Park and Trail sign rules amended by city council

Connie Edmonston/Atison .tumperq 

Submitted By 

City of Fayetteville Staff Review Form 

City Council Agenda ltems 

and 

Contracts, Leases or Agreements 

6t15t2010 

City Council Meet¡ng Date 

Agenda ltems Only 

Park Planning Parks and Recreation 

Division Department 

Action 

Cost of this request Category / Project Budget Program Category / Project Name 

Account Number Funds Used to Date Program / Project Category Name 

Project Number 

Budseted ltem 

fl 

Remaining Balance Fund Name 

Budget Adjustment Attached l-1 

10-3601-Amend the Fayetteville Code of Ordlnances Chapter 96: Parks and Recreation, Section 9rc88 

Prohibited to permit donor recognition s¡gns to be locatd in parks and trails. 

Date 

íll^ A,ø,o.- 

0ate 

-PJ o. . ul^^- 5.2,8.2ô¡o 

Date 

Previous Ordinance or Resolution # 

Original Contract Date: 

Original Contract Number: 

Received in City 

Clerk's Office lL'i* / 

Finance and lnternal Services Director 

Received in 

Mayor's Office 

Revised January 15,2009 

C. 5 

Amend Chapter 97 

Parks and Recreation 

Page 1 of 6

THE CITY OF FAYETTEVILLE, ARKANSAS 

DEPARTMENT CORRESPONDENCE 

CITY COUNCIL AGENDA MEMO 

To: Mayor Lioneld Jordan and City Council 

Thru: Don Marr, Chief of Staff 

^ L 

Connie Edmonston, Director of Parks and Recreatio"þ'?' 

From: Alison Jumper, Park Planning Superintendent a¡ 

Date: May27,2010 

Subject: Code of Ordinances Amendment for Chapter 96: Parks and Recreation 

Bß9PO,SAII: 

As the City of Fayetteville grows, the need for diverse recreational opportunities grows. Seeking partnerships 

and donations from private orgarizations and businesses can enhance the City's ability to provide parks and 

recreation services for park improvement projects. Private partnerships with businesses and individuals offering 

services and products consistent with the Parks and Recreation mission have the potential to reduce the City's 

investment in capital projects. Park staff has recently recognized the need for an avenue allowing donor 

recognition signs on park and trail property. Donor recognition is vital to successfully soliciting and securing 

funding for projects. The use of corporate names and logos are often used in recognizing contributions; 

however, these types of signs are not currently permissible by city ordinance. 

Chapter 97 of the Unified Development Code (S97.088(B)) allows for signs on softball/baseball fences and 

scoreboards at locations and in sizes designated by the Parks and Recreation Director. Park staff proposes 

amending Chapter 97 to allow for donor recognition signs on park and trail property, thereby improving the 

ability to successfully secure funding from private sources. 

BF,ÇgMIvr4NPAIroN: 

Parks Staff recommends approving and ordinance amending the Fayetteville Code of Ordinances Chapter 96: 

Parks and Recreation, Section 970.88 Signs Prohibited to permit donor recognition signs to be located in parks 

and trails. 

p.u'.QFH[lMptcT: 

This ordinance amendment would not impact the budget negatively. If approved, the potential for securing 

donations may increase, thereby positively impacting the budget. 

C. 5 

Amend Chapter 97 

Parks and Recreation 

Page 2 of 6

ffiAYKKKKVähLffi 

THE CITY OF FAYETTEVILLE, ARKANSAS 

KIT \ryILLIAMS, CITY ATTORNEY 

DAVID \ryHITAKER, ASST. CITY ATTORNEY 

DEPARTM E NTAL CORRES PON DENCE LÐG.AT- ÐEPA,R.T'MÐNT 

TO: Lioneld Jordan, Mayor 

City Council 

4 

/'' )¡' 

FROM: Kit Williams, City Attomey L=fu 

DATE: May 28,2010 

RE: Authorizing Donor signs for city parks 

Chief of Staff Don Marr, Development Services Director Jeremy Pate and I 

reviewed and revised the Parks and Recreation Department's proposed amendment 

to the Parks and Recreation Chapter of the Fayetteville Code which would, for the 

flrrst time, authorize donor signs to be displayed in City parks. We tried to strike a 

balance between recognizing (and altracting future major) donors while 

maintaining aesthetics and the noncommercial nature of all City parks. 

