It shall be unlawful for any person within a park or playground
to play musical instruments, to play amplified music, or to conduct
a concert without permission from the director of the parks and recreation
department.
It shall be unlawful for any person to sell, or offer for sale,
any wares, merchandise or services, or to act as or ply the vocation
of a solicitor, agent, peddler, fakir, beggar, strolling musician,
organ grinder, exhorter or showman in any park or playground of the
City without permission from the director of the parks and recreation
department.
It shall be unlawful for any person to practice golf with golf
balls in any public park or public playground or public schoolground
and/or school property within the City not designated for that purpose;
except that the use of knit or plastic balls will be permitted in
any such open areas not specifically designed or designated for some
other specialized activity.
Golf practice with golf balls shall be permitted in the areas
designated as follows:
(A) That
portion of Hogan Park adjacent to the Municipal Golf Course and marked
as a golf practice area.
(B) Dunagan
Park, only for group golf practice or instruction under supervision
approved by the parks director.
(Ordinance 5831 adopted 9/8/1981)
It shall be unlawful for any person to tether or pasture any
cow, horse, mule, fowl or domestic animal in or upon any park or playground.
It shall be unlawful for any person to conduct or carry on any
boisterous, insulting or profane language, or to be guilty of disorderly,
lewd or lascivious conduct of any kind in any park or playground in
the City.
(Ordinance 4045 adopted 10/8/1963)
Editor’s note(s)—Former § 9-5-6
(Loafing or sleeping) was repealed by Ord. No. 5856, enacted November
10, 1981.
It shall be unlawful for any person to place or erect any structure,
sign, bulletin board, post, pole or advertising device of any kind
whatsoever in any park or playground, or to attach any notice, bill,
poster, sign, wire, rod or cord to any tree, shrub, fence, railing,
post or structure therein; provided that the Council may permit erection
of temporary decorations on occasions of public celebration or holidays,
or permit advertising in certain baseball parks as designated by the
Council.
It shall be unlawful for any person to remove, destroy, mutilate
or deface any structure, portable pipe, irrigation device, monument,
statue, vase, fountain, wall, fence, railing, vehicle, bench, athletic
installation (including tennis and other nets, backboards, goal posts
and items of similar nature), tree, shrub, fern, plant, flower or
other property in any park or playground.
(Ordinance 4045 adopted 10/8/1963)
It shall be unlawful for any person to ride or drive any horse
or animal, or to drive or propel any vehicle drawn or pulled by any
horse or animal, or to drive, operate or propel any motorcycle, motorscooter,
motorbike or any motor vehicle in, over or through any public park,
public playground, public schoolground or public school property within
the City, except along roads or drives designated for that purpose.
(Ordinance 4564 adopted 6/22/1971)
(A) It
shall be unlawful for any person to enter any area of a park which
is designated as restricted, or to enter any area during the hours
of the day it is not open to the public. Open hours shall be posted
by the director of parks and recreation.
(B) It
shall be unlawful for any person to organize or participate in any
public group or other large group gathering of people in excess of
25 persons in any public park owned and controlled by the City, and
located either within or without the City, without the specific authorization
of the director of parks and recreation. Provided, however, that this
Section shall not apply to any such gathering in Hogan, Cole or Washington
Parks, except for scheduling purposes.
(Ordinance 5831 adopted 9/8/1981; Ordinance 6563 adopted 6/25/1985)
It shall be unlawful for any person to wash a vehicle in any
park not designated for that purpose.
(Ordinance adopted 2/17/1955)
(A) It
shall be unlawful for any person to fly a kite in any city park traversed
by high voltage transmission lines.
(B) It
shall be unlawful for any person to propel or guide any gas powered
radio controlled airplane in any park except the area set aside for
those purposes at the Midland Police Department Training Facility.
(C) It
shall be unlawful for any person to propel or guide any electric powered
radio controlled airplane in any park except the area set aside for
those purposes at C.J. Kelly Park.
(Ordinance 8300, sec. 1, adopted 4/12/05)
It shall be unlawful for any person to dump any kind of trash,
refuse or garbage anywhere in a city park except in receptacles or
other specifically designated areas of the park provided for that
purpose.
(Ordinance 5831 adopted 9/8/1981)
It shall be unlawful for any person to carry upon his person
or discharge any gun, pistol or firearms of any kind, including airguns,
within or across any park or playground of the City.
(Ordinance 4045 adopted 10/8/1963)
(A) It
shall be unlawful for any owner or person in control of any dog or
other animal to keep or permit the same in or about any park or playground
of the city unless such dog or other animal is kept under restraint
at all times by means of a restraining cord not more than ten feet
in length. Dogs will be permitted to train off-leash in city parks,
but only by permit given by the director of animal services and his
authorized agents.
(B) It
shall be unlawful for any person or group of persons or organization
of any kind to conduct, promote or sponsor or participate in any dog
show or other animal show or exhibit of any kind or character whatsoever
in any park owned and operated by the city, whether located within
or without the city. Provided, however, that this section shall not
apply to any such shows or exhibitions when held in either Hogan Park
or the undeveloped part of Dennis the Menace Park when scheduled with
and authorized by the director of animal control or his authorized
agents.
