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N <br />ti <br />r <br />STREETS, PARKS AND OTHER PUBLIC PROPERTY § 3.08.210 <br />CHAPTER 3.08. PARKS AND ascribed to them in this section, except where <br />RECREATION* the context clearly indicates a different meaning: <br />ARTICLE I. IN GENERAL (RESERVED) <br />ARTICLE II. PARK COMMISSION <br />Sec. 3.08.110. Established. <br />A park commission is established. <br />(Code 1984, § 2.52(1); Code 2003, § 22-31; Ord. <br />No. 112(2nd series), § 1, 1-11-1993) <br />Sec. 3.08.120. Members. <br />The park commission is composed of seven <br />members, who serve staggered three-year terms. <br />The council may by majority vote appoint one or <br />more alternate park commission members to <br />serve when regular members are absent. One <br />staff member and one councilmember shall be <br />members of the commission ex officio and without <br />vote and are in addition to the seven -member <br />commission. <br />(Code 1984, § 2.52(1); Code 2003, § 22-32; Ord. <br />No. 112(2nd series), § 1, 1-11-1993; Ord. No. <br />180(3rd series), § 1, 1-9-2017) <br />Sec. 3.08.130. Powers and duties. <br />The park commission shall be only an advisory <br />body to the council. The commission shall study <br />and consider the continuing needs of the city for <br />parks and recreation areas and facilities of all <br />kinds, including, but not limited to, problems <br />involving public use of Lake Minnetonka and <br />other lakes in the city, and portions of its <br />shorelines. The commission shall report to the <br />council. <br />(Code 1984, § 2.52(2); Code 2003, § 22-33) <br />ARTICLE III. PUBLIC CONDUCT IN PARKS <br />AND PUBLIC SWIMMING AREAS <br />Sec. 3.08.210. Definitions. <br />The following words, terms and phrases, when <br />used in this article, shall have the meanings <br />*State law reference —General authority relative to <br />parks, Minn. Stats. § 412.491. <br />Animal means all animals, reptiles and fowls <br />of every kind and description, whether <br />domesticated or such as may be tame, but are of <br />a species commonly found in wild habitat, but <br />excluding domesticated dogs and cats. <br />Fighting words means an expression likely to <br />provoke the average person to retaliation and <br />thereby cause a breach of the peace. <br />Motorized vehicle means any self-propelled <br />vehicle equipped with a unit for its propulsion by <br />means of energy stored on the vehicle, including <br />a vehicle designed to be propelled by means of <br />such energy alternatively or in combination with <br />human power, and includes vehicles designed to <br />be drawn by self-propelled vehicles, but excludes <br />such vehicles designed exclusively for operation <br />on metal tracks. <br />Nudity means uncovered, or less than opaquely <br />covered, post -pubertal human genitals, pubic <br />areas, the post -pubertal human female breast <br />below a point immediately above the top of the <br />areola, or the covered human male genitals in a <br />discernibly turgid state. For purposes of this <br />definition, a female breast is considered uncovered <br />if the nipple only or the nipple and the areola <br />only are covered. <br />Obscenities means an expression that, taken <br />as a whole, appeals to the prurient interest in <br />sex and depicts or describes in a patently offensive <br />manner sexual conduct and which, taken as a <br />whole, does not have serious literary, artistic, <br />political, or scientific value. <br />Park means an area reserved, designated or <br />used for active or passive public recreation, <br />except a swimming beach, that is owned, oper- <br />ated or controlled by the city. <br />Sexual conduct means human masturbation, <br />sexual intercourse, or any touching of the genitals, <br />pubic areas or buttocks of the human male or <br />female, or the breasts of the female, whether <br />alone or between members of the same or opposite <br />sex or between humans and animals in an act of <br />apparent sexual stimulation or gratification. <br />CD3:31 <br />