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 city 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.
(2001 Code, sec. 96.01)
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.
(2001 Code, sec. 96.02)
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.
(2001 Code, sec. 96.03)
(a)
It shall be unlawful for any owner, keeper, or person having the custody or control of any dog, cat, or fowl, as defined by section 2.01.001, to cause or permit such animal to go into or upon public property or parks within the city, unless such animal is led by some person and/or retained in custody by having such animal securely fastened by means of a chain, rope, strap, or enclosure.
(b)
During
a special event organized by the city, it shall be unlawful for any
owner, keeper or person having custody or control of any animal to
cause or permit such animal to go into or upon the public property
at which the event is taking place, unless the city manager or its
representative, upon request, grants a permit to allow the owner,
keeper or person having the custody or control of the animal to permit
such animal to go into or upon the public property at which the special
event is taking place, so long as such animal is led by some person
or retained in custody by having such animal securely fastened by
means of a chain, rope, strap, or enclosure.
(Ordinance 11-068 adopted 10/11/11)
(a)
A
person commits an offense if in any park or recreational area he knowingly:
(1)
Drives a motor vehicle;
(2)
Stops, stands, or parks a motor vehicle;
(3)
Parks a motor vehicle so as to obstruct 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) 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 city; or
(4)
Was performed by an employee of the city while in the course of his
official duties.
(2001 Code, sec. 96.05)
It shall be unlawful for any person to sell or offer for sale
any food, drinks, confections, merchandise, or services in public
park or recreation areas unless such person has a written agreement
with the city or a permit issued from the office of the city secretary
permitting the sale of such items. Application for such agreement
or permit shall be made to the office of the city secretary.
(2001 Code, sec. 96.06)
(a)
No
person shall sell, store, possess or consume an alcoholic beverage
in any city park, except as provided in this subsection. The term
“alcoholic beverage,” as that term is used in this section,
shall be defined as used in the Texas Alcoholic Beverage Code.
(b)
Notwithstanding the provisions in subsection (a), the city manager may issue a special event permit, for a period not to exceed 24 consecutive hours, to allow for the consumption, and/or possession of beer, in accordance with state law, for a city sponsored special civic event/special event involving athletic competition. In issuing such permit the city manager may designate an area within the city park for the serving and consumption of beverages under such permit and shall establish such hours. Possession or consumption of beer under such permit shall be limited to the registered active participants of the event. The city manager is further authorized to implement such other appropriate safety and control regulations. A special event permit fee under this subsection may be established by resolution of the city council.
(c)
A
person commits a class C misdemeanor if he/she consumes, possesses
or sales alcoholic beverages in violation of this section.
(Ordinance 13-013 adopted 3/11/13)
(a)
A
person commits an offense if he knowingly makes or causes to be made
any loud and raucous noise in any public park and recreation area
in the city.
(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, 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.
(2001 Code, sec. 96.08)
(a)
No
agent, servant, or employee of the city having supervision or jurisdiction
over any of the various city-owned parks may rent or allow the use
of any of said parks to any person for the purpose of engaging in
an enterprise for a profit.
(b)
This
section shall not apply to local civic, religious, and charitable
organizations. Said organizations shall make application to the city
secretary for the use of any such park, setting forth in said application
the name of the organization and its officers, the purpose for which
said 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 said
park. Local civic, religious, and charitable organizations shall be
deemed to mean such organizations functioning under the head of a
slate of local citizens as officers. The mayor is 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 said organizations are generally regarded.
(2001 Code, sec. 96.09)
(a)
City
Park shall open at 6:00 a.m. each day. City Park shall close at 11:00
p.m. each Sunday, Monday, Tuesday, Wednesday and Thursday. City Park
shall close 12:00 a.m. midnight each Friday and Saturday night.
(2001 Code, sec. 96.10)
(a)
It
shall be unlawful for any person to utilize or enter “the lake,”
for wading, swimming, bathing, or ice skating, unless such facility
is specifically authorized and permitted by the city.
(b)
It
shall be unlawful for any person to use any type of boat or personal
water craft (including but not limited to jet ski or wave runner),
surfboard, sailboard, water skis, flotation devices, scuba gear and
equipment, or any other water-recreation device and/or equipment on
“the lake.”
(c)
It
shall be unlawful for any person to seine for minnows or use a seine,
trap, net or trotline for any purpose within “the lake.”
(d)
The
city manager or lawful designee is directed to erect appropriate signs
within the city that would advise as to the prohibition against swimming
and bathing, the use of any boat or flotation device and also the
use of any trap, nets, seines or trotline at any time in “the
lake.”
Editor’s note–The preamble to Ordinance
10-036 defines “the lake,” as the lake at the Municipal
Center.
(Ordinance 10-036 adopted 10/12/10)
The schedule of fees as specified in the master fee schedule
which may be amended by resolution from time to time shall be paid
before use.
(1)
Reservation of park facilities, no park-sponsored event.
(A)
Reservation fee as specified in the master fee schedule which may
be amended from time to time, shall be paid to confirm a reservation
for the rental of park facilities at any time when there is no park-sponsored
event being held.
(B)
A refundable deposit as specified in the master fee schedule which
may be amended from time to time is required for all park facility
reservations.
(C)
Reservations may be made up to six months in advance and the deposit
must be paid at the time of the requested reservation. A twenty-four
hour written notice of cancellation must be given to the parks and
recreation department in order to receive a refund of the reservation
fee.
(2)
Use of park facilities during park-sponsored event.
(A)
A vendor permit is required for the use of the park facilities for
the purpose of selling concessions, wares, or services or soliciting
customers and/or donations during any park-sponsored event.
(B)
Vendor permits will be issued by the city’s parks department,
and must be obtained, and paid in full, at least twenty-four hours
prior to the park-sponsored event.
(C)
The cost for the vendor permit shall be specified in the master fee
schedule.
(D)
For purposes of this section, a park-sponsored event is any event
that is open to the public and is hosted by the city.
(Ordinance 12-037 adopted 9/10/12)
