Bemidji Daily Pioneer Newspaper, July 25, 1918, Page 5

ORDINANCES of the . Board of Park Commissioners ; i of the City of Bemidji Adopted July jl7, 1918 No. 1. . /An Ordinance Regulating the Use of the Pn:lu and Parkways of the City of Bemidji in and Adja- cent to the City of Bemidji and the Use of the Ll.kal and Waterways Therein, and to Secure the Quiet, Orderly and Suitable Use and Enjoyment of Such Parks, Parkways, Lakes and Waterways by the People, and Prescribing Penalties. B Be it Enacted by the Park Commissioners o the Park District of the -City of Bemidji, State of Minnesota: - . Section 1. The word “Board” and the term “The Board” as used in this ordinance.are hereby defined to mgan the “Board of Park Commissioners of the Park Dis- trict of the City of Bemidji, State of Minnesota,” and the terms “Parks” and “Parkways” are defined to mean thé parks, parkways, lakes and waterways, in and adjacent to the City of Bemidji which are under control of the Board. Sec. 2. i Sl No person shall cut, break, or in any way injure or deface any tree, building, fence or other struc- ture, construction or improvement upon or within any park or parkway. ec. 3. No person not the employe of the Board, shall pick or pluck or cut any wild flower or cultivated flower or plant, or cut, break, or in any way injure or deface any tree, shrub or plant within the lim- its of any park or parkway. X . Sec. 4. Mo person shall tie or fasten any animal to any tree, shrub, plant, fence or building or structure, except hitching rails, in or upon any such park or parkway. Sec. b. No person shall go. on foot or otherwise upon the grass or turf of any park or parkway where any prohibitory sign is posted. Sec. 6. No vehicle, except upon bicycle paths as here- in-after provided, horse or other animal, shall be permitted upon the foot walks of any park or park- way, nor shall any vehicle, horse or other animal of burden, go or be taken upon any part of such park or parkway, except on the carriage drives or road- 'ways thereof. B, 1 ec. 7. No vehicle or animal shall be permitted to stand upon the carriage drives or roadways of any park or parkways to the obstruction of the way -or to the inconvenience of travel; nor shall any person solicit passengers within or upon any parkway, except at stands speciaslly designated by the Board. ec. No cattle, horses;, mules, swine, sheep, goats or fowls shall be turned into or allowed to run at large in or upon any park or parkway; and the tying or securing by means of a rope or otherwise of any such animal for grazing purposes, or suffering any such animal to graze, whether attended by watchers or not, shall also be cogsidered running at large. ec. 9. ‘It shall be the duty of each policeman and em- ployge of any park to take up any animal or animals known to him to be running at large in the park or parkway, and under the direction of the Superin- tendent impound the same until the expenses of keeping are paid with costs of impounding. Sec. 10. No person shall throw, sling, cast or hurl any stone or other niissle vgithin i'emy park or parkway. ec. 11. No person shall post, paste, paint or affix any placard, bill, notice or sign upon any structure, tree or thing within said park or any parkways, or upon any of the ferlces or enclosures thereof, nor upon any part of any parkway. B Sec. 12. No person shall fire or discharge any cannon, fowling piece, pistol, revolver or firearm of any description, or fire, explode or set off any squib, cracker or other thing containing powder or pther combustible or explosive material, within the limits of any park or parkway, excepting exhibitions of fire works given under the direction of the Board. Sec. 13. No person shall injure or destroy or rob any bird’s nest within the limits of any park or parkway, nor aim or discharge any air gun, sling shot or other weapon, or throw any stone or other missle at any bird or bird’s nest within any park or parkway, nor in any manner capture or kill any bird therein. Sec. 14. No person shall at any time set, lay, prepare or have in possession any trpa, snare, artificial light, net, bird line, ferret or any contrivance whatever, for the purpose of catching, taking or killing any bird or animal in any park or parkway. Sec. 15. No person shall play ball, tennis or other games, upon or within® any park or parkway, except upon ball, tennis or other athletic grounds, established by the Board. The flying of kites may be permitted under the supervision of park policemen and - keepers. ~ Sec. 16. No person shall tease or annoy or disturb or in- terfere with any bird or animal or fish kept by the board in any park or parkway. Sec. 17. No