall send or throw any animal or thing into or upon, any of the waters of the parks or parkways, or unnecessarily disturb any waterfowl or other birds or animals, wild or domestic, within any of the parks or parkways.  Nor shall any person rob or disturb the nest or eggs of any bird or other animal therein.

            (15)      No person shall pluck any flower, wild or cultivated, or break, cut down, trample upon, remove or in any manner injure or deface, write upon, defile or ill-use any tree, shrub, flower, flower bed, turf, fountain, ornament, statute, building, fence, apparatus, bench, table, official notice, sign, bridge, structure or other property within any park or parkway.  No person shall pound or screw any hardware into trees.  Nor shall any person remove any device for the protection of trees or shrubs; nor shall any person fasten a horse or other animal next to any tree, shrub, or grass plot which may become damaged by the action of the animal.

            (16)      No person shall ascend or land with any aircraft nor engage in stunt flying or parachute landing in any park or parkway without a written permit of the Sauk County Highway & Parks Committee.

            (17)      No person shall drive any automobile or other vehicle of traffic or burden upon any part of the parks or parkways except the property drives and parking areas, or permit the same to stand upon the drives or any part thereof so as to congest traffic or obstruct the drive.  No person operating a motor vehicle shall exceed the speed of 15 miles per hour, or posted speed, on any roadways, driveway, parkway or other areas of land owned and operated by Sauk County, pursuant to Wis. Stats. Ch. 346.

            (18)      Disturbance of the Peace with a Motor Vehicle.  No operator of any motor vehicle, including motorcycles, all-terrain vehicles and motor bicycles, shall cause, by excessive and unnecessary acceleration, the tires of such motor vehicles to spin and emit loud noises to unnecessarily throw stones or gravel; nor shall such operator cause to be made by excessive and unnecessary acceleration of any engine any loud noise as would disturb the public peace.

            (19)      It shall be the duty of every person operating an automobile or other vehicle of traffic or burden within the parks or parkways to comply with State, County, and municipal traffic codes and with all orders, directions and regulations of traffic officers, or officially displayed upon any post, standard, sign or device installed for the regulation of traffic.

            (20)      Recreational vehicles.

            (a)        Riders of bicycles shall comply with the rules and regulations of other vehicles as stated in Section 10.03(18) and in addition thereto, shall be subject to the following regulations: No person shall ride a bicycle upon the lawns or foot trails.  Riders shall proceed in the extreme right-hand lane of the driver at all times, in single file only.  Riding crosswise and curving to and fro are strictly prohibited.  No rider shall take both hands off the handles or ride recklessly in any manner.  A bicycle shall not be towed by a rope or otherwise, nor shall nay rider hold on to any moving vehicle for the purpose of being drawn along.  No bicycle shall be pushed upon any park or parkway drive where an adjoining footwalk is available.

            (b)        It is unlawful to operate any motor vehicle, including but not limited to, trail bikes, motorcycles, minibikes, and all-terrain vehicles on any portion of park lands or waters under the management, supervision and control of the Sauk County Highway & Parks Committee unless specifically authorized by ordinance or administrative rule.

            (c)        It shall be unlawful to operate any motor-driven sled, motor-driven toboggan or other motor-driven snow vehicle on any land under supervision, management and control of the Sauk County Highway & Parks Committee, except in areas where their use is authorized by posted notice.

            (d)        No propeller driven or motorized icecraft or watercraft shall be operated anywhere within the jurisdiction of this ordinance.

            (21)      Regulation of Watercraft.

            (a)        No person shall without a written permit of the Sauk County Highway & Parks Committee place upon the lagoons, rivers or any of the waters under the control of the Sauk County Highway & Parks Committee, any float, boat or other watercraft, nor land or go upon any of the islands of the lagoons or rivers, not designated as a landing place.

            (b)        Boats.  It shall be unlawful for any person to operate a motorboat of any kind in any manner on the following specified water: (pursuant to authority granted by Wis. Stat. 30.635, 30.77(2), and 281.31, and amendments thereto.)

            1.         White Mound Lake, White Mound Park, Section 11 and 12, T13N, R3E, except, any person may operate a boat equipped with a single electric motor, at a slow-no-wake-speed.

            2.         Hemlock Park Lake, Hemlock County Park, Section 21, T13N, R3E, except, any person may operate a boat equipped with a single electric motor, at slow-no-wake-speed.

            (c)        Motorized watercraft.  No person shall be allowed to operate, park or moor any motorized watercraft in swimming beach areas.

            (22)      Swimming.  No person shall wade, bathe or swim within a park or parkway except at such pools or beaches as are or may be designated for that purpose by the Sauk County Highway & Parks Committee.  No person shall wade, bathe, swim in or attend any such pool or beach without the proper bathing attire.  Use of soaps or detergents for any purposes at the beach shall be prohibited.

            (23)      No drunken, noisy, disorderly or publically offensive person shall be allowed to remain in any park or parkway, and no person shall do therein any obscene and indecent act.  No person shall use threatening, abusive, insulting, profane or indecent language nor be guilty of conduct that is abusive, insulting, or constitutes a breach of the peace.

