Land shall not be deemed to be owned, held or claimed as a city
park unless the city council takes action by ordinance or resolution
to create and establish the land as a city park.
(Ordinance 722-06 adopted 3/28/06)
(a) Determination.
Based on activities conducted and neighborhood
compatibility, the director of public works shall determine the hours
that each city park is open to the public.
(b) Placement of signs.
The director of public works shall
post signs at each city park containing notification of the hours
that the park is open to the public. The signs shall be placed in
conspicuous places, and the lettering shall be at least two inches
in height. Unless otherwise posted by the director of public works,
the hours during which city parks are open to the public are 7:00
a.m. to 11:30 p.m.
(c) Entrance during closed hours.
A person commits an offense
if the person enters a city park during a time when the city park
is not open to the public.
(d) Exception.
Subsection
(c) of this section does not apply to a person who is an employee of the city performing duties assigned by the city.
(Ordinance 447 adopted 5/24/94)
(a) Definition.
As used in this section, “vehicle”
means every device in, upon, or by which a person or property may
be transported or drawn, including but not limited to automobiles,
bicycles, motorcycles, mopeds, trucks, carriages, and carts.
(b) Driving on roadways.
A person commits an offense if
the person drives or propels a vehicle within a city park, except
upon those portions of the park which have been designated as a roadway,
street, or parking lot.
(c) Speed limit.
The speed limit for motor vehicles and
human-propelled vehicles in city parks is 10 miles per hour. Operation
of a vehicle at any speed in excess of 10 miles per hour shall be
prima facie evidence that the speed is not reasonable and prudent
under the conditions then existing.
(d) Parking.
A person commits an offense within a city park
if:
(1) The person parks a motor vehicle at a place that is not a designated
parking area within the city park;
(2) The person parks a motor vehicle at a place that is a dedicated parking
area within the city park for any other purpose other than for use
of the city park; or
(3) The person parks a motor vehicle overnight at a place that is a dedicated
parking area within a city park that is posted with appropriate signs
in conspicuous locations as designated by the police chief indicating
“Restricted Parking Except During Park Hours.” Irrespective
of said sign, such prohibitions as herein listed and described in
this subsection are prohibited and declared unlawful.
(e) Signs.
The director of public works shall post signs
in city parks to reasonably notify the public of the speed limit and
the location of designated parking places.
(f) Exception.
Subsections
(b) and
(c) do not apply to a person who is an employee, contractor, or volunteer of the city performing duties assigned by the city.
(g) Other exceptions.
(1) Exception to subsection
(d).
During special city park
events due to crowd overflows creating limited designated parking
places, the police chief shall have the authority to establish and
designate temporary parking areas for motor vehicles during a set
time period; and
(2) Subsection
(d) of this section does not apply to a person who is an employee, contractor, or volunteer of the city performing duties assigned by the city.
(Ordinance 447 adopted 5/24/94; Ordinance 783-08, sec. 1, adopted 4/22/08; Ordinance 783-08, sec. 2, adopted 4/22/08)
(a) Definitions.
The following words and terms when used
in this section shall have the meanings defined as follows:
Alcoholic beverage.
Has the meaning assigned in section 1.04, Alcoholic Beverage
Code as follows: Alcoholic beverage means alcohol, or any beverage
containing more than one-half of one percent of alcohol by volume,
which is capable of use for beverage purposes, either alone or when
diluted.
Burning.
The lighting or combustion of a tobacco product.
Concealed handgun.
A handgun, the presence of which is not openly discernible
to the ordinary observation of a reasonable person.
Concession stand.
The serving counter of any facility, which sells or serves
to the public any type of food or drink intended for human consumption.
Firearm.
Any device designed, made, or adapted to expel a projectile
through a barrel by using the energy generated by an explosion or
burning substance or any device readily convertible to that use.
Handgun.
Any firearm that is designed, made, or adapted to be fired
with one hand.
Pets.
Is defined as being domesticated animals including, but not
limited to a cat, dog, and any other species of animal which is retained
in a household.
Service animal.
Any animal that has been individually trained to provide
assistance or perform tasks for the benefit of a person with a physical
or mental disability which substantially limits one or more major
life functions.
Smoking.
Emitting or exhaling the smoke of burning tobacco, weed,
or other plant or tobacco product.
Tobacco product.
Any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco,
snuff or any other form of tobacco, which may be utilized for smoking,
chewing, inhalation or other manner of ingestion or absorption.
(b) Carrying firearms prohibited.
When notice is posted,
a person, including a person licensed to carry a concealed handgun,
shall not carry a firearm (Penal Code, section 30.06(c)(3)(B)):
(1) Penal Code, section 30.06(c)(3)(A) requires that a written communication
contain the following language: Pursuant to section 30.06, Penal Code
(trespass by holder of a license to carry a concealed handgun) a person
licensed under subchapter H, chapter 411, Government Code (concealed
handgun law), may not enter this property with a concealed handgun.
(2) This section does not apply to a peace officer.
(c) Smoking or use of tobacco products in certain areas of city parks.
A person commits an offense if the person uses any form of tobacco
product for smoking, burning, chewing, inhalation or other manner
of ingestion or absorption:
(1) Within 25 feet of a bleacher in a city park; or
(2) Within 25 feet of a concession stand, or in line for service at a
concession stand in a city park.
(d) Consumption or possession of alcoholic beverages.
(1) A person commits an offense if the person consumes any alcoholic
beverage, or possesses such alcoholic beverage, in any city park.
(2) Appropriate signs indicating such prohibition shall be posted at
each entrance to each park, but irrespective of said sign, such possession
of alcoholic beverages as here listed and described is prohibited
and declared unlawful.
(e) Pet prohibitions.
A person commits an offense if the
person or pet owner permits:
(1) Pets within posted and secured fenced in areas of certain designated
park properties of the city specifically including:
(A) Both fenced ball fields at McGee Park; and
(B) On the skate park located in Wooldridge Park.
(2) Pet waste from their pet to be left on park grounds without properly
removing and disposing of it.
(f) Posting of signage indicating prohibitions.
The city
manager or designee shall cause conspicuous signs to be posted on
each bleacher and on each concession stand containing the following
prohibitions:
(1) No smoking or other language that clearly prohibits smoking and includes
the universal symbol for no smoking.
(3) No firearms as provided for in the Penal Code, section 30.06(c)(3)(B).
(5) Designated area where pets are prohibited shall be posted with signage
that states “pets prohibited.”
(g) Exceptions.
(1) Legally blind.
Persons that are determined to need a
service animal in order to provide assistance or perform tasks for
the benefit of a person who is legally blind are exempt from the provisions
and prohibitions of this article. All service animals must remain
under a responsible person’s control and on a leash at all times.
(2) Other handicaps.
Persons that are determined to need
a service animal in order to provide assistance or perform tasks for
the benefit of a person with a physical or mental disability which
substantially limits one or more major life functions. All service
animals must remain under a responsible person’s control and
on a leash at all times.
(3) City council authority.
The city council has the authority
to consider requests and waive the provisions and prohibitions of
this article for special community events and to prohibit pets in
other designated fenced in areas of the park when deemed to be a possible
health hazard and in the best interest of the public.
(h) Penalty.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this section shall be fined not more than the amount stated in section
1.01.009 of this code for each offense.
(Ordinance 921-2012 adopted 4/10/12; Ordinance 1239-2019, sec. 6, adopted 8/13/19)