City of Odessa, TX Generally

All public parks within the corporate city limits administered by the city parks and recreation department shall be closed to public use between the hours of 11:00 p.m. and 6:00 a.m., each night of the week, except as hereinafter provided.

It shall be unlawful for any person or group to be in any public park between the hours of 11:00 p.m. and 6:00 a.m. Moreover, it shall be unlawful for any person or group to have any motorized vehicle in any public park during hours in which such parks are closed to public use. Such curfew and restrictions shall apply to the park area proper and any parking lot of the park adjacent to park grounds. Such curfew and restrictions shall not apply to public thoroughfares traversing the park grounds, if any, nor to streets adjacent to said parks, unless traffic regulations otherwise so restrict such activity and use of said streets.

Restrictions recited in subsection (b) above shall not apply to any individual or group participating in an activity or program approved for after-hours by the city parks and recreation department. Such approval must be obtained by submission of written application to the parks and recreation department no fewer than thirty (30) days before the event or activity for which after-hours approval is sought or as otherwise authorized by the director of parks and recreation.

(d)

The city parks and recreation department shall post signs at each park location in such place and manner as is reasonably calculated to provide adequate and proper notice to park patrons regarding these regulations, hours of operation for the parks, and times during which the parks are closed to public use.

(e)

Any person who is conducting or participating in an activity in the park during hours which are prohibited by and contrary to the provisions of this article shall be guilty of a misdemeanor; any police officer shall have the authority to enforce provisions of this article by removal of the violator from the grounds or area or by the issuance of a citation or arrest of the violator.

(Ordinance 85-82, sec. 1, adopted 10/22/85; 1957 Code, sec. 12-18.1)

§ 1-13-4 Sale of goods or events charging admission.

It shall be unlawful for any person within a park to sell or offer for sale any goods, wares or merchandise or to charge any fee for admission without the written permission of the director of parks and recreation.

Permission under this section may be granted by the director of parks and recreation only if the event or sale held within a park is conducted for a charitable or civic purpose.

The director of parks and recreation may establish reasonable guidelines in implementing this section.

(Ordinance 372, sec. 2, 7/13/54; Ordinance 90-25, sec. 1, adopted 4/24/90; 1957 Code, sec. 12-1)

§ 1-13-5 Peddling, soliciting or engaging in other trades.

It shall be unlawful for any person to act as, or ply the vocation of, a solicitor, agent, peddler, fakir, mendicant, beggar, strolling musician, organ grinder, exhorter or showman in any park or playground of the city or county unless with permission of, or by contract with, the city-county park director.

(Ordinance 372, sec. 3, adopted 7/13/54; 1957 Code, sec. 12-2)

§ 1-13-6 Practicing golf.

It shall be unlawful for any person to practice golf in any park not designated for that purpose.

(Ordinance 372, sec. 4, adopted 7/13/54; 1957 Code, sec. 12-3)

§ 1-13-7 Tethering or pasturing animals.

It shall be unlawful for any person to tether or pasture any cow, horse, mule, fowl or domestic animal in or upon any park or playground.

(Ordinance 372, sec. 5, adopted 7/13/54; 1957 Code, sec. 12-4)

§ 1-13-8 Disorderly conduct.

It shall be unlawful for any person to use any boisterous, insulting or profane language, or to engage in disorderly, lewd or lascivious conduct of any kind, in any park or playground.

(Ordinance 372, sec. 6, adopted 7/13/54; 1957 Code, sec. 12-5)

§ 1-13-9 Camping. [1]

Definitions.

The following terms shall have the meanings shown.

Camp or camping.

Includes to stay or sleep in, or a property overnight (during the hours between 11:00 p.m. to 6:00 a.m.) There is no required or minimum equipment or supplies necessary to constitute the act of camping.

Municipal facility.

Includes, for purposes of this section, every structure, building, or land owned by the city for the purposes of conducting business or operation of municipal government, and includes all accessory areas such as but not limited to porch, steps, ramps, grounds, walks, lawn, yard, plaza, parking lot. It includes but is limited to city hall, libraries, police and fire stations, civic/convention center complex; fleet service center, water towers, water and sewage treatment plants and parks.

