We're dealing with a lot of water. We will likely be dealing with a lot more this weekend and into next week.

Falls Park was closed this morning due to safety concerns with raging water everywhere. Probably a wise move.

Falls Park isn't the only park closed. A total of 16 parks are currently closed due to flooding in Sioux Falls which include:

· Legacy Park
· Dunham Park
· Yankton Trail Park
· Tomar Park
· Spencer Park
· Lower Tuthill Park
· Pasley Park
· Norlin Greenway
· Rotary Park
· Riverdale Park
· Cherry Rock Park
· River Boulevard Greenway
· Beadle Greenway
· Nelson Greenway
· Fawick Park
· Downtown River Greenway

In the news release from the Parks and Rec department they cited the city ordinance that allows the department to do that.

City Ordinance § 95.032 allows the Director of Parks and Recreation to take this action:

§ 95.032 AUTHORITY OF DIRECTOR TO PROHIBIT CERTAIN CONDUCT; NOTICE.

The director may prohibit conduct in those areas of the parks when and where the director deems conduct dangerous or unduly interfering with another’s use of the parks such as, but not limited to, picnicking areas. A notice prohibiting activity within

a specific area shall be conspicuously displayed setting forth which activity, conduct, or games are restricted.

(1992 Code, § 27-16.14) (Ord. 49-99, passed 4-19-1999; Ord. 96-12, passed 12-4-2012)

I don't know why they felt the need to assert the authority that we already knew they had by citing the entire text of the ordinance, but they did and I found it informative. But they left out the "or else" part of the ordinance. At least I thought they did but there isn't an "or else" or penalty named in the ordinance. I knew there had to be teeth in it somewhere and I finally found it.

Chapter 10 of the Sioux Falls code says that if there is not penalty described for breaking the ordinance, the penalty can be up to $500 or 30 days in jail or both.

(a)   Whenever in this Code or any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense, or wherever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, any person who shall be convicted of any such violation shall be fined not more than $500 or imprisoned in the county jail not longer than 30 days, or shall receive both such fine and imprisonment. Each day in which a violation of this Code or other ordinance continues shall constitute a separate offense.

So it's probably best to just stay out of the closed parks.


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