Editor’s note(s)–Ordinance O-19-035 , sec. 2, adopted Sep. 19, 2019, repealed the former Ch. 19 secs. 19-1–19-23, and enacted a new Ch. 19 as set out herein. The former Ch. 19 pertained to similar subject matter and derived from Ord. of May 8, 1972, sec. 1; Ord. of Apr. 16, 1974, sec. 1; Ord. of May 12, 1988, sec. 1; Ord. of Apr. 6, 1989, secs. 1–3; Ord. of Dec. 1, 1994; Ord. of 12-20-2001; Ordinance O-10-001, sec. 1, adopted Jan. 21, 2010.
Bicycle.
To ride or propel a device commonly known as a bicycle, unicycle, tricycle or similar non-motorized device.
Camping.
The overnight use of tents, lean-tos, hammocks, sleeping bags or blankets, or other shelters, automobile trailers, cars, house trailers, house cars, campers, or other such vehicles for the purposes of living or sleeping quarters.
City.
The duly incorporated municipality of the City of Brenham, Texas.
Concession stand.
A place where patrons can purchase various snacks, drinks and/or food items.
Electronic smoking device.
Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to stimulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, tank system, or advanced personalized vaporizer (APV), or under any other product name or descriptor.
Entertainment.
Any amusement or diversion provided, especially in a public performance, by an individual or a group of individuals.
Exhibition.
To show publicly for the purposes of competition or demonstration such things as works, art, objects of manufacture, or athletic skills.
Person.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
Scoot.
To ride or propel a device commonly known as a scooter, with a deck designed to allow a person to stand or sit while operating the device, and includes such a device whether powered by electricity, gas, human or other power.
Skate.
To ride or propel a device commonly known as roller skates, roller blades, skateboard or similar non-motorized device.
Smoke or smoking.
Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. Smoking also include the use of an electronic smoking device as defined herein, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this chapter.
Tobacco.
Any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco, which may be utilized for smoking, chewing, inhalation or other means of ingestion or absorption.
Walking or jogging trails.
Any paved or improved path, sidewalk or bridge designed to be used by individuals for walking, jogging or running.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
All public parks and parks facilities belonging to the City shall be available for use by the public between the hours of 5:00 a.m. and 11:00 p.m. of each day of the week, unless said park facilities have been reserved for private use. Arrangements must be made in advance with the city manager or designee for extended hours, or to reserve any park facilities for private use.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
Fees for all park and recreation activities shall be set by resolution of the city council. All such fees shall be posted, where applicable, and kept on file with the city secretary. It shall be unlawful for any person to use or enter upon any park or recreation facility, and engage in an activity for which a fee is charged, without first having first paid said fee.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
(a) 
It shall be unlawful for any person to deface, tear down, remove, destroy or injure in any manner whatsoever or to cause to be defaced, torn down, destroyed or injured in any manner whatsoever any fence, building, furniture, seat, sign, structure, excavation, post, bracket, lamp, awning, fireplug, hydrant, water pipe, tree, shrub, plant, flower, railing, bridge, backstop, goalpost, culvert or any other property or improvement whatsoever belonging to the city in, at or upon any of the parks owned or controlled by the city.
(b) 
A person, group, organization, or entity reserving the use of a park facility shall be responsible for all damages to city property and for the cost of any unreasonable wear and tear to park facilities or for services, including emergency or public safety services such as police and fire, that are provided to or dispatched to the city park or city park facility as a result of such person’s, group’s or the organization’s misuse, improper or unlawful use of the facility.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
It shall be unlawful for any person to display any advertising material by or to distribute advertising material of any character within any parks or other recreation areas owned by the city without permission of the city manager or designee.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
It shall be unlawful for any person to consume any alcoholic beverage in, or to carry or bring any alcoholic beverage into, the Blue Bell Aquatic Center.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
It shall be unlawful for any person to smoke or use tobacco in any city-owned park, including but not limited to athletic fields, skate parks, hiking or biking trails, walking paths, flower or prayer gardens, and playground areas.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
No person shall drive an automobile, motorcycle, motor vehicle, golf cart, or other motor operated vehicle or bicycle in or upon any established and maintained park or playground, except in designated parking areas located therein, without specific written permission from the city manager or designee. This restriction does not apply to any person that requires the use of a motorized or non-motorized mobility device (e.g. wheelchair or scooter) due to illness, injury, or disability.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
(a) 
It shall be unlawful for any person to bicycle, skate, or scoot within Veterans Memorial Plaza. This restriction shall not apply to any person that requires the use of a motorized or non-motorized mobility device (e.g. wheelchair or scooter) due to illness, injury or disability.
