This article shall be known and cited as “public park
rules.” Within this document it shall also be referred to as
“this article.”
(Ordinance 2012-5-15C, sec. I, adopted 5/15/12)
Unless specifically defined below, words or phrases used in
this article shall be interpreted to give them the meaning they have
in common usage and to give this article the most reasonable application.
Any facility, land, or improvement to land, whether permanent
or temporary, that is owned, leased, or acquired by the city for public
park purposes.
Any land, including any improvements to land, that is administered,
operated, or managed by the city for use by the general public for
park/outdoor recreational use.
(Ordinance 2012-5-15C, sec. III,
adopted 5/15/12)
The city council may adopt rules establishing the days and hours
when public parks are open to the public and may establish curfews
for public parks. The city manager may close any public park in the
event of an emergency or when conditions may threaten the public health
and safety, or park facilities.
(Ordinance 2012-5-15C, sec. IV,
adopted 5/15/12)
The city council may adopt rules relating to the use of fire
in public parks and may adopt rules relating to the use of fireplaces
and grills, and may limit or prohibit where and when fireplaces, grills,
and other open or enclosed fires are permitted. The city manager may
interpret and enforce these rules on behalf of the city council.
(Ordinance 2012-5-15C, sec. V, adopted 5/15/12)
(a)
The city council may adopt rules relating to the use of any tobacco
product in public parks, including restricting the use of tobacco
products and designating areas of use. The city manager may interpret
and enforce these rules on behalf of the city council.
(b)
The city council may adopt rules relating to the consumption or possession
of alcoholic beverages, including but not limited to wine, beer, ale,
and mixed drinks in the public parks and may restrict or prohibit
the use of alcoholic beverages in public parks and may designate when
or where the consumption and possession of alcoholic beverages is
permissible. The city manager may interpret and enforce these rules
on behalf of the city council.
(Ordinance 2012-5-15C, sec. VI,
adopted 5/15/12)
It shall be unlawful to destroy, damage, cut, carve, mark, remove,
transplant, break, pick, remove, or in any way injure, damage, or
deface any plants or geological formations in the public parks. It
shall further be unlawful to bring in any plants to any public park
without prior approval of the city manager or his designated representative.
(Ordinance 2012-5-15C, sec. VII,
adopted 5/15/12)
The city council may adopt rules relating to and restricting
and limiting the use of glass and Styrofoam containers in the public
parks. The city manager may interpret and enforce these rules on behalf
of the city council.
(Ordinance 2012-5-15C, sec. VIII,
adopted 5/15/12)
(a)
It shall be unlawful for any person to carry a weapon in any public
park, except those persons who are duly licensed by the state to carry
a concealed handgun in accordance with the provisions of section 411.172
of the Texas Government Code, and as amended from time to time.
(b)
It shall be unlawful for any person to carry or discharge firearms (unless permitted under subsection (a) of this section), fireworks, airguns, bows and arrows, slingshots or any device which would or could project any object which would or could create a fire hazard or any hazard or danger to the public in a public park, except with the approval of the city manager or his designated representative.
(Ordinance 2012-5-15C, sec. IX,
adopted 5/15/12)
The city council may adopt rules relating to overnight camping
in public parks, and may restrict or limit where and when overnight
camping is permissible in public parks. The city manager may interpret
and enforce these rules on behalf of the city council.
(Ordinance 2012-5-15C, sec. X, adopted 5/15/12)
The city council may adopt rules relating to the use of public
parks for hockey, in-line hockey, skating, in-line skating, roller-skating,
skateboarding, rollerblading, biking, and soap box derby and remote
control devices and may designate areas where and when these activities
are permissible and may prohibit one or more of these activities in
public parks. The city manager may interpret and enforce these rules
on behalf of the city council.
(Ordinance 2012-5-15C, sec. XI,
adopted 5/15/12)
(a)
The city council may adopt rules relating to animals in public parks
including rules relating to and requiring leashes or other restraints
for animal brought to public parks. The city council may designate
areas where animals are allowed and may limit or restrict the types
of animals that may be brought into public parks.
(b)
No person may permit a pet or other animal brought into a public
park to remain unattended or create a disturbance or hazard within
a public park.
(c)
No person may possess a noisy, vicious, or dangerous animal, or one
which is disturbing to other persons, in a public park.
(d)
These rules may be interpreted and enforced by the city manager on
behalf of the city council.
