ࡱ> #` bjbj\.\. 4>>D>D 8888888Lkkk8Hk<kDLllllllll  $zhp18{ll{{188llF~~~{R8l8l ~{ ~~88~ll `Pckk{~g\0~R|R~R8~xlVq8~t"wlll11~Rlll{{{{LLLekLLLkLLL888888 Chapter 26 PARKS AND RECREATION* __________ * Charter References: Authority of city relative to recreation facilities, 2.07. Cross References: Boats, beaches and waterways, Ch. 7; provisions of site plan ordinance relative to reservation of lands for parks and recreation areas, 9-170; operation of mobile food service facilities in parks, 15-141; parades in parks or other public places, Ch. 25; subdividers to make available, for public acquisition, lands for park and playground purposes, 35-83. State Law References: Authority of city to establish and maintain parks, recreation facilities, and playgrounds, etc., Code of Virginia, 15.1-15. See also, 15.1-271 15.2-1806 et seq. __________ Article I. In General Sec. 26-1. Violations of chapter. Sec. 26-2. Definition. Sec. 26-3. Department of parks and recreation generally. Sec. 26-4. Responsibilities of director of parks. Sec. 26-5. Responsibilities of director of recreation. Secs. 26-6--26-20. Reserved. Article II. Regulations Governing Parks and Recreation Areas Generally Sec. 26-21. Violation of article. Sec. 26-22. Park hours. Sec. 26-23. Golf course fees. Secs. 26-23.1--26-23.4. Reserved. Sec. 26-23.5. Golf course account. Sec. 26-24. Reservation of golf course for tournaments. Sec. 26-24.5. Sewage disposal at campsite areas. Sec. 26-25. Camping. Sec. 26-26. Reservation of areas for use by specific individuals or groups. Sec. 26-26.1. Special event fees. Sec. 26-27. Theatrical entertainments or other performances generally. Sec. 26-28. Live band performances. Sec. 26-29. Operation of radios, tape recorders, etc., with accessory speaker or amplification equipment. Sec. 26-30. Sales, solicitations, etc., generally. Sec. 26-31. Operation of mobile food service facilities in specific parks and public areas. Sec. 26-31.1. Granting of concession rights by city. Sec. 26-32. Posting advertisement; defacing or disturbing property. Sec. 26-33. Unlawful driving of vehicles. Sec. 26-34. Unlawful riding or leading of horses. Sec. 26-35. Fishing. Sec. 26-36. Obscene or indecent exposure. Sec. 26-37. Consumption or possession of alcoholic beverages. Sec. 26-38. Application of sections 26-26--26-37 to grounds of public buildings and schools. Secs. 26-39--26-50. Reserved. Article III. Hampton Tennis Center Sec. 26-51. Designation and general duties of director of parks and recreation. Sec. 26-52. Operating hours. Sec. 26-53. Fees generally. Sec. 26-54. Fees for lessons. Sec. 26-55. Use for tournaments. Sec. 26-56. Fees for season passes. Secs. 26-57--26-70. Reserved. Article IV. Hampton Coliseum Sec. 26-71. Definition. Sec. 26-72. General responsibilities of director. Sec. 26-73. Fidelity bonds for certain personnel. Sec. 26-74. Finances generally. Sec. 26-75. Purchases. Sec. 26-76. Scheduling of events; licensing of use; contracts for exhibitions and performances. Sec. 26-77. Use charges. Sec. 26-78. Parking fees. Sec. 26-79. Concessions. Secs. 26-80--26-100. Reserved. Article V. Museum Sec. 26-101. Definition. Sec. 26-102. Museum account. Secs. 26-103--26-109. Reserved. Article VI. The American Theatre Sec. 26-110. Definition. Sec. 26-111. General responsibilities of director. Sec. 26-112. Finances generally. Sec. 26-113. Purchases. Sec. 26-114. Scheduling of events; licensing of use; contracts for exhibitions and performances. Sec. 26-115. Use charges. Sec. 26-116. Concessions. Secs. 26-117--26-124. Reserved. Article VII. Hampton Roads Convention Center Sec. 26-125. Definition. Sec. 26-126. General responsibilities of director. Sec. 26-127. Fidelity bonds for certain personnel. Sec. 26-128. Finances generally. Sec. 26-129. Purchases. Sec. 26-130. Scheduling of events; licensing of use; contracts for exhibitions and performances. Sec. 26-131. Use charges. Sec. 26-132. Parking fees. Sec. 26-133. Concessions. Secs. 26-134--26-150. Reserved. ARTICLE I. IN GENERAL Sec. 26-1. Violations of chapter. Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 3 misdemeanor. Cross References: Penalty for Class 3 misdemeanor, 1-11. Sec. 26-2. Definition. When used in this chapter, the term "public park" shall be construed to include, but not be limited to, all golf courses owned by or under the jurisdiction of the city and all rules and regulations embodied in this chapter shall apply to such golf courses unless, by their nature, they could have no such application. (Ord. No. 290; Ord. No. 458; Code 1964, 27A-4) Sec. 26-3. Department of parks and recreation generally. (a) There is hereby established a department of parks and recreation which shall be under the direct supervision of the city manager. Within the department of parks and recreation, there shall be a director of parks, a director of recreation and a coliseum director, each of whom shall be appointed by the city manager and each of whom shall be responsible directly to the city manager. (b) The city manager is hereby authorized and empowered to designate the duties and responsibilities, whether general or specific, among the divisions of the department of parks and recreation. The city manager is further authorized to assign or reassign the care, management and supervision of the public grounds, buildings or areas used for, or designated for use for, parks and recreation. (c) The director of parks, the director of recreation and the coliseum director shall be responsible for, and exercise such functions as, may be assigned to his division their divisions by ordinance or as may be designated by the city manager, consistent with such ordinances. (Ord. No. 290; Code 1964, 27A-1--27A-3) Charter References: Authority to establish above department, 2.07. Sec. 26-4. Responsibilities of director of parks. Under the supervision and direction of the city manager and subject to appropriations provided by law and the provisions of ordinances of the city, the director of parks shall be charged with the care, supervision, management and maintenance of all public parks, public playgrounds, public beaches, public recreation areas and such other areas belonging to the city or its agencies as may be directed by the city manager. The director of parks shall also be authorized to adopt rules and regulations in order to provide for the public health, safety and welfare of the citizens of the city in the areas under his supervision, authority and control. (Ord. No. 290; Ord. No. 458; Code 1964, 27A-4, 27A-5; Ord. No. 865, 7-8-87) Cross References: Collection of leaves by parks division, 