Any facility to be named for a donor, volunteer or public servant would first 

have to be recommended by the Parks and Recreation Advisory Board and then 

approved by City Council resolution. 

C. 5 

Amend Chapter 97 

Parks and Recreation 

Page 3 of 6

ORDINANCE NO. 

AN ORDINANCE TO AMEND CHAPTER 97 PARKS AND 

RECREATION OF THE CODE OF FAYETTEVILLE TO 

PERMIT AND REGULATE SIGNS RECOGNIZING DONOR 

CONTRIBUTIONS 

IVHEREAS, fairly small, aesthetically pleasing signs to recognize significant donors to 

our parks can help to generate needed funds to facilitate park improvements. 

NOW, THEREF'ORE BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF' FAYETTEVILLE, ARKANSAS: 

Section l: That the City Council of the City of Fayetteville, Arkansas hereby repeals 

$97.088 (B) of the Code of Fayetteville in its entirety and enacts a replacement $97.088 (B) 

Exceptions to clarifu athletic field signage restrictions and to authorize and regulate donor 

recognition signs as shown below: 

"(B) Exceptions. 

(l) Athletic Field Signage. Signs shall be permitted on softball/baseball 

outfreld fences and scoreboards at locations and in sizes designated by the 

Parks and Recreation Director. Uniform fees shall be charged dependent 

upon placement and size of the permitted signs. The content of the sign 

and whether it is commercial or non-commercial may not be considered. 

Designated spaces shall be sold at the established price on a first come 

basis. The owner of a sign at a designated location shall have first right to 

renew before others can purchase the sizellocation for a new or 

replacement sign. 

(2) Donor Recognition Signs. Signs located in City parks or on City 

trails that are used for the purpose of memorializing a person or family 

through naming, recognition of significant donors, or recognition of 

contributions to the facility or amenity on which the sign is installed shall 

meet the following conditions: 

C. 5 

Amend Chapter 97 

Parks and Recreation 

Page 4 of 6

(a) Maximum Size and Number. A total of two (2) donor 

recognition signs, for any one donor memorialized, ate allowed at 

remote locations of the same park facility. Trail signage shall not 

exceed four (4) square feet per sign. Park signage shall not exceed 

sixteen (16) square feet per sign. 

(b) Design Parameters. The size and location of the sign(s) 

shall be approved by the Planning Division based on the following 

criteria: 

(Ð Signage may include the name and/or logo of the 

sponsor, donor or contributor to the facilþ or amenity. 

(iÐ Signage may not include corporate slogans, colors 

or advertising associated with a particular company, 

or ganization or corporation. 

(iii) The Parks and Recreation Department shall provide 

sign design and construction standards for each park 

facility that is to utilize donor recognition. The standards 

shall ensure that donor recognition signage is consistent in 

size and style throughout the facility. 

(iv) All signage shall be of high quality and constructed 

of durable materials such as masoffy, bronze or wood. 

(c) Facility Naming. The naming of facilities is permitted so 

long as the donor or honoree has made a significant contribution 

to the City, the Facility or the Parks and Recreation Department in 

terms of financial donations, voluntarism or dedicated public 

service. Final naming of a facility shall be recommended by the 

Parks and Recreation Advisory Board with final approval by the 

City Council." 

PASSED and APPROVED this 15ft day ofJune, 2010. 

APPROVED: ATTEST: 

By, 

LIONELD JORDAN, Mayor 

By' 

SONDRA E. SMITH, City Clerk/Treasurer 

C. 5 

Amend Chapter 97 

Parks and Recreation 

Page 5 of 6

Z,¿ (LþeúT LÞû 

FAYETTEVILLE CODE OF ORDINANCES 

TITLE IX GENERAL REGULATIONS 

l-Cqe 1965, " 17A-24, iZA-26; Ord. No. lse4, 4-1€B; 

Code 1991, 997.082) 

Cross rof6ronce(sl-penalty,'97.999. Sala 

and 

use offireworks, ' 94.04(8). 