(Ordinance 2012-5-15C, sec. XII,
adopted 5/15/12)
It shall be unlawful to dispose of trash, junk, garbage, refuse,
unsightly matter, or other solid waste in public parks in locations
other than trash receptacles. It shall be unlawful to dispose of trash,
junk, garbage, refuse, unsightly matter or other solid waste in creeks,
lakes, rivers, streams, or other water sources in public parks.
(Ordinance 2012-5-15C, sec. XIII,
adopted 5/15/12)
The city council may adopt rules relating to the operation of
motorized vehicles in public parks and may restrict or limit where
motorized vehicles are permitted and may limit or restrict who may
operate motorized vehicles in public parks. The city manager may interpret
and enforce these rules on behalf of the city council.
(Ordinance 2012-5-15C, sec. XIV,
adopted 5/15/12)
A person commits an offense if he intentionally or knowingly:
(1)
Uses abusive, indecent, profane, or vulgar language in a public park,
and the language by its very utterance tends to incite an immediate
breach of the peace;
(2)
Makes an offensive gesture or display in a public park, and the gesture
or display tends to incite an immediate breach of the peace;
(3)
Creates, by chemical means, a noxious and unreasonable odor in a
public park;
(4)
Abuses or threatens a person in a public park in an obviously offensive
manner;
(5)
Makes unreasonable noise in a public park;
(6)
Fights with another in a public park; or
(7)
Otherwise disregards the rules of the public park.
(Ordinance 2012-5-15C, sec. XV,
adopted 5/15/12)
(a)
The city council shall have the right, power and authority to prescribe
additional rules and regulations for the maintenance and operation
of parks in order to preserve the spirit and intent of this article.
(b)
The city manager may, in order to protect the public’s health,
safety or welfare, or preserve city park resources, impose temporary
restriction on the use of city public parks and facilities.
(c)
The city manager may require permits for any activities that may
otherwise be prohibited by this article or by rule that is adopted
to implement this article. The city manager may prescribe the conditions
and requirements necessary in order to obtain a permit.
(d)
Commercial activities shall be prohibited in all parks unless a permit
is issued by the city manager authorizing the commercial activity.
(Ordinance 2012-5-15C, sec. XVI,
adopted 5/15/12)
The city council may establish fees for the entrance to and
the use of the public parks, and for any activity or special event
permitted by the city manager. The fees shall not exceed the amount
that is reasonably necessary to operate and maintain the public parks
for public use. These fees are to be reviewed yearly and adopted as
part of the annual adoption of the city budget.
(Ordinance 2012-5-15C, sec. XVII,
adopted 5/15/12)
(a)
For the purpose of this article, the term “temporary special
event” shall be construed to include, but not necessarily be
limited to, the following temporary (i.e., not permanent) uses and
similar types of uses:
(1)
Carnival or circus;
(2)
Outdoor market or vending from temporary booths, tents, trailers,
or other similar devices;
(3)
Stage, set or staging area for the professional filming of motion
pictures, documentaries, educational or training films, or other similar
media;
(4)
Festival, celebration, or special fundraising event; or
(5)
Any other temporary event or activity not listed above, but that
is a gathering of fifty (50) or more people at one time and place
or a joint or single purpose.
(b)
Each owner or operator of a temporary special event shall obtain
a “temporary special event” permit from the city manager
to operate within a public park.