32-32. Sec. 26-5. Responsibilities of director of recreation. (a) Under the supervision and direction of the city manager, the director of recreation shall formulate, supervise and control the recreational programs sponsored or put on by the city. (b) Subject to appropriations provided by law, to the ordinances of the city and the directions of the city manager, the director of recreation shall be responsible for the supervision and control of athletic leagues which are recognized or sponsored by the city, for the promotion and formulation of public recreational entertainment programs for the people of the city and generally for the encouragement and provision of public recreation for the welfare of all the people of the city. (Ord. No. 290; Ord. No. 459; Code 1964, 27A-9, 27A-10) Secs. 26-6--26-20. Reserved. ARTICLE II. REGULATIONS GOVERNING PARKS AND RECREATION AREAS GENERALLY Sec. 26-21. Violation of article. (a) Unless otherwise specifically provided, any person violating any of the provisions of this article shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00); and in addition such person shall be advised of the content of the section and requested to either comply with the section or leave the public area. In the event the person refuses to comply with the provisions of this section or to leave the area, such person shall be deemed to be trespassing and shall be prosecuted pursuant to section 24-33 of this Code. (b) Nothing in subsection (a) above shall be deemed to bar a prosecution for the violation which prompted the making of the request pursuant to such subsection. (Ord. No. 722, 6-23-82; Ord. No. 755, 27A-7, 6-22-83; Ord. No. 1230, 9-9-98) Sec. 26-22. Park hours. (a) City parks shall be open to the public from 7:00 a.m., until sunset. "Sunset" shall be defined as the hour published in a local newspaper for the setting of the sun. In emergency situations, these hours may be modified by the director of parks. (b) For use of a park or admission to a park after the hours designated in this section, written permission must be obtained from the director of parks. Any person or group using a park after hours, with the permission of the director, shall have available, while so using the park, written proof of the right to so use such park and shall display such proof to park authorities or police upon request. (c) In determining whether to grant permission to a group or person to use a park during other than the hours designated in this section, the director of parks shall consider the following: (1) Whether the proposed use will involve unusual, extraordinary or burdensome expense on the part of the city; (2) Whether the proposed use will entail unusual, extraordinary or burdensome police supervision by the city; (3) Whether the proposed use will unreasonably interfere with or detract from the promotion of the public health, welfare, safety or recreation; (4) Whether the proposed use can be conducted without necessitating a general reopening of the park; and (5) Whether the facilities desired have been previously reserved for another use at the date and hour requested. (d) The above provisions shall not apply to Briarfield Park, which shall be a primarily active athletic facility. Approved tournaments and organized athletic events, as scheduled and staffed by the parks and recreation department and which are permitted within the appropriate areas of the park, shall cease at 11:00 p.m. and the park shall be cleared of all persons and properly secured by 11:30 p.m. No special exceptions to this closure time shall be permitted. (e) It shall be unlawful for any person to use, enter or remain in any park when the same is not open to the public, without the permission of the director of parks given in accord with this section. (Ord. No. 515; Ord. No. 654, 4-23-80; Code 1964, 27A-7.1) Sec. 26-23. Golf course fees. (a) The following definitions shall apply to this section: (1) "Holidays" shall include, for each year, the following days: a. New Year's Day (January first). b. Lee-Jackson-King Day (third Monday in January). c. Washington's Birthday (third Monday in February). d. Memorial Day (last Monday in May). e. Independence Day (July fourth). f. Labor Day (first Monday in September). g. Columbus Day (second Monday in October). h. Veterans' Veterans Day (November eleventh) . i. Thanksgiving Day (fourth Thursday in November). j. Christmas Day (December twenty-fifth). (2) "Senior citizens" shall mean those persons sixty (60) years of age and over and who provide proof of age. (3) "Students" shall mean those persons enrolled in school through the senior high school level and who provide proof of such enrollment. (b) The following green fees shall apply for use at The Woodlands Golf Course: (1) Green fees: a. Eighteen (18) holes or any part thereof on Monday through Friday . . . . . $17.00 b. Eighteen (18) holes or any part thereof on Saturday, Sunday and holidays . . . . . 19.00 c. Nine (9) holes or any part thereof on Monday through Friday . . . . . 13.00 d. Nine (9) holes or any part thereof on Saturday, Sunday and holidays . . . . . 14.00 e. Senior citizens . . . . . 10.00 f. Students . . . . . 5.00 g. Annual subscription fees . . . . . 500.00 (2) Annual subscription fees shall be available to senior citizens, sixty (60) years of age or older, who are residents of the City of Hampton, Virginia. The annual subscription entitles the golfer to unlimited rounds of golf Monday through Friday, excluding holidays. The subscription period will be on a fiscal-year basis. Beginning July 1, 1998, annual subscription fees will be discontinued. Senior citizens who pay the annual subscription fee for the July 1, 1997 to June 30, 1998, period by June 30, 1998, will be allowed to renew annually at the subscription rate. Those subscribers who fail to renew by June 30, 1998, or to renew in any subsequent year by June 30 will no longer be able to renew at the subscription rate. (3) All senior citizen rates shall not apply on Saturdays, Sundays and holidays. Student rates shall apply on Saturdays, Sundays and holidays after 1:00 p.m. (4) Electric golf carts, pull carts and golf clubs are available for rental. The per person rental fee shall be as follows: a. Electric golf carts: 1. Senior citizens: (a) Eighteen (18) holes or any part thereof, per person . . . . . $9.00 (b) Nine (9) holes or any part thereof, per person . . . . . 4.50 2. All others: (a) Eighteen (18) holes or any part thereof, per person . . . . . 10.00 (b) Nine (9) holes or any part thereof, per person . . . . . 