person shall throw, deposit or leave any paper, article or thing in the parks, parkways or waters thereof, except in the r:agceptligles provided for waste. = ec. " No person shall sell or offer for sale any article or thing whatever in any park or parkwa)vl, except refreshments and other like articles at the pavil- jons and stands authorized by the Board. Patron- age at such places shall not be solicited otherwise, than by the display of goods and by neat and appro- priate painted signs in such pavilions or stands. Sec. 19. No threatening, profane; abusive, disorderly, in- sulting, or indecent language, conduct or behavior, Tor any other act tending to @ breach of the peace, shall be allowed in or upon any park, or parkway; Tor shall any person play at games of chance, drink intoxicating liquor, or be drunk, or do any inde- <cent or improper act therein. Sec. 20. The following acts are prohibited within the skating rinks and ponds of the parks and parkways: Skating in groups of more than three persons, rac- ing, skating at a speed greater than six miles per * hohr, lounging or loafing on the ice or in waiting ToOmS. Sec. 21. No person shall take, use, or have in or upon any park or parkway, any intoxicating liquor, either for sale to others or for his own use, or for the use of others. 4 Sec. 22. No person shall place or suffer to remain in any park or parkway any goods, wares, merchandise or other articles, in the mature of an obstruction o the free use and enjoyment of park or parkway; nor shall any person place any straw, dirt, chips, paper, shavings, shells, ashes, swill or otker rub- Dbish, whether &ffensive to the health or not, in or wpon the same. Sec. 23. No entertainment or exhibition shall be given 3n any park or parkway excepting the entertain- mments given under the direction and aythority of the Board. _ Sec. 24. All employees of the Board, whether employed as \ 5 THE policemen or otherwise, shall pay over all fees received under the provisions of this ordinance or by virtue thereof, to the City Treasurer. £ 3 Sec. 25, | No person shall use or Have a flash light or dark lagtern in any park or parkway. Sec. 26. No person shall remove or change any bench or seat from its placeyin any park or parkway, other than those provided for picnic tables. Sec. 217. No person shall stand or sit upon any guard fence or railing bounding any park or parkway. k Se No person shall enter a toilet room set apart for the opposite sex. 29 Sec. 29. No person ghall spit upon the floor or furnishings of any boat, canoe or building, or upon any walk of any park or parkway. . Sec. 30. . The-driver or person in control of any vehicle in - slowing or stopping shall signal those in the rear by raising whip or hand vertically. No vehicle shall be turned unless a signal shall previously be given by raising whip or hand indicating the direc- tion in which the turn is to be made. No person in control of a vehicle shall back same without ample warning having been given, and while back- ing care must be exercised not to injure those in. the rear. No vehicle drawn by ah animal shall be driven at night in any park or parkway, unless there be a light displayed thereon in such manner as to show distinctly to the front and rear. Sec 31. Except as is hereinafter provided no person shall ride or drive upon any part or portion of any park at a rate of speed exceeding five miles an ;hour, nor upon any parkway at a rate of speed exceeding seven miles an hour. Sec. 32. No vehicle in use for any purpose except carry- ing passengers, shall be allowed in any park or parkway; provided that for purposes of access to premises having no other access from streets or alleys, such vehicles may use the parkway to the nearest intersecting street or alley. Sec. 33. No vehicle shall be left standing in the park or parkways at night without light or lights so dis- played as to be visible from every direction. Sec. 34. No person shall be or remain in, nor leave any vehicle in any park or parkway between the hour of midnight or daylight of the following morning, excepting those who, without delay, are traveling upon the established walks and carriage ways of the parkways. Sec. 35. Bicycle: No person shall ride any velocipede, _blcycle or other similar vehicle on any foot walk in any park; nor shall any person ride any such vehicie on any park or parkway at a greater speed than ten miles an hour; provided, invalid’s chairs and children’s carriages may be allowed on such foot walks to such an extent and in such a man- ner as shall not interfere with the use of such walks by pedestrians; and provided, further, the Board may by resolution designate any portion