PUBLIC USE OF PARKS AND RECREATIONAL FACILITIES

Charleston, W. Va., City Code ch. 82, art. IV

in effect

Charleston, W. Va., City Code § 82-121 Entering playgrounds and swimming pools after hours.

Sec. 82-121. - Entering playgrounds and swimming pools after hours. It shall be unlawful for any person other than an official, employee or authorized agent of the city or of the board of education of the county to enter, for any purpose whatsoever, upon any playground, swimming pool or other recreational facility operated by the city, at any time other than during the hours established by the parks and recreation commission for their use by the public. (Code 1975, § 28-16)

Charleston, W. Va., City Code § 82-122 Hours of public access to city parks; penalties.

Sec. 82-122. - Hours of public access to city parks; penalties. (a) No person shall remain, loiter, idle, stroll, wander or play in or upon the public grounds of any city park during the hours the park is closed. (b) From Memorial Day to Labor Day, all city parks will be closed between the hours of 11:00 p.m. and 6:00 a.m. of the following day except as otherwise authorized, in writing, by either the director of parks and recreation or the chief of police. From Labor Day to Memorial Day, all city parks will be closed between the hours of 9:00 p.m. and 6:00 a.m. of the following day except as otherwise authorized, in writing, by either the director of parks and recreation or the chief of police. (c) In addition to those hours of closure designated in subsection (b) of this section, the director of parks and recreation or the chief of police shall have the authority to temporarily close for a period not to exceed ten successive days any city park during any other hours as he may designate whenever, in his judgment and discretion, conditions exist which render the use of a city park dangerous to public use. (d) The police department, director of parks and recreation and any of their agents shall have the authority to order any person acting in violation of this section to leave the park or recreation area. (e) Any person violating any provision of this section shall be subject to the general penalties set forth in section 1-8. (f) The law enforcement officer has the discretion to either issue a citation or make an arrest. (Ord. No. 4979, § 19-8.3, 7-19-1993)

Charleston, W. Va., City Code § 82-123 Ruffner Memorial Park.

Sec. 82-123. - Ruffner Memorial Park. (a) Establishment. By deed dated February 12, 1831, Daniel Ruffner conveyed to the city a certain parcel of land located on what now is called Kanawha Boulevard, which is commonly known as "Ruffner Memorial Park." A description of the property can be found in the office of the clerk of the county court in deed book H, at page 3. (b) Misconduct. In order to protect and preserve the property, peace, order, tranquility and the historical significance of Ruffner Memorial Park, it shall be unlawful for any person to drink beer or alcoholic beverages, to litter or dispose of any trash or other material other than in the proper trash containers located inside Ruffner Memorial Park, play games or sports or ride bicycles or other vehicles on the grass portion of Ruffner Memorial Park, to lounge or sit on any of the monuments or to make loud noises that disturb the peace and tranquility of the area in or surrounding Ruffner Memorial Park. (c) Hours. In order to protect and preserve the property, safety, peace, order and tranquility of the Ruffner Memorial Park and the adjacent residential area, the park shall be closed to the public between the hours of 11:00 p.m. and 6:00 a.m. (Code 1975, § 19-8.2)

Charleston, W. Va., City Code § 82-124 Waiver of swimming pool fees at certain facilities.

Sec. 82-124. - Waiver of swimming pool fees at certain facilities. Notwithstanding the rental and fee schedule provided by section 82-125, the mayor, city manager, and the director of the department of parks and recreation may, from time to time, and when weather conditions warrant, and under circumstances which would not substantially affect the revenues of a city swimming pool facility, declare a day or some portion of a day to be a free swim day and waive the collection of the fees prescribed by section 82-125. (Ord. No. 5000, 8-2-1993)

Charleston, W. Va., City Code § 82-125 Schedule of fees.