5.00 b. Pull carts: 1. Eighteen (18) holes or any part thereof, per person . . . . . 2.00 2. Nine (9) holes or any part thereof, per person . . . . . 1.00 c. Golf clubs: 1. Eighteen (18) holes or any part thereof, per person . . . . . 15.00 2. Nine (9) holes or any part thereof, per person . . . . . 8.00 (c) The following green fees shall apply for use at The Hamptons Golf Course: (1) Green fees: a. Eighteen (18) holes or any part thereof on Monday through Friday . . . . . $19.00 b. Eighteen (18) holes or any part thereof on Saturday, Sunday and holidays . . . . . 21.00 c. Nine (9) holes or any part thereof on Monday through Friday . . . . . 14.00 d. Nine (9) holes or any part thereof on Saturday, Sunday and holidays . . . . . 14.00 e. Senior citizens . . . . . 10.00 f. Students . . . . . 5.00 (2) All senior citizen rates shall not apply on Saturdays, Sundays and holidays. Student rates shall apply on Saturdays, Sundays and holidays after 1:00 p.m. (3) Electric golf carts, pull carts and golf clubs are available for rental. The per person rental fees shall be as follows: a. Electric golf carts: 1. Senior citizens: (a) Eighteen (18) holes or any part thereof, per person . . . . . $9.00 (b) Nine (9) holes or any part thereof, per person . . . . . 4.50 2. All others: (a) Eighteen (18) holes or any part thereof, per person . . . . . 10.00 (b) Nine (9) holes or any part thereof, per person . . . . . 5.00 b. Pull carts: 1. Eighteen (18) holes or any part thereof, per person . . . . . 2.00 2. Nine (9) holes or any part thereof, per person . . . . . 1.00 c. Golf clubs: 1. Eighteen (18) holes or any part thereof, per person . . . . . 20.00 2. Nine (9) holes or any part thereof, per person . . . . . 10.00 (d) The city manager or his designee, after having conferred with the golf course advisory committee, shall have the authority to set and establish temporary off season rates, non-peak day rates, promotion golf packages, special rates for juniors and seniors and subscriptions to assure maximum use at rates competitive with other area golf courses during periods of decreased play and to maximize the use of the courses and golf carts. (Ord. No. 458; Ord. No. 610, 2-14-79; Ord. No. 685, 3-25-81; Ord. No. 686, 4-28-81; Code 1964, 27A-8.1; Ord. No. 715, 3-24-82; Ord. No. 794, 3-13-85; Ord. No. 854, 4-8-87; Ord. No. 986, 11-28-90; Ord. No. 1039, 3-11-92; Ord. No. 1119, 5-11-94; Ord. No. 1167, 6-12-96; Ord. No. 1194, 9-10-97; Ord. No. 1216, 6-24-98; Ord. No. 1299, 5-9-01; Ord. No. 1307, 6-13-01; Ord. No. 1315, 9-12-01; Ord. No. 1400, 5-11-05; Ord. No. 1405, 6-8-05) Secs. 26-23.1--26-23.4. Reserved. Sec. 26-23.5. Golf course account. (a) As used in this section, the words "golf course" shall refer to the City owned golf courses known as The Woodlands Golf Course and The Hamptons Golf Course. (b) There shall be established within the financial records of the City a "golf course account" in which shall be recorded the appropriations made by the City Council for the golf course and the revenue receipts of the golf course, including the admission taxes derived therefrom. (Ord. No. 1228, 9-9-98) Sec. 26-24. Reservation of golf course for tournaments. The city's golf course may be reserved for private tournaments upon application to the golf course manager; provided, however, that should such tournament be held on two (2) consecutive days or should the scheduled tee-off times for any one day exceed four (4) hours, the application must be approved by the city manager prior to such tournament. (Ord. No. 458; Code 1964, 27A-8.2) Sec. 26-24.5. Sewage disposal at campsite areas. All sewage and wastewater from camping units, including sink, shower, laundry, lavatory, commode and kitchen waste, shall be discharged or disposed of into an approved collecting or disposing system. All sewage and wastewater shall be discharged into a direct sewer hookup, held in the holding tank on camper-type units until disposal at an approved dump station, or held in a portable, sealed container until disposal at an approved dump station. It shall be unlawful for any person to permit or for any person to dispose of or attempt to dispose of sewage or wastewater upon the surface of the ground, subsurface or into a stream, river, lake or into an open container or in any other unapproved manner. (Ord. No. 756, 27A-8.3, 6-22-83) Sec. 26-25. Camping. (a) It shall be unlawful for any person to use the public parks and recreation areas of the city for sleeping or camping, except in areas specifically designated for such use and upon the payment of the fee as provided in subsection (b) below. (b) The per-night fee for each camping site for use of camper-type vehicles such as tents and self-contained trailers, truck-mounted campers, travel buses, travelalls, vans and like or similar vehicles shall be ten dollars ($10.00). Each site includes an electrical hookup. This fee is subject to applicable state and local tax. (c) The length of stay by persons camping pursuant to this section shall be limited to fourteen (14) successive days, unless written permission is obtained from the director of parks and recreation. (Ord. No. 290; Ord. No. 525; Ord. No. 654, 4-23-80; Code 1964, 27A-8; Ord. No. 755, 27A-8, 6-22-83; Ord. No. 1329, 5-8-02) Sec. 26-26. Reservation of areas for use by specific individuals or groups. (a) When used in this section, the following words shall have the meanings ascribed to them, unless the context clearly indicates a different meaning: (1) Half-day means 7:00 a.m. until 1:00 p.m. or 1:00 p.m. to sunset. (2) Full day means 7:00 a.m. until sunset. (b) In order to provide for the orderly use of public parks and recreation areas, the director of parks and recreation is hereby granted the authority to reserve certain areas, such as picnic shelters and ball fields, for use by specific individuals or groups of individuals for such periods of time as he shall deem proper. (c) No person shall, after having been advised that an area has been reserved pursuant to this section, use or occupy such area during the time of such reservation, unless he is a member of the group for which the area is reserved. (d) To reserve a picnic shelter for a half-day, a nonrefundable fee of ten dollars ($10.00) shall accompany each reservation for a shelter of less than one thousand (1,000) square feet and a nonrefundable fee of twenty dollars ($20.00) shall accompany each reservation for a shelter of one thousand (1,000) square feet or more. To reserve a picnic shelter for a full day, a non-refundable fee of twenty-dollars ($20.00) shall accompany each reservation for a