of any park or parkway as a “Bicycle Path”: and whenever such path is designated it shall be kept for and used exclusively by persons riding bicycles, and no person shall take or drive an animal on such bicycle path nor go in any carriage drawn by * any animal thereon, nor shall pedestrians use such -’ path. All persons riding or driving in parks or park- ways,-and all riders of bicycles and other similar vehicles, shall keep and pass to the right when meeting any other person riding or driving in such park or parkway, and shall keep to the left when passing in the rear. No person shall ride in any park or parkway any bicycle or other similar ve- hicle without a bell or horn attached to the front of such vehicle, for giving alarm to avoid accidents. Sec. 36. d Ty The wérd “Automobile” as used in this ordinance shall include automobiles, motor vehicles, motor- cycles and every vehicle propelled by its own power and machinery, and no person shall operate any such vehicle or automobile in any park or parkway of the City of Bemidji, except upon the carriage drives. ) s . ) Every such automobile when used or operated on the parks or parkways shall, during the period from one hour after sunset to one hour ibefore sun- rise, display at least two lighted lamps visible from the front and one visible from the rear. The white rays of such rear lamp shall shine upon the number plate carried on the rear of such vehicle. The light of the front lamps shall be visible at least two hundred feet in the direction-in wnich the motor vehicle is prcceeding. No person shall leave the engine running while the automobile is unat- tended. & Sec. 38. 5 No automobile shall be run or operated in any park or parkway at a rate of speed faster than fif- teen miles per hour, nor over any crossing or cross walk at a rate of speed faster than five miles per hour, when there is any person or persons on any part of the crossing or cross walk. Sec. 39. Every automobile using gasoline as a motive power shall be provided with a muffler, and the same shall not at any tYme be cut or disconnected. Every automobile shall be provided with a bell or horn which shall be rung or blown by the operator whenever there is danger of collision or accident. The driver or operator of every automobile shall be governed by the law of the road, and shall turn to the right in meeting vehicles, teams and persons moving in the opposite direction, and to the left in passing vehicles, teams or persons moving in the same direction. Every person operatinf an auto- mobile shall stop upon request or signal from any person in charge of a horse or horses; and shall alo stop whenever a horse or horses show signs of fright at the automobile. Sec. 40. No person shall go on foot, or otherwise upon, or cut across and pass over or upon the grass or turf of any of the boulevards on each side of the streets comprised within the Park District of the City of Bemidji. Sec. 41. No person shall make any excavation in the sur- face of any park or parkway, for the purpose of making sewer, water or gas connections, nor for . any other lawful purpose except in accordance with and upon compliance with the following regula- tions: Sec. 42. Any person desiring to make any opening or excavation in the surface of any park or parkway, for the purpose of making sewer, water or gas connections’ or for any other” lawful purpose, shall first apply to the Secretary of the Board for a permit; and in the application shall agree to com- ply with and perform all the conditions in the per- mit, and at the time of the application shall de- posit in the City Treasury the sum of not less than twenty-five dollars, as security for the per- formance of such conditions, and to reimburse the Board for the expense of the work to be done by it, as hereinafter provided Sec. 43. The Secretary, upon receiving such application and the City Treasurer’s receipt for such deposit, shall issue a permit for the making of such open- ing and excavation, if the purpose thereof is law- ful, in which permit it shall be specified and pro- vided that the earth shall be replaced in the ex- cavation, and made as firm and solid by tamping as before it was removed, and that the macadam, pav- ing or other surface shall be replaced in like man- ner and made as firm and as in good condition as before it was removed. Such permit shall also pro- vide that the entire work to be done by the appli- cant, shall be completed within a specified number of days from the date thereof, the time so to be limited shall be a reasonable time, considering the BEMIDJI DAILY PIONEER K £ } i i } { } b ! | i ! o —y e extent and character of the work, and’the extent and character of the use of the park or parkway and the interruption of travel, but in no case less than 7 days nor more than 15 days. Such permit shall be countersigned by flée Superintendent of Parks. Sec. 44. The Superintendent of Parks shall observe and inspect the work dome during its grogress and at its completion and report to the Secretary if the work is done in all respects in cornpliance with the permit. If the terms of the permit are not fully complied with, the Superintendent of Parks shall refill the excavation and replace the macadam, pav- ing or other surface in the manner provided in the permit and report the Sceost t?eraot to the Secrgtary. c. 45. 