This ordinance is enacted pursuant to the authority granted the Town to promote the health, safety, welfare, and convenience contained in 24 VSA §2291 and Section 203 of the Town of Stowe Charter. This ordinance shall be a civil ordinance within the meaning of 24 V.S.A. Chapter 59.

a.                   It is the purpose of this ordinance to regulate the use of Memorial Park in order to protect the public health, safety and general welfare.

b.                   Visitors use  Memorial Park at their own risk. The town is not responsible for theft, personal injury, property damage or other loss. Such losses, however, should be reported to the town.

c.                   The term “Memorial Park” as used herein shall mean property owned or controlled by the Town of Stowe, located in the former village at the end of Park Street, including, but not limited to a playground, an ice arena, a basketball court, tennis courts, ball fields, parking areas, and associated structures, facilities and open space.

a. The following conduct shall be prohibited within the Park, except as part of a Town sponsored recreation program or as specifically allowed under a permit issued pursuant to Section IV:

1. The possession of glass containers, including bottles;
2. The operation or parking of motorized vehicles outside of designated roadways and parking areas, other than for emergency, enforcement or maintenance purposes;
3. In line skating or skateboarding on the tennis/basketball courts;
4. Overnight camping;
5. The discharge of firearms of any description, air rifles, gas weapons, slingshots, bows and arrows, firecrackers, and explosives is prohibited in Memorial Park1.       The first violation shall be punishable by a fine of one hundred dollars ($100.00).   The waiver penalty, for the purposes of the municipal complaint (civil ticket), for the first violation shall be fifty dollars ($50.00).

    

   2.       The second violation within a six (6) month period after the first violation shall be punishable by a fine of one hundred fifty dollars ($150.00).    The waiver penalty, for the purposes of the municipal complaint (civil ticket), for the second violation shall be seventy-five dollars ($75.00).

   3.       The third and subsequent violations within a six (6) month period after the first violation shall be punishable by a fine of two hundred fifty dollars ($200.00). The waiver penalty, for the purposes of the municipal complaint (civil ticket), for the third and subsequent violations shall be one hundred dollars ($100.00).

   4.       Each day the violation continues shall constitute a separate violation.

   c.         Depending on the severity of the violation or the number of incidents the individual has received, the Police may issue a notice of restriction or trespass as a municipal agent. The Police may rescind such notice on their own discretion or as directed by the Town Manager.

   d.         All law enforcement officers are authorized to issue a municipal complaint for a violation of this ordinance.

   e.         The Town Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law.

    
   Section VII. Severability: 
    
   1. In the event any portion of this Ordinance is found to be invalid or void by a court of competent jurisdiction, the remaining provisions shall continue to be in full force and effect.
   2. This Ordinance may be rescinded by a Town Meeting vote in accordance with the provisions of section 204 (d) of the Charter of the Town of Stowe.
    

   Adopted at Stowe, Vermont this 25th day of August, 2008, and to be effective upon adoption.

    

                                                                                       Stowe SELECTBOARD