            (24)      No person shall be permitted to smoke, nor to hold a lighted cigarette, cigar or pipe in any building or in any park or parkway area where notices so prohibit.

            (25)      No person shall discard or leave any refuse, sewage or other waste material on the ground, or in any building or installation or into the water or upon the ice of any lake or stream or other body of water, or dispose of any such refuse or waste material in any manner except by placing in receptacles or other authorized locations provided for such purposes.  Where receptacles for such rubbish are not provided, all waste shall be carried away from the park by the person responsible for it.

            (26)      No person shall deposit, dump, throw or place any earth, rubbish, dust, manure, paper, garbage or any other refuse matter of any sand stone, lumber or building material, or any substance of any kind, in or upon any part of the waters, grounds, or roadways of any park or parkway without a written permit of the Sauk County Highway & Parks Committee.

            (27)      The location of all sewers and receivers, gas pipes, water pipes, stopcock boxes, hydrants, lamp posts, telegraph, telephone and electric power posts and lines, manholes, conduits and pumps within any park or parkway shall be subject to the jurisdiction and control of the Sauk County Highway & Parks Committee; and their construction, erection, repair or relocation shall be undertaken only after a written permit is received from said Committee.

            (28)      No person shall open a trench for any purpose, or dig into or take up any part of any park or parkway, without a written permit of the Sauk County Highway & Parks Committee.  The person to whom such a permit is granted shall complete the work within the time specified in said permit, and shall do said work and refill and replace or remove in a substantial and workmanlike manner all materials disturbed by him, and leave the place where said work was done in a good condition as before said work was begun.  No such trench or opening shall be dug in any location or manner which may injure the roots of any tree.

            (29)      Every person who shall receive a permit to open a trench, to cut a curb or to deposit materials in or upon any park or parkway shall at all times after such work has been commenced or materials deposited, and until the same has been completed and until all accumulations of materials resulting from such work has been removed, so guard and protect the same that person driving or passing along the roadway or sideway or in the vicinity of the place where the work is being done, shall not be likely to meet with any accident therefrom; and shall also during the time from sunset to sunrise of each night, while said work is in progress, cause the same to be securely fenced and guarded by a red light or lights placed in a conspicuous position and so shared that the same shall not be extinguished.

            (30)      In case of an emergency, or when in the judgment of Sauk County Highway & Parks Committee, the public interest demands it, any portion of the parks and parkways or buildings therein may be closed to the public, or to designated persons until permission is given to return.

            (31)      No person shall sleep, camp or lodge in any park or parkway, except in such places designated for such purposes, as overnight or tourist, or trailer camps, and then only subject to the rules and regulations of the Sauk County Highway & Parks Committee governing the use of such areas.

            (a)        No camping unit, sleeping bag or hammock shall be set up beyond the limits of the campsite.

            (b)        No camping party shall move from its assigned campsite to another campsite without prior approval.

            (c)        All camping permits expire at 1:00 p.m. on the last day of the permit period.

            (d)        Extensions within the 21 day limit may be granted on camping permits.  Extensions must be obtained prior to 10:00 a.m. on the expiration date of the permit.

            (e)        No person shall camp and no camping unit shall remain for a period greater than 21 days in any four (4) week period in the property of registration from June 1st to Labor Day.  After 21 days, the camping unit must be removed from the property for at least seven (7) days before being eligible to return.

            (f)         No camping party shall start setting up or taking down its camping unit between the hours of 10:00 p.m. and the following 6:00 a.m.

            (g)        It shall be unlawful to park any motor vehicle outside the parking areas designated at each campsite and not more than two (2) motor vehicles are permitted to any campsite.

            (h)        Violation of any state law or any rules of the Sauk County Highway & Parks Committee by a member of a camping part is cause for revocation of the camping permit.

            (i)         During the period of May 25th through Labor Day, a campsite must be occupied by a member of the camping party on the first night of the permit period and no campsite may be left unoccupied for more than 48 hours.

            (j)         Camping permits shall be posted in designated places.

            (32)      No person shall interfere with or in any manner hinder any employee of the Sauk County Highway & Park Committee, nor any employee of a contractor while engaged in constructing, repairing or caring for any portion of the park or parkways, or while in the discharge of the duties conferred by this ordinance.

            (33)      Except for the vehicular traffic moving upon “thru” roadways, and except when the Committee published general permission to use all or certain parks or parkways upon summer nights, the parks and parkways shall be closed each night between the hours of 10:00 p.m. and 6:00 a.m. the following morning, and no person shall remain therein during said hours; provided that the Sauk County Highway & Parks Committee may from time to time, in all or any of the parks or parkways, publish or post closing hours different from the above, or discontinue closing hours, as in the exercise of the judgment of the committee may appear reasonable and necessary.  Campers check in time is 3:00 p.m. and check out time is 1:00 p.m.  This is up to the discretion of the Park Director.