5 The applicant shall cause guards to be placed and ept about such opening from the time it is com- menced until it is refilled, and the surface entirely restored, and shall cause red lights to be kept burn- ing from sundown until sunrise during every night from the date of the commencement of such cpen- ing, until the surface is completely restored. and such lights shall be sufficient in number and so placed as to fully guard and protect all portions of such excavations as well as portions of the earth and materials which may be piled adjacent, from persons running into same. . Sec, 46. 2 Said application and permit shall be in the fol-~ lowing/form: - . APPLICATION. To the Board of Park Commissioners of the City of Bemidji: Gentlemen: The- undersigned applies for permis- sion to make an opening and ‘excavation iu the sur- fac¢ of the park or parkway at. for the purpose of. Said excavation and such work shall be comploted .days after date. es to comply with and per- form all the conditions of such permit, and all the conditions and provisions of an ordinance nf the Board of Park Commissioners of the City of Bemidji, Minnesota, entitled “An Ordinance Regu- lating the Use of the Parks and Parkwuays of the City of Bemidji and Use of the Lakes and Waters therein, and to secure the Quiet, Ofderly and Suit. able Use and Enjoyment of such Parks, Parkways, Lakes and Watérways, by the People, and prescrib- i{lglg‘enalties for its Violation.” Adopted. The applicant has deposited.........covvvvuns Dollars with the -City Treasurer for the purpose of reimbursing the Board¢ of Park Commissioners for the expense of refilling the excavation and repair- ing macadam, paving or surface in case the under- signed shall fail to comply with‘the permit. Dated, Bemidji, Minnesota, this.................. PERMIT. Permission is hereby granted to S to make an opening and-excavation in the surface of the park or parkway at for the purpose of......... The entire work shall be completed within. ......... sz 088 after date. This permit is granted upon the condition that the said. shall faithfully and fully comply t provisions and require- ments of an ordinance of the Board of Park Com- missioners of the City of Bemidji, Minnesota, en- titled: “An Ordinance Regulating the Use of the Parks and Parkways of the City of Bemidji and Use of the Lakes and Waters therein, and to secure the Quiet, Orderly and Suitable Use and Enjoyment of such Parks, Parkways, Lakes and Waterways, by the People, and Prescribing Penalties for its vio- lation.” Adoped b , 1918, and replace thejearth in the excavation and make it as solid and firm by tamping as before its removal and the macadam, paving or other surface shall be replaced in like manner and in as good condition as before its removal. 5 i ’ SR s it has deposited with the City Treasurer the sum of Doilars for the purpose of reimbursing the Board of Park Commissioners for the expense of refilling the entire excavation and replacing the-pavement, macadam, or surface, in case the said sis shall fail to comply with the permit. ay of ""Dated, Bemidji, Minnesota, this.........o....... d THE BOARD OF PARK COMMISSIONERS, @F THE CITY OF BEMIDJI, MINNESOTA. (Corporate Seal.) s Secretary. Sec. 47. No person shall move along, across or upon any parkway any building or other structure. ’ Sec. 48. . : No person shall incumber or obstruct-any park- way or any part thereof, by placing or causing to be placed therein or thereon, any building materials or any article or thing whatsoever. Provided that if any building is under construction so near to the parkway that the construction can not well be car- ried out without dépositing building material tem- porarily in the parkway, an application may be made to the Board of Park Commissioners for leave to defiosit material, stating the circumstances of the case, the pertion of the parkway which it is desired to occupy, the kind .and quantity of material to be placed thereon and the length of time for same