shelter of less than one thousand (1,000) square feet, and a nonrefundable fee of thirty-five dollars ($35.00) shall accompany each reservation for a shelter of one thousand (1,000) square feet or more. (e) Rental parties shall clean shelters prior to their departure. (Ord. No. 181; Ord. No. 290; Ord. No. 482; Ord. No. 494; Ord. No. 688, 5-13-81; Code 1964, 27A-6, 27A-7; Ord. No. 755, 27A-7(a), 6-22-83; Ord. No. 826, 5-28-86; Ord. No. 1145, 8-9-95; Ord. No. 1329, 5-8-02) Sec. 26-26.1. Special event fees. (a) Special event fees are fees that cover the city's cost to provide basic support to special events held at city parks and other city outdoor facilities. This support includes, but is not limited to, monitoring and supervising the event, janitorial services, trash collection, utilities, and routine site restoration when the activity is over. (b) Event organizers are individuals or groups who sponsor or coordinate special outdoor events and activities in public parks and on public rights-of-ways rights-of-way, which events and activities are open to the public. (c) Event organizers who conduct outdoor special events on public property, and whose event is open to the public, shall pay a "special event fee" for events held at Gosnold's Hope Park, Briarfield Park, Buckroe Park, Millpoint Park, Carousel Park, Buckroe Pier, pedestrian malls and streets. (1) The following fees shall apply: FeeGosnold'sBriarfieldBuckroe ParkMillpointCarouselBuckroe Pier Permit Fee$50$50$50$50$50$50Rental Fee$500/day$500/day$500/day$250/day$250/day$250/dayDeposit$500$500$500$500$500$500Staff Fee$160 - $350$160 - $350$160 - $350$160/day$160/day$160/day (2) The staff fee is based on the following: a. Up to 500 people per day -$160.00b. 501 to 1,000 people per day-$350.00c. Over 1,000 people per day -the fee will be negotiated by the director or his designee based on projected usage and activities. (d) Events that would not require a "special event fee" are outdoor private activities on public property, which are not open to the public such as cookouts, weddings, invitation events, and city sponsored or co-sponsored events. Private activities not sponsored or co-sponsored by the city will still be required to pay the associated shelter or stage fee as required in this chapter. The director of parks and recreation is authorized at his discretion to exempt certain events from paying the "special event fees". (e) All event organizers will be required to complete a "special event application" and pay a fifty dollar ($50.00) application fee. In addition a deposit in the amount of five hundred dollars ($500.00) must accompany the application which sum shall be allocated if required to defray the costs of police supervision and any damage or cleanup operations occasioned by the use of the property. Any portion of the deposit not so allocated shall be refunded to the applicant thirty days (30) after the date of the event. (f) Applicants who obtain a "special event permit" pursuant to this section, will not be required to obtain a "live band permit" pursuant to section 26-28 of this chapter. (Ord. No. 1352, 5-14-03) Sec. 26-27. Theatrical entertainments or other performances generally. No person shall give any theatrical entertainment or any performance required to be licensed under chapter 18 18.1 of this Code in a public park or recreation area of the city, except by written permission of the director of parks. (Ord. No. 181; Ord. No. 290; Ord. No. 482; Ord. No. 494; Ord. No. 688, 5-13-81; Code 1964, 27A-7; Ord. No. 755, 27A-7(b), 6-22-83) Sec. 26-28. Live band performances. (a) For the purpose of this section, "live band performance," shall mean the playing of any amplified musical instrument or any radio, tape recorder, tape deck and like or similar instrument to which an accessory speaker or amplification equipment is attached; the amplification of the voice when singing; or the organized playing of any instrumental ensemble, whether amplified or not; but such term shall not include the playing of a single unamplified instrument. (b) No person shall participate in a live band performance in any public park or recreation area of the city, without having first obtained a permit from the director of parks. Application for such permit shall be made upon a form provided by the director of parks, and the applicant must agree to abide by all terms and conditions promulgated by the director, to which the permit shall be subject. (c) In determining whether to issue a permit under this section, the director of parks shall consider the following: (1) Whether the proposed activity will unreasonably interfere with or detract from the general public's enjoyment of the park or recreation area. (2) Whether the proposed activity will unreasonably interfere with or detract from the promotion of public health, welfare, safety or recreation. (3) Whether the proposed activity is reasonably anticipated to incite violence, crime or disorderly conduct. (4) Whether the proposed activity will entail unusual, extraordinary or burdensome expense or police supervision by the city. (5) Whether the facilities desired have been previously reserved for another use at the date and hour requested in the application. (d) In addition to securing the permit required by this section, and as a condition thereto, the applicant shall deposit with the director of parks the sum of five hundred dollars ($500.00), which sum shall be allocated to defray the costs of police supervision and of any necessary repair or cleanup operations occasioned by the performance. Any portion of the deposit not so allocated shall be returned to the applicant on request, not more than thirty (30) days after the date of the performance. (Ord. No. 181; Ord. No. 290; Ord. No. 482; Ord. No. 494; Ord. No. 688, 5-13-81; Code 1964, 27A-7; Ord. No. 755, 27A-7(i)) Sec. 26-29. Operation of radios, tape recorders, etc., with accessory speaker or amplification equipment. Radios, tape recorders, tape decks and like or similar instruments, to which any accessory speaker or amplification equipment is attached, shall not be operated in any of the city's public parks or recreation areas, unless a permit is obtained from the director of parks under the same terms and conditions as are provided in section 26-28. City-sponsored activities and events are exempt from this section. (Ord. No. 181; Ord. No. 290; Ord. No. 482; Ord. No. 494; Ord. No. 688, 5-13-81; Code 1964, 27A-7; Ord. No. 755, 27A-7(h), 6-22-83) Sec. 26-30. Sales, solicitations, etc., generally. No person shall sell, solicit or beg within