Subject to the approval of the city council, the director of parks and recreation, with the recommendation and approval of the parks and recreation board, is hereby authorized and empowered to prescribe rules and regulations to promote the orderly use of all city parks and playgrounds including the designation of areas where the acts and activities in this chapter and article 2.03, division 10 of this code may be permitted and is further empowered to regulate such activities in areas where they are permitted when it is necessary to control such activity for public safety, to prevent congestion or to secure the maximum use of such public park or playground for the comfort and convenience of the public.
(1959 Code, sec. 19B-8; Ordinance 5214, sec. 1, adopted 3/23/1967; 1983 Code, sec. 2-268; Ordinance 2011-O0021, sec. 1, adopted 3/2/2011)
Provisions concerning the park and recreation board are as provided in article 2.03, division 10 of this code.
(Ordinance adopting Code; Ordinance 2011-O0021, sec. 4, adopted 3/2/2011)
For the purposes of this chapter, certain terms are defined
as follows:
Tangible object of the past that relates to human life and
culture and/or historical object with human workmanship or association.
Any soft bouncing equipment constructed out of heavy-duty
vinyl or any similar material, which is laid out on the ground and
inflated with a continual flow of air to form a soft bouncing floor
with walls. This equipment is typically provided by inflatable play
equipment rental companies to renters, usually for a fee, for a variety
of amusement needs, including, but not limited to, enjoyment by children
at private parties.
Any public or private event which includes the use of one
or more inflatable play equipment structures.
Any company, business, or individual who, for a fee, shall
offer the use or rental of inflatable play equipment to any individuals,
groups, or organizations.
Trees which normally reach heights of fifty (50) feet and
above at maturity.
Trees which normally reach heights of twenty (20) to fifty
(50) feet at maturity.
A designated area consisting of activity components, including
but not limited to swings, slides and climbers placed upon a protective
surface such as mulch, sand, gravel or a rubberized material, with
boundaries defined by a perimeter border such as concrete or fencing,
and/or boundaries as indicated by signage
Trees, shrubs, bushes and all other woody vegetation on land
designated by the city as a public park, or on any land owned by the
city to which the public has free access, excluding lands which are
part of the public right-of-way.
Any part of the public right-of-way lying between the curb
or grade line of any public street and the abutting private property
line.
A line with a hook, attached to a pole, including a rod and
reel.
A game or activity, but not practice activities, sponsored
by or affiliated with an association, organization, league or entity
with its purpose, in whole or in part, to regulate, organize, maintain,
sponsor or otherwise affiliate itself with the sport or activity at
issue or such game or activity regulated or officiated with umpires
or referees.
Trees which normally reach heights not exceeding twenty (20)
feet at maturity.
Includes the following activities:
Carrying or holding a lighted pipe, cigar, or cigarette of any
kind or any other lighted smoking equipment or device;
The combustion of any cigar, cigarette, tobaccos, or any similar
article or any other combustible substance in any manner or in any
form; or
Emitting or exhaling the smoke of a pipe, cigar, or cigarette
of any kind.
Trees, shrubs, bushes and all other woody vegetation on land
within any public right-of-way or parkway of a thoroughfare street
within the city.
A major street of the city traffic system which is used primarily for fast and/or heavy traffic moving large volumes at moderate speed on long intercity or intracity trips and designated as T1 or T2 in the city’s master thoroughfare plan in chapter 36 of this code.
(Ordinance 2011-O0021, sec. 5, adopted 3/2/2011; Ordinance 2011-O0050, sec. 1, adopted 7/27/2011)
It shall be unlawful for any person within a public park or
playground to commit or do any of the following acts:
(1)
To play any sanctioned game of baseball, softball, football, soccer,
or other games of like character, or to play any game or activity
of golf, archery, paintball, or other games of like character in any
park or playground except at the places set apart and designated as
grounds therefor.
(2)
To place and/or operate any boat, raft or other watercraft capable
of being occupied by one or more persons, whether motor-powered or
not, in or on the waters of any pool, lake or river in any park within
the city. Upon receiving a permit from the director of parks and recreation,
the use of zero-emission boats, rafts, or other watercraft may be
allowed, but only in the places set apart and designated therefor.
(3)
To swim, bathe, wade, or ice skate in or on any waters, pool, lake
or river in any park within the city except at the places set apart
and designated as grounds therefor.
(4)
To fish in any waters, pool, lake or river in any park within the
city except at the places set apart and designated therefor and in
compliance with the rules and regulations established therefor.
(5)
To camp in any park within the city, except at the places set apart
and designated as grounds therefor by the director of parks and recreation.