to remain there, and thereupon the Board may, unless in their judgment the public intérests may be in- jured, authorize a permit to be issued for so depos- iting materials, and in case a permit is authorized by the Board tine Secretary shall issue such permit, which shall contain_provisions requiring the holder to confine materials to the designated portion of the parkway, to remove the same within the time speci- fied and to replace the turf, shrubbery and other im- provements which may be injured, and leave the same in as good condition as before, to keep such material guarded during the day time against falls and accidents, and to place red lights thereon after sunset to remain until sunrise of each night. g Sec. 49. ’ The person receiving such permit shall endorse thereon an agreement to comply with all the con- ditions of the permit, and to save the Board of Park Commissioners of the City of Bemidji harmless from any loss, damage or liability which may direct- ly or indirectly result therefrom. Sec. 50. Any person’ having the use of any portion of any parkway pursuant to this ordinance, shall cause red lights to be placed in conspicuous places in front of and at each end of the obstruction or excavation from sunset to sunrise each night while such ob- straction or excavation remains. Sec. 61. ! 2 No railway company, railroad efigineer, train conductor or other persor shall cause or allow any locomotive engine; car, cars or train of cars to stop in or remain -on any park or parkway and railroad crossing for a longer period than five minutes at any one.time, unless an accident shall take place at such crossing, in which case a reasonable time shall be allowed to remove the obstruction caused thereby. e ec. 52. The Superintendent of Parks shall, and any em- ployee of the Board may, remove or cause to be re- moved from any park or parkway any obstruction, article or thing therein placed, kept or found con- trary to the provisions of this ordinance, at the ex- pense of the owner, contractor or other person res- ponsible for such obstruction, and said Superinten- dent of Parks is empowered to do every act which the chief of police of the City of Bemidji is em- powered to do by city ordinance under similar cir- cumstances, including the sale or other disposal of articles to be moved. Sec. 53. Any member of the police force, whether ap- pointed by the Board of Park Commissioners or THURSDAY EVENING, JULY 25,1918 otherwise, shall have power to arrest and take be- fore the Municipal Court of the City of Bemidji, or to imprison between sessions of said court, any person ‘or persons who shall be found violating any of the provisions of this ordinance. : Sec. 54. Any person claiming to have a permit from the ‘Board or its officers, shall, on request produce the same for inspection. Sec. b56. . Boats and boating. No person shall be or remain in boats or otherwise upon the lakes and water con- trolled by the Board between the hour one o’clock at night and daylight of following morning. Sec.56. No person shall place, have, or use any motor boat, boat, row boat, canoe, ice boat, or any water conveyance of any kind on any lake controlled by the Board without first applying for and obtaining a permit and numbered license for each boat, and paying the fees fixed from time to time by the Board. < Such fees shall cover the estimated coast of dockage and no boat or canoe shall be kept except at docks furnished by the Board. . 4 Sec. 56. Every license so issued shall be securely and con- spicuously fastened on or near the bow of the boat for which it was obtained. - g Sec. 57. | No person shall keep for rent or hire any sail boat, row boat, ice boat, or other pleasure boat upon any . waters under control of the Board; and the fact that any boat so rented or hired shall be conclusive evi- dence that it was so kept, but this prohibition shall not apply to the lessees of the Board. 3 Sec. 58. ? No person shall keep or suffer to remain for a longer period than two hours any boat on any park- way or grounds controlled by the Board, except at_ the docks and under the regulations established by the Board. g Sec. 59. Every boat shall be subject at all times to inspec- tion by the Superintendent of Parks, and any boat not furnished and equiped as required by law and this ordinance, shall forfeit its license and shall not thereafter be navigated. Sec. 60. . Applicatiens for boat and: canoe Neenses §hall be filed with the Secretary of the Board and shall spe- cifically describe the boat or camee, its equipment, furnishings, name and number, and the boat or canoe shall be subject to inspection before the license is issued. = Every such license shall expire on the first day of November next following its issue, except ice hoat licenses which shall be isstied from November to April. Licenses-shall be issued by the Secretary and a record kept thereof. K Sec. 61. No boat or canoe shall at any time carry passen- gers beyond its safe capacity. ! ) Sec. 62. . No person under eighteen years of age shall be allowed to run or have charge of any motor boat, and-no motor boat shall exceed two miles, per hour while passing through narrow waterways or under bridges. = Sec. 63. No person shall navig: te,'direct or handle any boat in such manner as to annoy, unnecessarily frighten; or endanger the occupants of other boats or canoes. 