Chapter 12.5 - PLAYGROUNDS, SPORTS AND RECREATION FACILITIES
Part of the Code of Ordinances of West Warwick, RI.
The text
ARTICLE I. - IN GENERAL#
Secs. 12.5-1—12.5-18. - Reserved.#
ARTICLE II. - PLAYGROUNDS#
Sec. 12.5-19. - Hours.#
(a)
Notwithstanding anything contained within this chapter to the contrary, no person shall be allowed and no automobile may be parked in any public playground from the hour of sunset to the hour of sunrise. For the purposes of this section, the term "playground" shall be deemed to consist of the following locations, including any additional locations which may hereafter be maintained and utilized by the town as a playground:
(1)
Brookside Playground.
(2)
Crompton Playground.
(3)
Factory Street Playground.
(4)
Flat Top Playground.
(5)
Natick Playground.
(b)
The following playgrounds are subject to the provisions of section (a) of this section and further restricted to the use by the public only during times when the adjacent school is not is session:
(1)
Greenbush School - two playgrounds.
(2)
Hogan School.
(3)
Maisie Quinn School.
(4)
Wakefield Hill School.
(Code 1970, § 12.5-3; Ord. of 12-5-1995)
Secs. 12. - 5-20—12.5-41. Reserved.#
ARTICLE III. - SPORT AND RECREATION FACILITIES#
Sec. 12.5-42. - Hours generally.#
No persons shall be allowed in anysport or recreation facility after the hour of sunset or one-half hour after the completion of a scheduled activity unless such person has a written permit issued by the parks and recreation department.
(Code 1970, § 12.5-1; Ord. of 12-11-1990)
Secs. 12. - 5-43—12.5-72. Reserved.#
ARTICLE IV. - ATHLETIC FIELDS AND PLAYGROUNDS#
Sec. 12.5-73. - Application and use agreement required.#
It is specifically intended that any person, group, corporation or other entity who wishes to utilize the sport or recreational facilities of any sport or recreational town athletic field, basketball court, tennis court or playground, specifically excluding the civic center, Thomas A. Lamb Field House and the Benny Magiera Ice Rink, hereinafter "facilities," for the purpose of an organized sporting or recreational event, including, but not limited to, its permanent structures and equipment located within the facility area, shall file an application for said use and execute a use agreement with the department of public works, hereinafter the "DPW." All applications and usage permits are issued based upon compliance with these rules and regulations which shall be made a part of said applications and usage permits. Failure to comply with any of the following rules and regulations may result in an immediate suspension of said application or termination of the use agreement, as well as any other penalties as set forth herein.
(Code 1970, § 12.5-31; Ord. of 5-2-1995; Ord. No. 2011-2, 5-24-2011; Ord. No. 2020-15, 10-6-2020)
Sec. 12.5-74. - Facility usage and service fee.#
A facility usage fee shall be set from time to time by resolution of the town council. An invoice shall be forwarded to the user reflecting the usage fees owed immediately following the last scheduled event, game or use held at the facility. Said invoice is due and payable immediately upon receipt.
(Code 1970, § 12.5-32; Ord. of 5-2-1995, § 1; Ord. No. 2011-2, 5-24-2011; Ord. No. 2013-46, 10-1-2013; Ord. No. 2020-15, 10-6-2020)
Sec. 12.5-75. - Motor vehicles.#
Motor vehicles of any and all types and kinds, including, but not limited to, motorcycles and mini-bikes, shall not be allowed on any portion of the facility area. All motor vehicles must be parked in available parking lots.
(Code 1970, § 12.5-33; Ord. of 5-2-1995, § 2; Ord. No. 2020-15, 10-6-2020)
Sec. 12.5-76. - Ground maintenance.#
(a)
All trash and litter must be collected and properly disposed of in trash barrels and any other proper trash receptacle (provided by DPW). Trash cleanup shall include all areas of the facility. In the event the user of the facility fails to properly clean and dispose of trash after use of the facility, then the user shall be responsible for all costs incurred by the town in connection with said cleanup. An invoice shall be submitted to the user of said facility for costs incurred regarding said cleanup, which shall be billed at an hourly rate, per person, as set from time to time by resolution of the town council. Said invoice shall be due and payable immediately upon receipt. The head of the grounds crew for DPW shall have the sole responsibility for determining if cleanup is required following said usage.
(b)
For use of any baseball field:
(1)
It shall be the sole responsibility of the user to fill in all holes ("stomp") and rake all holes at the pitcher's mound and home plate after every practice and game.
(2)
Hitting baseballs or any other type of ball directly into the backstop fence or any fence in or near the field is strictly prohibited.
(3)
Any and all batting practice is prohibited in the backstop area.
(4)
If rain during a game causes said game to be canceled, then the user must cover the mound and home plate areas with a tarp, which is stored and located beside the first base dugout.
(5)
If a game is played during rain, the user must cover the mound and home plate areas immediately upon completion of the game in the same manner as described in subsection (b)(4) of this section.
