§ 110-59. Prohibited conduct.

(a)

No person shall do any of the following in any park:

(1)

Climb or lie upon any tree, shrub, fence, statue, monument or fountain.

(2)

Enter or leave any park except through established entrances or exits and within established time periods.

(3)

Gain or attempt to gain admittance to any park or facility in any park where a charge is made, without paying that charge.

(4)

Use any area for changing clothing, other than an area designated for that purpose.

(5)

Disregard the notices, prohibitions or directions on any park sign.

(6)

Disobey the lawful order of a police officer.

(7)

Place or display any sign or advertisement, except that this rule shall not apply to any signs or advertisements regarding any City sponsored or City authorized program, festival, or other event that occurs in the park. Signs or advertisements regarding City sponsored or City authorized programs, festivals or other events may be placed or displayed only with written permission by the Commissioner and her/his designee, and only at the locations and during the times authorized in writing by the Commissioner and her/his designee.

(8)

Play, practice or otherwise participate in any game, sport or other recreational activity that is destructive to the lawn, plants, walls, road, or other infrastructure of a park, except at or upon places designated for that game, sport or recreational activity. By way of example, these activities shall include but not be limited to wearing sneakers with cleats, playing rugby or volleyball, or skateboarding off of park walls.

(9)

Knowingly, or through reckless behavior, destroy or damage the lawn, plants, walls, road, or other infrastructure of a park, except by written permission from the Commissioner or her/his designee.

(10)

Drive stakes, posts, poles or any other device or dig holes for the purpose of securing stakes, posts, poles or any other device for any reason, including to erect a tent, stage or other structure, except by written permission from the Commissioner or her/his designee.

(11)

Bring in, erect, or permit a minor child in one's custody to bring in and/or erect any inflatable amusements, amusements requiring water, or any amusements requiring an independent power source, except during permitted special events and festivals. This rule shall not apply to city pools and lakes. For purposes of this subsection, inflatable amusements shall not include balls or balloons, and amusements requiring water shall not include water pistols.

(12)

Erect a tent or canopy with a finished dimension greater than ten feet by ten feet, or be in possession of an erected tent or canopy with the same dimensions, without receiving the written permission of the Commissioner, as well as all other applicable permits required by this Code. This rule shall not apply to Camp Allatoona.

(13)

Bring in, carry, possess, or permit a minor child one's custody to bring in, carry or possess, glass containers except for authorized vendors who shall retain and remove from the park all glass containers utilized in their activities. This rule shall not apply to the Chastain Park amphitheater when performances are being given therein.

(14)

Bring in and abandon any animal in a park, including but not limited to cats, ducks, raccoons, opossums, and dogs, without the written permission of the Commissioner or her/his designee.

(15)

Use a playscape or park bench for other than its intended use and/or purpose.

(16)

Dispose of charcoals anywhere inside of a park other than in city-provided receptacles that are clearly marked for charcoal disposal.

(17)

Hang any sign, banner, or any other item from a tree located in the park.

(18)

Lay any of the following items on any permeable surface in a park: plywood, a non-permeable tarp, or any other item used as a ground covering that is made of a material that does not allow water to penetrate to the ground below. Chairs made of non-permeable material, coolers, and other items not utilized as ground covers do not violate this subsection. This subsection shall not apply where the activity is performed at the direction of the parks Commissioner or her/his designee by a city contractor, a city subcontractor, or a city official or employee acting in her/his official capacity, performing the activities as part of her/his official city duties. In addition, the subsection shall not apply to the host of a permitted outdoor festival, as defined in Chapter 142 of this Code of Ordinances, during those times when the permit is in effect, provided that use of the items is associated with elements of the event that are authorized by the festival permit.

(19)

Urinate or defecate in any park regardless of whether the location is in public view, including without limitation in or upon any park building, monument or structure, except in permanent restrooms or portable lavatories open to the public. This rule shall not apply to individuals wearing diapers or who accidentally soil themselves. Soiled diapers must be wrapped tightly so that no waste can escape, and must either be removed from the park or disposed of in a trash can.

(20)

Spit or expectorate in or upon any park building, monument or structure.

(21)

Use any water fountain, drinking fountain, pool, sprinklers, reservoir, lake or any other water contained in a park for the purpose of bathing, or cleaning clothing or other personal belongings, except in park bathrooms and showers.