97.083 Soliciting Alms 

No peisqn in a þark shall sol¡c¡t alms or 

contrÍbutions for any purpose, whether public 

or 

PriYate. 

(Code 1965, '174-25; Ord. No. 

tS94, 4-1€g: Code 

1991, S97.083) 

Cross roforoncq(sl.i penalty, , 97.999. 

97.08¡l Entering Closed Areas 

N-o per'son in a park shall enter an ârea posted 

as 

"Clo€ed to the Public,', nor shall 

any per"on u.", 

or ab'et the use of, ány ãrea in v¡olatiòñ 

of posted 

nþtioes. 

199qe 19Þ9, ,1z$,z7i Ord. No. 15s4, 4-1$o; code 

199.1, 

597.084) 

CfgsS roterenc.lsl.. Penalty,' 97.999. 

97.0E5 Going Onto lce 

No person in a park shall go onto the 

ice on any 

of thé waters ejcepl súch areas as a¡ä 

des¡gnated as skaiing fields, and provided 

a 

safety s¡gnâl is displayed. 

(Code 1965, '174-28: Ord. 

No. 1594, 4_l€B; Code 

1991, S97.085) 

Cross refer6ncsfsl.- penalty, , 97.999. 

97.086 Vending And Feddling 

No person in a park shall exposé 

oroffer for sale 

any arlicle or th¡ng, nor shall he station 

or plece 

any stand, cart, or veh¡cle. for the'transportåtion; 

sale or iJisplay of any suqh artiele or thing. 

Exception is here made as to añy 

regularl-y 

l¡censed concessionqii.e actinþ by and 

undãr (hã 

authority and regulat¡on of the c¡tla and 

nonprof¡t 

groups on an annual basis. 

!99de 1965, irTA-2g: Oro. No. 1594, 4-168; Code 

1991, 597.086) 

Cross referoncs(s1.. penalty, ' 97.999. 

97,087 Adver.tig,ing proh ibited 

N?.person in a park shall announce, 

.advertise, or 

call the. public attent¡on in any way to any 

article 

or sefvice for sale or hire 

(Code 1965, ''t7A-30; Ord. 

No. 1594, 4-1€B; Code 

i991, S97.oB7) 

Cross rsfer€nêe(sl.- pena¡ty, , 92.999. 

97.088 Signs Prohibited 

(A) N o person in a park shall paste, 

glue, tack, 

(B) Signs shall be permitted on softball/basebâll 

fences.and scòreboards at localions and ¡n 

sizeê designated by the parks and 

Recreation Director. Uniform fees shall be 

charged depenàent upon placement and 

size of the perm¡tted signs. The content of 

the sign and whether ¡t is commercial or non- 

commerc¡al may not be considered. 

Des¡gnated spaces shall be sold at the 

established price on a first come basis. 

Owher of a sign at a des¡gneted location 

replacement s¡gn. 

shall have first right to renew before others 

V 

can purchase lhe size/location for a new or Y 

þLL"À 

or olheMise post any sign, placards, 

advertisement, orinscript¡on whatsoever, nor 

shall any person erecl or cause to be 

erected any sign whatsoever on any publ¡c 

lands or highways or ¡oads adjacent to a 

park, excepl as set forth hereinbelow. S t,¿hf 

("1 

þ**l'c4 

a*Å 

Do *" s'îtns 

(Coqe 19q5, '1ZA-31; Ord. No. 3€77, 

'2,3_2-93; Code 

r991, s97.088) 

Cross reference(sl-. penalg, i 97.999. 

97.089-97.998 Reserved 

97.999 Penalty 

(A) Whoever v¡olates any provision of this 

chaptêr for which no specific penalty is 

otheM¡se provided shall be tined not more 

lhan 9500.00 or double that sum for each 

repet¡tion. of such offense, or v¡olation; 

provided, no penalty shall be greater 

orless 

than thè penalty ptôv¡ded for the same or e 

similâr offense under the laws of the slate. lf 

the violation of the'thepter is, in its nature, 

cont¡nuous in resþeêt to time, the penalty 

for 

allgwing lhe continuation thereof shall not 

exceed $250,00 for each day the same is 

unlawfuliy cont¡nued. 

