Violations of this division shall be punished by a fine in accordance with the general penalty provision in 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 this state or of the United States. Each day any violation of this division shall continue is a separate offense.
(1987 Code, ch. 1, sec. 26G; 2001
Code, sec. 1.1207)
Where the provisions of this division conflict with the provisions
of any other ordinance for the conduct of city parks and recreation
facilities, the provisions of this division as to Smithville-LCRA
River Bend Park shall prevail.
(1987 Code, ch. 1, sec. 26H; 2001
Code, sec. 1.1208)
A park is hereby created, designated and established on that
certain tract of land in the county containing fifty (50) acres of
land, more or less, and being more particularly described in exhibit
A, which is on file in the office of the city secretary, as if incorporated
herein. The park is hereby named Smithville-LCRA River Bend Park.
Temporary and permanent signs at the park entrance, or a permanent
marker installed in the park, shall specify that the park is a cooperative
project between the city, the Lower Colorado River Authority and the
state parks and wildlife department.
(1987 Code, ch. 1, sec. 26A; Ordinance 9107-186 adopted 7/1/91; 2001 Code, sec. 1.1201)
(a)
The
park is designated for park, recreation and open space land use. Its
use shall be in conformity with the open space land use grant issued
by the state parks and wildlife department for the purchase and development
of the park and the interlocal operating agreement and mutual easement
agreement between the city and the Lower Colorado River Authority
governing the operation of the park.
(b)
No
part of the surface of the park shall be used for the development
of oil, gas, and any other minerals, and no portion of the surface
shall be used or occupied in conducting operations with respect to
the exploration for and production, processing, transporting, and
marketing of oil, gas, and any other minerals, and no person shall
for such purposes place any fixtures, equipment, buildings, or structures,
either permanent or temporary, on the surface of the park property.
(c)
All
utilities at the park shall be underground and approved by the state
parks and wildlife department.
(1987 Code, ch. 1, sec. 26B; 2001
Code, sec. 1.1202)
The city and its agents, servants and employees, and anyone
acting in concert with them, shall at all times comply with title
VI of the Civil Rights Act of 1964, and in accordance with title VI
of that act, no person shall, on the grounds of race, religion, color,
sex, or national origin, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination in the
use of the park.
(1987 Code, ch. 1, sec. 26C; 2001
Code, sec. 1.1203)
No person or entity shall be permitted to dump or dispose of,
at the park, any “hazardous waste” or “solid waste,”
as those terms are defined by the Resource Conservation and Recovery
Act, as amended by the Hazardous and Solid Waste Act (42 U.S.C., section
6901 et seq.) and the Texas Solid Waste Disposal Act (Tex. Health
& Safety Code Ann., section 361.001 et seq.) and the regulations
promulgated under such acts. Exception: This section does not apply
to park renters that have authorized use. It is an offense for any
person to deposit wastewater, sewage, or effluent from sinks, toilets,
or other plumbing fixtures directly on the ground or into the water.
(1987 Code, ch. 1, sec. 26D; 2001
Code, sec. 1.1204; Ordinance 2014-508 adopted 11/17/14)
(a)
Firearms and air guns.
No person shall intentionally
or knowingly possess, carry or discharge any firearm, air gun, or
any device designed, made or adapted to expel a projectile through
a barrel by using the energy generated by an explosion or burning
substance or compressed air or gases, or any device readily convertible
to that use.
(b)
Litter.
No person shall leave, drop, place, dispose
of, or deposit on the park premises any garbage, trash, refuse, sewage
or litter, except in receptacles designed and placed on the park premises
for such purpose. It shall be unlawful to leave, drop, place or deposit
on the premises any garbage, trash or litter that is generated outside
of the park premises. Sites must be kept clean at all times, including
cigarette butts. Dispose of trash daily.
(c)
Glass containers.
No person shall possess, carry, use
or dispose of any glass containers on the park premises.
(d)
Fires.
No person shall start or build, or attempt to
start or build, a fire except in specifically designated areas and
containers. Portable gas-fueled camp stoves, charcoal and gas grills,
and other portable cooking apparatus may be used in designated campsites
or picnic areas; however, it is an offense for any person to:
(1)
Build a fire when an extreme fire hazard has been posted by the department
or a burn ban has been instituted;
(2)
Light, build, or maintain a fire within the park except in a facility
or device provided;
(3)
Gather firewood except when authorized by permit;
(4)
Leave a fire unattended;
(5)
Possess within the park any fireworks, explosives, or similar devices
capable of explosion, or to discharge, set off or cause to be discharged
in or into the park any such device or substance, except with authorization
from the city manager.
(e)
Motor vehicles.
No person shall operate an unlicensed
motor vehicle in the park. Motor vehicles shall be permitted only
upon developed and designated roadways and parking areas on the park
premises. No parking on the grass or in unassigned parking areas.
No abandoned vehicles or repairs will be permitted on park premises.