Public property.

Such places as defined in "municipal facility" above, but which are owned or controlled by another government entity.

Offense.

Except as provided in subsection (d) below, it is hereby declared to be a class C misdemeanor offense for a person to camp:

In, upon, or at a municipal facility; excluding designated sleeping quarters provided for public employees or volunteers for their use within the scope of their duties; or

In, upon, or at a public right-of-way including a sidewalk, street, alley, highway, culvert, or any other public property.

Abatement.

Camping in, upon, or at a municipal facility or public property in violation of this section is a nuisance that may be abated by removal of tents, bedding, or and other personal belongings or equipment.

(d)

Exceptions.

It is an affirmative defense to prosecution that a person was camping:

By temporarily parking a recreational vehicle, bus, pick-up camper, travel trailer, or similar vehicle or trailer in a lawful manner, time, and place on a public street in accordance with applicable state law and city ordinance.

With the written permission of the city or the public entity that owns or controls the property.

(3)

In any areas of a park designated as camping areas in strict compliance with the rules of such areas.

(Ordinance 2023-31 adopted 11/28/2023)

[1]

Editor's note–Former § 1-13-9 pertaining to lounging or sleeping in park when closed to public, was repealed and replaced with similar provisions by Ordinance 2023-31 adopted 11/28/2023. Prior to the deletion this section derived from the following: Ordinance 372, sec. 7, adopted 7/13/54; 1957 Code, sec. 12-6.

§ 1-13-10 Posting or erecting signs.

It shall be unlawful for any person to place or erect any structure, sign, bulletin board, post, pole or advertising device of any kind whatever in any park or playground or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, fence, railing, post or structure without the written approval of the director of parks and recreation. The director of parks and recreation shall develop written guidelines which shall be used to determine when such approval shall be granted.

(Ordinance 372, sec. 8, adopted 7/13/54; Ordinance 90-60, sec. 1, adopted 10/9/90; 1957 Code, sec. 12-7)

§ 1-13-11 Injuring or removing property.

It shall be unlawful for any person to remove, destroy, mutilate or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, tree, shrub, fern, plant, flower or other property in any park or playground.

(Ordinance 372, sec. 9, adopted 7/13/54; 1957 Code, sec. 12-8)

§ 1-13-12 Driving vehicles or animals.

It shall be unlawful for any person to drive or propel any vehicle or drive any horse or other animal in, over or through any park, excepting along and upon park drives, park ways or boulevards, or other areas designated for that purpose, or to drive or propel along or over any park drives or park ways any heavily laden vehicles, or any such vehicle or animal carrying merchandise, goods, material or rubbish, or any milk wagons, market wagons, dirt carts, moving vans, drays or trucks.

(Ordinance 372, sec. 10, adopted 7/13/54; 1957 Code, sec. 12-9)

§ 1-13-13 Entering restricted or closed area.

It shall be unlawful for any person to enter any area designated as restricted, or to enter any area during the hours of the day it is not open to the public.

(Ordinance 372, sec. 11, adopted 7/13/54; 1957 Code, sec. 12-10)

§ 1-13-14 Swimming and water sports.

It shall be unlawful for any person to swim, wade, dive, or float or to operate any type of sailing craft in or on any pond, reservoir or holding tank located in any public park. This section shall not be construed as having any application to any regular swimming pools which are officially operated by the parks and recreation department for public swimming purposes.

(Ordinance 76-104, sec. 1, adopted 7/27/76; Ordinance 84-81, sec. 1, adopted 9/11/84; 1957 Code, sec. 12-10.1)

§ 1-13-15 Unlawfully entering swimming pool.

It shall be unlawful for any person to enter any swimming pool during the hours in which such pool is closed to the public, and unless there is a duly authorized and appointed lifeguard in attendance.

