[1]
Editor’s note–See corresponding note located in Appendix A of this code.
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)
For the purposes of this chapter, certain terms are defined as follows:
Artifact.
Tangible object of the past that relates to human life and culture and/or historical object with human workmanship or association.
Inflatable play equipment.
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.
Inflatable play equipment event.
Any public or private event which includes the use of one or more inflatable play equipment structures.
Inflatable play equipment rental company.
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.
Large trees.
Trees which normally reach heights of fifty (50) feet and above at maturity.
Medium trees.
Trees which normally reach heights of twenty (20) to fifty (50) feet at maturity.
Park playground.
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
Park trees.
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.
Parkway.
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.
Pole and line.
A line with a hook, attached to a pole, including a rod and reel.
Sanctioned Game.
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.
Small trees.
Trees which normally reach heights not exceeding twenty (20) feet at maturity.
Smoke.
Includes the following activities:
(1) 
Carrying or holding a lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment or device;
(2) 
The combustion of any cigar, cigarette, tobaccos, or any similar article or any other combustible substance in any manner or in any form; or
(3) 
Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind.
Street trees.
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.
Thoroughfare street.
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:
(A) 
The date, time, and location of the event;
(B) 
The type of event;
(C) 
The estimated attendance;
(D) 
The access to the event;
(E) 
The designation of a licensed and approved concessionaire or caterer; and
(F) 
The site management and security.
(4) 
The alcoholic beverage permit shall only be issued for an event that is sponsored by one or more of the following:
(A) 
Visit Lubbock;
(B) 
Civic Lubbock, Inc.;
(C) 
The City of Lubbock; or
(D) 
Market Lubbock.
(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)