any public park or recreation area of the city, except as otherwise specifically provided in section 26-31 and except that bona fide civic or charitable organizations may solicit funds or sell merchandise subject to the written consent of the director of parks. (Ord. No. 181; Ord. No. 290; Ord. No. 482; Ord. No. 494; Ord. No. 688, 5-13-81; Code 1964, 27A-7; Ord. No. 755, 27A-7(c), (c)(2), 6-22-83) Cross References: Solicitations generally, Ch. 31. Sec. 26-31. Operation of mobile food service facilities in specific parks and public areas. (a) Mobile food service facilities, as approved by the director of public health according to the provisions of article IV of chapter 15 of this Code, shall be allowed to operate in areas designated as public parks and recreational areas, subject to the provisions of this section. (b) For the protection of the public the operation referred to in subsection (a) above shall be subject to the approval of, and reasonable regulation of, the director of parks and recreation, such regulation to include the number of facilities per park or recreational area. (c) The hours during which mobile food service facilities shall be allowed to operate under this section shall be from 10:00 a.m. to sunset, or as approved by the director of parks and recreation. (d) Each operator of a mobile food service facility operating pursuant to this section shall carry with him, at all times while operating his facility, written evidence of approval by the director of parks and recreation. No such approval granted by the director of parks and recreation shall be valid for a period longer than one year from the date granted. Any such approval shall be revocable or suspended by the director of parks and recreation for violation of any ordinance of the city, law of the commonwealth or regulation issued under this section. (Ord. No. 181; Ord. No. 290; Ord. No. 482; Ord. No. 494; Ord. No. 688, 5-13-81; Code 1964, 27A-7; Ord. No. 755, 27A-7(c)(1), 6-22-83; Ord. No. 1011, 6-12-91) Cross References: Operation of mobile food service facilities in parks generally, 15-141. Sec. 26-31.1. Granting of concession rights by city. The city reserves the right to award concession rights to operate at Briarfield Park, Darling Stadium and the Hampton Golf Course. The concession contracts shall be subject to the direction, supervision and control of the city manager or his designee. All concessionaires shall comply with the health and safety requirements specified in chapter 15. The hours during which concessionaires can operate at these facilities are as follows: (1) Briarfield Park: 8:00 a.m. to 11:00 p.m. Hampton Golf Course: As needed. Darling Stadium: As needed. (Ord. No. 755, 27A-7(c)(3), 6-22-83) Sec. 26-32. Posting advertisement; defacing or disturbing property. No person shall post or display any sign, banner or advertisement, willfully and maliciously destroy, deface, remove, write upon, mutilate or otherwise disturb any building, bench, ornament, tree, flower or other property in any public park, public building or any public recreational area in the city. (Ord. No. 181; Ord. No. 290; Ord. No. 482; Ord. No. 494; Ord. No. 688, 5-13-81; Code 1964, 27A-7; Ord. No. 755, 27A-7(d), 6-22-83) Cross References: Advertising generally, Ch. 3; damaging property generally, 24-31. Sec. 26-33. Unlawful driving of vehicles. No person shall drive any motor vehicle, with the exception of emergency vehicles and other authorized vehicles, upon the grass footways or elsewhere in the public parks, public playgrounds, public beaches or public recreational areas of the city other than upon the roads or parking areas of such public parks, public playgrounds, public beaches or public recreational areas of the city; provided, that the director of parks may permit the temporary use of such areas for parking of vehicles for the transportation of goods or materials for use on the premises. (Ord. No. 181; Ord. No. 290; Ord. No. 482; Ord. No. 494; Ord. No. 688, 5-13-81; Code 1964, 27A-7; Ord. No. 755, 27A-7(e), 6-22-83; Ord. No. 1130, 10-26-94) Cross References: Motor vehicles and traffic, Ch. 21. Sec. 26-34. Unlawful riding or leading of horses. No person shall ride or lead any horse, pony or similar animal, normally used for recreation, in any public park or recreation area of the city, except on paths or areas specifically set aside for such use. (Ord. No. 181; Ord. No. 290; Ord. No. 482; Ord. No. 494; Ord. No. 688, 6-13-81; Code 1964, 27A-7; Ord. No. 755, 27A-7(f), 6-22-83) Cross References: Animals, Ch. 5. Sec. 26-35. Fishing. No person shall fish in any fresh water ponds or lakes located in public parks or at the end of each of the cross streets which intersect Chesapeake Avenue between LaSalle Avenue and Manteo Avenue, inclusive; provided, however, that fishing may take place at such fresh water ponds or lakes at such times and in a manner as are permitted by regulations posted at such ponds or lakes, such regulations to bear the signature of the city manager. (Ord. No. 181; Ord. No. 290; Ord. No. 482; Ord. No. 494; Ord. No. 688, 5-13-81; Code 1964, 27A-7; Ord. No. 755, 27A-7(g), 6-22-83; Ord. No. 957, 12-13-89) Sec. 26-36. Obscene or indecent exposure. (a) It shall be unlawful for any person to make an obscene display or exposure of his person or to intentionally display or expose his private parts in any public park, public beach or public recreation area of the city. (b) A violation of this section shall constitute a Class 1 Misdemeanor. (Ord. No. 1230, 9-9-98) Sec. 26-37. Consumption or possession of alcoholic beverages. (a) No person shall drink alcoholic beverages, or carry on or about his person any containers of alcoholic beverages, while in or on the public parks, public playgrounds, public beaches or public recreation areas of the city, unless a permit authorizing the same is first obtained from the city's parks director of parks and the state's department of alcohol alcoholic beverage control. (b) A violation of this section shall constitute a Class 4 misdemeanor. (Ord. No. 1230, 9-9-98; Ord. No. 1236, 1-27-99) Sec. 26-38. Application of sections 26-26--26-37 to grounds of public buildings and schools. For the purposes of sections 26-26 through 26-37, the term "public park and recreation area" shall include the grounds of all public buildings and public schools in the city and the provisions of such sections shall apply to such grounds, except those provisions which, by their very nature, could have no such application. Secs. 26-39--26-50. Reserved. ARTICLE III. HAMPTON TENNIS CENTER* __________ * Editors