Chapter 28 - PARKS AND RECREATION

Footnotes:

--- (1) --- State Law reference— Municipal regulation of parks, G.L. 1956, § 32-3-1.

ARTICLE I. - IN GENERAL#

Secs. 28-1—28-18. - Reserved.#

ARTICLE II. - PUBLIC CONDUCT IN PARKS, PLAYGROUNDS AND RECREATIONAL AREAS#

DIVISION 1. - GENERALLY#

Sec. 28-19. - Playgrounds, parks and playing fields.#

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Park means any city-owned property designated for recreational purposes which shall include, but not be limited to Jenks Park, Pierce Park, the park at Hunt and Lewis Streets and any other parks created by the city.

Playground means any city-owned property designated for recreational purposes which shall include, but not be limited to the following areas: Cowden Street, Illinois Street, Crossman Street, Sacred Heart Avenue, Garfield Street, tot playgrounds and any other playgrounds created by the city.

Playground, tot, means a playground designed and designated for children ten years old and under or any person who shall be supervising a child ten years old and under utilizing said tot playground. Hours of operation for tot playgrounds shall be from 8:30 a.m. to 7:00 p.m., which hours may be modified at the discretion of the chief of police to accommodate public safety issues.

Playing field means any city-owned property designated for athletic purposes which shall include, but not be limited to, the Francis Corrigan Sports Complex, Macomber Field, Tarlow Field and any other playing field created by the city.

(b)

Written permission required. It is hereby declared illegal for any person to enter the playgrounds, parks, or playing fields in the city between the hours of 9:00 p.m. and 5:00 a.m., or in the case of a tot playground between the hours of 7:00 p.m. and 8:30 a.m. Any person or group of people wishing to use the playground, park, or playing field during the restricted hours may apply in writing for its use to the parks and recreation department and must be granted permission by the parks and recreation department.

(c)

Penalty. The penalty for the first violation of this section shall be a fine of $50.00 and each and every offense thereafter shall include an increased fine of $50.00.

(Code 1994, § 28-1; Ord. of 12-14-1998; Ord. of 8-25-2003; Ord. of 4-22-2021(1), § 1)

Sec. 28-20. - Prohibited uses; activities.#

(a)

Use by persons being detained or serving sentence. In order to provide for the immediate preservation of public peace, property, health or safety, the use of any public recreational facility, including, but not limited to, all baseball, softball, football, soccer, parks and any recreational fields or facilities by any person being detained shall be prohibited. For the purpose of this section, the term "person being detained" or shall include, but not be limited to, all those in custody of any and all private and public detention facilities, state or federal prisons within the United States.

(b)

Acts by correctional or training officer while executing duty. It is prohibited for any correctional or training officer while executing his duty to enter, sit, stand, walk, surround, survey, guard or take post at or around, armed or unarmed, any park, ballfield, stadium, court or recreational facility or building owned by the city except with the written permission of the police chief or the director of public safety.

(c)

Erecting bleachers, fences, etc., without approval. It shall be unlawful for any person to install, erect, move or remove any buildings, stadiums, bleachers, fences or walls at any playground, ballfield, stadium or recreational field or facility owned by the city without first acquiring approval by the director of parks and recreation.

(d)

Enforcement. The enforcement of this section shall lie with the director of parks and recreation, the police chief or the director of public safety. The fine for each offense shall be up to $500.00.

(e)

Exceptions.

(1)

The pursuit of an escapee.

(2)

Training exercises for guards and training officers.

(Code 1994, § 28-2; Ord. of 6-14-1994, §§ 1—5; Ord. of 4-22-2021(1), § 1)

Sec. 28-21. - Alcoholic beverages.#

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Public parks or park means any land owned or leased by the city for the use of the public for any one or combination for the following uses, to wit: recreation, amusement, playground and field, swimming, trails, sports, bike paths, and any other area used by the public for relaxation or outdoor enjoyment.

(b)

Alcohol consumption. Unless a permit for alcohol use, sale and consumption is granted by the city council, it shall be unlawful for any individual or group of individuals to bring into use, sell or possess alcoholic beverages anywhere within a public park.

(c)

Penalties for violations. Any person violating any provisions of this section shall be subject to a fine not in excess of $500.00.

(d)

Alcohol dispensing regulations. Pursuant to a permit for the use, sale and consumption of alcohol the city council may restrict the place, time and manner in which alcohol is to be dispensed. These restrictions may include the requirement that:

(1)

A beer garden be constructed with fencing on all sides with one entrance/exit for the purpose of checking ages of patrons into the same;

(2)

All alcohol shall be consumed within the beer garden; and

(3)

The posting of a police officer at the entrance of the beer garden.

