HomeMy WebLinkAboutO-1838ORDINANCE NO. 1838
AN ORDINANCE TO PROVIDE FOR RULES AND REGULATIONS
FOR THE FLYING CREEK NATURE PRESERVE PARK
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, AS FOLLOWS:
SECTION I. The Code of Ordinances, City of Fairhope, Alabama, Chapter 15 Parks and
Recreation is hereb y amended to reflect the following changes and additions :
ARTICLE IV. RUL ES AND REGULATIONS FOR THE FLYING CREEK NATURE
PRESERVE PARK.
SECTION 15-103. APPLICABILITY
Thi s Ordinance shall apply in the Flying Creek Nature Preserve Park in the City of Fairhope. As
used in thi s Ordinance , the tenn "person" includes natural person , firms , and corporations.
Violators may be removed from the Flying Creek Nature Preserve Park.
SECTION 15-104 . RULES AND REGULATIONS.
The following safety rules shall be observed by all visi tors to the Flying Creek Nature Pre serve
Park:
(a) Bikes mu st be ridden in de signated areas.
(b) Do g must be on short leash to maintain control over dog 's actions .
(c) The owner or person having custody of animals within the park shall be responsible for
remo val of any animal solid was te (see Chapter 5).
(d) No glass containers or alcoholic beverages allowed in the Park.
(e) No smoking allowed in the Park.
(f) No paint, paint pens , or markers allowed in the Park.
(g) The Park will be clo sed from du sk to dawn.
(h) The City of Fairhope accepts no liability for lo ss or damage of any person or do g while
visitin g the Park.
SECTION 15-105. FLYING CREEK NATURE PRESERVE, OPERATION OF
VEHICLE S.
(a) Definition s. For purpo ses of thi s sec tion , the following terms shall b e defined as follows :
Lands affec ted : Recreational lands of the city , lying west of Greeno Road and north of Main
Street, known as Flying Creek Nature Preserve.
Wh ee led vehicle : Any device designed , intended and u sed for the purpose of tran sporting one (1)
or more persons over land, whether or not such vehicle is motorized; includes all rider-propelled
de vices.
Motor ve hicle: Any wheeled vehicle which is powered b y a hydrocarbon or electric powered
engine and which is designed , intended and u sed for the transport of person s or goods over land ;
include s passenger vehicles , trucks, mopeds, and motorcycle s, which are licen sed for operation
on public streets .
R ec reational vehicle: Any device propelled by a hydrocarbon or electric powered engine for
recreational use, which term shall include all go-karts , three-wheelers, four-wheelers , dirt bikes
and similar type devices, whether or not licen sed for public street u se.
Rider-prop elled ve hicle: Any device propelled b y the action of the rider; includes roller skates,
skateboards of whatever type or de sign , and similar type devices.
Ordinance No. 183 8
Page -2-
(b) Prohibited vehicle s. Durin g the hours the park is clo sed, and use of all vehicles, except
bic yc le s, is prohibited within or upon the park land s. Use of recreational vehicles and
rider-propelled vehicles, except bicycle s, is prohibited at all time s, whether or not the
park is open. Pro vided , howe ver , that city owned vehicles or tho se of city contractors
shall be permitted access nec essary for ordinary maintenance and operation of the park
facilities.
( c) Res tricted operation . During the hours the park is open, the operation of motor vehicle s
upon the access roads and parking areas is permitted subject to the city's traffic control.
( d) Penalties for vio lation s. Any perso n operating any wheeled vehicle upon the park land s
in violation of any pro visio n herein shall be subject to arrest for violation of this sec tion
and, upon conviction of a first offense , shall be subject to a fine of not less than two
hundred dollars ($200 .00), or a j ail se ntence of not le ss than ten (10) days, or both at the
di scre tion of the municipal court. Second or subsequent convictions shall carry a fin e of
not less than two hundred dollars ($200.00), nor more than five hundred do)lars
($500.00), and a j ail se ntence of not le ss than thirty (30) days nor more than six (6)
month s.
Where the vio lator is a juvenile as defined b y the Code of Alabama, 1975 , the parent(s),
guardi an , or person havin g law ful charge or custody of the juvenile shall be subj ect to the fines
and sentences pro vi ded hereinab ove.
(e) Exception . The pro vision s of thi s sec tion shall not apply to vehicl es of perso ns with
ph ys ical di sabilities.
SECTION II. SEVERABILITY
The sec tion s, paragraph s, sentences, clauses and phrases of this ordinance are severable , and if
any phrase, clau se, se nte nce , paragraph or sec tion of thi s ordinance shall b e declared
uncon stitutional b y a court of competent jurisdi c tion , then such rulin g shall not affect an y other
paragraphs and sec tion s, since the same wo uld have been enacted by the municipality council
without the incorporation of an y such unconstitutional phrase, clau se, sentence , paragraph or
section .
SECTION III. EFFECTIVE DATE
This ordinance shall take effect immediately upon its due adoption and public atio n as required b y
law.
ADOPT ED THIS 8TH DAY OF SEPTEMBER, 2025
ATTEST:
L~~/
City Cler
ADOPTED THIS 8TH DA