(22)

Use any athletic field or court for other than its intended purpose, including without limitation: baseball, football and soccer fields; volleyball courts; and tennis courts. Where a sports field is designated for a particular sport, this provision does not prohibit the field's use for a different sport provided that the alternative use is compatible with the type of field and unlikely to cause damage, and provided that no one is using or waiting to use the field to play the sport for which it is intended. This subsection shall not apply to use of athletic fields or courts during a permitted outdoor festival, as defined in Chapter 142 of this Code of Ordinances, where the terms of use are established in the festival permit, and the use is consistent with those terms.

(23)

Enter or attempt to enter to any portion of a park that is closed to the public, unless providing city services as a city employee, contractor or subcontractor acting at the direction of the parks Commissioner or his designee.

(24)

Enter or attempt to enter any portion of a park that is reserved for private use without express permission from the reservation holder. Express permission may be provided in the form of a ticket.

(25)

Enter or attempt to enter any portion of a park or a park facility when a charge is required for admission, without paying the charge or without receiving express permission from the entity requiring the payment.

(26)

"Store personal property" as provided in City Code of Ordinances section 106-12.

(27)

Bring in any collection of livestock, farm animals or docile wild animals to be fed and pet.

(28)

Handle or launch any simple or complex device containing combustibles that liberate gases that on being ignited and/or whose action propels the device through the air, except as authorized by permit. Examples of such prohibited devices include, but are not limited to: bottle rockets, firecrackers, smoke balls, sparklers, roman candles, strobes, and snaps.

(29)

Use metal detectors other than for surface metal detection. The user or party using detectors is prohibited from digging or otherwise damaging park grounds.

(30)

Use of off road vehicles in the public parks, trails and greenspaces to include all terrain vehicles and motorcycles, except motorcycles that remain upon roadways laid out and maintained for vehicular travel as described in section 110-87 and 110-88.

(b)

The Commissioner shall at all times have available in the office of the Commissioner, as a part of the rules and regulations of the department, a description of the designated uses of the various areas of each public park. A copy of these rules and regulations shall also be filed with the municipal clerk.

(c)

No persons shall congregate or gather within 150 yards of any entrance to the Chastain Park amphitheater during the hours of 7:30 p.m. to 1:00 a.m. on nights when performances are being given in the Chastain Park amphitheater, unless each such person shall:

(1)

Hold a valid ticket for the performances being given on such night;

(2)

Be delivering goods or services to the Chastain Park amphitheater or to persons holding valid tickets for such performance;

(3)

Be dropping off or picking up passengers who hold valid tickets for such performance; or

(4)

Be situated on private property of which such person is the lawful occupant, family member of such lawful occupant or the expressly invited guest of such lawful occupant.

(d)

The Andrew Young Monument and Tribute, located in Walton Spring Park, is City-owned public art. The following rules shall apply to Walton Spring Park, and to the large bronze disk portion of the tribute, consisting of the entire disk plus the surrounding granite bench and wall (collectively the "Art Installation"):

(1)

No animals on the Art Installation, except for any guide dog especially trained for the purpose of accompanying a totally or partially blind person or a deaf person, or a service dog especially trained for the purpose of accompanying a physically disabled person, or a dog trained and licensed by and in the possession of the Atlanta Police Department or any other law enforcement agency, or a horse utilized by the city's mounted police patrol.

(2)

No lying down on the Art Installation.

(3)

No sitting anywhere on the Art Installation, except for on the benches.

(4)

No skateboarding or biking on the Art Installation.

(5)

No "Outdoor Events" (as defined in Chapter 142 of this Code of Ordinances) of greater than 20 people in Walton Spring Park.

(6)

All other rules set forth in this section 110-59, and all other City of Atlanta ordinances and applicable laws shall apply to Walton Spring Park.

(e)

The Isamu Noguchi Playscape (the "art installation") located in Piedmont Park is city-owned public art. The art installation consists of the following: 1) The entire area located inside of and including the granite curve; 2) All installations located inside the granite curve, including the play dome, swing set, climbing cubes, jungle gym, spiral slide, triple slide, site play wall, see saw, and sand pit; and 3) the log seating and pavilion located outside of the granite curve and the property immediately surrounding them. The following rules shall apply to the art installation:

(1)

No animals on the art installation, except for any guide dog especially trained for the purpose of accompanying a totally or partially blind person or a deaf person, or a service dog especially training for the purpose of accompanying a physically disabled person, or a dog trained and licensed by and in the possession of the Atlanta Police Department or any other law enforcement agency, or a horse utilized by the city's mounted police patrol.