            (34)      All permits shall be issued by any member of the Sauk County Highway & Parks Committee or Supervisor of Parks in writing, except camping permits or shelter house permits issued by the Park Director, and subject to the park rules and regulations, and the persons to whom such permits have been granted shall be bound by said rules and regulations as fully as though the same were inserted in said permits, and any person or persons to whom such permits have been granted shall be liable for any loss, damage, or injury sustained by the Sauk County Highway & Parks Committee or by negligence of the person or person to whom such permits have been granted, their servants or agents.

            (35)      Until otherwise directed by the Sauk County Board of Supervisors, the Sauk County Highway & Parks Committee is hereby authorized to adopt additional or revised rules and regulations for the proper conduct and administration of the parks and parkways in the County of Sauk not inconsistent with this ordinance, to grant permits in conformity with the provisions hereof, and to perform such other acts with reference to the management of said parks expedient to promote the beauty and usefulness of said parks and parkways and to increase the comfort, safety, convenience and public welfare of the citizens of Sauk County and of visitors to said parks and parkways in their use of the same.

 

            10.04 Fees.      (1)  The Sauk County Highway & Parks Committee, upon authorization of the County Board, will establish reasonable fees for the use of the Sauk County Parks, camping, and pavilion facilities in accordance therewith.  The fees to be charged shall be prominently posted on the park premises to provide notice to the public.

            (2)        It shall be unlawful for any person to use any facility, land or area for which a fee or charge has been established by resolution of the Sauk County Board of Supervisors without payment of such fee or charge.  Failure to obtain and visibly display proof of payment of fee or charge in or on the accompanying vehicle will result in liability of the owner of the vehicle as laid out in Wis. Stat. 27.014 (2009), which is incorporated herein by reference.

            (3)        The fees established by the Sauk County Highway & Parks Committee may be extended to the facilities of other municipalities upon mutual agreement by the governing body of the municipality and the Sauk County Board of Supervisors pursuant to a revenue sharing and enforcement agreement.  Such Agreement shall expressly permit the enforcement of these fees on the same basis as a municipal facility as at County facilities in accordance with 10.05 Sauk County Code.

 

            10.05    Enforcement and Penalties.  (1)  Any peace officer of Sauk County or proper state official, may without warrant forthwith arrest any offender to whom he may detect in the violation of any of the provisions of this ordinance, an take the person so arrested forthwith before a magistrate having competent jurisdiction and he shall have at all times the right to enter the premises of any building, structure or enclosure in any park or parkway, including such grounds, buildings, structures or enclosures which may be leased to or set aside for private or exclusive use of any individual or group of individuals, for the purpose of arresting violators hereof, and may use all necessary means to attain that end.

            (2)        The civil and criminal provisions of the ordinance shall be enforced by employees of the Sauk County Sheriff’s Department or other persons authorized by the Sauk County Board of Supervisors.  This ordinance may be enforced by citation or civil forfeiture and the Sauk County Corporation Counsel is authorized to prosecute violations of this ordinance.  Any person violating this ordinance may be issued a citation in which case they shall be punished by the forfeiture provided in Chapter 20 Sauk County Code of Ordinances.

 

10.06    Penalties. Any person, firm, company, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be subject to a forfeiture of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) together with the costs of action, and in default of payment thereof.

 

            10.07    General Provisions.     (1)  This ordinance repeals all ordinance and/or amendments to dealing with the regulation of Sauk County parks and parkways which were previously in effect.

            (2)        Should any part or section of this ordinance be held to be invalid for any reason, the remaining provisions shall continue in full force and effect, the intent being that all provisions are separable.

10.01 Purpose     The purpose of this ordinance is to specify rules and regulations for the use and enjoyment of the Sauk County Park System and to further the safety, health, and welfare of all persons in the use thereof as well as to provide for the protection and preservation of property, facilities, and natural resources.

 

            10.02 Scope.    Except when the context provides otherwise, the provisions of this chapter shall apply to all lands, structures and property owned, leased, administered, or identified as park, parkway, or trail by Sauk County.

 

            10.03 Definitions. For the purposes of this chapter, the following words, terms, and phrases, when used in this chapter shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

(1)        ADULT GROUP. A group made up of adult members (18 years of age or older) of an established organization.

(2)        ANIMAL. Any animal owned or under the immediate care, custody, or control of a person.

(3)        CAMP OR CAMPING. The use of a shelter such as a tent, trailer, motor vehicle, tarpaulin, bedroll or sleeping bag for temporary residence or sleeping purposes.

(4)        CAMPING PARTY. Any individual, family, individual group, or juvenile group occupying a campsite consisting of not more than four (4) unrelated adults (18 years of age or older), six (6) unrelated children and three (3) animals. On campsites 02 and 54, as shown on the official White Mound Campground map, the camping party may consist of not more than eight (8) unrelated adults (18 years of age or older), eight (8) unrelated children and three (3) animals.

(5)        CAMPING UNIT. Any single shelter except sleeping bags and hammocks used for a camp by a camping party. A camping unit consists of one (1) camper; one (1) tent; one (1) camper and one (1) tent; or two (2) tents on a campsite. On campsites 02 and 54, as shown on the official White Mound Campground map, the camping unit may not exceed four (4) tents.

