(a) 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.
(b) The
following enumerated acts are presumed to cause potential for injury
and are deemed unsafe and are prohibited on park property:
(1) Carrying or discharging any firearm or explosive of any kind, including
fireworks, excepting law enforcement officers, those with a valid
concealed handgun license and those who have received written consent
to do so from the city administrator;
(2) Batting outside of a baseball field, batting cage or an area with
proper netting;
(3) Shooting any projectile, paintball or golfing;
(4) Skateboards, roller skates, scooters, bicycles, etc. in the confined
area of the baseball complex or in pavilions;
(6) Use of any tobacco product, or to smoke or possess any burning tobacco
weed, plant or other tobacco product, including vapor smoking devices;
or
(7) Making or continuing to burn an open fire (including barbecue pits
and grills), exceptions by permit only.
(c) It
shall be unlawful for children under the age of ten (10) to be left
unaccompanied and without adult supervision while in any areas of
the park.
(Ordinance O-2019-0813-B adopted 8/13/19)
A person commits an offense if in any park or recreational area
he knowingly:
(1) Cuts,
breaks, defaces or in any way injures the trees, shrubs, plants, grass,
turf, fountains, seats, fences, structures, improvements, ornaments,
monuments, or property within or upon any of the public parks;
(2) Adjusts
or tampers with sprinklers, sprinkling valves, or sprinkling or irrigation
systems;
(3) Creates
or constructs any path without the express written consent of the
director or city administrator; or
(4) Hits
or throws balls or other hard objects against fences, or against baseball
or other backstops.
(Ordinance O-2019-0813-B adopted 8/13/19)
A person commits an offense if in any park or recreational area
he knowingly:
(1) Uses
or speaks 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;
(2) Interferes
or disrupts any game, league play, tournament or practice of any organized
sports association, or any city-sponsored or approved organized athletic
activity or special event;
(3) Uses
any abusive or profane language or gestures toward any coach, assistant
coach, trainer, manager, umpire, referee, player, or other official
during a practice, game or league play of any organized sports association
or any city-sponsored or approved organized athletic activity;
(4) Fails
to leave the game, field or facility, or to otherwise fail to comply
with the ejection order for any person ejected from a game, field
or facility by the umpire, referee, or other league play official.
(Ordinance O-2019-0813-B adopted 8/13/19)
(a) It
shall be unlawful for any owner, keeper, or person having the custody
or control of any animal to cause or permit such animal to go into
or upon the grounds of any park within the city, unless such dog is
led by some person and retained in custody by having such animal securely
fastened by means of a chain, rope, or strap.
(b) It
is the responsibility of any person having custody of any animal to
clean up any waste left by that animal.
(Ordinance O-2019-0813-B adopted 8/13/19)
(a) A
person commits an offense if in any park or recreational area he knowingly:
(1) Parks a commercial vehicle overnight;
(2) Parks a vehicle for the primary use of displaying advertising;
(3) Drives or operates a motor vehicle except in areas designed for such
use;
(4) Stops, stands, or parks a motor vehicle in any area not designated
as a parking space;
(5) 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
(6) 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 an exception to subsection
(a) above if the driving, stopping, standing, or parking:
(1) Was along a roadway, 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;
(4) Was performed by an employee of the city while in the course of his
official duties; or
(5) Was due to the temporary loading and unloading of the vehicle.
(Ordinance O-2019-0813-B adopted 8/13/19)
A person commits an offense if in any park or recreational area
he knowingly:
(1) Sells
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 city administrator
permitting the sale of such items. Application for such agreement
or permit shall be made to the office of the city secretary.
(2) Distributes
any handbills or circulars, or posting, placing or erecting any bills,
notices, papers or advertising of any kind without the express written
consent of the city administrator.
(Ordinance O-2019-0813-B adopted 8/13/19)
A person commits an offense if he consumes or possesses an alcoholic
beverage while in a public park or while on a public street, sidewalk,
or parking area adjacent to a public park.
(Ordinance O-2019-0813-B adopted 8/13/19)
(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.
(b) It is a defense to prosecution under subsection
(a) that the person:
(1) Is a city employee acting within the scope of his official duties;
(2) First obtained the written permission of the city authorizing a special
event; or
(3) Is part of the announcement of league play or an authorized sporting
event.
(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, amplified music 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 one hundred fifty (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 one hundred fifty (150) feet.
(Ordinance O-2019-0813-B adopted 8/13/19)
(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 unless as a part of a city sanctioned special
event.
(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.
(Ordinance O-2019-0813-B adopted 8/13/19)
A person commits an offense if in any park or recreational area
he knowingly:
(1) Swims
in Winchester Park Pond or off the banks of the Neches River in River
Park;
(2) Boats
on Winchester Park Pond;
(3) Fails
to follow the Texas Parks and Wildlife State rules;
(4) Fails
to follow fishing limits as set forth by Texas Parks and Wildlife;
(5) While
fishing on Winchester Park Pond, fishes by any other means than by
pole and line or exceeding the limit of two poles;
(6) Fails
to possess a state fishing license, if 17 or over; or
(7) Cleans
fish on property controlled by the city as a park.
(Ordinance O-2019-0813-B adopted 8/13/19)
A person commits an offense if in any park or recreational area
he knowingly:
(1) Throws
or deposits any bottle, metal objects, glass, paper, wood, clippings,
rubbish or garbage except in receptacles set out for that purpose;
or
(2) Carries
onto any park property any garbage, trash or other refuse.
(Ordinance O-2019-0813-B adopted 8/13/19)
A person commits an offense if in any park or recreational area
he knowingly:
(1) Loiters
in or around park restrooms;
(2) Puts
any object which is not normally used in those receptacles in sinks,
toilets or drinking fountains which is reasonably likely to clog or
plug the plumbing;
(3) Expectorates,
urinates, or defecates except into a toilet for that purpose; or
(4) Use
the restrooms and washrooms designated for the opposite sex if over
the age of six (6) years.
(Ordinance O-2019-0813-B adopted 8/13/19)