Sec. 82-125. - Schedule of fees. Rental and fee schedule for the use of recreation facilities and equipment [is as follows]: (1) For use private use, exclusive of the general public, of the North Charleston Community Center, Martin Luther King Jr., Community Center, Kanawha City Community Center, Roosevelt Neighborhood Center: Gymnasium per hour .....$25.00 Meeting room, per hour .....$20.00 (2) Cato Park Golf Course: ..... Daily nine holes .....$9.00 Additional nine holes .....$4.00 Unlimited play .....$12.00 Daily senior citizens unlimited .....$6.00 Schools, practice or matches .....$6.00 (3) For use exclusive use of tennis courts, the Director of Parks and Recreation, or his designee, is authorized to reserve tennis courts for organized play, and in such cases to impose fees not to exceed the allocable costs of operation and maintenance of the courts as may be determined on a case by case basis. In all other instances, use of the courts shall be made available to the general public on a first come first served basis without the imposition of fees. (4) Haddad Riverfront Park: ..... Private rental of entire park, per hour* .....$100.00 (2 hr. minimum to maximum charge of $800.00 for entire day. Rental time includes set-up and tear-down if renter requires exclusion of general public during this time) Damage deposit for private rental .....$250.00 (refundable if no damage occurs. However, deposit is forfeited if rental is canceled less than 20 days prior to rental date) (5) Magic Island Park: ..... Private rental of entire park, per hour* .....$100.00 (2 hr. minimum to maximum charge of $800.00 for entire day. Rental time includes set-up and tear-down if renter requires exclusion of general public during this time) Damage deposit for private rental .....250.00 (refundable if no damage occurs. However, deposit is forfeited if rental is canceled less than 20 days prior to rental date) Reservation of volleyball courts, per court .....$10.00 *Fee includes normal, daily park maintenance. Should special set-up, clean-up, or other efforts be necessary, the rate will be $20.00 per hour per employee. These fees will be negotiated as part of the reservation process, and will be fully disclosed to renters prior to completing rental agreement. Such arrangements pertain to all rental of each park, except for the purposes of commercial concert entertainment. In such cases, rental agreements shall be negotiated by the parks and recreation director, with such contract presented for city council approval prior to confirmation. (6) Portable Stage: The portable stage measuring 24' x 20' may be rented at a rate of $500 per day. For purposes of this section, events produced or originated by the City of Charleston are specifically exempted from payment of rental fees, damage deposits, or other charges listed in this amendment. (Code 1975, § 19-8.1; Ord. No. 6008, 6-6-1994; Bill No. 6785, § 19.8.1(a)—(j), 4-16-2001; Bill No. 6262, § 19-8.1, 10-6-2003; Bill No. 7616, 8-18-2014)

Charleston, W. Va., City Code § 82-126 Danner Meadow Park.

Sec. 82-126. - Danner Meadow Park. (a) Establishment. By deed dated December 30, 1981, Vecellio & Grogan, Inc., conveyed to the city certain parcels or tracts of land located in South Annex District of Kanawha County within the City of Charleston, which is commonly known as "Danner Meadow Park" for use as park and recreational facilities. A description of the property can be found in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 1993, at page 158. (b) Rules of conduct. In order to protect and preserve that character of the residential neighborhoods that surround Danner Meadow Park while allowing organized athletic groups to use the said park area, the following rules of conduct shall apply to the said park area: (1) The utilization of Danner Meadow Park by organized athletic groups shall be subject to the supervision of the staff of the City of Charleston Parks and Recreation Department in order to ensure proper, safe and adequate access by emergency vehicles to the residents along the access road to Danner Meadow Park, as well as to Danner Meadow Park, and to ensure residents along the said access road proper, safe and adequate access to their homes. (2) The use of Danner Meadow Park by organized athletic groups shall (i) be limited to youth groups, ages twelve and under; (ii) in the case of practices, be limited to teams belonging to a league or association primarily serving the Charleston area; (iii) in the case of games, be limited to games where, at a minimum, the home team belongs to a league or association primarily serving the Charleston area, and (iv) be limited to an area not to exceed 360 feet by 210 feet establishing at the north end of the interior portion of the existing jogging track, such area to be designated in the City of Charleston Parks and Recreation Department. (3) Organized athletic groups shall schedule use of Danner Meadow Park through the staff of the City of Charleston Parks and Recreation Department. Scheduling of the use of park shall be conducted in such a way as to ensure compliance with all applicable and binding city safety codes, regulations, policies and requirements. (4) The use of Danner Meadow Park by organized athletic groups shall be prohibited on Sundays. (5) The use of Danner Meadow Park by any organized athletic group shall not obstruct or interfere in any way with the use by the general public of the jogging track, exercise course or playground area. (6) Organized athletic groups shall not charge any fees in connection with the use of Danner Meadow Park. (7) The use of Danner Meadow Park by organized athletic groups shall be limited to eighteen weeks during the period March 15 through October 31 inclusive, between the hours of 5:00 p.m. and 7:30 p.m. on Monday through Friday, and between the hours of 9:00 a.m. and 5:30 p.m. on Saturday. (8) No more than a total of two teams shall be scheduled at one time for practice or games. (Bill No. 6883, § 1(b)(19-8.3), 3-4-2002)