(6)        CAMPSITE. A segment of a campground designated for camping use by a camping unit or camping party.

            (7)        COMMITTEE. The Sauk County Land Resources and Environment Committee.

(8)        DEPARTMENT. The Sauk County Land Resources and Environment Department.

(9)        DIRECTOR. The Director of the Land Resources and Environment Department or designated representative.

            (10)      FAMILY. A parent or parents with their emancipated children.

            (11)      FAMILY CAMPGROUND. Any tract of land designated for camping by families.

(12)      HUNT. “Hunt” or “hunting” includes shooting, shooting at, pursuing, taking, capturing, or killing or attempting to capture or kill any wild animal.

(13)      INDIVIDUAL GROUP. A camping party of not more than four (4) unrelated adults (18 years of age or older), six (6) unrelated children, and three (3) animals occupying one (1) camping unit. On campsites 02 and 54, a camping party of not more than eight (8) unrelated adults (18 years of age or older), eight (8) unrelated children and three (3) animals occupying one (1) camping unit.

(14)      JUVENILE GROUP. A group made up of juvenile members under the leadership of at least one (1) competent, mature adult for each ten juveniles in the group and using any number of camping units or occupying a group campground.

(15)      MANAGER. The Park and Recreation Manager of the Land Resources and Environment Department or designed representative.

(16)      MATERIAL. Includes any printed or written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine, paper, book, or other printed or otherwise reproduced original or copies of any matter or literature.

(17)      PARK. All lands and water previously and subsequently acquired by the County for conservation, park and recreational purposes or placed under the jurisdiction of the Committee and including without limitation parks, beaches, the County Farm, and privately owned lands, the use of which has been granted or leased to the County for park, recreational or like public purposes under this Ordinance.

(18)      PARKWAY. A broad thoroughfare with a dividing strip or side strips of landscaped areas planted with grass, trees, bushes, and other types of vegetation.

(19)      PERMIT. The written permission that must be obtained from the Department to carry out certain activities.

(20)      PICNIC AREA. Any tract of land developed and maintained for picnicking. Included in the definition of picnic area are adjacent playground and play field areas.

(21)      POWER LOADING. The practice of accelerating a boat’s motor to power a boat onto a boat trailer at a public landing.

(22)      SPECIAL EVENT. A temporary use of County property which permits an activity that is not otherwise specifically allowed under this Ordinance or which involves one or more of the following activities. The rental of the terrace and any associated temporary structures for a private event are exempt from this definition.

(a)        Requires exclusive use or closure of all or part of the public facilities or areas within a property or effectively restricts or limits use of a property by non-participants.

(b)        Placement of temporary structures or event apparatus.

(c)        Sale or offering of beverages, food, or merchandise.

                        (d)        Requires non-routine services of any department employee.

                        (e)        Will take place during hours beyond normal property open hours.

                        (f)         Requires use of equipment of facilities not otherwise authorized for the proposed public use; or

(g)        Requires event participation fees.

            (23)      TRAIL. A recreational trail as designated by the Department.

(24)      VEHICLE. Any motor vehicle, trailer, boat trailer, semi-trailer, mobile home, or carriage and is further defined by Wis. Stat. 340.01(74).

 

            10.04 Fees

(1)  The Sauk County Board of Supervisors will establish reasonable fees for the use of the Sauk County Parks, camping, and pavilion facilities.  The fees to be charged shall be prominently posted on the park premises to provide notice to the public.

            (2)        It shall be unlawful for any person to use any facility, land, or area for which a fee or charge has been established by the Sauk County Board without payment of such fee or charge.  Failure to obtain and visibly display proof of payment of fee or charge in or on the accompanying vehicle will result in liability of the owner of the vehicle as laid out in Wis. Stat. 27.014, which is incorporated herein by reference. 

            (3)        The fees established by the Sauk County Board of Supervisors may be extended to the facilities of other municipalities upon mutual agreement by the governing body of the municipality and the Sauk County Board of Supervisors pursuant to a revenue sharing and enforcement agreement. Such Agreement shall expressly permit the enforcement of these fees on the same basis as a municipal facility as at County facilities.

 

10.05    Special Events. Planned or advertised public meetings or assemblies, sporting and athletic events or other special events, are allowed in parks only by written permit issued by the Director or the Director’s designee.  A special event application and policy can be obtained through the Land Resources and Environment Department.

 

            10.06    General Park Rules.

            (1)        Disorderly conduct. No person or group using a park, parkway, or trail shall perform or permit others under their custody or control to perform any of the following acts:

            (a)        Violate any established rule for use of the park or trail.

            (b)        Prevent any person from using any park, trail, or any of its facilities or interfere with such use.

            (c)        Engage in violent, threatening, abusive, indecent, profane, boisterous, unreasonably loud, or other disorderly conduct when the conduct tends to cause or provoke a disturbance in any park.