(e)

Application procedure. All applicants for a permit to use, sell or consume alcohol in a public park shall comply with the following:

(1)

File an application for a permit with the city clerk's office at least 45 days in advance of the date on which the permit is sought;

(2)

Pay a $500.00 application fee which is set by the city council;

(3)

Obtain written approval from the director of parks and recreation;

(4)

Obtain written instructions from the chief of police regarding the use of police detail for the permit event;

(5)

Provide proof of liability insurance which names the city as a loss payee; said insurance policy to be no less that $2,000,000.00;

(6)

All servers must be tips, or stop certification (or equal);

(7)

Applicant to sign indemnification agreement;

(8)

Rescue vehicle to be posted on site.

(Ord. of 7-28-2008; Ord. of 4-22-2021(1), § 1)

Sec. 28-22. - Smoking during sporting or other recreational events prohibited.#

(a)

Smoking tobacco in any form, during youth sporting events or any other recreational event sponsored for youth activity, shall not be permitted at any city-owned property designated for athletic or recreational purposes which shall include, but not be limited to, the Francis Corrigan Sports Complex, Macomber Field, Tarlow Field and any other playing field or recreational facility created by the city.

(b)

Any person who violates this section shall be deemed to be contributing to the maintenance of a public nuisance in a public place and shall be subject to a fine of not less than $25.00.

(c)

This section does not prohibit smoking in designated areas during non-youth sporting or other events held at these facilities.

(Code 1994, § 28-3; Ord. of 12-10-2001; Ord. of 4-22-2021(1), § 1)

Sec. 28-23. - Establishment of permit for the use of recreational facilities; exceptions.#

(a)

The director of parks and recreation is hereby authorized to issue a permit and charge reasonable fees, published in rules and regulations on the city's website, to any person, organization, or private club wishing to use any public recreational facility, including, but not limited to, all baseball, softball, football, soccer, parks and any recreational fields or facilities owned by the city. Priority shall be given to Central Falls school district teams and entities either in the city or serving residents in the city.

(b)

The charge as described herein may be waived, in the discretion of the director of parks and recreation, when there is a petition and a finding of good cause.

(Code 1994, § 28-4; Ord. of 1-13-2003; Ord. of 4-22-2021(1), § 1)

Secs. 28-24—28-49. - Reserved.#

DIVISION 2. - JENKS PARK, CITY PLAYGROUNDS, FRANCIS CORRIGAN SPORTS COMPLEX#

Sec. 28-50. - Vehicles.#

(a)

No person shall drive any vehicle into Jenks Park, city playgrounds or the Francis Corrigan Sports Complex without first obtaining permission from the chief of police.

(b)

Penalty. Any person violating this section shall be punished in accordance with section 1-12 with the first violation of this section being a fine of $50.00 and each and every offense thereafter being an increased fine of $50.00, up to a fine of no more than $500.00. A court of competent jurisdiction may refer a minor to the juvenile hearing board or, for any individual, may order up to 50 hours of community service instead of ordering a fine.

(Code 1973, § 13-1; Code 1994, § 28-26; Ord. of 4-11-2005(1); Ord. of 9-14-2015(3), § 3; Ord. of 4-22-2021(1), § 1)

Sec. 28-51. - Animals and fowl.#

No person being the owner or having the charge or custody of any animal or fowl shall allow such animal or fowl to enter Jenks Park or to remain therein. This provision, however, shall not include guide dogs.

(Code 1973, § 13-2; Code 1994, § 28-27; Ord. of 4-22-2021(1), § 1)

Sec. 28-52. - Bills and notices not to be posted.#

No person shall post or otherwise affix any bill, notice or other paper upon any structure or thing within any part of Jenks Park, nor upon any of the gates or enclosures thereof.

(Code 1973, § 13-3; Code 1994, § 28-28; Ord. of 4-22-2021(1), § 1)

Sec. 28-53. - Goods and circulars not to be sold or given away.#

No person shall sell, expose for sale or give away any goods, wares or circulars in Jenks Park.

(Code 1973, § 13-4; Code 1994, § 28-29; Ord. of 4-22-2021(1), § 1)

Sec. 28-54. - Lying upon or overturning seats prohibited.#

No person shall lie upon or overturn any seat in Jenks Park.

(Code 1973, § 13-5; Code 1994, § 28-30; Ord. of 4-22-2021(1), § 1)

Sec. 28-55. - Taking or injuring property; throwing stones.#

No person shall take, pluck, injure, destroy, cut, mark or deface any flower, root, plant, shrub, tree, building, fence, monument or other property in Jenks Park. No person shall throw a stone or other missile in such park.

(Code 1973, § 13-7; Code 1994, § 28-32; Ord. of 4-22-2021(1), § 1)

State Law reference— Vandalism, G.L. 1956, § 11-44-1.