(c)
Each owner or operator of a temporary special event shall file with
the city a signed and notarized “application for temporary special
event” along with a site plan and any of the following additional
information as determined by the city manager:
(1)
Proof of property owner’s and/or operator’s liability
insurance which names the city as an additional insured;
(2)
Proof of notification of all adjacent land owners within 200' of
any boundary activity of any proposed event;
(3)
A plan or document which describes how the operator will provide
for on-site temporary sanitation facilities including, but not limited
to, the proposed method of containment and disposal, on-site locations,
capacity, and proof of ADA accessibility;
(4)
Placement and types of all proposed temporary buildings, locations
(especially with respect to property lines and setbacks), type(s)
of buildings, sizes, proposed uses, and capacities;
(5)
Delineation of parking facilities, location, type of surface treatment(s),
parking capacities, parking layout, fire lane delineations, fire lane
widths, emergency vehicle turnaround area, and setbacks from residential
property lines;
(6)
Delineation of access driveway(s), alignment, width, type of surface
treatment(s), setbacks from residential property lines, and distances
to any other existing driveways on both sides of the road;
(7)
Proof of state department of transportation (TXDOT) approval of all
access driveways’ intersections with any state highway, if applicable,
and/or proof of county approval of all access driveways’ intersections
with any county roadway, if applicable;
(8)
Prohibition of on-site camping or sleeping accommodations or uses,
except as may be required for security purposes only;
(9)
Agreement to comply with all applicable ordinances, regulations,
fees and inspections of the city;
(10)
Written plan for the removal of all temporary facilities and temporary
improvements, and the complete restoration of the property to the
condition it was in before the special event took place;
(11)
Delineation of buffering and screening of parking areas, storage
areas, sanitation facilities, solid waste receptacles, and other similar
site facilities;
(12)
Temporary outdoor lighting plan and hours of operation for site lighting;
(13)
Noise control plan;
(14)
Dust and erosion control plan;
(15)
Temporary utilities plan;
(16)
Delineation of nonpoint source pollution controls for construction
of the temporary site improvements and for the runoff, from the buildings,
parking areas, storage areas, and driveways (i.e., silt fences and
vegetative buffer strips);
(17)
Delineation of all on-site, exterior storage areas and how they will
be screened from public view and from neighboring properties;
(18)
Identification of all proposed uses of each building and of all exterior
areas;
(19)
Identification of allowable hours of use of the site;
(20)
Traffic-control plan, including maximum allowable parking on the
site;
(21)
Plan for provision of overflow parking, with off-site shuttle service
if necessary, if parking demand exceeds the amount of parking provided
on site;
(22)
Complete and accurate description of any potentially hazardous materials
that will be stored on site, either in the buildings or on the premises;
(23)
Description, location and placement of all sign(s) to be placed at
the event; a sign permit may be required;
(24)
Means for providing safety and security for the site, for the buildings,
for users on the site, and for users coming to or leaving the site;
(25)
Overall site ADA accessibility statement review may be required to
ensure ADA accessibility, as determined by the city manager;
(26)
Temporary fire-control measures;
(27)
Daily cleaning of the site for picking up trash, debris and any other
foreign matter.
(d)
Each owner or operator of a temporary special event shall furnish
proof of liability insurance, as well as any other type of insurance
that may be deemed appropriate by the city manager, and shall also
name the city as coinsured for personal injury, premises and for $1,000,000.00
per occurrence.
(e)
The city manager is authorized to require a cashier’s check,
letter of credit or a cash bond payable to the city prior to the issuance
of a special event permit whenever a special event has the potential
for causing damage to a park or park facilities and to guarantee clean
up of a park at the conclusion of a special event.
(f)
The length of time for each permit shall be determined by the city
manager, which shall not exceed 183 days. Upon approval by the city
council, the permit may be extended for up to thirty (30) additional
days, provided the city council makes a finding that extending the
temporary special event would not be detrimental or injurious to the
public health, safety or general welfare. No more than one (1) temporary
special event permit may be issued for any public park at any one
time.
(g)
Whenever any work is being done contrary to the provisions of this
article, the building official may order the work stopped by notice
in writing (referred to as a “stop work order”) served
on any persons engaged in the doing or causing such work to be done.
The stop work order shall be posted on the property adjacent to the
activity in question, and any such person shall forthwith stop work
until authorized by the building official to proceed with the work.
(h)
A person that is denied a special event permit by the city manager
may appeal the denial to the city council.
(Ordinance 2012-5-15C, sec. XVIII,
adopted 5/15/12)
(a)
Civil and criminal penalties.
The city shall have the
power to administer and enforce the provisions of this article, as
it may be amended from time to time. Any person violating any provision
of this article or the rules of the public parks is subject to suit
for injunctive relief as well as prosecution for criminal violations.
(b)
Criminal prosecution.
Any person violating any provision
of this article or rules of the public parks shall, upon conviction,
be fined a sum not exceeding $500.00 for each violation. Each day
that a provision of this article is violated shall constitute a separate
offense. An offense under this article is a class C misdemeanor.
(c)
Civil remedies.
Nothing in this article or the rules
of the public parks shall be construed as a waiver of the city’s
right to bring a civil action to enforce the provisions of this article
and to seek remedies as allowed by law, including, but not limited
to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2)
A civil penalty up to $500.00 a day per violation when it is shown
that the defendant was actually notified of the provisions of this
article and after receiving notice committed acts in violation of
this article or failed to take action necessary for compliance with
this article; and
(3)
Other available relief.
(d)
Removal from park.
The city manager, other authorized
persons designated by the city manager, and authorized law enforcement
personnel have the authority to eject from park facilities any person
acting in violation of state law, this article or the rules and regulations
of the public park as prescribed by the city manager.
(Ordinance 2012-5-15C, sec. XIX,
adopted 5/15/12)