(f)
Speed limit.
No motor vehicle shall be operated in the
park at a speed in excess of fifteen (15) miles per hour.
(g)
Camping.
No person shall camp on the park premises or
in any facility thereon, or set up any tent, shack, shed or other
shelter, or lay out any bedroll or other overnight sleeping equipment
on the park premises, without first having obtained a license or permit
as set forth hereafter. Other rules that apply:
(1)
Keep all personal property stored out of sight.
(2)
No outside appliances or “add-on” structures to any RV
or tent.
(3)
Sites must be kept clean at all times, including cigarette butts.
(4)
No personal items shall accumulate under or around your unit or site.
Keep your belongings stowed away, not lying around outside.
(5)
Dispose of your trash daily.
(6)
Quiet time is from 9:00 p.m. to 7:00 a.m., unless there is a permitted
event or function.
(7)
Check-in time is 12:00 noon.
(8)
Check-out time is 11:00 a.m.
(h)
Hunting and wildlife.
No person shall hunt or trap on
park premises. No person shall kill, wound, damage or destroy any
birds, mammals, nonpoisonous reptiles or vegetation on the park premises
except in the regular course of maintenance of the facilities. Do
not attempt to feed, capture or interact with wildlife or feral animals.
(i)
Sales.
No person shall peddle, solicit, sell or offer
for sale any food, goods, wares or merchandise without first having
obtained a license or permit as set forth hereafter.
(j)
Pets.
Dogs must be on a leash at all times. Carry plastic
bags along with you when walking your pet. Cleaning up after your
pet is your responsibility, including waste created by livestock and
horses. No dog shall be left outside when the owner is away from the
RV or during the night. Pets shall not bark excessively or make loud
noises.
(k)
Park boundaries.
Stay within the boundaries of the park.
Do not climb on or cross any fence.
(l)
Length of stay.
(1)
Maximum continuous stay for recreational vehicles is thirty (30)
calendar days unless authorized by the city manager. There must be
a fourteen (14) day waiting period before any previous thirty (30)
day camper can camp again.
(2)
Maximum continuous stay for tent camping is fourteen (14) days unless
authorized by the city manager. There must be a seven (7) day waiting
period before any previous fourteen (14) day camper can camp again.
(1987 Code, ch. 1, sec. 26E; 2001
Code, sec. 1.1205; Ordinance 2011-09-485 adopted 9/12/11; Ordinance
2014-508 adopted 11/17/14)
(b)
The
licenses, permits, privileges and/or concessions may govern and/or
allow:
(1)
The conservation, preservation and use of the park facilities;
(2)
The specific activities, including camping, swimming, boating, fishing
or other recreational activities;
(3)
The disposal of garbage, sewage or refuse;
(4)
The possession of pets or animals; or
(5)
The regulation of traffic and parking.
(c)
(d)
(1)
The issuance of the license, permit or concession may be conditioned
upon the person obtaining the same making a deposit or bond and/or
furnishing a certificate of insurance with the city as an additional
insured and in such amount as the city manager may in his or her discretion
require, and may be further conditioned upon the person obtaining
the license, permit or concession providing such security guards and
patrol as the city manager and the chief of police may in their discretion
require.
(2)
For all permitted uses, which includes the sale of alcoholic beverages,
a minimum of two (2) officers shall be required. In the event that
there is an expected occupancy for the use in excess of five hundred
(500) persons, a minimum of one (1) officer for every two hundred
and fifty (250) persons, or part of such number, over the first five
hundred (500) shall be required. For the purposes of this section,
an “officer” is defined as either a certified security
officer commissioned through the state private security board, or
a certified Texas peace officer.
(e)
The
application for a license, permit or concession must contain the following
information:
(1)
The name, street address, mailing address and telephone number of
the person, group or organization proposing the use;
(2)
The name, street address, mailing address, social security number,
driver’s license number, date of birth and telephone number
of the responsible private person;
(3)
The dates, times and areas of the proposed use;
(4)
The specific activities proposed for the use;
(5)
The premises, facilities, or the part of the premises or facilities
for which the use is proposed;
(6)
Whether or not the proposed use is to be exclusive;
(7)
Whether or not the sale, possession or consumption of alcoholic beverages
is proposed, and the sponsor of the license or permit granted by the
state alcoholic beverage commission or its successor department; and
(8)
Such other conditions as the city manager shall deem appropriate
to assist in the decision to grant such license or permit, considering
all relevant factors, including minimizing disturbance to surrounding
property or permitted spaces, avoiding traffic congestion, and for
the conservation, preservation and public enjoyment by others of the
premises and facilities.
(f)
The
non-exclusive use of any baseball, football, basketball, soccer or
other playing field or court shall not require a license or permit.
(1987 Code, ch. 1, sec. 26F; 2001
Code, sec. 1.1206; Ordinance 2011-09-485 adopted 9/12/11; Ordinance adopting
2020 Code)
