§ 39-1. Rules and regulations; enforcement; administrative citations; restitution.  


Latest version.
  • (a)

    Under section 2.4.4 of the City Charter, the manager of the department of parks and recreation ("manager") has the power and authority to adopt rules and regulations for the management, operation and control of parks, parkways, mountain parks and other recreational facilities, and for the use and occupancy, management, control, operation, care, repairing and maintenance of all structures and facilities thereon, and all land on which the same are located and operated. Article I of Chapter 39 of the Revised Municipal Code sets forth, in accordance with the City Charter, the authority to enforce the rules and regulations adopted by the manager. By way of example, but not by way of limitation, such rules and regulations may provide for the following:

    (1)

    Preservation of property, vegetation, wildlife, signs, markers, buildings or other structures and any object of scientific or historic value or interest;

    (2)

    Restricting or limiting the use of any area as to time, manner or permitted activities;

    (3)

    Prohibition of conduct which may be reasonably expected to substantially interfere with the use and enjoyment of park and recreation areas by the general public or to be of general nuisance;

    (4)

    Necessary sanitary, health and safety measures;

    (5)

    Camping and picnicking, including place, time and manner where such shall be permitted;

    (6)

    The use of motor vehicles and boats as to place, time and manner of operation;

    (7)

    Control and limitation of fires and designation of places where fires shall be permitted;

    (8)

    Requirements essential for the preservation and management of the park and recreation system.

    (b)

    It shall be unlawful for any person to violate any such rules and regulations adopted and published in accordance with section 39-2 ("adopted rules") or to violate requirements or restrictions on any official sign or other public notice as specified in adopted rules ("public notice"). Any person violating any adopted rule or public notice shall be subject to the penalties provided by section 1-13 (general penalty) of the Revised Municipal Code. Enforcement of any other rule or regulation adopted by the manager shall be by the exercise of police powers held by the manager under the City Charter or as otherwise provided by law.

    (c)

    In addition to, but not to the exclusion of, the prosecution through the courts of violations of adopted rules or public notices, the manager is authorized to provide, by the means set forth in adopted rules:

    (1)

    For the use of administrative citations in accordance with article XII of chapter 2 of the Revised Municipal Code for enforcement of violations of adopted rules; and

    (2)

    For the recovery of costs incurred or to be incurred by the department of parks and recreation or other city department and restitution for damages, either of which costs or damages are caused by or resulting from a violation of any adopted rule.

    (d)

    Enforcement against violations of adopted rules or public notices under sections 39-3 through 39-24, DRMC, shall be in accordance with, and subject to:

    (1)

    Any exceptions, specifications, conditions or additional restrictions specified in the adopted rules;

    (2)

    Any definitions of terms or phrases as provided in adopted rules;

    (3)

    Any applicable federal or state law;

    (4)

    Any permits issued by the department of parks and recreation;

    (5)

    Any terms, conditions, rights and obligations set forth in any concession license, lease, cooperative agreement, user agreement, or other lawful contract entered between the City and County of Denver and a third party regarding the use of parks, parkway medians, mountain parks and other recreational facilities; and

    (6)

    Any exceptions authorized by the manager.

(Ord. No. 446-12, § 1, 9-10-12; Ord. No. 728-15, § 1, 11-9-15)

Cross reference

Rules and regulations generally, § 2-91 et seq.