(B) Ahy þerson v¡otating any provision 

of 

'97.070 shall be guilty of a misdemeanor 

and sháll be punis¡ed by a fine of not more 

than $500.00: 

, (Ópãe'1965, " 1-5,13-'t2:Ord. No. 2tzB, 7-15-7.s: On.. 

No. ?274, 9-7-76; Ord. No. 2903, 3-1-83: 

Ord. No. 

3164- 1-21-86; Ord. No. 3203, B-S€ô: Code 

1991, 

s97.9e9) 

¡r,q 

CD97:9 

C. 5 

Amend Chapter 97 

Parks and Recreation 

Page 6 of 6

Connie Edmonston/Atison .tumperq
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda ltems
and
Contracts, Leases or Agreements
6t15t2010
City Council Meet¡ng Date
Agenda ltems Only
Park Planning Parks and Recreation
Division Department
Action
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number
Budseted ltem
fl
Remaining Balance Fund Name
Budget Adjustment Attached l-1
10-3601-Amend the Fayetteville Code of Ordlnances Chapter 96: Parks and Recreation, Section 9rc88
Prohibited to permit donor recognition s¡gns to be locatd in parks and trails.
Date
íll^ A,ø,o.-
0ate
-PJ o. . ul^^- 5.2,8.2ô¡o
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office lL'i* /
Finance and lnternal Services Director
Received in
Mayor's Office
Revised January 15,2009
C. 5
Amend Chapter 97
Parks and Recreation
Page 1 of 6
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan and City Council
Thru: Don Marr, Chief of Staff
^ L
Connie Edmonston, Director of Parks and Recreatio"þ'?'
From: Alison Jumper, Park Planning Superintendent a¡
Date: May27,2010
Subject: Code of Ordinances Amendment for Chapter 96: Parks and Recreation
Bß9PO,SAII:
As the City of Fayetteville grows, the need for diverse recreational opportunities grows. Seeking partnerships
and donations from private orgarizations and businesses can enhance the City's ability to provide parks and
recreation services for park improvement projects. Private partnerships with businesses and individuals offering
services and products consistent with the Parks and Recreation mission have the potential to reduce the City's
investment in capital projects. Park staff has recently recognized the need for an avenue allowing donor
recognition signs on park and trail property. Donor recognition is vital to successfully soliciting and securing
funding for projects. The use of corporate names and logos are often used in recognizing contributions;
however, these types of signs are not currently permissible by city ordinance.
Chapter 97 of the Unified Development Code (S97.088(B)) allows for signs on softball/baseball fences and
scoreboards at locations and in sizes designated by the Parks and Recreation Director. Park staff proposes
amending Chapter 97 to allow for donor recognition signs on park and trail property, thereby improving the
ability to successfully secure funding from private sources.
BF,ÇgMIvr4NPAIroN:
Parks Staff recommends approving and ordinance amending the Fayetteville Code of Ordinances Chapter 96:
Parks and Recreation, Section 970.88 Signs Prohibited to permit donor recognition signs to be located in parks
and trails.
p.u'.QFH[lMptcT:
This ordinance amendment would not impact the budget negatively. If approved, the potential for securing
donations may increase, thereby positively impacting the budget.
C. 5
Amend Chapter 97
Parks and Recreation
Page 2 of 6
ffiAYKKKKVähLffi
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT \ryILLIAMS, CITY ATTORNEY
DAVID \ryHITAKER, ASST. CITY ATTORNEY
DEPARTM E NTAL CORRES PON DENCE LÐG.AT- ÐEPA,R.T'MÐNT
TO: Lioneld Jordan, Mayor
City Council
4
/'' )¡'
FROM: Kit Williams, City Attomey L=fu
DATE: May 28,2010
RE: Authorizing Donor signs for city parks
Chief of Staff Don Marr, Development Services Director Jeremy Pate and I
reviewed and revised the Parks and Recreation Department's proposed amendment
to the Parks and Recreation Chapter of the Fayetteville Code which would, for the
