The Parks and Recreation Commission (PRC) met last week at the Parks Department to learn about the proposed signage upgrades for the 10-mile loop. After the presentation, they discussed proposed changes to ordinance 94 in the city code. The proposals are all recommended actions for council to approve for ordinance changes. 

The meeting started with Gabrielle Grinde from Hoisington Koegler Group Incorporated (HKGi) presenting phase one of the sign replacement and rebranding that will focus on the 10-mile loop. The loop is a trail that is used by both residents and out of town visitors and it draws people to businesses in town. To visitors, the loop is lacking in proper signage, making it confusing. HKGi has been contracted to correct that. They have researched the loop several times and created a wonderful plan of action to rectify the shortcomings of the limited signs as well as update the look of the signage to mimic the branding used downtown. Phase one is looking to take place in 2024. 

The bulk of the meeting was around Ordinance 94 in the city code, which pertains to parks in city limits.  

94.02 sets the curfew set for the parks. Every park in Hastings has a 6 a.m. availability time until the 10 p.m. curfew, except Veterans Park which is 11 p.m. Some changes needed to be made to curfew for Jaycee Park where the Mississippi boat launch is. The boat launch is required by the state to be available from 4 a.m. to midnight. The Hastings City Council did previously approve that the Roadside Tennis Courts can be lit until 11 p.m. during tennis season, but that never made it into an ordinance. PRC recommended accepting these changes into the ordinance. 

The ordinance also pertains to glass beverage containers in parks. A question was presented to the PRC regarding glass cookware for things like a family potluck, which led to questions about things like glass pickle jars which happen to be in use at concessions stands. The commission recommended leaving the ordinance as is covering glass beverage containers. 

94.05 Sub. 2. is related to motorized vehicles in parks and on trails. The discussion started around e-bikes which led to a reference to state statute 169.011 Sub. 27. To be classified as a electric-assisted bicycle, the e-bike must have: 

• 2 or 3 wheels 
• A saddle and fully operable pedals for human propulsion 

• Equipped with an electric motor that has a power output of not more than 750 watts; and 
• Meets the requirements of a class 1, class 2, or class 3 electric-assisted bicycle: 

• "Class 1 electric-assisted bicycle" means an electric-assisted bicycle equipped with an electric motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. 
• "Class 2 electric-assisted bicycle" means an electric-assisted bicycle equipped with an electric motor that is capable of propelling the bicycle without the rider pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. 
• "Class 3 electric-assisted bicycle" means an electric-assisted bicycle equipped with an electric motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. 

• Note that the law does not permit anyone under the age of 15 years to operate any electric-assist bike. 
• A motorized bicycle that does not meet the definition of an electric-assist bicycle is not allowed on state trails where motorized vehicles are prohibited. 

Because the typical e-bike is registered as a Class 2 electric-assisted-bicycle, the commission agreed that 20 mph is what the speed limit should be on trails for unassisted and electric-assisted bikes and scooters. 

Keep in mind, the paths are designed for foot or bicycle traffic only. There are some authorized users that are allowed to drive on the paths such as Police/Fire/EMS, city staff and select volunteer groups delivering or picking up supplies or performing work on facilities. These folks have permission to drive on the paths as well as drive on the grounds. Unauthorized motor vehicles could be ticketed for driving in parks on anything but streets and parking lots. 

94.05 Sub. 3 is related to the consumption of alcohol in any city park, it reads:  

3. It is unlawful for any person to consume or be in possession of intoxicating liquor in any City Park at any time.  It is unlawful for any person to consume or be in possession of intoxicating malt liquor, wine or 3.2% malt liquor, wine or 3.2% malt liquor in any City Park between the hours of 10 p.m. and 8 a.m.; the following provisions also apply:

1.Veterans Athletic Complex where possession or consumption of intoxicating liquor is prohibited at all times, however; wine or intoxicating malt liquor shall be permitted between the hours of 8:00 a.m. and 11:00 p.m. Such hours may be extended if conducted in conjunction with an on-sale wine or 3.2 malt liquor license issued for a town ball game, pursuant to City Code Section 111.04B.  

