(a)
Any person, firm or corporation violating any provision of this division shall be deemed guilty of a misdemeanor and, upon final conviction thereof, fined in accordance with section 1.01.009 of this code; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each and every day any such violation continues shall constitute a separate offense punishable hereunder.
(b)
Any
person, firm, or corporation violating any provision of this division
may be enjoined by suit filed by the municipality in a court of competent
jurisdiction, and this remedy is in addition to any other penalty
provision.
(Ordinance 031208-6, sec. 2, adopted 1/12/04)
It shall be unlawful for any individual or group of individuals
to participate in any activity on any public park area when such activity
will create a danger to the public or may be considered a public nuisance.
The council may designate particular locations within park areas for
specific activities and, when deemed necessary, it may limit the conduct
of such activities by the issuance of special permits upon application,
which permits will set out the particular conditions under which such
activity is permitted.
(Ordinance 031208-6, sec. 1 (96.01),
adopted 1/12/04)
It shall be unlawful for any person to cut, break, deface or
in any way injure the trees, shrubs, plants, grass, turf, fountains,
seats, fences, structures, improvements, ornaments, monuments, or
property within or upon any of the public parks.
(Ordinance 031208-6, sec. 1 (96.02),
adopted 1/12/04)
No person shall use or speak any threatening, abusive, insulting,
or indecent language in any of the public parks, and no person shall
commit in any such parks any obscene, lewd, or indecent act or create
any nuisance.
(Ordinance 031208-6, 1 (sec. 96.03),
adopted 1/12/04)
It shall be unlawful for any owner, keeper, or person having
the custody or control of any dog to cause or permit such animal to
go into or upon the grounds of any public park within the municipality,
unless such dog is led by some person and retained in custody by having
such animal securely fastened by means of a chain, rope, or strap
and the person cleans up any feces left by the dog.
(Ordinance 031208-6, sec. 1 (96.04),
adopted 1/12/04)
(a)
A
person commits an offense if in any park or recreational area he or
she knowingly:
(1)
Drives a motor vehicle;
(2)
Stops, stands, or parks a motor vehicle;
(3)
Parks a motor vehicle so as to obstruct the entrance to or exit from
a roadway, parking area, or trail established for public motor vehicle
use; or
(4)
Fails to park the entire motor vehicle within the limit lines of
a designated parking stall, where such lines have been provided.
(b)
It is a defense to prosecution under subsection (a) of this section that the driving, stopping, standing, or parking:
(1)
Was along a roadway, trail, or parking area established for public
motor vehicle use;
(2)
Was due to temporary mechanical failure of the vehicle;
(3)
Was ordered by a police or park officer or a person charged with
supervision of a park or recreation area within the municipality;
or
(4)
Was performed by an employee of the municipality while in the course
of his or her official duties.
(Ordinance 031208-6, sec. 1 (96.05),
adopted 1/12/04)
Editor's note–Former section 1.10.067 pertaining to the sale of merchandise or services and deriving from Ordinance 2014-07-28-01, sec. 2, adopted 7/28/14, was repealed and deleted in its entirety by Ordinance 2018-05-14-02 adopted 5/14/18.
Editor's note–Former section 1.10.068 pertaining
to alcoholic beverages and deriving from Ordinance 2016-06-09-03 adopted
6/9/16, was repealed and deleted in its entirety by Ordinance 2018-05-14-02
adopted 5/14/18.
(a)
A
person commits an offense if he or she knowingly makes or causes to
be made any loud and raucous noise in any public park and recreation
area in the municipality.
(c)
The
following enumerated acts are presumed to create loud and raucous
noises for purposes of this section:
(1)
The sounding of any horn or signal device on any automobile, motorcycle,
bus, or other vehicle, except as a danger signal, as required by state
law.
(2)
The use of any mechanical loudspeaker or sound amplifier for the
purpose of attracting the attention of other persons by the creation
of noise.
(3)
The playing of any radio, television, tape machine, compact disc
player, musical instrument, or other machine or device for the production
or reproduction of sound at such a volume that the sound produced
is audible at a distance in excess of 150 feet.
(4)
The operation of any automobile, motorcycle, bus, or other vehicle
or mechanical device in such a manner so as to produce a sound that
is audible at a distance in excess of 150 feet.