Note: Ord. No. 1330, adopted May 8, 2002, amended Art. III, in its entirety, to read as herein set out in 26-51--26-56. Prior to inclusion of said ordinance, Art. III pertained to municipal tennis facilities. See the Code Comparative Table. __________ Sec. 26-51. Designation and general duties of director of parks and recreation. The director of parks and recreation (hereinafter "director") shall be charged with the care, management and supervision of the city Hampton Tennis Center. (Ord. No. 1330, 5-8-02) Sec. 26-52. Operating hours. The Hampton Tennis Center shall be open daily from 8:00 a.m. to 10:00 p.m., from April 15th through October 31st, or as long as, in the discretion of the director, the weather conditions allow. The director is given the latitude to close the facilities if there are not sufficient reservations to justify keeping them open. (Ord. No. 1330, 5-8-02) Sec. 26-53. Fees generally. (a) The Hampton Tennis Center court rental fee shall be three dollars and fifty cents ($3.50) for each thirty (30) minutes of court time or seven dollars ($7.00) for each hour of court time. (b) The tennis ball machine is available for rental at four dollars ($4.00) per hour, plus the normal court fee. (Ord. No. 1330, 5-8-02) Sec. 26-54. Fees for lessons. (a) When used in this section, the following words shall have the meanings ascribed to them, unless the context clearly indicates a different meaning: (1) Adult clinic means instruction provided to a group of players age eighteen (18) and up by a tennis professional. (2) Adult workout means instruction and playtime provided to a group of players age eighteen (18) and up by a tennis professional. (3) Junior camp means instruction provided to a group of players between the ages of seven (7) and seventeen (17) by a tennis professional and consisting of a two-week period. (4) Junior clinic means instruction provided to a group of players between the ages of seven (7) and seventeen (17) by a tennis professional. (5) Peewee clinic means instruction provided to a group of players age six (6) and under by a tennis professional. (6) Private lessons mean one-on-one instruction provided by a tennis professional. (7) Semi-private lessons mean instruction provided to two (2) players by a tennis professional. (b) Tennis lessons are available at the Hampton Tennis Center at the following rates: (1) Private lessons, per hour . . . . . $30.00 (2) Semi-private lessons, per hour, per person . . . . . 15.00 (3) Clinic, peewee, 45 minutes . . . . . 40.00 (4) Clinic, junior, per hour . . . . . 48.00 (5) Clinic, adult, per hour . . . . . 56.00 (6) Workout, adult, one hour . . . . . 64.00 (7) Workout, adult, 1.5 hours . . . . . 80.00 (8) Camp, junior . . . . . 90.00 When paying for lessons, no additional court fee shall be charged pursuant to section 26-53. (Ord. No. 1330, 5-8-02) Sec. 26-55. Use for tournaments. The Hampton Tennis Center may be reserved for tournaments, provided an application for a facility use permit is submitted to the director of parks and recreation for approval at least two (2) weeks prior to the date of intended use and the court fee is paid at least two (2) days prior to the tournament. The tournament rate shall be set by the director of parks and recreation. (Ord. No. 1330, 5-8-02) Sec. 26-56. Fees for season passes. (a) When used in this section, the following words and phrases shall have the meanings ascribed to them, unless the context clearly indicates a different meaning. (1) Family means persons residing in one (1) household consisting of three (3) or more related individuals. (2) Junior means an individual less than eighteen (18) years old. (b) Season passes are available at the Hampton Tennis Center at the following rates: (1) Individual . . . . . $115.00 (2) Two person household . . . . . 210.00 (3) Family . . . . . 235.00 (4) Junior . . . . . 30.00 Season passes are good for one (1) season and can be used to play in one (1) league per season. (Ord. No. 1330, 5-8-02) Secs. 26-57--26-70. Reserved. ARTICLE IV. HAMPTON COLISEUM* __________ * Editors Note: Ord. No. 1393, adopted April 13, 2005, amended Art. IV, in its entirety, to read as herein set out. Prior to inclusion herein, Art. IV pertained to similar subject matter. See also the Code Comparative Table for a detailed analysis of inclusion. Cross References: Exhibitions, performances and events conducted at coliseum exempt from license tax ordinance, 18-8; scalping tickets to public events, 24-29; throwing objects or materials at public events, 24-30. __________ Sec. 26-71. Definition. As used in this article, the word "coliseum" means the facility known as the Hampton Coliseum, located at or near the intersection of Pine Chapel Road and Interstate Route 64. (Ord. No. 1393, 4-13-05) Sec. 26-72. General responsibilities of director. Subject to the appropriations provided by law, the ordinances of the city and the supervision and direction of the city manager, the coliseum director shall be charged with the custody, care, control, operation, maintenance and regulation of the coliseum, including the hiring and firing of personnel. Within appropriations provided by law, he may promote the use of the facility. (Ord. No. 1393, 4-13-05) Sec. 26-73. Fidelity bonds for certain personnel. The city manager may require certain Hampton Coliseum staff involved in the handling of money to be bonded in such amount as determined by the city manager after consultation with the city's risk manager. The surety company must be licensed or authorized to do business in the state and approved as surety by the city's director of finance. The form of such bond shall be approved by the city attorney. (Ord. No. 1393, 4-13-05) Sec. 26-74. Finances generally. (a) There shall be established within the financial records of the city a "Hampton Coliseum Fund," in which shall be recorded the appropriations made by the city council and the revenue receipts of the coliseum itself, including amusement tax and meal tax monies. (b) All money received as a result of the use or occupancy of the coliseum shall be deposited in a qualified public depository as determined by the treasurer and the director of finance immediately on the first day that the qualified public depository is open for conduct of business after receipt of the funds. (c) All expenditures of funds for the coliseum, with the exception of petty cash accounted for by receipts, shall be through the department of finance on appropriate forms as determined by the director of finance. (d) A special bank account for the settlement of events pursuant