Charleston, W. Va., City Code § 82-127 Elk River Park.

Sec. 82-127. - Elk River Park. (1) Findings of fact. It is hereby found, determined and declared as findings of fact by the council of the City of Charleston, West Virginia, that there is presently a shortage of parks and recreation facilities in the City of Charleston; that due to the recent federal interstate construction along Elk River, it is in the best interest of the city and its citizens to preserve the esthetic and ecological integrity and character of the area adjacent to the federal interstate highway and Elk River; that the establishment of parks and recreational facilities along rivers within a municipality is an economic asset to the city and surrounding community; that in order to promote the health, safety, and welfare of the city, its residents and citizens, it is hereby declared that it is in the best interests of the City of Charleston to establish a city park along Elk River between Pennsylvania Avenue and Elk River on property presently owned, leased or hereinafter acquired or leased by the City of Charleston. (2) Establishment of park. Pursuant to the provisions of W. Va. Code, Ch. 8, and the Charter of the City of Charleston, West Virginia, there is hereby established by the council of the City of Charleston a park hereinafter known as the "Elk River Park", which park is to consist of all property currently owned, leased or hereinafter acquired or leased by the city, which is located in the area bounded and described as follows: All streets, alleys, easements, right-of-way, lots or parcels of land bounded by the Kanawha Boulevard, Pennsylvania Avenue, Washington Street, West, and Elk River. (Bill No. 7166, § 2, 1-17-2006)

Charleston, W. Va., City Code § 82-128 Race courses.

Sec. 82-128. - Race courses. (a) In order to safely and efficiently accommodate the increasing number of requests for organized recreational runs and walks within the City of Charleston, the City may designate and sanction race courses for runs or walks of any length over and upon City rights-of-way. The City Manager shall appoint an Events Coordinator who, upon advice and consultation with the City Manager and any other applicable committees or personnel, shall promulgate, publish, (October 1 each year) and administer rules and regulations governing the designation and sanctioning of such race courses. These rules and regulations shall set forth the process and criteria for making application to hold a race and may, without limitation, identify pre-established courses and associated fees, regulate starting times, and limit or qualify requested routes based upon the anticipated number of participants, consideration of the impact on neighborhoods or other interests, and the amount and availability of City resources deemed necessary to accommodate a requested route. (b) The Events Coordinator may sanction and provide for the exclusive use of a race course over City rights-of-way upon receipt of an applicant's payment of fees in an amount not less than the anticipated costs or expenditures of City resources to accommodate the event as determined by the Events Coordinator; Provided, that said fees shall be reduced by fifty percent (50%) for any non-profit applicant that agrees to identify and, unless requested by the City otherwise, subsequently portrays and presents the City of Charleston as a co-sponsor of the event. (c) For the purposes of this section, events produced or originated by the City of Charleston are specifically exempted from any payment of fees. (Bill No. 7616, 8-18-2018)

Charleston, W. Va., City Code § 82-129 Fee adjustments.

Sec. 82-129. - Fee adjustments. The fee adjustments under ordinance 7616, Section 82-125 and the fees established pursuant to 82-128 shall be effective on or after January 1, 2015. (Bill No. 7616, 8-18-2018)

Source: City of Charleston, West Virginia, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wv/charleston/codes/code_of_ordinances?nodeId=PTIICOOR_CH82PARE_ARTIVPUUSPAREFAFetched: 11/7/2026