Local Government
Chesterton Town Code

Chapter 17
PARKS AND RECREATION

Art. I. In General, 17-1 - 17-15

Art. II. Park and Recreation Board, 17-16 - 17-30

Art. III. Use Regulations, 17-31 - 17-37

ARTCLE I. IN GENERAL

Sec. 17-1. Department created.
 Under the provisions of IC 36-10-3 there is hereby created a Town Department of Parks and Recreation.

Sec. 17-2. Operating fund.

A.  There is hereby created, pursuant to IC 36-10-3-22, as amended, a special nonreverting operating fund for the use of the Park and Recreation Board.

B.  The Park and Recreation Board may make expenditures from the fund created by this Section without appropriation.

Sec. 17-3. Capital fund.
There is hereby created, pursuant to IC 36-10-3-20, a special nonreverting capital fund for the purpose of acquiring land for the park system of the Town.

Secs. 17-4 - 17-15. Reserved.

ARTICLE II. PARK AND RECREATION BOARD

Sec. 17-16. Creation; composition; qualifications of members.
A Park and Recreation Board shall be created composed of four (4) members appointed by the Executive of the municipality on the basis of their interest in and knowledge of parks and recreation. No more than two (2) members shall be of the same political party.

Sec. 17-17. Terms; vacancies.
Upon establishment of the Board created by this article, the terms of the members, after those initially appointed, shall be four (4) years. All terms expire on the first Monday of January, but a member shall continue in office until a successor is appointed. If the Executive of the municipality does not make an appointment for a new term by the first Monday in April, the incumbent shall serve another term. If a vacancy occurs, the Executive of the municipality shall appoint a new member for the remainder of the unexpired term.

Sec. 17-18. Officers.
At its first regular meeting in each year, the Board created by this article 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.

Sec. 17-19. Powers, duties.
The Board created by this article 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 IC 36-10-3.

Sec. 17-20. Annual budget; acceptance of gifts, etc.
The Board created by this article shall prepare and submit an annual budget in the same manner as other departments of the Town as prescribed by the State Board of Accounts. The Board may accept gifts, donations, and subsidies for parks and recreation purposes.

Secs. 17-21 - 17-30. Reserved.

ARTICLE III. USE REGULATIONS

Sec. 17-31. General duties of persons using parks.
Each person using the public parks and grounds shall clean up all debris, extinguish all fires when such fires are permitted, and leave the premises in good order, and the facilities in a neat and sanitary condition.

Sec. 17-32. Prohibited acts.
It shall be unlawful for any person using the parks to either perform or permit to be performed any of the following acts:

A.  Throw, discharge, or otherwise place or caused to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing in such waters, any substance, matter or thing, liquid or solid, which will or may result in pollution of said waters.

B.  Carry, possess, or drink any alcoholic liquor in any park.

C.  Violate any rule for use of the parks, made or approved by the Park and Recreation Board.

D.  Prevent any person from using any park, or any of its facilities or interfere with such compliance with this article and the rules applicable to such use.

E.  Swim, bath, or wade in any water or waterways in or adjacent to any park, except in such waters and at such places as are provided therefore, and in compliance with such regulations as are herein set forth or may hereafter be adopted by the Town Council or the Park and Recreation Board.

F.  Engage in special activities including model airplanes, golf practice, ice-skating, games and picnics except at locations specifically designated for such activities by the Park Superintendent. Areas for such activities may be reserved by groups for use at specified times.

G.  Drive or park any automobile or motor vehicle except on a street, driveway or parking lot in any park; or to park or to leave any such vehicle in any place other than one established for public parking.

H.  Bring any dangerous animal into any park and it shall be unlawful to permit any dog to be in any park unless such dog is on a leash not more than six (6) feet long and in no event shall equines be allowed to be brought into or harbored in any of the parks of the Town.

I.  For any person other than employees and officials of the Park and Recreation Board to vend, sell, peddle or offer for sale any commodity or article within the park, unless a use permit is obtained.

J.  Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever or erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park; provided that, these provisions shall not apply to any properly authorized government official in pursuit of his official duties.

Sec. 17-33. Hours parks are open.

A.  The Park and Recreation Board shall establish days and hours during such days that parks, or any of them, shall be open to the public and it shall be unlawful for any person other than Town personnel conducting Town business therein, to occupy or be present in such parks, or any of them, during any hours in which the park or parks are not open to the public.

B.  The Park Superintendent may declare any section, or part of any park, or any park, closed to the public at any time and for any interval of time, either temporarily or at regular stated intervals.

Sec. 17-34. Use permits.

A.  Whenever any group, association or organization desires to use park facilities for a particular purpose, such as picnics, parties, etc., a representative of such group, association or organization shall first obtain a permit from the Park Superintendent for such purposes. The Park and Recreation Board may adopt an application form to be used by the Park Superintendent for such situations.

B.  The Park Superintendent shall grant the application if it appears that the group, association or organization will not interfere with the general use of the park by the individual members of the public if such group, association or organization meets all of the conditions contained in the application. The application may contain a requirement for an indemnity bond to protect the Town from any liability of any kind or character and to protect Town property from damage and to ensure cleanup of such park after use by such group, association or organization.

C.  The Park and Recreation Board has the authority to adopt a schedule of fees for the use of park facilities.

Sec. 17-35. Picnics.

A.  No person in a park shall picnic or lunch in a place other than those designated for that purpose. The Park Superintendent or his designee shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this.

B.  No person in a park shall use any portion of the picnic areas of any of the buildings or structures therein for the purposes of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded.

Sec. 17-36. Enforcement.
The Park Superintendent and his designees are herewith granted authority to enforce the provisions of this article and the Police Department and the members thereof are herewith specifically directed and authorized to enforce the provisions of this article.

Sec. 17-37. Dunes Friendship Land Park, Rules and Regulations.

A.  The Department of Parks and Recreation has approved and the Town Council adopts the following rules and regulations for Dunes Friendship Land Park. These rules and regulations are:

     1.  No obscene language or disorderly behavior on park property

     2.  No pets are allowed within the Dunes Friendship Land play structure.

     3.  No bikes are allowed within the Dunes Friendship Land play structure.

     4.  No skates are allowed within the Dunes Friendship Land play structure.

     5.  No skateboards are allowed within the Dunes Friendship Land play structure.

     6.  No roller blades are allowed within the Dunes Friendship Land play structure.

     7.  There will be a curfew one (1) hour after sunset in the Dunes Friendship Land play structure.

     8.  There is a marked height restriction for the children's portion of the Dunes Friendship Land play structure. Parents are allowed to be in the area with their children but only children under the marked height are allowed in the children's area.

     9.  No children over eight (8) years of age shall be allowed to play in the fenced in area at the Dunes Friendship Land Park.

     10.  Any vandalism within the Dunes Friendship Land play structure or any other park property that is overseen by the Department of Parks and Recreation will not be tolerated. Any persons caught vandalizing Town parks will be prosecuted to the full extent of the law.

     11.  Any violations of the above rules will result in the offender being asked to leave the park on the day in question. A second offense will result in the offenders being banned from the park in question. The third offense will result in the offender being banned from all Town parks.

B.  Violations of this article shall be prosecuted through the Ordinance Violations Bureau.