to contractual obligations may be established with the approval of the city manager. If established, checks drawn on the account shall be signed by the coliseum director or assistant coliseum director and countersigned by the box office manager or assistant box office manager. (Ord. No. 1393, 4-13-05) Sec. 26-75. Purchases. The purchase of materials and supplies for the coliseum shall be pursuant to general city regulations, except that the coliseum director is authorized to purchase such items as may be required for concessions, daily operations or events. An account of such purchases made shall be submitted at least monthly to the director of finance on appropriate forms as determined by the director of finance. (Ord. No. 1393, 4-13-05) Sec. 26-76. Scheduling of events; licensing of use; contracts for exhibitions and performances. (a) The coliseum director shall have the power and authority to schedule events and license the use of the premises at the coliseum and, subject to the limitations herein provided, may contract for exhibitions and various types of events. (b) In negotiating and contracting for exhibitions or events, the coliseum director shall not obligate, and shall not have the power or the authority to obligate, the city within any fiscal year to a total of obligations which is in excess of a sum determined by adding the appropriations of the city council and revenues received from exhibitions and events held at the coliseum, and subtracting all expenditures for the care, maintenance and operation of the coliseum. Depreciation charges are not considered as expenditures in keeping with the intent of this section. (Ord. No. 1393, 4-13-05) Sec. 26-77. Use charges. Unless otherwise specifically provided by the city council, the following shall be applicable for rates charged for use of the coliseum: (1) The coliseum director shall establish from time to time a current schedule of fees, rentals, rates and charges and, subject to such limits and guidelines as the city manager may impose, may negotiate such fees, rentals, rates and charges giving due consideration to event-related costs and expenses such as the number of required service personnel, the necessary promotional work, the length of rental time, the season and the standard charges for similar rentals. (Ord. No. 1393, 4-13-05) Sec. 26-78. Parking fees. (a) Parking at the Hampton Coliseum shall remain under the control of the city, and unless otherwise specifically provided by the city council, the following shall be applicable for rates charged for parking at the Hampton Coliseum: (1) The coliseum director shall establish from time to time a current schedule of parking fees and, subject to such limits and guidelines as the city manager may impose, may negotiate or waive such parking fee based on the type of event. (b) The driver of any motor vehicle failing to pay the parking charge provided for in this section, when notice thereof is posted, shall be punished by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). (Ord. No. 1393, 4-13-05) Sec. 26-79. Concessions. All concessions shall be subject to the direction, supervision and control of the coliseum director or the director's designee; provided that, with the prior written approval of the city manager, a licensee of the premises may be authorized certain concession rights during rental of the facility. Caterers shall be permitted to serve on the premises only with the approval and consent of the coliseum director or the director's designee. (Ord. No. 1393, 4-13-05) Secs. 26-80--26-100. Reserved. ARTICLE V. MUSEUM Sec. 26-101. Definition. As used in this article, the word "museum" means the facility known as the Virginia Air and Space Center and Hampton Roads History Center located at 600 Settlers Landing Road in this city. (Ord. No. 1055, 6-24-92) Sec. 26-102. Museum account. There shall be established within the financial records of the city a "museum account", in which shall be recorded the admissions tax revenue derived from the museum. (Ord. No. 1055, 6-24-92) Cross References: Admissions tax, 37-276 et seq. Secs. 26-103--26-109. Reserved. ARTICLE VI. THE AMERICAN THEATRE Sec. 26-110. Definition. As used in this article, the word "theatre" means the facility known as the American Theatre, located at 125 E. Mellen Street, in this city. (Ord. No. 1278, 5-24-00) Sec. 26-111. General responsibilities of director. Subject to the appropriations provided by law, the ordinances of the city and the supervision and direction of the city manager, the theatre director shall be charged with the custody, care, control, operation, maintenance and regulation of the theatre, including the hiring and firing of personnel. Within appropriations provided by law, he may promote the use of the facility. (Ord. No. 1278, 5-24-00) Sec. 26-112. Finances generally. (a) There shall be established within the financial records of the city "The American Theatre Account," in which shall be recorded the appropriations made by the city council and the revenue receipts of the theatre itself, including admission tax and meal tax monies. (b) All money received as a result of the use or occupancy of the theatre and all money received by the theatre division shall be paid into the appropriate city fund, shall be reported to the department of finance on forms provided by that department and shall be deposited in a qualified public depository immediately on the first day that the qualified public depository is open for conduct of business after receipt of the funds. (Ord. No. 1278, 5-24-00) Sec. 26-113. Purchases. The purchase of materials and supplies for the theatre shall be pursuant to general city regulations, except that the theatre director is authorized to purchase such items as may be required for concessions or events at the theatre. A monthly account of all purchases made shall be submitted to the finance director of finance. (Ord. No. 1278, 5-24-00) Sec. 26-114. Scheduling of events; licensing of use; contracts for exhibitions and performances. (a) The theatre director shall have the power and authority to schedule events and license the use of the premises at the theatre and, subject to the limitations herein provided, may contract for exhibitions and various types of performances. (b) In negotiating and contracting for exhibitions, the theatre director shall not obligate, and shall not have the power or the authority to obligate, the city within any fiscal year to a total of obligations which is in excess of a sum determined by adding the appropriations of the city council, and subtracting