            (d)        Commit, perform or engage, nor solicit or request that anyone engage in any lewd, lascivious, obscene or indecent act.

            (e)        No person shall use docks or piers adjacent to any lake access facility in any manner as to obstruct or hinder the launching, landing, loading or unloading of watercraft.

            (f)         No person shall intentionally deface, vandalize, or remove park property, buildings, equipment or facilities; or intentionally deface, destroy, cover, damage or remove any placard, notice or sign or parts thereof, whether permanent or temporary, posted or exhibited by the Department.       

            (g)        No person shall in any manner disturb, harass, or interfere with any person or party holding a written permit nor with any of their equipment or property.

            (h)        No person shall disturb, molest, deface, remove, or destroy any root crop; trees; shrubs, plants or other natural growth; disturb or remove shoreline riprap; carve on any rocks, archeological or geological features, signs, walls or structures including buildings, signs, fences, tables or other park property.  Edible fruits, nuts, wild mushrooms, and wild asparagus may be gathered without a permit.

            (2)        Littering. No person shall knowingly:

            (a)        Throw, deposit, scatter, drop or abandon in any park, parkway, or on any trail, any paper, bottles, cans, sewage, waste, trash, or other debris except in receptacles provided by the Department for such purpose. Where receptacles for rubbish are not provided, all waste shall be carried away from the park by the person responsible.

            (b)        Deposit in any receptacle any accumulation of waste and trash generated outside the boundaries of the park.

            (c)        Deposit or leave garbage, sewage, or waste material upon any body of water.

            (d)        Upset or overturn the contents of any receptacles and recycling containers or portable restroom facilities in any park.

            (3)        Noise. 

            (a)        Noise generated by equipment, animals, vehicles, people, televisions or radios must be at a low volume at all times so as to not be heard from a distance beyond twenty feet from the instrument.

            (b)        The Director or their designee may authorize or permit events, gatherings, exhibitions, or other events which are not limited by this section.

            (4)        Sales and Handouts.

            (a)        No person shall sell, offer for sale, any article, merchandise, or thing, nor promote any trade, occupation, business, or profession, for commercial purposes in any park without a written permit from the Director or their designee.

            (b)        No person shall deposit, place, or scatter any material in any park. It shall not be unlawful to hand out or distribute, without charge to a recipient, any printed or written material to any person willing to accept it.

            (c)        No person shall deposit or place any material in or upon any vehicle in any park unless the owner or occupant is willing to accept it.  Authorized Sauk County Park staff are exempt from this provision for the placement of parking violation citations.

            (d)        No person shall post, stick, or otherwise affix any item or material to or upon any tree, equipment, or structure of any kind in a park.

            (5)        Smoking.

            (a)        No person shall be permitted to smoke, nor to hold a lighted cigarette, cigar, or pipe in any building, in any park or on any trail where notices so prohibit.

            (b)        No person shall throw or drop a lighted cigar or cigarette stub or empty lighted pipe from a motor vehicle moving along a parkway.

            (6)        Weapons and fireworks.

            (a)        No person shall fire or discharge any gun, pistol, or firearm, nor any rocket or any other fireworks of any description, nor shall any person engage in trapping; nor shall any person hunt with bow and arrow within any park, except as noted below in (c) and (d). The word “gun” includes an air gun.

            (b)        No person shall possess or discharge any fireworks regulated by Wis. Stats. 167.10(1) in parks except exhibitions of fireworks given under the direction or by the permission of the Director or their authorized designee.

            (c)        No person shall throw or shoot an arrow, knife, stone, paintball, or other projectile, by hand or any other means in any park or on any trail. This section shall not apply to arrows used for the discharge of a bow or firearm for hunting purposes as authorized by this chapter, in areas identified in the official map available at the White Mound County Park Office.

            (d)        Persons engaged in trapping may only do so in areas as designated on the official map available at the White Mound County Park Office.

(e)        No person engaged in the hunting of animals shall target practice on park property nor be involved in the driving of animals in no hunting areas.

            (7)        Tree Stands and Ground blinds.

            (a)        No person shall construct, cause to be constructed, use or occupy any permanent elevated scaffold or other permanent elevated device on any lands owned or under the control of the County, except that portable tree stands may be used, provide that they are completely removed from the tree each day at the close of hunting hours and provided that such portable tree stands  are not in any manner bolted, nailed, screwed or fastened to the tree and provided that such portable tree stands cause no permanent or temporary damage to the tree in which they are placed.    

            (b)        Portable tree stands may be left in the woods if they have the name, address, and phone number of the owner permanently affixed to the stand in letter/numbers one-inch square or larger. Portable tree stands without such identifying information shall be subject to immediate removal by the County.  Portable tree stands may be chained or locked to the base of a tree. All portable tree stands must be removed from County owned lands by the owner within seven days after the close of the most recent gun or archery deer season established by the Wisconsin Department of Natural Resources.

            (c)        Ground blinds must follow Department of Natural Resources regulations and must have a blaze orange or fluorescent pink material visible from all directions. 

            (d)        Commercially purchased ground blinds on County property must follow the same rules as tree stands noted in (7)(a) of this section.