(Code 1970, § 12.5-34; Ord. of 5-2-1995, §§ 3—8; Ord. No. 2018-7, 3-20-2018; Ord. No. 2020-15, 10-6-2020)
Sec. 12.5-77. - Alcoholic beverages and use of tobacco products prohibited.#
(a)
The consumption of alcoholic beverages on town property is prohibited. Accordingly, alcoholic beverages are not permitted, in any manner, in or on a facility or the town property owned adjacent thereto. Failure to comply with this provision will result in an immediate suspension and cancellation of the application, the use agreement, as well as the event itself, and, in addition, such violation may also result in a complaint being filed with proper town and state officials.
(b)
No applicant for a use agreement for any facility shall retain the services of a Class P alcoholic beverage license holder for the servicing of alcoholic beverages at the facility.
(c)
The use of any tobacco product, as defined in section 10-194, in or on any facility is prohibited.
(Code 1970, § 12.5-35; Ord. of 5-2-1995, § 9; Ord. No. 2020-15, 10-6-2020)
Sec. 12.5-78. - Installation of equipment, decorations.#
(a)
Permission for installation and use of any equipment associated with the activity of the user must be obtained in advance through DPW. The user shall be solely responsible for setting up and removing all such equipment and shall indemnify the town against any loss or damage to said equipment or injuries sustained as a result of the use or installation of said equipment.
(b)
Permission for the installation of any and all decorations of any type or kind, including signs, banners, etc., must be obtained in advance through DPW. The user shall be solely responsible for installation and removing said decorations and shall indemnify the town against any loss or damage to said decorations or injuries sustained as a result of the use or installation of said decorations.
(Code 1970, § 12.5-36; Ord. of 5-2-1995, §§ 10, 11; Ord. No. 2020-15, 10-6-2020)
Sec. 12.5-79. - Use of town equipment.#
The user and participants shall be solely responsible for the care and use of the facility and any and all equipment owned by the town located in or on the facility. The user shall be held financially liable for any and all damages to the facility area or damages and loss of equipment sustained by the town which occurs in conjunction with the event held by the user, regardless of whether said damages were caused by the user, participants or viewers.
(Code 1970, § 12.5-37; Ord. of 5-2-1995, § 12; Ord. No. 2020-15, 10-6-2020)
Sec. 12.5-80. - Control of field.#
Notwithstanding the rules and regulations set forth herein and compliance by the user, the town, by and through DPW, retains control of the facility. During emergency situations or under conditions in which parks and recreation authorities deem necessary, DPW retains the right to require the removal of the user, participants and/or viewers from the facility area and town property.
(Code 1970, § 12.5-38; Ord. of 5-2-1995, § 13; Ord. No. 2020-15, 10-6-2020)
Sec. 12.5-81. - Indemnification; insurance.#
(a)
The user shall indemnify the town, its agents, employees and municipal departments from any and all liability resulting from damages and/or injuries sustained by the user, participants or viewers as incurred during activities associated with the user and the use of the facility.
(b)
The user shall provide proof of general liability insurance coverage in the aggregate amount of $1,000,000.00. The town council, for good cause shown, may waive the requirement to provide said general liability insurance or may require proof of general liability insurance in a lesser amount. The user shall submit to the town a certificate of insurance, indicating the town as the named insured. Said insurance certificate must be submitted to the parks and recreation department at the time of application and at least one week prior to use of the facility. No application or use agreement shall be approved without submission of the insurance certificate, if required.
(Code 1970, § 12.5-39; Ord. of 5-2-1995, §§ 14, 15; Ord. No. 2020-15, 10-6-2020)
Sec. 12.5-82. - Violations.#
In addition to those penalties as set forth herein, any violation of the rules and regulations set forth herein shall be subject to fines and penalties as set forth in section 1-12.
(Code 1970, § 12.5-40; Ord. of 5-2-1995, § 16; Ord. No. 2020-15, 10-6-2020)
Sec. 12.5-83. - Civic center fees.#
The town council may set civic center fees from time to time by resolution to reflect the actual cost of service.
(Code 1970, § 12.5-41; Res. No. 2000-24, 2-1-2000; Ord. No. 2007-11, 6-5-2007; Ord. No. 2020-15, 10-6-2020)
Secs. 12.5-84—12.5-109. - Reserved.#
ARTICLE V. - CIVIC CENTER, THOMAS A. LAMB FIELD HOUSE, AND BENNY MAGIERA ICE RINK#
Sec. 12.5-110. - Application and use agreement required.#
It is specifically intended that any person, group, corporation or other entity who wishes to utilize the facilities of the civic center, Thomas A. Lamb Field House, or the Benny Magiera Ice Rink shall file an application with the civic center for said use and execute a lease agreement. All applications and lease agreements are entered into based upon compliance with the rules, regulations, restrictions and conditions which shall be made a part of said applications and lease agreements. Failure to comply with any of the rules, regulations, restrictions and conditions may result in an immediate suspension of said application or termination of the lease agreement, as well as any other penalties as set forth therein.
(Ord. No. 2020-15, 10-6-2020, § 12.5-43)