3 Sec. 64. 2 Every motor boat propelled by an internal com- bustion engine, shall be equiped to divert its ex- baust under water, or otherwise to effectually and completely “muffle” and silence such sounds. o Sec. 65. : Every motor baot, while “under way” or running, shall have on board available for instant use a good and efficient sound-producing gong whistle or horn that_can be clearly heard and understood at a dis- tance of at least three hundred feet. Sec. 66. . Every motor boat, while “under way” between sunset and sunrise, shall-carry and display so as to be visible at least two hundred feet,the following - lights, and no other signal light, to wit; A green light on the starboard side, and a red light on the port side, both of which shall be so fixed and ar- ranged as to be visible from right ahead to two points abaft the beam on their respective sides. These may be individual lamps or combined in one lamp. 5 Sec.67. Every motor boat and sail boat shall be navigated in accordance with the rules and regulations of the Minnesota State Marine Laws, an abridgement of which are hereafter quoted. . Sec. 68. ° Every sail boat while “under way” between sun- set and sunrise, shall carry a white light, which shall be displayed in the fore rigging at a height not less than six feet above the deck. Sec. 69. Row boats and canoes must be kept out of the way of sail boats and due dilligence and caution must be used to avoid collisions with other boats. 4 - Sec. 70. No group of boats of any kind, or boat, shall be permitted to obstruct a fairway or course commonly used by other boats. i Sec. 71. ‘Whenever partical; all boats shall be kept to the right when passing under bridges, or through any narrow waterways. Otherwise they are to be guided by the regular é‘marixz)e riiles of the road.” ec. T2. At least one occtipant of each boat and canoe shall maintain a sitting or otherwisé elevated po- sition, so as to be able to se¢ the approach of other boats, and thus to avoid collisions with them. i Sec. 73. Every boat and canoe shall bear a name or num- ber in letters of characters riot less than two inches high, printed, painted, or fastened in such manner as to be eligible at a %istax';ie of at least fifty feet. 7 ec. 74. N ice boats shall be sailed nearer than one hundred yards from places set apart for other ice sports. Sec. 75 Steering and sailing rules: “A boat is “under way” within the meaning of these rules when it is not at anchor, or made fast to the shore or ground. A boat sailing before the wind, or “running free,” shall keep out of the way of a boat close hauled. Aboat close hauled on the port tack shall keep out of the way of a boat close hauled on the star- board tack. When both. are: runhing; free with the wind on’ different sides, the boat having the wind on the port sidé shall keep out of the way of the other. When both are running free with the wind oti the safife side, the boat; which is to windward shigll keep out of the way of the boat to leeward. . P A boat sailing with the wihd abaft the bearit shall. keep out of the way of a boat sailing with the wind’ forward of the beam.” Sec. 76. 5 “Rules of the Road” for motor boats. All motor boats and mechanically propélied craft shall be kept out of the way of the sail boats, Tow boats, and carioes. ~ In every case where one of two boats must be kept out of the way of the other, the latter shall hold its cotirse and 'speed. When two motor boats are approaching one another bow to bow, or nearly so, each shall direct its course to the right, or starboard side, passing one another “port to port”, and either boat shall sound one stroke of the gong as a signal of such inten- tiog, to which the other boat shall respond with a similar stroke, thus acknowledging the intent and understanding of the direction to be taken. When two motor boats are approaching one an- other too far to the left, or port side of each other, to be considered as meeting bow to bow, either boat Defectiv