This subchapter shall be known, and may be cited, as the Public
Parks Ordinance of the City of Pflugerville, Texas.
(Ordinance 228-86-4-29, passed 4-29-86)
For the purpose of this subchapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning. Terms not defined herein shall be construed in accordance
with customary usage.
CAMP OR CAMPING.
The erecting of a tent or shelter of natural or synthetic
material, preparing a sleeping bag or other bedding material for use,
parking of a motor vehicle, motor home or trailer for the apparent
purpose of overnight occupancy or sleeping.
LITTER.
Any rubbish, refuse, trash, or garbage, including, but not
limited to, loose paper, cans, bottles, sacks, boxes, cloths, ashes,
manure, or waste materials.
PARK.
Any public park, playground, trail, edifice, or recreation
area operated or maintained by the city as a part of its system of
public parks.
TRAIL.
Any public path that is operated or maintained by the city
as a part of its system of public parks.
VEHICLE.
Any motor driven device or vehicle, including motor vehicles,
motorcycles, motor bikes, or motor scooters.
WEAPON.
A bow and arrow, or any firearm, pistol, or gun capable of
projecting lead, or any other instrument in which the propelling force
is gunpowder, a spring, or air, or that is capable of being used for
the purpose of hunting.
(Ordinance 228-86-4-29, passed 4-29-86; Am. Ordinance 356-92-7-14, passed 7-14-92; Ordinance
831-06-06-13, passed 6-13-06; Ordinance 1414-19-11-12, passed 11-12-19)
It shall be the duty of the Police Chief and any other person
designated by the City Council, to enforce the provisions of this
subchapter.
(Ordinance 228-86-4-29, passed 4-29-86)
The parks shall, except as hereafter set out, be open for public
use from dawn until 10:00 p.m.; provided, however, that the trails
shall be open 24 hours a day for purposes of walking, hiking, jogging,
and bicycling. In case of an emergency, or for other good cause, a
park, or any part thereof, may be closed to the public by a city official.
(Ordinance 228-86-4-29, passed 4-29-86; Am. Ordinance 356-92-7-14, passed 7-14-92)
Except to the extent that a special permit has been granted pursuant to §
95.06, allowing conduct otherwise prohibited herein, it shall be unlawful for any person in a public park to:
(A) Drive
a vehicle on any area, except the paved park roads or parking areas,
or such areas as may on occasion be specifically designated as temporary
areas for the purpose of loading or unloading freight or in the construction,
maintenance, or repair of the parks;
(B) Throw,
deposit, place, or drop any litter, except in receptacles provided
for that purpose;
(C) Discharge
or use any form of weapon for the purpose of hunting, molesting, harming,
frightening, killing, trapping, pursuing, chasing, or teasing any
person, animal, wildlife, reptile, or bird;
(E) Expose
or offer for sale any goods, wares, merchandise, or articles;
(F) Bring
glass containers into public parks;
(G) Use
or be in a park when it is not open to the public;
(H) Use
a trail for purposes other than walking, hiking, jogging, or bicycling.
(I) Operate
a motorized vehicle on the city trail system unless the vehicle is
being used for emergency or trail maintenance purposes;
(J) Fail to keep an animal under an Animal Restraint or fail to exercise proper care and control of an animal to prevent it from becoming a public nuisance as described in §
90.02(A) of this code or allow any of the prohibited occurrences listed in §
90.30 of this code; or
(K) Create
or cause to be created a fire on any public land, unless the fire
is made in a barbeque grill.
(Ordinance 228-86-4-29, passed 4-29-86; Am. Ordinance 356-92-7-14, passed 7-14-92; Ordinance
831-06-06-13, passed 6-13-06 Penalty,
see § 10.99)
The City Manager, or his or her duly authorized designee, may
for good cause:
(A) Grant
a special permit allowing conduct otherwise prohibited by this subchapter;
and
(B) Impose
such terms and conditions on the permit holder as are deemed necessary
and desirable.
(Ordinance 228-86-4-29, passed 4-29-86; Am. Ordinance 356-92-7-14, passed 7-14-92 Penalty, see § 10.99)
Use fees and deposits for the reservation of any portion of
park land shall be established by resolution of the City Council.
(Ordinance 228-86-4-29, passed 4-28-86)
(A) Any
person found to be knowingly violating the provisions of this subchapter
shall be deemed guilty of a misdemeanor and, upon conviction, shall
be subject to a fine not less than $1.00 nor more than $500.00. Each
day of such violation may constitute a separate offense. The penalty
herein provided for shall be cumulative and not exclusive of any other
rights or remedies the city may have.
(B) It shall
be deemed a defense to a charge that this subchapter has been violated,
that the alleged violator:
(1) Has been granted a special permit pursuant to §
95.06 to engage in the conduct for which the alleged violator has been charged; or
(2) Is
an officer, employee, or agent of:
(a) The city, who is acting in his or her authorized capacity for the
city; or
(b) A contractor who is acting under authorization of the city.
(Ordinance 228-86-4-29, passed 4-29-86; Am. Ordinance 356-92-7-14, passed 7-14-92; Am. Ordinance 1019-09-10-13, § 2, passed 10-13-09 Penalty, see § 10.99)