The purpose of this article is to regulate the use of city property in a manner that protects the public health, safety, and welfare and preserves the investment that the city has made in its property.
(1995 Code, sec. 63.001)
When used in this article, the following definitions shall apply unless the context clearly indicates otherwise:
Aircraft.
Any weight-carrying structure for navigation in the air and which obtains support by the dynamic reaction of the air to any obstruction connected with the structure. Gliders or ultralights, either powered or unpowered, helicopters, paramotors, paragliders, hot air balloons and airships will be considered aircraft.
Alcoholic beverage.
Any beverage containing more than one-half of one percent alcohol by volume and that is capable of use for beverage purposes, either alone or when diluted.
Alcoholic beverage prohibited area.
The public area that the city council has designated on the map on file in the city secretary’s office.
Glass container.
Any glass receptacle, closed or capable of being closed.
Glass container prohibited area.
All public parks in the city limits.
Park.
A parcel of land dedicated and used as parkland, or city-owned land used for a park or recreational purpose.
Sidewalk.
A public right-of-way intended for pedestrian use that is not being used as a street or road and that is generally located between the curb or edge of the street or road and the adjacent property line.
(1995 Code, sec. 63.002; Ordinance adopting Code; Ordinance 2020-O-557 adopted 6/11/20)
(a) 
Declaration of nuisance.
The city declares the use of bicycles, roller blades, skateboards, roller skates, or other similar means of travel on the sidewalks and walkways adjacent to and surrounding municipal buildings to be a public nuisance because of the threat to public health, safety, and welfare. These sidewalks and walkways have limited sight views, heavy pedestrian traffic, or a use that is incompatible with persons traveling on bicycles, roller blades, skateboards, roller skates, or other similar means of travel.
(b) 
Prohibition.
A person shall not travel on a bicycle, roller blades, skateboard, roller skates, or other similar means of travel on the walkways adjacent to or surrounding municipal buildings.
(1995 Code, sec. 63.020)
(a) 
Prohibition.
It is unlawful for any person to consume an alcoholic beverage or have an alcoholic beverage in his or her possession, custody, or control in any alcoholic beverage prohibited area.
(b) 
Exceptions.
(1) 
This section shall not apply to events conducted in accordance with article 4.04 of this code or to participants and spectators in organized athletic league play or practice; and
(2) 
This section does not prohibit or otherwise control the manufacture, sale, distribution, or transportation of alcoholic beverages.
(1995 Code, sec. 63.021)
(a) 
Prohibition.
It is unlawful for any person to have a glass container in his or her possession, custody, or control in any glass container prohibited area.
(b) 
Exceptions.
(1) 
This section does not prohibit the possession of the following glass containers in any glass container prohibited area:
(A) 
Baby bottles containing products for consumption by babies;
(B) 
Glass drug containers containing legally prescribed drugs;
(C) 
Glass-lined vacuum picnic containers or thermos bottles; and
(D) 
Any container as permitted by section 28.10(b) of the Texas Alcoholic Beverage Code Ann., as amended (Vernon 1978).
(2) 
This section does not apply to an individual, or an individual’s guest, who is on a sidewalk within 150 feet of the place where the individual resides.
(1995 Code, sec. 63.022)
(a) 
The city declares the use of aircrafts in or on city parks, including the landing or take off, to be a public nuisance because of the threat to public health, safety, and welfare. City parks have limited sight views, heavy pedestrian traffic, or a use that is incompatible with persons flying in aircrafts, or other similar means of travel.
(b) 
It shall be unlawful for any person to land or take off from a city park using an aircraft, unless such use was previously approved in writing by the city administrator for a city approved event.
(c) 
It shall constitute an affirmative defense to prosecution of a violation of this article if any person uses, operates, or causes the use, operation of an aircraft in violation of this article as a result of an emergency or for the sole and immediate purpose to perform emergency work.
(Ordinance 2020-O-557 adopted 6/11/20)
(a) 
A person commits an offense if the person violates or permits a violation of any provision of this article.
(b) 
An offense under this article is a class C misdemeanor, punishable by a fine of not less than $1.00 or more than $500.00.
(c) 
Each occurrence of a violation, or, in the case of continuous violations, each day a violation occurs or continues, constitutes a separate offense and may be punished separately.
(d) 
The prosecution of an offense under this article does not limit the city’s right to seek injunctive or other civil relief for a violation of this article, in addition, no provision of this article shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person, for injury or damage arising from any violation of this article or from other law.
(Ordinance 2020-O-557 adopted 6/11/20)