(C) The
director of animal services or his authorized agents shall issue permits
for off-leash training of animals in city parks, which permit will
be assessed a fee of $5.00. Such a training permit may be denied by
said director to an applicant for an animal that has been in violation
of the animal regulations of the city on one or more previous occasions.
All permits shall be valid for the period of time set out in said
permit.
(D) It
shall be unlawful for any owner or person in control of any dog or
other animal to keep or permit the same in or about the fenced confines
of the sporting facilities located in any City of Midland park during
an organized city recreational league sporting event or other city-sanctioned
event. It shall be an affirmative defense to prosecution under this
subsection that such dog or other animal is used as an aid to a handicapped
person or used for police purposes.
(Ordinance 7140 adopted 12/17/1991; Ordinance 7631, sec. 1, adopted 7/22/1997; Ordinance 8232, sec. 1, adopted 4/27/2004)
(A) It
shall be unlawful for any person or persons to wade, swim, float,
dive, ski, or engage in any type of water sport or activity in or
on any channel, basin, pond, reservoir or holding tank located within
any park or playground of the City. The provisions of this paragraph
shall not apply to any swimming pool duly authorized by the City for
public use.
(B) It
shall be unlawful for any person or persons to boat within any park
or playground of the City, except that organized groups under adult
supervision who have obtained permits from the parks and recreation
department may boat at Wadley-Barron Park Lake. The parks and recreation
department may issue only two permits for boating purposes each month.
Such permitted boating activities may take place only between the
hours of 10:00 a.m. and 5:00 p.m. Life jackets must be worn by each
person participating in such boating activities, and all boating activities
must be under the direct supervision of a parent, guardian or adult
instructor.
(C) Model
boats are allowed on all City-owned ponds, with the exception of Wadley-Barron
Park Lake. "Model boats" includes wind-powered or small electrical-powered
water craft, but excludes any gasoline or nitro-powered water craft.
Model boats shall be tethered to land by means of radio signal or
retrieval line. Wading or swimming to retrieve such boats is prohibited.
(D) It
shall be unlawful for any person or persons to fish at or in Wadley-Barron
Park Lake.
(E) Any
and all permits issued under the provisions of this Section by the
parks and recreation department of the City shall be good and valid
only for one calendar day and such permit shall specify the activities
permitted, the calendar day on which the activities may be conducted,
and the hours of such calendar day during which such activities may
be conducted.
(Ordinance 5992 adopted 5/11/1982; Ordinance 6010 adopted 7/13/1982; Ordinance
6676 adopted 7/22/1986; Ordinance 7041 adopted 10/9/1990; Ordinance 7962, sec. 1, adopted 8/8/2000; Ordinance 8154, sec. 1, adopted 2/12/2003)
Compliance with the rules and regulations of this Chapter is
a condition of the use of the public parks and playgrounds of the
City, and any person charged with the supervision and care of any
park or playground and all police officers shall have authority to
enforce the provisions of this Chapter by expulsion from the grounds.
Such expulsion shall be in addition to any other penalty prescribed
by this Code.
(Ordinance adopted 8/4/1955)
(A) It
shall be unlawful for any persons, other than police officers, firemen
and other similar public or quasi public emergency personnel, to use,
remain or be in the following parks between the hours of 12:00 midnight
and 6:00 a.m., to wit:
6. John
P. Butler Youth Sports Complex;
7. Reyes/Mashburn/Nelms
Park;
8. Scharbauer
Sports Complex;
11. Windlands
Park.
Provided, however, that, as the above-described parks are either
adequately illuminated or have special facilities therein such as
baseball fields, tennis courts, planetariums, libraries or community
center type facilities, a permit may be issued by the director of
parks and recreation upon the approval by the parks and recreation
advisory board to civic organizations or other organized groups of
ten or more persons to be in one of said public parks during such
prohibited hours for special events as enumerated in such permit,
and, in such an event, any group shall, in order to be entitled to
such exemption, exhibit such permit to any police officer of the City
upon request.
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(B) It
shall be unlawful for any person or persons, other than police officers,
firemen and other similar public or quasi public emergency personnel,
to use, remain or be in the following neighborhood parks, which are
either owned or leased by the City for park purposes and are not illuminated
and do not contain any special facilities, between the hours of 10:30
p.m. of any day and 6:00 a.m. of the next day, to wit:
22. Martin
Luther King, Jr. Park;
25. Reyes/Sanchez
Memorial Park;
(C) The
I-20 Wildlife Preserve hours of use, and rules and regulation shall
be established as described in Exhibit "E" attached to Ord. No. 9098
are incorporated herein for all purposes.
1. Preserve
hours:
a. October
to February—8:00 a.m. thru 6:00 p.m.
b. March
to September—8:00 a.m. thru 8:00 p.m.
