Any person found to be guilty of violating the provisions of this division shall be subject to the penalties as prescribed in section 1.01.009 of this code.
(2000 Code, sec. 18-56)
Compliance with the rules and regulations of this division is a condition precedent to the use of the public parks and playgrounds of the city, and any person charged with the supervision and care of said parks and playgrounds and law enforcement officers shall have authority to enforce the provisions of this division by expulsion from said parks or playgrounds or by arrest of the offender if such official is a law enforcement officer.
(2000 Code, sec. 18-52)
It shall be unlawful for any person in any public park or playground to:
(1)
Enter into, remain, or use any portion of the public park or playground between the hours of 12:00 midnight and 7:00 a.m. unless duly authorized by the city manager or his designated representative.
(2)
Use any park areas of any public park or playground for camping, tenting or recreational vehicle parking except in those areas specifically designated and authorized by the superintendent of parks.
(3)
Leave a designated area before any outdoor fire is completely extinguished and before all trash in the area is placed in a trash receptacle or otherwise removed and properly disposed of.
(4)
Build or attempt to build a fire, except in fireplaces, barbecue pits or other such areas as are permanently fixed to the ground and under such regulations as may be so designated by the park superintendent in the interest of safety.
(5)
Use any park or playground in an area not designated as a camping area as a permanent or temporary residence. Evidence of residence includes, but is not limited to, cooking, sleeping or use of the restroom facilities in such a manner as to indicate the act of or fact of residing.
(2000 Code, sec. 18-51)
It shall be unlawful for any person within a public park or playground to commit or do any of the following acts:
(1)
Play at any game of baseball, softball, football, golf, archery or other games of like character in any park or playground except at the places set apart and designated as grounds therefor.
(2)
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 water of any pool, lake or river in any park within the city except at the places set apart and designated therefor.
(3)
Swim, bathe or wade in any water, pool, lake or river in any park within the city except at the places set apart and designated as grounds therefor.
(4)
Fish in any water, 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)
Ride, drive or propel any bicycle, motorbike or motor scooters over or through any park within the city except along or upon park drives, parkways or park boulevards or upon grounds set apart and designated as grounds therefor.
(6)
Fly, launch, land or operate any unmanned aircraft including a model airplane, hot air balloon, helicopter, glider, unmanned aerial vehicle (drone), or any component of an unmanned aircraft system 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.
(7)
Carry a concealed handgun, as that term is defined in section 8.01.004 of this code, in a city park, except those persons who are duly licensed by the state to carry a concealed handgun in accordance with the provisions of the Texas Concealed Weapons Act.
(8)
Carry or discharge firearms (unless permitted under subsection (7) above), fireworks, airguns, bows and arrows, slingshots or any device which would or could project any object which would or could create a fire hazard or any hazard or danger to the public, except with written approval of the parks and recreation director.
(9)
Ride, lead or have any livestock activity in any park or playground except at places set apart and designated as grounds therefor. Exceptions may be granted by the city manager or his/her designee upon written request.
(10)
Float, launch, dock or operate any unmanned boat including a model boat, sailboat, raft, canoe or sailboard at that portion of Travis Trussell Park south of West 10th Street and west of Ennis Street known as Travis Trussell Pond.
(2000 Code, sec. 18-53; Ordinance 19-3689, sec. 1, adopted 3/26/19; Ordinance 19-3689, sec. 2, adopted 3/26/19)
The park superintendent may grant exceptions to allow any of the activities prohibited in section 1.13.064 upon written request. Said request shall include the specific activity planned, the date and duration of the activity, and the park at which the activity is planned. The park superintendent shall have the right to request further information and the applicant shall produce such. The park superintendent shall have the right to impose reasonable restrictions and duties upon the applicant’s request. The park superintendent shall grant or deny the request in writing within 3 (three) working days from the date he/she receives such request.
(2000 Code, sec. 18-54)
(a)
If the application for an exception under section 1.13.065 is denied, or granted with restrictions unacceptable to the applicant, the applicant shall have the right to appeal such decision to the city manager’s office. Said appeal must be made in writing within two (2) working days from the date of the park superintendent’s decision. If no appeal is made within the above time frame, the park superintendent’s decision shall be final.
(b)
Upon proper receipt of an appeal, the city manager, or his designate, may call a hearing and consider evidence offered by any interested person. The formal rules of evidence do not apply at the hearing; the city manager shall make his decision based upon the preponderance of the evidence presented at such hearing, if a hearing is held. If a hearing is not called, the city manager or his designate shall make a decision based upon the preponderance of evidence presented in writing. In any event, the city manager or his designate shall issue a decision in writing within three (3) working days from the date the application for appeal was received. The decision shall be final and may affirm, deny, or modify the decision of the park superintendent.
(2000 Code, sec. 18-55)