flrrst time, authorize donor signs to be displayed in City parks. We tried to strike a
balance between recognizing (and altracting future major) donors while
maintaining aesthetics and the noncommercial nature of all City parks.
Any facility to be named for a donor, volunteer or public servant would first
have to be recommended by the Parks and Recreation Advisory Board and then
approved by City Council resolution.
C. 5
Amend Chapter 97
Parks and Recreation
Page 3 of 6
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 97 PARKS AND
RECREATION OF THE CODE OF FAYETTEVILLE TO
PERMIT AND REGULATE SIGNS RECOGNIZING DONOR
CONTRIBUTIONS
IVHEREAS, fairly small, aesthetically pleasing signs to recognize significant donors to
our parks can help to generate needed funds to facilitate park improvements.
NOW, THEREF'ORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF' FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby repeals
$97.088 (B) of the Code of Fayetteville in its entirety and enacts a replacement $97.088 (B)
Exceptions to clarifu athletic field signage restrictions and to authorize and regulate donor
recognition signs as shown below:
"(B) Exceptions.
(l) Athletic Field Signage. Signs shall be permitted on softball/baseball
outfreld fences and scoreboards at locations and in sizes designated by the
Parks and Recreation Director. Uniform fees shall be charged dependent
upon placement and size of the permitted signs. The content of the sign
and whether it is commercial or non-commercial may not be considered.
Designated spaces shall be sold at the established price on a first come
basis. The owner of a sign at a designated location shall have first right to
renew before others can purchase the sizellocation for a new or
replacement sign.
(2) Donor Recognition Signs. Signs located in City parks or on City
trails that are used for the purpose of memorializing a person or family
through naming, recognition of significant donors, or recognition of
contributions to the facility or amenity on which the sign is installed shall
meet the following conditions:
C. 5
Amend Chapter 97
Parks and Recreation
Page 4 of 6
(a) Maximum Size and Number. A total of two (2) donor
recognition signs, for any one donor memorialized, ate allowed at
remote locations of the same park facility. Trail signage shall not
exceed four (4) square feet per sign. Park signage shall not exceed
sixteen (16) square feet per sign.
(b) Design Parameters. The size and location of the sign(s)
shall be approved by the Planning Division based on the following
criteria:
(Ð Signage may include the name and/or logo of the
sponsor, donor or contributor to the facilþ or amenity.
(iÐ Signage may not include corporate slogans, colors
or advertising associated with a particular company,
or ganization or corporation.
(iii) The Parks and Recreation Department shall provide
sign design and construction standards for each park
facility that is to utilize donor recognition. The standards
shall ensure that donor recognition signage is consistent in
size and style throughout the facility.
(iv) All signage shall be of high quality and constructed
of durable materials such as masoffy, bronze or wood.
(c) Facility Naming. The naming of facilities is permitted so
long as the donor or honoree has made a significant contribution
to the City, the Facility or the Parks and Recreation Department in
terms of financial donations, voluntarism or dedicated public
service. Final naming of a facility shall be recommended by the
Parks and Recreation Advisory Board with final approval by the
City Council."
PASSED and APPROVED this 15ft day ofJune, 2010.
APPROVED: ATTEST:
By,
LIONELD JORDAN, Mayor
By'
SONDRA E. SMITH, City Clerk/Treasurer
C. 5
Amend Chapter 97
Parks and Recreation