(8)        Fires and Firewood.

            (a)        No person shall start, tend, or maintain any fire or burn any refuse except at designed fireplaces, fire rings or permanent grills within any park.

            (b)        The use of charcoal burners in designated picnic areas shall be permitted provided lawns and other vegetation are not damaged and provided further that all unburned coals or ash are disposed of in such manner as to prevent fire or damage to any park property.  Charcoal residue or wood ash shall be left in a grate or fireplace until cool or placed in a receptacle for such purposes, if available.

            (c)        Fires for cooking may be made in portable metal stoves, heaters, grills or pits at picnic areas or designated campgrounds.

            (9)        Other activities.

            (a)        No hang gliding, parasailing, hot air ballooning, land sailing, flying model airplanes, operating a drone, or sky diving in County parks, forests, or other recreational areas unless authorized by written approval from the Director or their designee.

            (b)        No person shall operate a metal detector in any park without the written approval from the Director or their designee. If approval is granted, the sod or soil material must be replaced as it was before digging.

            (c)        No person or group shall engage in ball games or other sports activities, except in such areas as are designated for those purposes or in such areas where such activity will not interfere with the use and enjoyment of the park by others.

            (d)        No person shall ascend or land with any aircraft nor engage in stunt flying or parachute landing in any park or parkway without a written permit from the Department.

            (10)      Interference with park employees.

            (a)        No person shall interfere with or in any manner hinder any employee or agents of the Land Resource and Environment Department from the performing their assigned duties.  Interfering includes, without limitation, knowingly giving false information to an employee with the intent to mislead the employee in the performance of duty including the issuance of citations.

            (b)        No person shall obstruct an employee while in the discharge of duties in an official capacity and with lawful authority.

           

            10.07    Animals.

            (1)        Animals in public facilities. No person shall allow a dog or other animal entry to any public building or bathing beaches except for service animals specifically trained to perform tasks benefitting a permit with a disability or to provide support for mobility-impaired persons or as authorized by the Department. Only animals reasonably estimated to be less than 175 pounds are allowed in any park or parkway; horses are exempt and allowed on designated trails and areas.

            (2)        Animals running at large. No person shall allow a dog or other animal to run at large in any park.  The animal shall be considered as running at large, unless it is on a leash, in or upon a vehicle, or in an area designated as off-leash. Dogs or animals found running at large within any park or parkway may be impounded by Department staff or the Sauk County Sheriff’s Department.

            (3)        Exercising animals. No person shall exercise or walk a dog or other animal in any park without a leash.  No leash is required when a dog or animal is swimming in approved areas.  No leash is required during dog or animal shows or training programs authorized by the Department.

            (4)        Animal feces.

            (a)        The owner or person having immediate care, custody or control of a dog or other animal shall promptly remove and dispose of, in a sanitary manner, any feces left or deposited by the animal upon any park or parkway.

            (b)        No person shall permit a dog or other animal to be on any park or parkway unless such person has, in their immediate possession, an appropriate means of removing animal feces.

            (5)        All animals must be always under control and must not be left unattended. No person shall permit a dog or animal to interfere in any manner with the enjoyment of the park by others.

            (6)        No person shall wash any animal in any park or parkway.

            (7)        No person or person having immediate care, custody or control of a dog or animal shall unnecessarily disturb any waterfowl or other birds or animals, wild or domestic, within any of the parks or parkways.  Nor shall any person rob or disturb the nest or eggs of any bird or other animal therein.

            (8)        Horses.

            (a)        No person shall ride or use a horse or other animal in a careless, negligent, or reckless manner to create a nuisance or endanger the life, property, or person of others.

            (b)        No person shall ride or use a horse or other animal in any manner in any County park, except on designated roads, trails, or pathways.

 

            10.08    Vehicle Regulations.

            (1)        No person shall drive any vehicle of traffic or burden upon any part of the park except the proper drives and parking areas or permit the same to stand upon the drives or any part thereof to congest traffic or obstruct the drive. 

            (2)        No person operating a vehicle shall exceed the posted speed limits on any roadways, driveway, parkway, or other areas of land owned and operated by Sauk County, pursuant to Wis. Stats. Ch. 346.

            (3)        The Department shall cause to be erected such other traffic control signs as are necessary or which might become necessary for the proper regulations and safe movement of vehicles, pedestrians, and equestrians.

            (4)        Vehicles normally shall be parked in designated parking areas.  Parking along roads and drives may be controlled by appropriate signs.

            (5)        No operator of any motor vehicle, including motorcycles, all-terrain vehicles, and motor bicycles, shall cause, by excessive and unnecessary acceleration, the tires of such motor vehicles to spin and emit loud noises to unnecessarily throw stones or gravel; nor shall such operator cause to be made by excessive and unnecessary acceleration of any engine any loud noise as would disturb the public peace.

            (6)        It shall be the duty of every person operating an automobile, motorcycle, or other vehicle of traffic or burden within the parks or parkways to comply with State, County, and municipal traffic codes and with all orders, directions, and regulations of traffic officers, or officially displayed upon any post, standard, sign or device installed for the regulation of traffic.

