[1]
Editor’s note–Former division 2,
pertaining to the parks and recreation board and deriving from Ordinance
2001-02, sec. 1, adopted February 26, 2001, Ordinance 2006-01, sec.
1, adopted January 9, 2006, and Ordinance 09-615, sec. 2, adopted
December 14, 2009, was deleted in its entirety by Ordinance 11-649
adopted by the town on August 8, 2011.
For the purposes of this division, unless otherwise apparent
from the context, certain words and phrases used in this division
are defined as follows:
Events approved by the town council, which are the subject
of a farmers market agreement in a form adopted by a resolution of
the town council, to take place during specified dates and times,
and which are available to the public. At least 30% of the vendors
participating in a farmers market must sell produce or food items
or beverages or consumable items.
Any land that the town owns, holds, or claims as a public
park or recreation area.
The town employee, designated by the city manager, who is
responsible for the park.
The city manager, his authorized representative or the park
superintendent shall set aside in a conspicuous place(s) in the park
and recreation areas of the town, and in a location convenient to
the general public, a sign, bulletin board or similar device upon
which shall be posted such rules or regulations as the city manager
may deem appropriate, and all special instructions, orders and other
matters related to such rules and regulations.
(Ordinance 2001-04, sec. 1 (12.16.010),
adopted 3/12/01; Ordinance
20-857 adopted 6/22/20)
Compliance with the rules and regulations of this division is
a condition of the use of the parks and recreation areas of the town.
This division may be enforced by any peace officer of the town. A
citation may be issued by those officers for violation of any rule,
regulation, order, or requirement or any ordinance or general law
relating to the maintenance of the park and recreation area of the
town.
(Ordinance 2001-04, sec. 1 (12.16.050),
adopted 3/12/01)
(a)
It
is unlawful for any person to cut, deface or mark any park property,
or to handle, cut, pluck, injure, damage or destroy any natural or
artificial improvement in any park or recreation area.
(b)
No
person shall cut, carve, paint, mark or post or fasten on any tree,
fence, wall, building, monument, rock or other natural formation,
or other property in any park or recreation area any bill, advertisement
or inscription unless authorized by the city manager or park superintendent.
(c)
It
is unlawful for any person to frighten, annoy or injure, or attempt
to frighten, annoy or injure, any bird or other animal in any park
or recreation area.
(d)
It
is unlawful for any person to deposit paper, glass, metal, litter
or trash of any description on any lawn, driveway, path or any other
place in any park and recreational area except in receptacles provided
therefor.
(e)
It
is unlawful for any person to sell or offer for sale any goods, wares,
services or merchandise within any designated park or recreation area
without prior written permission of the city manager, his authorized
representative, or the town council.
(f)
It
is unlawful for any owner or person in control of any dog to keep
or permit the same in or about any park or recreation area unless
such dog is kept under restraint at all times by means of a leash.
Any owner or person in control of any animal in the park area who
allows such animal to eliminate in the park is required to clean up
after the animal.
(g)
It
is unlawful for any person to wash a vehicle in any park or recreation
area not designated for that purpose.
(h)
It
is unlawful for any person to wade, swim or fish within any park or
recreation area unless said area is designated by the park superintendent
for such activities or purposes.
(i)
No
person shall climb on any monuments, statues, building, or other improvement
in any park or recreation area unless said area is designated by the
park superintendent for such purpose.
(j)
No
person shall light, build or maintain a fire within the park and recreation
area, except in a camp stove or a fireplace provided or designated
for such purpose.
(k)
No
person may carry or possess a concealed handgun in a town park unless
that person holds a license to carry a concealed handgun pursuant
to subchapter H, chapter 411 of the Texas Government Code, or any
successor statute. No person shall carry, possess, or discharge a
bow and arrow, or airgun weapon, or any device capable of injuring
or killing any animal or person, or damaging or destroying any public
or private property, within the park or recreation area.