(b) 
It shall be unlawful for any person to bicycle, skate, or scoot within the walking and jogging trails in Hohlt Park, Jackson Street Park, and Fireman’s Park. It shall also be unlawful for any person to bicycle, skate, or scoot within the portion of Fireman’s Park situated north of Fireman’s Park Road. These restrictions shall not apply to any person that requires the use of a motorized or non-motorized mobility device (e.g. wheelchair or scooter) due to illness, injury or disability.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
It shall be unlawful for any person to distribute any circulars, cards or written matter or post, paste, or affix any placard, notice or sign within any park or playground in the City without written permission from the city manager or designee.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
It shall be unlawful for any person to camp in or upon any public park situated within the city without permission from the city manager or designee.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
It shall be unlawful for any person to loiter or sleep in any restroom located in any city park or recreation area.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
It shall be unlawful for any person to deposit paper, glass, metal, litter, or trash of any kind on any lawn, driveway, path, or other place in any park or recreation area except in receptacles provided therefor.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
Unless otherwise provided herein, outdoor picnic areas and pavilion areas are available on a first-come, first-served, basis, with the exception of Finke Pavilion, which may be reserved for private use. When reserved for private use the person reserving the Finke Pavilion may exclude members of the general public and it shall be unlawful for a member of the general public to remain in the Finke Pavilion after being notified that the Finke Pavilion has been reserved for private use.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
(a) 
Unless otherwise provided herein, access to city-owned athletic fields are on a first-come, first-served, basis; however, individual reservations are available, upon request, from the city manager or designee.
(b) 
When reserved for private use the person reserving the athletic field may exclude members of the general public and it shall be unlawful for a member of the general public to remain on the athletic field after being notified that the athletic field has been reserved for private use.
(c) 
It shall be unlawful for any person, firm or corporation (except city employees) to access a city-owned athletic field while said athletic field is closed.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
It shall be unlawful for any person to practice golf or hit golf balls in any portion of a city park or recreational area. The practice of disc golf may be permitted in areas designated for disc golf.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
It shall be unlawful for any person to fly a kite or propel or guide a model airplane or drone in any park or recreation area traversed by high voltage transmission lines.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
(a) 
It shall be unlawful for any person who owns a dog or other animal, or has a dog or other animal under their control, to permit such dog or other animal to be in any city park unless restricted by a leash. It shall be the responsibility of the owner of the dog or other animal, or the person who has the dog or other animal under their control, to dispose of all pet excrement immediately. Events organized by the city are exempt from this section.
(b) 
Except as provided in Texas Human Resources Code sec. 121.003, it shall be unlawful for any person to tether or pasture, or allow or cause to be tethered or pastured, any cow, horse, mule, fowl, or domestic animal in or upon any park or recreation area.
(c) 
It shall be unlawful for any person to frighten, annoy, or injure, or attempt to frighten, annoy, or injure any wild or native animal or bird in any park or recreation area.
(d) 
It shall be unlawful for any person to ride any horse or other animal or animal-drawn vehicle over or through any park or recreation area without a permit or written permission from the city manager or designee.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
No entertainment or exhibition shall be given or conducted in any city park or recreational facility owned by the city without prior written permission from the city manager or designee. If such entertainment and/or exhibition includes amplified sound, a noise variance from the City council will be required. The Dr. Bobbie M. Dietrich Memorial Amphitheater is exempt from this section.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
It shall be unlawful for any person to use or have in their possession any glass container in or upon any public park situated within the corporate limits of the city. Glass baby bottles or baby food jars containing products for consumption by a baby are exempt from this section.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
(a) 
The city shall be the sole operator of concession stands in all city parks and recreational facilities unless otherwise approved in writing by the city manager or designee.
(b) 
It shall be unlawful for any person or persons to sell or offer for sale any drinks or food items within any city park without written permission from the city manager or designee, and also obtaining a permit from the city’s code enforcement officer, as qualified by the Texas Department of State Health Services as a registered sanitarian. If the city does not employee a registered sanitarian that is authorized to issue a required permit for the sale of drink or food items, the required permit must be obtained from an appropriate registered sanitarian authorized to issue said permit.
(c) 
It shall be unlawful for any person to sell or offer for sale any goods, wares, services or merchandise within any city park or recreational facility owned by the city without first obtaining a permit or written permission from the city manager or designee.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
(a) 
It shall be unlawful for any person to park a vehicle in any area of a city park for the principal purpose of displaying the vehicle for sale.
(b) 
It shall be unlawful for any person to park, stop, or store a semi-truck or trailer in any area of a City park without written permission from the city manager or designee.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
A violation of this chapter shall constitute a misdemeanor and upon conviction thereof shall be punishable pursuant to the general penalty provisions set out in section 1-5 of the Code of Ordinances of the City of Brenham.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
In addition to meeting any other requirements of this chapter and the city’s Code of Ordinances, written permission or a permit from the city manager or designee is required prior to sponsoring, holding, or conducting any of the following uses in a city park or city park facility owned by the city:
(1) 
Any organized sporting event and associated activities such as rallies, award ceremonies, etc., unless the organizer has a contract with the city;
(2) 
Any exhibit, music event, play, motion picture or similar form of entertainment;
(3) 
Any assembly or parade;
(4) 
Any use of amplified sound equipment;
(5) 
Any sale of food, drinks, or other goods;
(6) 
Any sale of services, including boot camps, athletic lessons, etc.;
(7) 
Any park use during times when the park or park facility is normally closed to the public.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)
Any person dissatisfied with a decision of the city manager or designee in failing to grant a permit shall have the right to appeal in writing within ten (10) days of the date of the decision. Such appeal shall be presented by the applicant in writing to the city manager, who shall designate a hearing officer to consider the matter under the standards established in this chapter. The hearing officer shall be a city employee or official not involved in the consideration of the original application. The hearing officer shall sustain or overrule the decision within fourteen (14) days of the date of receipt of the written appeal from the applicant. The hearing officer’s decision on such appeal shall be final.
(Ordinance O-19-035, sec. 3, adopted 9/19/19)