A department of parks and recreation is hereby created. Such
department shall be under the control and direction of the city manager
or his duly appointed representative. The department shall assume
all responsibility for the operation of the parks and recreation activities.
(Ordinance 372, sec. 14, adopted 7/13/54; Ordinance 84-81, sec. 1, adopted 9/11/84; 1957
Code, sec. 12-13)
Compliance with the rules and regulations established in this
article is a condition of the use of the public parks and playgrounds
of the city and county, and any person charged with the supervision
and care of any park or playground, and any police officer, shall
have the authority to enforce such provisions by expulsion from the
grounds or area or by arrest of the violator.
(Ordinance 372, sec. 15, adopted 7/13/54; 1957 Code, sec. 12-14)
(a) 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.
(b) 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.
(c) 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)
(a) 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.
(b) 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.
(c) 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)
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)
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)
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)
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)
(a) 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.
(b) Offense.
Except as provided in subsection
(d) below, it is hereby declared to be a class C misdemeanor offense for a person to camp:
(1) 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
(2) In, upon, or at a public right-of-way including a sidewalk, street,
alley, highway, culvert, or any other public property.
(c) 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:
(1) 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.
(2) 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)
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)
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)
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)
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)
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)
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)
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)
(a) 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.
(b) 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.
(c) 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)
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)
(a) 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.
(b) 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)
(a) Definitions.
Inflatable play equipment.
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.
(b) Restriction
on use of inflatable play equipment in parks.
(1) Inflatable play equipment shall only be allowed within authorized
park areas designated by the director of parks and recreation.
(2) 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.
(c) Inflatable
play equipment rental company registration.
(1) 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.
(2) All inflatable play equipment rental companies shall carry a minimum
of $1,000,000 bodily injury insurance and $500,000 property damage
per occurrence. The city shall be named as an additional insured and
the policy shall contain an endorsement with a waiver of subrogation
in favor of the city. A copy of the insurance policy/certificate shall
be provided to the city.
(Ordinance 2010-34, sec. 1, adopted 11/23/10)
It shall be unlawful for any person, other than a peace officer
elected, employed or appointed under article 2.12, Code of Criminal
Procedures or other law, or a person licensed by the state under the
authority of subchapter H, chapter 411, Government Code, to carry
any weapon, including but not limited to a gun, pistol, airgun, bow
and arrow, or any other weapon as that term is defined by the Texas
Penal Code, within or across any city-owned park, playground or golf
course in the city.
(Ordinance 2011-24 adopted 6/28/11)