§ 15-7. Rules and regulations; illegal acts.

(a)

No person shall wilfully mark, deface, disfigure, damage, tamper with or without the authorization of the town, displace or move any structure, equipment, facility, or any other real or personal property that is the property of or under the control of the parks and recreation department.

(b)

No person shall wilfully damage, cut, carve, transplant or remove any tree, shrub, bush or plant within any park except in maintenance or other activity under the direction of the town.

(c)

No person shall drive, park or ride any motorized vehicle in any public park or on any public greenway except in areas so marked, signed or designated for motorized vehicular traffic, except in maintenance or other activity under the direction of the town.

(d)

No person shall dump, deposit, leave or place trash, garbage, ashes, wastes, broken glass or other rubbish within any park, except in garbage, trash recycling or other proper receptacles provided for the purpose. No person shall dispose of garbage or rubbish within any park.

(e)

No person shall camp or stay overnight in any park, except with written permission from the parks and recreation director.

(f)

Except for authorized personnel or agents of the parks and recreation department or law enforcement personnel, no person shall enter any park or remain in any park during the hours the park is closed to the public.

(g)

Dogs, cats, horses and other pets are allowed within the public parks, subject to the provisions of the town's animal control regulations, except in those areas specifically marked and designated that no dogs, cats, horses or other pets shall be allowed. Provided, however that horses are not allowed on public greenways within the town's municipal corporate limits.

(h)

No person shall solicit, peddle or beg or conduct private fundraising activities within any public park or on any public greenway, or sell, merchandise, wares, or distribute any product samples, informational literature of any type therein. This subsection shall not apply to:

(1)

Any concession franchise granted by the parks and recreation and cultural resources department for a park; or

(2)

Any solicitation or sale of goods by nonprofit or civic groups, provided that written permission is obtained in advance from the director of parks, recreation, and cultural resources or the director's designee. Such groups must provide proof of their approved 501-C3 nonprofit designation and must provide insurance, Hold Harmless, and other documentation as required by the town. No such permission shall be issued to any group more than once during a 12-month period.

(i)

Except as otherwise permitted by N.C.G.S. Chapter 14, Article 54B related to carrying of a concealed handgun, no person shall carry, possess or use any firearm or other dangerous weapon within any park. This section shall not apply to law enforcement or other government personnel acting in the scope of their employment.

(j)

No person shall use, consume or possess any alcoholic beverages, beer or wine within the park; no person shall use, consume or possess any narcotic drug or hallucinogen or any other controlled substance within any park without a valid physician's prescription for the substance.

(k)

All persons in any park shall obey all posted traffic regulations, signs and directions.

(l)

No person shall swim or boat in parks except in waters and in areas designated for such purposes by the town's parks, recreation and cultural resources department, and subject to all rules, regulations and policies promulgated by the town's parks, recreation and cultural resources department (including but not limited to all applicable permitting requirements).

(m)

No person shall engage, either verbally or physically, in any loud, disruptive or offensive conduct, or engage in any activity or sport in a manner which threatens the safety or welfare of other patrons of the park, or which unreasonably impairs the public's opportunity to use and enjoy the park.

(n)

All persons using or present in the vicinity of swimming pools or other water areas shall obey posted safety regulations and notices relating to conduct of patrons, safety requirements, and health and hygiene requirements.

(o)

Participants in organized league sports shall obey the special rules and regulations relating to such activities in the park as prescribed by the parks and recreation department.

(p)

No person other than parks and recreation department personnel acting within the scope of their employment shall, without the permission of the town, place, maintain or erect any sign, poster, notice or advertising device within any park.

(q)

Fishing at the town pond which is within Apex Community Park is only allowed under the following conditions:

(1)

Fishing is only allowed from the banks of the pond, or from watercraft for which a boating permit has been issued by the town's parks, recreation and cultural resources department;

(2)

Fishing is only allowed during regular park hours and until sunset as defined by the National Weather Service, or for such shorter time as the Apex Community Park may be open. Provided, however, that fishing from watercraft pursuant to subsection (1) shall be allowed between 6:30 a.m. and sunset daily, as defined by the National Weather Service;

(3)

In addition to permits required by the North Carolina Wildlife Commission, any person fishing must have in his or her possession a valid fishing permit issued by the town's parks, recreation and cultural resources department; and

(4)

The town council shall establish a fee for said fishing permits from time to time. The schedule of fees may allow the director of the town's parks, recreation and cultural resources department to waive or reduce the fee for programs sponsored or co-sponsored by the town.

(r)

The following activities shall be prohibited on all athletic fields, athletic courts, and playgrounds within public parks: the hitting of golf balls, the riding of bicycles, the use of motorized vehicles except those being used for emergency and maintenance purposes; and the exercising of pets and animals.

(s)

The maximum motorized vehicular speed allowed within any public park shall be 15 miles per hour, except that all users are expected to travel at lesser speeds where commensurate with existing conditions.

(t)

Open fires are prohibited within all public parks and on all public greenways except in grills provided by the town, or as otherwise provided in this subsection. Use of privately owned "pig cookers" and portable gas grills is permitted, provided that, such use of pig cookers and portable gas grills is limited to concrete or asphalt surfaces such as parking lots and shall be located a minimum distance of 15 feet from park shelters other and structures.

(u)

No person shall engage in any sport or recreational activity or an area designated for vehicle operation or parking.

(v)

No person shall engage in a sport or recreational activity in an area in which doing so endangers other park patrons and their pets and park wildlife, this may include, but is not limited to, driving golf balls, batting baseballs, throwing balls, throwing frisbees, and throwing objects for animals to fetch.

(w)

No person shall set off fireworks within any public park or on any public greenway.

(x)

No person or group of persons shall use a Town of Apex public park or greenway for any activity of an organized athletic league or for an organized fundraising or commercial activity, without first obtaining a permit from the town parks, recreation and cultural resources department. Notwithstanding the previous sentence, a person or group of persons is not required to obtain a permit from the town parks, recreation and cultural resources department to engage in activities which are sponsored or co-sponsored by the Town of Apex.

(y)

Any law enforcement officer may issue a citation for a civil penalty for any violation of section 15-5, and subsections 15-7(l) or 15-7(q), in the amount of $100.00. This authority shall be in addition to any other authority under this Code or North Carolina law, and shall not preclude in any way any law enforcement officer from exercising any authority or carrying out the duties of a law enforcement officer. Enforcement of any unpaid citation may be by issuance of a criminal summons, by the filing of a civil complaint to collect the unpaid debt owed to the town, and/or by any other means authorized by law.

(Ord. of 3-17-87, § 2.3; Ord. of 12-5-95, § 1; Ord. of 6-20-00, §§ 2, 3; Ord. No. 02-1119-15, § 1, 11-19-02; Ord. No. 03-0617-04, §§ 2, 3, 5, 6-17-03; Ord. No. 07-1218-17, §§ 4, 5, 12-18-07; Ord. No. 2012-1204-18, §§ 1, 2, 12-4-2012; Ord. No. 2014-0617-17, § 2, 6-17-2014)