(6)
To ride, drive or propel any motor vehicle, all terrain vehicle,
motorbike or motor scooter over or through any park within the city,
except upon the grounds of Meadowbrook Golf Course and upon any other
grounds set apart and designated as grounds therefor. This section
shall not apply to city vehicles, emergency vehicles, designated contract
service vehicles or other vehicles as designated by the director of
parks and recreation.
(7)
To fly or launch any rocket or any model airplane, either by attached
or remote control, in any park or playground within the city except
at the places set apart and designated as grounds therefor.
(8)
To operate or drive any vehicle within any city park at a speed greater
than twenty (20) miles per hour upon any park road.
(9)
To remove any tree, shrub, bush or plant, or injure the bark, or
pick the flowers or seeds of any tree or plant, or attach any rope,
wire or other contrivance to any tree, shrub, bush or plant, or dig
in or otherwise disturb grass areas, or in any other way injure or
impair the natural beauty or usefulness of any area.
(10)
To ride, lead or drive any horse, mule, donkey or other equine animal
over or through any park within the city except upon grounds set apart
and designated as grounds therefor.
(11)
To take game fish and nongame fish with any gear or device other
than pole and line. A permit to take game fish and nongame fish with
gear or devices other than pole and line may be granted by the director
of parks and recreation upon a finding that the party requesting the
permit for such activity has been granted authority by the department
of parks and wildlife of the State of Texas, and that the activity
will further a public purpose of the City of Lubbock.
(12)
To remove, excavate, take, damage or search for any artifact, except
as expressly permitted by all entities having jurisdiction over such
activities, including, without limitation, the Texas Historical Commission.
(13)
To bring, possess, carry or transport upon any public park any glass
container, including, without limitation, bottles and drinking glasses.
(14)
To utilize or operate a metal detector or metal-detecting equipment
within any public park unless otherwise permitted in writing by the
director of parks and recreation.
(15)
To keep or permit any dog or other animal in or about the boundaries
of the sporting facilities located in any park during an organized
sporting event except for animals used to aid a handicapped person
or used for police purposes.
(16)
To place or use any portable toilet in any public park, public playground,
or public space within the city, except at those areas set apart and
designated as grounds therefor by the parks and recreation director
who shall produce a list of such designated grounds upon request.
The list of designated grounds shall also be made available on the
City of Lubbock Parks and Recreation website.
(1959 Code, sec. 19B-6; Ordinance 5214, sec. 1, adopted 3/23/1967; Ordinance 6941, sec. 1, adopted 8/8/1974; 1983 Code, sec. 19-1; Ordinance 8953, sec. 1, adopted 8/28/1986; Ordinance 10130, sec. 2, adopted 1/14/1999; Ordinance 2004-O0034, sec. 1, adopted 2/19/2004; Ordinance 2007-O0082, sec. 1,
adopted 8/9/2007; Ordinance
2008-O0082, sec. 1, adopted 9/25/2008; Ordinance 2011-O0021, sec. 2, adopted 3/2/2011; Ordinance 2016-O0141, sec. 1, adopted 10/13/2016)
(a)
Nuisances.
The following list of activities are declared
to be nuisances in any public park or on any abutting or adjacent
public way to a public park:
(1)
Loitering with intoxicating liquor on the person;
(2)
The drinking of any intoxicating liquors;
(3)
The throwing of bottles or other containers; or
(4)
The spilling or pouring of any such intoxicating liquor on the ground
or premises, thereby calculated to cause flies, insects, and an unsanitary
condition.
(b)
Alcoholic beverages prohibited, exceptions.
It shall
be unlawful for any person to consume any alcoholic beverage in any
public park or for any person to possess any alcoholic beverage in
any public park within the corporate limits of the city unless otherwise
specified by this section.
(1)
The sale and consumption of alcoholic beverages within the Meadowbrook
Golf Course at Mackenzie Park, at the Bayer Museum of Agriculture,
and at the American Wind Power Center and Museum may be allowed in
accordance with the laws of the state, as administered by the Texas
Alcoholic Beverage Commission.
(2)
The sale and/or consumption of alcohol may be allowed at the following
selected park facilities by obtaining an alcoholic beverage permit:
(A)
The Moonlight Musicals Amphitheatre;
(B)
The Buddy and Maria Elena Holly Plaza;
(C)
The Buddy Holly Recreational Area, as depicted in figure 1 appended
to Ordinance 2011-O0129;
(D)
Berl Huffman Sports Complex;
(E)
Dunbar Historical Lake;
(F)
Leftwich Park;
(G)
Llano Estacado Lake;
(H)
Mae Simmons Park;
(I)
Mackenzie Park;
(J)
Maxey Park; and
(K)
McAlister Park.