            (7)        No person shall operate or park any vehicle, except as provided in this ordinance, upon any bridle path, hiking trail, beach area, playground, picnic area or any other area other than established roads, parking areas, lake access and service areas or contrary to posted notice or within any park seasonally closed to vehicular traffic.

            (8)        No person shall leave any vehicle unattended without the approval of the Department or its authorized agent after park hours under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. An abandoned vehicle shall constitute a public nuisance and be subject to removal at the owner’s expense. Removal of the vehicle shall not relieve the owner or operator of the vehicle from any penalty incurred because of such violation.

            (9)        No person shall wash any vehicle in any park or parkway.

 

            10.09    Bicycles.

            (1)        Riders of bicycles shall comply with the rules and regulations of other vehicles as stated in Section 10.07 and Wis. Stats. sections 346.77 through 346.82.  In addition, thereto, shall be subject to the following regulations:

            (a)        Bicycles are only allowed on designated areas.

            (b)        Riders shall yield to all other park users.

            (c)        Riders shall always proceed in the extreme right-hand lane of the driver, in single file only. Riding crosswise and curving back and forth are strictly prohibited. No rider shall ride recklessly in any manner. 

            (d)        A bicycle shall not be towed by a rope or otherwise, nor shall any rider hold on to any moving vehicle for the purpose of being drawn along.

            (e)        No bicycles shall be located on any boat launch, pier, dock or in any waterway in any park or parkway.

            (2)        State Trail Passes. A state trail pass is required for all people ages 16 or older biking, cross-country skiing, or inline skating on a state trail. A state trail pass is not required for walking. Annual trail passes are valid through December 31st of the year issued. All state trail passes must be visible when on a state trail.

 

            10.10    Regulation of Watercraft.

            (1)        No person shall launch or dock any boat or other watercraft except at locations and at such times as designated by the Department.

            (2)        Boats. It shall be unlawful for any person to operate a motorboat of any kind in any manner on the following specified water: (pursuant to authority granted by Wis. Stat. 30.635, 30.77(2), and 281.31, and amendments thereto.)

            (a)        White Mound Lake, White Mound Park, Section 11 and 12, T13N, R3E, except, any person may operate a boat equipped with a motor, at a slow-no-wake-speed.

            (b)        Hemlock Park Lake, Hemlock County Park, Section 21, T13N, R3E, except, any person may operate a boat equipped with a single electric motor, at slow-no-wake-speed.

            (3)        Motorized watercraft. No person shall be allowed to operate, park, or moor any motorized watercraft in swimming beach areas.

            (4)        All persons using boating facilities of the County park system shall comply with all posted regulations of the Department.

            (5)        Power loading a boat on to a boat trailer is prohibited at any public landing. No person may power load a boat and no owner may allow a boat to be power loaded on waters within County parks.

            (6)        The statutory provisions describing and defining regulations with respect to water traffic, boats, boating and other related water activities and safety found in 30.68 Wis. Stats as amended, are hereby adopted and by reference made part of this section.

 

            10.11    Swimming and Beaches. 

            (1)        No person shall wade, bathe or swim within a park except at such pools or beaches as are or may be designated for that purpose by the Department. 

            (2)        Use of soaps or detergents for any purposes at White Mound Lake shall be prohibited.

            (3)        No person shall disturb a bathing beach boundary buoy or marker in any County park or cause to be within that area of water enclosed by boundary buoys any boat or raft used to transport persons.

            (4)        The Department may prohibit swimming in areas adjacent to water access sites by posted notice.  No person may swim within the area delineated by a posted notice.

            (5)        There are no lifeguards at any swimming beach/area in any County parks.  Swimming and wading in designated areas is “at your own risk”.

            10.12    Public Utilities and Private Construction.

            (1)        Public Utilities.  The location of all sewers and receivers, gas pipes, water pipes, stopcock boxes, hydrants, lamp posts, telegraph, telephone and electric power posts and lines, manholes, conduits and pumps within any park or parkway shall be subject to the jurisdiction and control of the Department; and their construction, erection, repair, or relocation shall be undertaken only after a written permit is received from said Department.

            (2)        Private Construction.

            (a)        No person shall open a trench for any purpose or dig into or take up any part of any park or parkway, without a written permit of the Director or their designee.  The person to whom such a permit is granted shall complete the work within the time specified in said permit and shall do said work and refill and replace or remove in a substantial and workmanlike manner all materials disturbed and leave the place where said work was done in a good condition as before said work was begun. 

            (b)        No such trench or opening shall be dug in any location or manner which may injure the roots of any tree.

            (c)        Every person who shall receive a permit to open a trench, to cut a curb or to deposit materials in or upon any park or parkway shall at all times after such work has been commenced or materials deposited, and until the same has been completed and until all accumulations of materials resulting from such work has been removed, so guard and protect the same that person driving or passing along the roadway or in the vicinity of the place where the work is being done, shall not be likely to meet with any accident therefrom; and shall also during the time from sunset to sunrise of each night, while said work is in progress, cause the same to be securely fenced and guarded by a red light or lights placed in a conspicuous position and so shared that the same shall not be extinguished.

