Morrisville NC Combined 2025 Code of Ord Update

Chapter 38

PARKS AND RECREATION*

Article I. In General

Sec. 38-1. Heavy trucks, tractor-trailers prohibited at facilities. Secs. 38-2--38-40. Reserved.

Article II. Reserved.

Secs. 38-41 -38-48. Reserved.

Article III. Parks and Recreation Facilities

Sec. 38-49. Regulations for Use of Public Parks and Recreation Facilities.

* State Law References: Parks and recreation generally, G.S. 160A-350 et seq., and municipal ordinance making power, 160A-l74(a). Cross References: Ch 18 -Environment. Editor's Note: Article II repealed in its entirety by Ord.2005-165/12.20.2005.

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ARTICLE III.

PARKS AND RECREATION FACILITIES

Sec. 38-49. Regulations for Use of Public Parks and Recreation Facilities.

The Town parks, greenways, and recreation facilities are for the purpose ofpublic recreation and use through general public access and approved recreational programs as authorized by the Town and in accordance with all Town ordinances and such policies, rules and regulations as may be adopted pursuant to this Code. These sites include any property or facility that is owned, leased, or managed by the Town for the purpose of public recreation. All Town owned, leased or managed parks and facilities are subject to this ordinance: (1) Hours ofoperation. Normal hours of operation for Town outdoor parks and greenways shall be during daylight hours only except for Town authorized events, programs, use of lighted facilities, and operation hours set for indoor facilities. Special hours of operation shall be established from time to time by the Town Manager or their designee and shall be posted as may be appropriate.

Use of vehicles restricted:

(2)

It shall be unlawful for any person to drive or propel any motor vehicle over or through any park, except along and upon regularly established roadways and parking lots. The term "motor vehicle" includes, but is not limited to, automobiles, trucks, mini-bikes, go-carts, motor bikes, motorcycles or any other self-propelled motorized vehicle. It shall be unlawful for any person to drive or propel any other vehicle including, but not limited to, bicycles or skateboards over or through any park except along and upon regularly established roadways, sidewalks, parking lots, greenways or other areas specifically designated by the Town for the use of those vehicles.

(a)

(b)

It shall be unlawful for any person to drive a motor vehicle at more than 15 miles per hour in any park.

(c )

(d ) It shall be unlawful for any person to park or permit to be parked any vehicle anywhere on the premises of a park or greenway except upon designated parking areas. ( e) It shall be unlawful for any person to drive, park or otherwise operate or leave unattended any type of vehicle on the premises of a Town park and recreation facility outside of the normal hours of operation or during Town authorized programs, except for Town employees conducting Town

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business for profit, within the parks or recreation facilities unless written authority is given by the Town, and unless such selling, peddling, or soliciting is in accordance with other applicable provisions of this Code and state and local laws and regulations.

Disorderly conduct:

(8)

It shall be unlawful for any person to restrict passage of vehicles or pedestrians into or through a park area.

(a)

It shall be unlawful for any person to perform any acts that endangers the well-being of themselves or others or significantly interferes with other persons' abilities to enjoy a recreation area within any park in the Town.

(b)

Alcoholic beverages

(9)

It shall be unlawful for any person to possess, consume or to display publicly any alcoholic beverage in any park except as permitted by Sec 34-3 ofthis code.

(a)

It shall be unlawful for any person under the influence of alcoholic beverages, narcotics or other drugs to enter or remain in any park.

(b)

(10) Games and sports. It shall be unlawful for any person to participate in any activity in any area in any park in such proximity to playground equipment or park structures as to threaten harm to other persons using the park or cause damage to the park structures.

(11) Excavations. It shall be unlawful for any person to make an excavation in any park for any purpose without written permission from the Town.

(12) Fires. It shall be unlawful for any person to make or kindle a fire in any park except in a regularly constructed or appropriate cooking grill. It shall be unlawful for any person to leave any fire unattended or to fail to completely extinguish a fire and all the embers thereof before leaving such fire. (13) Dumping or littering. It shall be unlawful to deposit, dump, throw, cast, lay or place or cause to be deposited, dumped, thrown, cast, laid or placed any ashes, cigarette, cigarette butt, cigar, cigar butt, trash, rubbish, soil or earth, paper, garbage, refuse, debris, plant clippings, limbs or leaves in or upon any park or park land, or in any watercourse, lake, pond or slough within such park lands. All waste material must be deposited in the proper waste or recycling containers.