(c)
Alcoholic beverages permitting procedures.
The city
manager, or his or her designee, shall develop guidelines and procedures
to insure the following:
(1)
That the sale and/or consumption of alcoholic beverages shall comply
with any and all license agreements entered into by the city;
(2)
That the sale and/or consumption of alcoholic beverages shall comply
with all federal, state, and local regulations, including those set
forth in the Texas Alcoholic Beverages Code;
(3)
That the sale and/or consumption of alcoholic beverages is conducted
by alcoholic beverage permit obtained from the city manager, or his
or her designee. The alcoholic beverage permit shall include, but
is not limited to the following information:
(5)
The alcoholic beverage permit shall not be issued for an event that
is scheduled at the same time and at the same location as a youth
event or activity. For the purpose of this section, a youth event
or activity is any event or activity at which the majority of participants
or audience is under the age of eighteen (18).
(d)
Permit fee.
All associated fees for obtaining an alcoholic
beverage permit shall be set by the current fiscal budget of the city.
If no fee is established by budget ordinance, a minimum fee of two
hundred dollars ($200.00) for the administrative costs of processing
the alcoholic beverage permit shall be required.
(1959 Code, sec. 19-9.1; Ordinance 3886, secs. 1–3, adopted 8/9/1961; Ordinance 7663, sec. 1, adopted 5/11/1978; 1983 Code, sec. 19-2; Ordinance 9254, sec. 1, adopted 2/9/1989; Ordinance 9350, sec. 1, adopted 4/26/1990; Ordinance 9641, sec. 1, adopted 9/9/1993; Ordinance 9743, sec. 1, adopted 10/14/1994; Ordinance 2003-O0045, sec. 1, adopted 5/22/2003; Ordinance 2007-O0082, sec. 2, adopted 8/9/2007; Ordinance 2011-O0021, sec. 3,
adopted 3/2/2011; Ordinance
2011-O0129, secs. 1–2, adopted 1/12/2012; Ordinance 2015-O0052, sec. 1,
adopted 6/11/2015; Ordinance
2019-O0036 adopted 3/26/2019)
It shall be unlawful for any person, except authorized employees
of the city, to swim in any city-owned or -operated swimming pool
when the same is closed to the public, without first obtaining the
consent of the director of parks and recreation.
(Ordinance 1917, sec. 1, adopted 5/25/1956; 1959 Code, sec. 19-14; 1983 Code, sec. 19-3; Ordinance
2011-O0021, sec. 6, adopted 3/2/2011)
It shall be unlawful for any person, except authorized employees of the city or persons authorized by the director of parks and recreation, pursuant to section 16.01.004(5) of the Code of Ordinances of the City of Lubbock, to enter into, or remain upon, or to be upon the premises of the Meadowbrook Golf Course or any public park in the city, between the hours of 12:00 midnight and 5:00 a.m.
(Ordinance 1871, sec. 1, adopted 4/26/1956; 1959 Code, sec. 19-13; 1983 Code, sec. 19-4; Ordinance
2008-O0082, sec. 2, adopted 9/25/2008; Ordinance 2011-O0021, sec. 7, adopted 3/2/2011)
It shall be unlawful for any person within a park playground
to commit or do any of the following:
(1)
To enter into, or remain upon, or to be upon the premises of any
park playground between the hours of 10:00 p.m. and 7:00 a.m. The
time of use restrictions set forth herein shall not apply to City
of Lubbock personnel performing city-related functions.
(2)
To build or maintain any type of fire.
(3)
To smoke.
(4)
To bring, lead, or possess pets, including, without limitation, dogs,
cats and reptiles on park playgrounds, or allow such pets to be upon
park playgrounds.
(5)
To ride, drive, propel or carry any bicycles, skateboards, scooters,
roller skates or any other footwear, facility or device containing
wheels that may be utilized to propel or carry any person.
(1983 Code, sec. 19-8; Ordinance
2007-O0082, sec. 3, adopted 8/9/2007; Ordinance 2011-O0021, sec. 8, adopted 3/2/2011)
The city, by and through the director of parks and recreation,
may temporarily close or restrict the use of a public park or portion
of a public park when necessitated by reason of public health, public
safety, maintenance, or other reasons in the public interest. No person
shall enter upon any public park that has been temporarily closed,
as set forth herein. The public park shall remain closed until the
closure is no longer necessary for the protection of public health,
public safety, maintenance, or other cause for closure has terminated
as determined by the director of parks and recreation.
(1983 Code, sec. 19-9; Ordinance
2007-O0082, sec. 4, adopted 8/9/2007; Ordinance 2011-O0021, sec. 9, adopted 3/2/2011)