 

            10.13    Sleeping or Camping.  No person shall sleep, camp or lodge in any park or parkway, except in such places designated for such purposes, and then only subject to the rules and regulations of this Ordinance governing the use of such areas.

            (1)        No camping unit, sleeping bag or hammock shall be set up beyond the limits of the campsite.

            (2)        No camping party shall move from its assigned campsite to another campsite without prior approval.

            (3)        All camping permits expire at 1:00 p.m. on the last day of the permit period.

            (4)        No camping party shall camp, and no camping unit shall remain for a period greater than 40 days in one (1) calendar year in the property of registration.

            (5)        No camping party shall camp, and no camping unit shall remain for a period greater than fourteen (14) days in any three (3) week period from Memorial Day to Labor Day. After fourteen (14) days, the camping unit must be removed from the property for at least fourteen (14) days before being eligible to return.

            (6)        Campsites can be rented as unattended between Labor Day to Memorial Day.

            (7)        No camping party shall start setting up or taking down its camping unit between the hours of 11:00 p.m. and the following 6:00 a.m.

            (8)        It shall be unlawful to park any motor vehicle outside the parking areas designated at each campsite and not more than two (2) vehicles are permitted to any campsite, unless posted otherwise.

            (9)        Violation of any state law or any rules of the Department by a member of a camping party is cause for revocation of the camping permit.

            (10)      Campers check in time is 3:00 p.m. and check out time is 1:00 p.m.

                       

            10.14    Closing Hours.

            (1)        Except for the vehicular traffic moving upon “thru” roadways, and except when the Director or their designee published general permission to use all or certain parks or parkways, the parks and parkways shall be closed each night between the hours of 11:00 p.m. and 6:00 a.m. the following morning, and no person shall remain therein during said hours; provided that the  Director or their designee may from time to time, in all or any of the parks or parkways, publish or post-closing hours different from the above, or discontinue closing hours, as in the exercise of the judgment of the committee may appear reasonable and necessary. 

            (2)        In case of an emergency, or when in the judgment of the Director or their designee, the public interest demands it, any portion of the parks and parkways or buildings therein may be closed to the public, or to designated persons until permission is given to return.

 

            10.15    Other Permits.

            (1)        All permits shall be issued by the Committee, Director, or their designee, in writing, except camping permits, shelter permits or building use permits issued by the Director or their designee, and subject to the park rules and regulations, and the persons to whom such permits have been granted shall be bound by said rules and regulations as fully as though the same were inserted in said permits, and any person or persons to whom such permits have been granted shall be liable for any loss, damage, or injury sustained by the Committee, Department or by negligence of the person or person to whom such permits have been granted, their servants or agents.

            (2)        Until otherwise directed by the Sauk County Board of Supervisors, the Sauk County Land Resources and Environment Committee is hereby authorized to adopt additional or revised rules and regulations for the proper conduct and administration of the parks and parkways in the County of Sauk not inconsistent with this ordinance, to grant permits in conformity with the provisions hereof, and to perform such other acts with reference to the management of said parks expedient to promote the beauty and usefulness of said parks, parkways, and trails and to increase the comfort, safety, convenience and public welfare of the citizens of Sauk County and of visitors to said parks and parkways in their use of the same.

 

            10.16    Enforcement and Penalties. (1)  Any peace officer of Sauk County or proper state official, may without warrant arrest any offender to whom they may detect in the violation of any of the provisions of this ordinance, and take the person so arrested before a court having competent jurisdiction and shall have at all times the right to enter the premises of any building, structure or enclosure in any park or parkway, including such grounds, buildings, structures or enclosures which may be leased to or set aside for private or exclusive use of any individual or group of individuals, for the purpose of arresting violators hereof, and may use all necessary means to attain that end.

            (2)        The civil and criminal provisions of the ordinance shall be enforced by employees of the Sauk County Sheriff’s Department or by the Director and those administrative, supervisory, or managerial Land Resources and Environment personnel delegated by the Director or their designee. This ordinance may be enforced by citation or civil forfeiture and the Sauk County Corporation Counsel is authorized to prosecute violations of this ordinance.  Any person violating this ordinance may be issued a citation in which case they shall be punished by the forfeiture provided in Chapter 20 Sauk County Code of Ordinances.

            (3) Any person, firm, company, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be subject to a forfeiture of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) together with the costs of action, and in default of payment thereof.

 

            10.17    Conflicting Provisions Repealed.     This ordinance repeals all ordinance and/or amendments to dealing with the regulation of Sauk County parks, parkways, and trails, which were previously in effect.

 

            10.18    Validity. Should any part or section of this ordinance be declared by the courts to be invalid for any reason, the remaining provisions shall continue in full force and effect, the intent being that all provisions are separable.

 

Approved for presentation to the County Board by the Land Resources and Environment Committee this 19th day of April, 2022.