Page 5 of 6
Z,¿ (LþeúT LÞû
FAYETTEVILLE CODE OF ORDINANCES
TITLE IX GENERAL REGULATIONS
l-Cqe 1965, " 17A-24, iZA-26; Ord. No. lse4, 4-1€B;
Code 1991, 997.082)
Cross rof6ronce(sl-penalty,'97.999. Sala
and
use offireworks, ' 94.04(8).
97.083 Soliciting Alms
No peisqn in a þark shall sol¡c¡t alms or
contrÍbutions for any purpose, whether public
or
PriYate.
(Code 1965, '174-25; Ord. No.
tS94, 4-1€g: Code
1991, S97.083)
Cross roforoncq(sl.i penalty, , 97.999.
97.08¡l Entering Closed Areas
N-o per'son in a park shall enter an ârea posted
as
"Clo€ed to the Public,', nor shall
any per"on u.",
or ab'et the use of, ány ãrea in v¡olatiòñ
of posted
nþtioes.
199qe 19Þ9, ,1z$,z7i Ord. No. 15s4, 4-1$o; code
199.1,
597.084)
CfgsS roterenc.lsl.. Penalty,' 97.999.
97.0E5 Going Onto lce
No person in a park shall go onto the
ice on any
of thé waters ejcepl súch areas as a¡ä
des¡gnated as skaiing fields, and provided
a
safety s¡gnâl is displayed.
(Code 1965, '174-28: Ord.
No. 1594, 4_l€B; Code
1991, S97.085)
Cross refer6ncsfsl.- penalty, , 97.999.
97.086 Vending And Feddling
No person in a park shall exposé
oroffer for sale
any arlicle or th¡ng, nor shall he station
or plece
any stand, cart, or veh¡cle. for the'transportåtion;
sale or iJisplay of any suqh artiele or thing.
Exception is here made as to añy
regularl-y
l¡censed concessionqii.e actinþ by and
undãr (hã
authority and regulat¡on of the c¡tla and
nonprof¡t
groups on an annual basis.
!99de 1965, irTA-2g: Oro. No. 1594, 4-168; Code
1991, 597.086)
Cross referoncs(s1.. penalty, ' 97.999.
97,087 Adver.tig,ing proh ibited
N?.person in a park shall announce,
.advertise, or
call the. public attent¡on in any way to any
article
or sefvice for sale or hire
(Code 1965, ''t7A-30; Ord.
No. 1594, 4-1€B; Code
i991, S97.oB7)
Cross rsfer€nêe(sl.- pena¡ty, , 92.999.
97.088 Signs Prohibited
(A) N o person in a park shall paste,
glue, tack,
(B) Signs shall be permitted on softball/basebâll
fences.and scòreboards at localions and ¡n
sizeê designated by the parks and
Recreation Director. Uniform fees shall be
charged depenàent upon placement and
size of the perm¡tted signs. The content of
the sign and whether ¡t is commercial or non-
commerc¡al may not be considered.
Des¡gnated spaces shall be sold at the
established price on a first come basis.
Owher of a sign at a des¡gneted location
replacement s¡gn.
shall have first right to renew before others
V
can purchase lhe size/location for a new or Y
þLL"À
or olheMise post any sign, placards,
advertisement, orinscript¡on whatsoever, nor
shall any person erecl or cause to be
erected any sign whatsoever on any publ¡c
lands or highways or ¡oads adjacent to a
park, excepl as set forth hereinbelow. S t,¿hf
("1
þ**l'c4
a*Å
Do *" s'îtns
(Coqe 19q5, '1ZA-31; Ord. No. 3€77,
'2,3_2-93; Code
r991, s97.088)
Cross reference(sl-. penalg, i 97.999.
97.089-97.998 Reserved
97.999 Penalty
(A) Whoever v¡olates any provision of this
chaptêr for which no specific penalty is
otheM¡se provided shall be tined not more
lhan 9500.00 or double that sum for each
repet¡tion. of such offense, or v¡olation;
provided, no penalty shall be greater
orless
than thè penalty ptôv¡ded for the same or e
similâr offense under the laws of the slate. lf
the violation of the'thepter is, in its nature,
cont¡nuous in resþeêt to time, the penalty
for
allgwing lhe continuation thereof shall not
exceed $250,00 for each day the same is
unlawfuliy cont¡nued.
(B) Ahy þerson v¡otating any provision
of
'97.070 shall be guilty of a misdemeanor
and sháll be punis¡ed by a fine of not more
than $500.00:
, (Ópãe'1965, " 1-5,13-'t2:Ord. No. 2tzB, 7-15-7.s: On..
No. ?274, 9-7-76; Ord. No. 2903, 3-1-83:
Ord. No.
3164- 1-21-86; Ord. No. 3203, B-S€ô: Code
1991,
s97.9e9)
¡r,q
CD97:9
C. 5
Amend Chapter 97
Parks and Recreation
Page 6 of 6