(Ordinance 372, sec. 12, adopted 7/13/54; 1957 Code, sec. 12-11)

§ 1-13-16 Washing vehicles.

It shall be unlawful for any person to wash any vehicle on or in any park, or portion thereof, not designated for that purpose.

(Ordinance 372, sec. 13, adopted 7/13/54; 1957 Code, sec. 12-12)

§ 1-13-17 Training guard dogs.

It shall be unlawful for any person to train a guard dog in a city park without first obtaining a permit granted by the director of parks and recreation.

In granting a permit under this section, the director of parks and recreation shall have the authority to specify the time during which the training of guard dogs shall occur, the place of the training, and other conditions necessary to protect the public. Each permit shall be granted for a term of one (1) year and shall begin upon the date of issuance. The director of parks and recreation shall also have the authority to terminate any permits upon noncompliance with any of the provisions of this section or to terminate any permits upon public necessity.

All guard dog training allowed by permit shall be conducted in a manner which will protect the safety of all participants, bystanders and other persons in the park or vicinity of the park in which the training will occur. Care should be taken to ensure that all animals involved in the training shall be properly restrained, and the training area shall be enclosed by a fence or other means of equal security.

(d)

The term “guard dog training” in this section shall mean the training of any dog of any breed for the purpose of protecting persons or property or for the purpose of conducting investigations.

(e)

This section shall not apply to guard dog training given by the members of any police or sheriff’s department.

(Ordinance 88-99, sec. 1, adopted 11/22/88; 1957 Code, sec. 12-18.2)

§ 1-13-18 Bicycles, roller skates and skateboards prohibited in Noel Heritage Plaza.

It shall be unlawful for any person to use a bicycle, roller skates or a skateboard in Noel Heritage Plaza.

(Ordinance 90-48, sec. 1, adopted 8/14/90; 1957 Code, sec. 12-18.3)

§ 1-13-19 Access to park facilities.

The city may, at its discretion, temporarily prohibit, restrict the use of, or limit access to public park facilities for reasons deemed necessary by the director of parks and recreation or his authorized representative. These reasons include, but are not limited to, making repairs, performing maintenance and honoring agreements with athletic associations. In the event that such a restriction or limitation is placed on the use of park facilities the director of parks and recreation shall place a sign notifying the general public of the restriction or limitation.

It shall be unlawful for any person to enter upon or to remain at any park facility or park property within the city, after being advised by posted notice, park personnel, or police officer that access to the park facility is prohibited or restricted.

(Ordinance 2010-33, sec. 1, adopted 11/23/10)

§ 1-13-20 Use of inflatable play equipment in city parks.

Inflatable play equipment.

Definitions.

Any soft bouncing unit or inflatable screen, constructed out of heavy duty vinyl which is laid out like a tent on the ground and formed into a soft bouncing area with walls when filled with a continuous air flow.

Inflatable play equipment rental company.

Any company or business who, for a fee, shall offer the use of inflatable play equipment to any individual, group or organization for amusement purposes, including, but not limited to, enjoyment for children at private parties.

Park.

Any city-owned park, open space or recreational area, including, but not limited to those parks listed in section 1-13-53.

Restriction on use of inflatable play equipment in parks.

Inflatable play equipment shall only be allowed within authorized park areas designated by the director of parks and recreation.

Inflatable play equipment shall be hand carried or hand trucked into and out of park property. In no event shall the use of motor vehicles be permitted for the set up of inflatable play equipment in violation of this code.

(3)

Inflatable play equipment with water slides or water features is hereby prohibited on any park property.

(4)

Users of inflatable play equipment must provide their own power source for the inflatable play equipment.

(5)

All inflatable play equipment deemed unsafe by the director of parks and recreation or his authorized representative shall be immediately removed from park property or relocated as directed by the city.

Inflatable play equipment rental company registration.

All inflatable play equipment rental companies shall register with the city parks and recreation department prior to providing for the use of inflatable play equipment on park property and provide a copy of the annual inspection certificate obtained from the Texas Department of Insurance.