(Ordinance 031208-6, sec. 1 (96.08),
adopted 1/12/04)
(a)
No agent, servant, or employee of the municipality having supervision or jurisdiction over any of the various municipally owned parks may rent or allow the use of any of the parks to any person for the purpose of engaging in an enterprise for a profit, except as provided for in this section, the city's special events ordinance or section 1.10.071.
(b)
This
section shall not apply to local civic, religious, and charitable
organizations. Such organizations shall make application to the municipal
secretary for the use of any such park, setting forth in the application
the name of the organization and its officers, the purpose for which
the park is desired to be used, the length of time and a detailed
statement showing the use of the revenue derived from the use of the
park. Local civic, religious, and charitable organizations having
a city area address on file with the Texas Secretary of State, Texas
Comptroller or the county central appraisal district. The mayor is
hereby given the authority to require a full showing, by documentary
evidence in the application, that any such organization is local in
nature and comes under the above classification as such organizations
are generally regarded. Farmers' markets and events requiring a permit
under the city's special events ordinance must still comply with such
ordinances and regulations.
(Ordinance 2014-07-28-01, sec. 3,
adopted 7/28/14)
(a)
A
farmers' market is defined as a single-use event with an area where
space is rented to individual vendors who sell fruits, vegetables
or plants grown locally by the vendor, or who sell food specialty
items such as baked goods, candies, jams, jellies, spices, and condiments
produced by the vendor selling such items. No other products may be
sold, including but not limited to potentially hazardous foods that
have the tendency to spoil or rotten when not maintained at a specific
temperature and that is regulated by the Texas Department of State
Health Services, except for arts and crafts products made in the county
or contiguous counties not more than 25% of total vendors, dry goods,
domestic pets, livestock, or any other items not specifically allowed
by this section.
(b)
Each
farmers' market setting up in a city park with more than one vendor
shall designate one responsible individual to be the permit holder.
The designated individual must file a market permit application at
city hall at least two weeks in advance of the date of the farmers'
market event. The market permit application fee shall be set forth
in the master fee schedule of this code. If the farmers' market event
only has one vendor, the permit application requirements still apply,
and the application fee shall he set forth in the master fee schedule
of this code. Vendors for a single-vendor farmers market must file
a vendor permit application at city hall at least two weeks in advance
of the date of the farmers' market event. An application fee may be
refunded or an applicant may receive a credit of the application fee
for a future farmers' market only if a farmers' market event is cancelled
due to inclement weather or other circumstances which prevent the
farmers' market event from occurring, only if the permit holder notifies
the city that the event was not held on the date set forth in the
issued permit within seven (7) days of the cancelled event.
(1)
The market permit holder must provide the city with a complete vendors
list that shall be retained by the city for at least ninety (90) day's
following the farmers' market event. This list shall include, at a
minimum:
(A)
The name, address, and phone number of each vendor;
(B)
A list of the food items offered by vendor for each date operated
at the farmers' market;
(C)
A copy of any applicable permits held by each vendor, including but
not limited to a sales tax certificate and a food manufacturers license,
if applicable; and
(D)
The general location of each food item's origin, including information
on where the food items were grown, cultivated, prepared or otherwise
obtained by the vendor.
(c)
All
tasting or sampling of food products shall be strictly prohibited
at farmer's markets.
(d)
Except
for plants, nuts in the shell and whole, raw fruits and vegetables
that are intended for hulling, peeling or washing by the consumer
before consumption, food on display shall be protected from contamination
by use of packaging. Such packaging must be properly labeled to identify
ingredients, weight, and other information that may be required by
state or federal guidelines.
(e)
Final
authority to modify or deny a permit shall be with the city council.
(Ordinance 2014-07-28-01, sec. 4,
adopted 7/28/14; Ordinance
2015-12-10-02, sec. 3, adopted 12/10/15)
It shall be unlawful for any person, firm, entity or corporation
to conduct any drilling activity or mining on the surface of any public
park to extract oil, gas, or other minerals or hydrocarbons or to
drill an injection well. No well site or related piping or equipment
shall be located on or near the surface of any public park. No previously
drilled and abandoned well or mine may be reopened in any public park.
(Ordinance 2015-03-23-01 adopted 3/23/15)