2. Special Events in any City park; sales, possession or consumption of intoxicating liquor is prohibited at all times, however; wine or intoxicating malt liquor shall be permitted between 8:00 a.m. and 11:00 p.m. when such sales, possession and consumption are in conjunction with the issuance of a temporary on-sale wine and beer liquor license issued to a qualified entity as part of a community wide festival; such sale, possession and consumption is in a confined area approved by the City Council; and in compliance with all other conditions the council reasonably deems necessary to protect the public health, safety and welfare.  

Commissioners discussed this at length and suggested cleaning up the verbiage to be clearer and they also recommended the complete removal of any reference to 3.2% malt liquor. Minnesota is the last state in the union to have laws that involve 3.2 malt liquor.  

For clarification purposes, 3.2 is the alcohol by volume (ABV) in a can of malt liquor which is 3.2 percent. Normal malt liquor like Coors Light or Miller Light all have an ABV of 4.2. Cans of Truly seltzers are around 5 ABV. 

Removal of the 3.2 ABV requirement simply makes sense, especially when you look around at the events held in Levee Park. At pretty much any music event at the Pavilion you can look around and see people enjoying their favorite beer or seltzer while they enjoy the music at the pavilion. Every spectator drinking a beer at one of the free music in the parks is currently breaking the outdated law. Go to a baseball game at Veterans Park, anyone drinking beer there is also breaking the outdated law. This is especially true for both Rivertown Days in July and Rivertown Live in September, which is why 94.05 Sub. 3.2 was added. 

94.05 Sub. 8 allowing unleashed cats or dogs on city property including sports fields and that their waste must be cleaned up. Commission agreed with Director Jenkins that it needs to be reworded to be clearer. Define the length of the leash required. 

94.05 Sub. 12 is related to large gatherings needing a permit to use a park. The issue is, what is the definition of a large gathering. PRC suggested defining that. 

94.05 Sub. 13 prohibits the possession of a bow and arrow in parks. The problem is, bow fishing in the area is allowed on certain waters. To access those waters, the person fishing would be parked at Jaycee Park or Lake Isabel Park and they would be in violation according to city ordinance. The ordinance needs to be corrected. 

94.05 Sub. 14 again mentions 3.2 malt liquor at Veterans Park. This is a duplicate covered by a previous ordinance and should be removed. 

94.05 Sub. 15 Set up any tent, temporary shelter, camp trailer, concession wagon or horse trailer without written permission from the Director of Parks and Recreation. What about the plethora of pop-up canopies you see at sports events? Those are currently illegal under this ordinance and that needs to be fixed. The ordinance is trying to say no camping in city parks, commission recommended fixing that. 

94.06 is for special regulations at Lake Rebecca and the Park. 

Sub. 2 talks about unleased animals at the beach which is no longer a beach. 

Sub. 3 talks about glass beverage containers which was already addressed above 

Sub. 4 was for feeding waterfowl, being prohibited. This should be at every park. 

Commission agreed with cleaning up 94.06 completely. 

The commission also recommended that a policy enacted in 2009 by the city council be turned into an actual enforceable ordinance. The policy was to make all city parks a tobacco free zone. But it was only ever a policy and not enforceable because it was not a law. The recommendation was to utilize the addition of cannabis regulations to make the whole thing an ordinance. The recommendation was to make parks tobacco and cannabis free both in smoking, smokeless and vaping form.  

Before the meeting concluded, it was brought to the attention of the commission to look into code 111.04 Sub. 2. Again, along the 3.2 malt beverage thought process. The current ordinance says that a 3.2 malt beverage license is available for concessions based upon the relatively new law at the state level allowing the sale of beer at baseball games that are part of the Minnesota Baseball Association (MBA). The MBA is the governing body of the Hastings Hawks and they have been trying to be able to see beer at their games for decades. Changes to these city ordinances could bring beer sales to Hawks games as early as the 2024 season.