(l)
No
person shall possess, discharge, set or cause to be discharged any
firecrackers or explosives of any kind without written authorization
from the fire chief.
(m)
No
intoxicating liquors or beverages may be sold or publicly consumed
within the town park or portion thereof.
(n)
No
person shall drive, ride, lead or keep an equine, bovine, or exotic
animal, as defined in the town’s animal control ordinance, in
the park or recreation area unless authorized by the park superintendent.
(o)
Unless
otherwise posted, hours during which time the park is open to the
public are seven a.m. to ten p.m. This section shall not apply to
lit trails or paths.
(p)
No
person shall camp or be permitted to stay overnight unless otherwise
authorized by the chief of police or his designee.
(Ordinance 2001-04, sec. 1 (12.16.020),
adopted 3/12/01)
Park pavilions and gazebos may be reserved by application and payment of a deposit/fee as set by the fee schedule in appendix A of this code.
(Ordinance 2001-04, sec. 1 (12.16.030),
adopted 3/12/01)
(a)
No
person shall drive or propel any motorized vehicle in, over or through
any park or recreation area except along and upon park drives, streets
or boulevards or the other areas designated for driving purposes.
(b)
It
is unlawful for any person to stop, stand or park any vehicle or permit
any such vehicle to stop, stand or park within the confines of any
park or recreation area, except such as may be necessary for park
visits or such as may be due to accidental or temporary mechanical
failure of such vehicle. If any motor vehicle is found within the
confines of a park or recreation area in violation of any provision
of this subsection or this division and the identity of the operator
of such vehicle cannot be determined, the owner of the vehicle in
whose name such vehicle is registered shall be held prima facie responsible
for such violation, and the vehicle is subject to being towed and
impounded.
(Ordinance 2001-04, sec. 1 (12.16.040),
adopted 3/12/01)
(a)
The
town council has determined that farmers markets in the Town’s
Bicentennial Park will serve residents of the town and the larger
community by promoting economic development, supporting the local
economy, enhancing recreational opportunities, encouraging healthy
and sustainable living, creating a more positive image of the town
and its citizens within the town and within the larger community.
(b)
A
farmers market shall be operated only after a farmers market agreement
has been entered by the operator of the farmers market and on behalf
of the town by the city manager or parks superintendent in a form
approved by the town council on dates and pursuant to a site plan
and operational plan approved by the town council.
(c)
Notwithstanding any provisions of this codes, section 1.11.073 to the contrary, during farmers markets, sales of alcohol (limited to beer and wine) are allowed so long as such sales comply with state law and regulations. In addition, possession or consumption of alcohol is allowed by an adult who purchased the alcohol (limited to beer and wine) at the farmers markets so long as such possession or consumption complies with state law and regulations.
(d)
Notwithstanding any provisions of this code, section 1.11.073 to the contrary, during farmers markets sales of goods, wares, services or merchandise are allowed by vendors who are operating pursuant to a farmers markets agreement.
(e)
Notwithstanding any provisions of this code, section 1.11.075 to the contrary, in connection with preparing for, operating or concluding farmers markets, the city manager or park superintendent or their designee may authorize operation of motor vehicles on areas that are not drives, streets, boulevards or other designated areas so long as such operation is determined to be unlikely to harm or damage the areas where the motorized vehicle will be operated. In the event such operation of a motorized vehicle causes damage to any park facility or property (including the grounds or turf), and even if such operation has been approved in advance, the motorized vehicle operator and the farmers markets operator shall both be responsible for the reasonable cost and expense of repairing any damage.
(f)
The
town reserves the right to limit the number of farmers markets operated
in Bicentennial Park taking into account the impact on access to the
park for its usual purposes, the wear and tear on park facilities,
the public safety resources of the town, public events the town itself
may plan for the park, or any other reasonable limits and factors
as determined by the city manager or park superintendent.
(Ordinance 20-857 adopted 6/22/20)