2. Rules:
a. Dogs
are not allowed at anytime.
b. Alcoholic
beverages are not permitted.
c. Firearms
are not permitted on the property.
d. No
hunting or fishing is allowed on the property.
e. There
shall be no littering or dumping on the property.
f. Motorized
vehicles and bicycles are not allowed on trail system.
g. Do
not remove, damage, cut, disturb, destroy or carve any structure,
sign, fence or living and non living material.
(Ordinance 6562 adopted 6/25/1985; Ordinance 7838, sec. 1, adopted 4/27/99; Ordinance 8510, sec. 1, adopted 3/20/07; Ordinance 9098, sec. 2, adopted 1/8/2013)
It shall be unlawful for any person or persons to be in possession
of a glass container in any public park, playground or tennis court
in the City, or on any street abutting any such facility.
(Ordinance 5372 adopted 9/12/1978)
(A) It shall be unlawful for any person to consume any alcoholic beverage (as defined in V.T.C.A., Alcoholic Beverage Code § 1.04(1)) while in or upon Hogan Park and any of the public parks listed in Section
9-5-18 of this Chapter, with the exception of those portions of Hogan Park and Ulmer Park, set forth in Subsection
(B) of this Section. The possession of an alcoholic beverage not in the original unopened container shall be prima facie evidence of consumption for purposes of this Section.
(B) Consumption.
1. The
consumption of alcoholic beverages within the golf course and Christensen
Stadium at Hogan Park shall be allowed, subject to applicable state
law and ordinances of the City.
2. The
consumption of beer, and no other alcoholic beverage, shall be allowed
within the main picnic area at Hogan Park, being that area surrounded
by a fence and designated as the main picnic area by appropriate signs
and markings, and within 100 feet of the picnic tables at Ulmer Park,
subject to the following conditions:
(a) Beer must be dispensed from a metal keg, and only paper or plastic
cups may be used for the consumption of same.
(b) Use of the main picnic area for activities which include the possession
and consumption of beer shall be limited to groups of 50 persons or
more which have first obtained a reservation permit from the Parks
Division office for the use of such area. Such permit shall be issued
on a first come, first served basis. The Parks office may issue permits
to smaller groups on any days that are not reserved by 50 or more
persons, again on the first come, first served basis.
3. The
consumption of beer, but no other alcoholic beverage, shall be allowed
within the Bill Williams Softball Complex at Hogan Park consisting
of fields A, B, C, D, E and F which are all enclosed within a common
fence and identified by appropriate signs, but only on the days during
which national championship tournaments or state tournaments are being
conducted within said complex. National Championship Tournaments are
defined as being open to member teams from the sponsoring association
or organization and at least 80 percent of the competing teams are
from outside the State of Texas. State Tournaments are defined as
tournaments which are open to all member teams in the State of Texas
of the sponsoring association or organization that has at least 60
percent of the competing teams are from outside Midland County, Texas
and where the opportunity exists for the champion to compete in other
tournaments at a regional, bi-regional or national level.
(C) The
consumption and possession of beer and wine, and no other alcoholic
beverages, will be permitted within Centennial Plaza subject to applicable
state and local law and regulations promulgated by the Midland Center
advisory board, and upon written approval by Midland Center management.
(Ordinance 6423 adopted 7/24/1984; Ordinance 6896, sec. 1, adopted 1/10/1989; Ordinance 7285 adopted 11/9/1993; Ordinance 7838, sec. 2, adopted 4/27/99)
(A) It
shall be unlawful for any person to willfully interfere with, disrupt
or prevent the orderly conduct of any person or persons engaged in
the play of golf at Hogan Park Municipal Golf Course.
(B) It
shall be unlawful for any person to remain on or at Hogan Park Municipal
Golf Course after being advised by a golf professional, a golf marshal
or other authorized person of the City that he is interfering with,
disrupting or preventing the orderly conduct of the play of golf,
and after having been asked to leave.
(C) No
person at Hogan Park Municipal Golf Course engaged in the play of
golf and using or operating a motorized golf cart shall operate or
drive such cart on any area of such golf course except on the designated
golf cart paths. It is an affirmative defense to the application of
this provision that:
1. Such
person has provided the Hogan Park golf professional a doctor's written
statement that such person's physical condition is such that walking
should be minimized;
2. Such
person drove the cart off the cart path at a 90-degree angle to the
ball and then back to the cart path by the same route;
3. Such
person did not leave the path within 20 yards of the greens or the
tee boxes; and
4. Such
person did not drive such cart into the rough area at any time.
(Ordinance 6683 adopted 8/12/1986)
(A) It
shall be unlawful for any person to roller skate or ride a skateboard
at any time in the following city parks:
(B) As
used in this Section, to roller skate shall mean to skate on any type
of roller skates or street skates.
(Ordinance 7004 adopted 4/24/1990)
(A) The
Heritage District is not designated herein, or otherwise as a public
park by the City Council.
(B) The
consumption and possession of beer and wine, and no other alcoholic
beverages, will be permitted within the Heritage District subject
to applicable state and local law, regulations promulgated by the
Heritage District Advisory Board, and upon written approval by the
Heritage District Curator.
(Ordinance 7838, sec. 3, adopted 4/27/1999)