(2)

No lying down on the art installation

(3)

No skateboarding or biking on the art installation

(4)

No "outdoor events" (as defined in Chapter 142 of the City of Atlanta Code of Ordinances) of greater than 20 people within the art installation.

(5)

All other rules set forth in this section 110-59, and all other City of Atlanta ordinances and applicable laws shall apply to the art installation.

(f)

Skate parks. For the purposes of this section, shall be defined as the hard surfaced area designed for the active pursuit of the intended activity - access pathways, or adjacent observation areas are not included.

(1)

No bicycles in the skate park.

(2)

No lying down in the skate park.

(3)

No eating in the skate park.

(4)

No glass containers permitted in the skate park.

(g)

Tents. In addition to meeting the requirements of subsections 110-59(a)(10) and (a)(12) above and any other requirements established by the City Code of Ordinances and other applicable law, any tent or canopy erected in a park must meet the following criteria:

(1)

The structure may have no more than two opaque sides. The non-opaque sides must remain visually unobstructed. Said sides may be made of netting or mesh, provided that said netting or mesh does not materially impede visibility into the structure from the outside. Tents with more than two opaque sides are acceptable provided that: a) the opaque sides (other than two) can be opened such that at least two-thirds of each side becomes non-opaque; and b) the opaque sides (other than two) are opened to the greatest extent possible and fastened in a manner that does not materially impede visibility into the structure from the outside. Tents located at the Outdoor Activity Center or Camp Allatoona shall be exempt from this regulation, and may be permitted to have all opaque sides.

(2)

The structure may not have a floor, unless erected at the Outdoor Activity Center or Camp Allatoona.

(3)

Tents must have a distance between them of no less than 12 feet.

(4)

The following items may not be located inside of any tent or canopy absent all required permits and licenses, including without limitation a permit from the Atlanta Fire Rescue Department:

(A)

Generators, heaters and/or stoves powered by gasoline, kerosene, propane, or other flammable substance;

(B)

Flammable gases, liquids or accelerants of any kind, including but not limited to, gasoline, propane, and kerosene;

(C)

A flame/flames from any source, whether open or enclosed, including but not limited to, candles, lanterns, and torches.

(h)

Application to use by the city. The provisions of this section 110-59 shall not apply when the city uses livestock, farm animals or docile wild animals on property owned or leased by the city.

(i)

Smoking prohibited in parks. It shall be unlawful for any person to smoke in outdoor parks and recreational facilities located within the City of Atlanta, including, but not limited to, the parks, athletic fields, aquatic areas, golf courses, tennis courses, hiking/walking/biking trails, playgrounds, off-leash areas, and spectator and concession areas.

(j)

The requirements of this chapter shall not apply to any of the following city-owned properties, so long as the properties remain the subject of a lease with a private party: The Chastain Amphitheater; The Lakewood Amphitheater; the Park Tavern Restaurant located in Piedmont Park and designated smoking areas at golf club amenities.

(k)

The requirements of this section shall not restrict the right of any private lessee to enact a smoking prohibition policy on any portion of the leased properties.

(Code 1977, § 10-2003; Ord. No. 2003-112, § 4, 12-9-03; Ord. No. 2006-66, § 3, 9-26-06; Ord. No. 2008-75(08-O-1574), § 2, 9-23-08; Ord. No. 2009-65(09-O-1731), § 1, 11-6-09; Ord. No. 2010-46(10-O-1272), § 1, 8-24-10; Ord. No. 2012-12(12-O-0359), §§ 1, 2, 3-28-12; Ord. No. 2012-27(12-O-0635), § 1, 6-27-12; Ord. No. 2012-35(12-O-0966), § 2, 7-25-12; Ord. No. 2013-45(13-O-1247), § 1, 9-25-13 ; Ord. No. 2016-41(16-O-1572) , § 1, 11-16-16)

Editor's note

Ord. No. 2006-66, § 14, provided for an effective date of Jan. 1, 2007.