(14) Park and facility use:

(a)

During regular hours of operation, parks and facilities are open to the public and activities will be based primarily on free play by individuals or small groups.

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(b) Scheduled activities and facility rentals will be held at various times during and outside of regular hours of operation. Those activities or rentals sanctioned by the Town will hold priority to the use of the parks or recreation facilities over any other user or activity. (c) It shall be unlawful for any person to be present on the premises of a Town park and recreation facility outside of the normal posted hours of operation, except for Town employees conducting Town business thereon, emergency personnel and law enforcement personnel on official business, and persons attending or participating in events sanctioned by the Town. It shall be unlawful for any person to enter any portion or area of a park that has been posted as closed or off limits by the Town due to weather conditions, maintenance, repair, flooding, potential hazards or any other factors as determined by the Town. (e) No person, group of persons, organization, or team shall use a Town greenway, park space, or facility for any organized event without first obtaining the proper Town facility rental authorizations and / or applicable permits. 1) For the purpose of this section, "organized event" is defined as any commercial activity, concert, entertainment event, fundraising event, game, meeting, practice, or other gathering, whether private or open to the public. (d) 2) An organized event does not include occasional use by a family or group ofpersons known to one another, not exceeding 20 persons, gathering for recreational or social purpose, including but not limited to a picnic, informal sport play (i.e."playing a game for fun and relaxation"), or other non-intrusive (i.e. no damage or excessive wear caused) use of park open spaced. However a one time use must honor any reserved uses in a park. 3) A person or group of persons is not required to obtain a permit from the Town to engage in activities which are sponsored or co-sponsored by the Town. No use of park space is allowed that would result in undue wear or damage to park grounds, amenities, and / or play surfaces. For the purpose of this section, "undue wear or damage" is definedas use that results in repairs being necessary or wear occuring that is not consitent with typicl recreatyional use an negatively impacts the long-term viabilty of the ground, amenity, or play surface. (f)

(15) Political activity in Town parks.

Political campaigning is not allowed in Town parks ; For the purposes of this section, " political campaigning " is defined as " an organi z ed event intended to influence the decision-making progress of voters related to an individual's candidacy for a publicly elected office. "

(a)

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(b) Political activity may be allowed if it otherwise meets the guidelines and requirements of the Town. For the purposes of this section, "po litical activity" is defined as activity by an elected official (or the ir designee) not related to political campaigning but instead focused on communi ty engagement and/or information sharing with their constituents.

(1 6 )

Enforcement

(a) Duly sworn law enforcement officers with jurisdiction within the Town of Morrisville shall have the duty and responsibility to enforce this Ordinance. All Town employees shall have the responsibility to inform a person in violation of the ordinance that their actions are in violation or to contact a duly sworn law enforcement officer to report the violation, if necessary. (b) Violation of this ordinance shall constitute a Class 3 misdemeanor and subject the violator to a fine of fifty dollars ($50.00). In addition, violation of this ordinance shall subject the offender to a civil penalty in the amount of fifty dollars ($50.00). Each violation constitutes a separate offense. (c)

(Ord. 2014-026, 4-22-14; Ord. No. 2023-6-0, 3-14-23)

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Sec. 38.50 Use of Tobacco Products

Authority. This ordinance is enacted pursuant to NCGS 130A-498 and 160A

(1)

l 74(a).

Definitions -=-- The following definitions are applicable to this ordinance.

(2)

"Grounds" -An unenclosed area owned, leased, managed or occupied by the Town of Morrisville.

(a)

(b) "Parks System" -any tract ofland or body ofwater comprising part ofthe Town's parks, playgrounds, natural areas, recreation areas, trails and greenways, and streams or other bodies ofwater. "Smoking" -The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product as defined by G.S. § 130A-492(16). "Tobacco product" -shall mean a cigarette, cigar, or any other product that contains tobacco and is intended for inhalation or oral use, as defined by G.S. § 105-113.4. The term includes a vapor product.. ( c) (d) "Universal 'No Smoking and Use of Tobacco Products Prohibited' Symbol" -Symbol consisting of a pictorial representation ofa burning cigarette and a tobacco product enclosed in a red circle with a red bar across it. (g) "Vapor product" -any nonlighted, noncombustible product that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to produce vapor from nicotine in a solution as defined by G.S. § 105-113.4. The term includes any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. The term does not include any product regulated by the United States Food and Drug Administration under Chapter V ofthe federal Food, Drug, and Cosmetic Act. (e) "Town building" -A building owned, leased as lessor, or the area leased as lessee and occupied by the Town. (f )

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