all expenditures for the care, maintenance and operation of the theatre. Depreciation charges are not considered as expenditures in keeping with the intent of this section. (Ord. No. 1278, 5-24-00) Sec. 26-115. Use charges. The city council shall approve a schedule of charges for use of the theatre upon recommendation of the arts commission. (Ord. No. 1278, 5-24-00) Sec. 26-116. Concessions. The theatre shall operate all concessions at the theatre and such concessions shall be subject to the direction, supervision and control of the theatre director or his designee; provided that, with the prior written approval of the theatre director, a licensee of the premises may be authorized certain concession rights during rental of the facility. Caterers shall be permitted to serve on the premises only with the approval and consent of the theatre director or his designee. (Ord. No. 1278, 5-24-00) Secs. 26-117--26-124. Reserved. ARTICLE VII. HAMPTON ROADS CONVENTION CENTER Sec. 26-125. Definition. As used in this article, the words "convention center" mean the facility known as the Hampton Roads Convention Center, located at or near the intersection of Pine Chapel Road and Interstate Route 64. (Ord. No. 1394, 4-13-05) Sec. 26-126. General responsibilities of director. Subject to the appropriations provided by law, the ordinances of the city and the supervision and direction of the city manager, the convention center director shall be charged with the custody, care, control, operation, maintenance and regulation of the convention center, including the hiring and firing of personnel. Within appropriations provided by law, the director may promote the use of the facility. (Ord. No. 1394, 4-13-05) Sec. 26-127. Fidelity bonds for certain personnel. The city manager may require certain convention center staff involved in the handling of money to be bonded in such amount as determined by the city manager after consultation with the city's risk manager. The surety company must be licensed or authorized to do business in the state and approved as surety by the city's director of finance. The form of such bond shall be approved by the city attorney. (Ord. No. 1394, 4-13-05) Sec. 26-128. Finances generally. (a) There shall be established within the financial records of the city a "Hampton Roads Convention Center Fund," in which shall be recorded the appropriations made by the city council and the revenue receipts of the convention center itself, including admissions tax and meal tax monies. (b) All money received as a result of the use or occupancy of the convention center shall be deposited in a qualified public depository, as determined by the treasurer and the director of finance, immediately on the first day that the qualified public depository is open for conduct of business after receipt of the funds. (c) All expenditures of funds for the convention center, with the exception of petty cash accounted for by receipts, shall be through the department of finance on appropriate forms as determined by the director of finance. (d) A special bank account for the settlement of events pursuant to contractual obligations may be established with the approval of the city manager. If established, checks drawn on the account shall be signed by the convention center director or assistant convention center director and countersigned by the box office manager or assistant box office manager. (Ord. No. 1394, 4-13-05) Sec. 26-129. Purchases. The purchase of materials and supplies for the convention center shall be pursuant to general city regulations, except that the convention center director is authorized to purchase such items as may be required for concessions, daily operations or events. An account of such purchases made shall be submitted at least monthly to the director of finance on appropriate forms as determined by the director of finance. (Ord. No. 1394, 4-13-05) Cross References: Purchases generally, 2-141 et seq. Sec. 26-130. Scheduling of events; licensing of use; contracts for exhibitions and performances. (a) The convention center director shall have the power and authority to schedule events and license the use of the premises at the convention center and, subject to the limitations herein provided, may contract for exhibitions and various types of events. (b) In negotiating and contracting for exhibitions or events, the convention center director shall not obligate, and shall not have the power or the authority to obligate, the city within any fiscal year to a total of obligations which is in excess of a sum determined by adding the appropriations of the city council and revenues received from exhibitions and events held at the convention center, and subtracting all expenditures for the care, maintenance and operation of the convention center. Depreciation charges are not considered as expenditures in keeping with the intent of this section. (Ord. No. 1394, 4-13-05) Sec. 26-131. Use charges. Unless otherwise specifically provided by the city council, the following shall be applicable for rates charged for use of the convention center: (1) The convention center director shall establish from time to time a current schedule of fees, rentals, rates and charges and, subject to such limits and guidelines as the city manager may impose, may negotiate such fees, rentals, rates and charges giving due consideration to event-related costs and expenses such as the number of required service personnel, the necessary promotional work, the length of rental time, the season and the standard charges for similar rentals. (2) The city manager or the city manager's designee, is authorized to waive the payment of rental fees and charges with respect to city sponsored events or activities. (Ord. No. 1394, 4-13-05) Sec. 26-132. Parking fees. (a) Parking at the convention center shall remain under the control of the city, and unless otherwise specifically provided by the city council, the following shall be applicable for rates charged for parking at the convention center: (1) The convention center director shall establish from time to time a current schedule of parking fees and, subject to such limits and guidelines as the city manager may impose, may negotiate or waive such parking fee based on the type of event. (b) The driver of any motor vehicle failing to pay the parking charge provided for in this section, when notice thereof is posted, shall be punished by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). (Ord. No. 1394, 4-13-05) Sec. 26-133. Concessions. 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