9.3.10.010 Park rules and regulations

It is unlawful for any person to violate any of the following rules and regulations while within any City park:

1. Parks are closed to vehicles and people from dusk to daylight.
2. Motorized vehicles may not be operated in excess of 10 mph and only upon designated road.
3. Parking in front of or within a designated entry or driveway which hinders the use of the park property is prohibited.
4. Destruction, defacement or dismantling of any park equipment; park furnishings; trees, flowers or other planting and facilities on park property is prohibited.
5. Active games around designated flower/shrub beds or young trees is prohibited.
   1. Practicing or play golf is prohibited except at designated golf courses.
   2. Snowmobiling on or within park land is prohibited (See also 10.66.020).
6. Organized athletic activities or group functions are allowed upon written permission from the Park and Recreation Director.
7. Littering or dumping debris on or within park land is prohibited.
8. No erection, construction or maintenance shall be made above or below ground, across or beneath park land without written permission from the Park and Recreation Director.
9. Selling, advertising or solicitation of products/services within park land is prohibited unless written permission is received from the Park and Recreation Director.
10. Metal detectors are authorized only through permit issued by the Park and Recreation Director.
11. All pets must be on a leash and shall be restricted to areas such as sidewalks, roads, trails, or such designated pet walking areas. (See also 6.08.909 and 6.08.120).
12. Large animals such as horses, cows, and mules, which may damage the turf, are prohibited except in designated riding areas.
13. Discharging, possession of or selling of fireworks is prohibited in all dedicated park areas, including golf courses.
14. Use of park land other than its intended use must be approved in writing by the Park and Recreation Director.
15. Except as provided in 9.20.030, public drinking and public display and exhibition of beer, wine or liquor are prohibited. (See also 9.20.020 and 9.20.030). (Ord. 2647 (part), 1994).

9.3.10.020 Skate park rules and regulations

It is unlawful for any person to violate any of the following rules and regulations while at the skate park:

1. All participants must wear appropriate safety gear: CSA approved helmets and footwear are mandatory. Helmets must fit properly with straps fastened. Pads, gloves and guards are strongly recommended.
2. Enter at your own risk. Be alert, flying objects are not uncommon.
3. Use of the facility is only allowed during park hours – (daylight to dusk). After hours use or use when closed will result in a trespass citation.
4. This is a skate park, not a bike park. Bicycles, scooters, motorized vehicles are not allowed. Only Skateboards and rollerblades are allowed. Violations will result in trespass citations and possible seizure of equipment.
5. Do not skate if the surface is wet or icy. Extremely dangerous.
6. Know your abilities and skate within them. Exercise common sense and courtesy to others.
7. No spectators inside the sating area. Watch from outside the skating area for your safety.
8. Alcohol, tobacco products and drugs are prohibited.
9. No obstacles, other material, glass, food or drink is allowed in the skate park.
10. Trash containers must be used to keep the park clean and safe.
11. The City of Great Falls reserves the right to revoke the use of the skate park for those individuals that do not obey the rules. In addition, all city ordinances and park rules will be enforced. (Ord. 2878, 2004).

9.3.13.010 Definitions

The following definitions apply in this chapter:

"Harmful to minors" means that quality of any description, exhibition, presentation or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when the material or performance, taken as a whole, has the following characteristics:

1. The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors; and
2. The average adult person applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and
3. The material or performance lacks serious literary, scientific, artistic, or political value for minors.

"Knowingly" means having general knowledge of:

1. The character and content of any material or performance which is reasonably susceptible of examination by the defendant; and
2. The age of the minor; however, an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.

"Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, record, recording tape, or video tape.

"Minor" means any unmarried person under the age of eighteen years.

"Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering; the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernible turgid state.

"Performance" means any motion picture film, video tape, played record, phonograph or tape, preview, trailer, play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration.

"Person" means any individual, partnership, association, corporation, or other legal entity of any kind.

"Prurient" means a lustful, lascivious, erotic, shameful, or morbid interest in sexual conduct, sexually explicit nudity, sadomasochistic sexual abuse, or lewd exhibition of the genitals.  Materials or performances may be deemed to appeal to the prurient interest when they are pandered, designed, marketed, prompted, or disseminated to cater or appeal to such an interest.  Where the material or performance is designed for and primarily disseminated or promoted to a clearly defined, deviant sexual group, rather than the public at large, the prurient - appeal requirement is satisfied if the dominant theme of the material or performance, taken as a whole, appeals to the prurient interest in sex of the members to that intended and probable recipient group.

"Sadomasochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

"Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such
person be a female, breast.

"Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

“A reasonable bona fide attempt" means an attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor.  (Ord. 2558 (part), 1990).

9.3.13.020 Offenses

No person having custody, control or supervision of any commercial establishment shall knowingly:

1. Display material which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view such material provided; however, a person shall be deemed not to have "displayed" material harmful to minors if the material is kept behind the counter or is otherwise located so that it is not accessible nor more than the title portion of the material is visible to minors;
2. Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor, with or without consideration, any material which is harmful to minors; or
3. Present to a minor or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor. (Ord. 2558 (part), 1990).

9.3.13.030 Defenses

It shall be an affirmative defense to any prosecution under this chapter that the material or performance involved was displayed, presented or disseminated to a minor at a recognized and established school, church, museum, licensed medical clinic, hospital, public library, governmental agency, quasi-governmental agency and person acting in their capacity as employees or agents of such persons or organizations, and which institution displays, presents or disseminates such material or performance for a bona fide governmental, educational or scientific purpose. (Ord. 2558 (part), 1990).

9.3.13.040 Penalties

Any person who shall be convicted of violating any provision of this chapter is guilty of a misdemeanor and shall be fined a sum not less than five hundred dollars or more than one thousand dollars or imprisoned in the county jail for a term not to exceed six months or both. Each day that any violation of this section occurs or continues shall constitute a separate offense and shall be punishable as a separate violation. Every act, thing, or transaction prohibited by this section shall constitute a separate offense as to each item, issue or title involved and shall be punishable as such. For the purpose of this section, multiple copies of the same identical title, monthly issue, volume and number issue or other such identical material shall constitute a single offense. (Ord. 2558 (part), 1990).

9.3.13.050 Severability

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions thereof. The City Commission declares that it would have passed this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional. (Ord. 2558 (part), 1990).