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Editor’s note(s)—Former § 9-5-6 (Loafing or sleeping) was repealed by Ord.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:
1. 
Beal Park;
2. 
C.J. Kelley Park;
3. 
Doug Russell Park;
4. 
Hidalgo Park;
5. 
Hogan Park;
6. 
John P. Butler Youth Sports Complex;
7. 
Reyes/Mashburn/Nelms Park;
8. 
Scharbauer Sports Complex;
9. 
Ulmer Park;
10. 
Washington Park; or
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.
(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:
1. 
Centennial Plaza;
2. 
Cowden Park;
3. 
Crier Park;
4. 
Dennis the Menace Park;
5. 
Dunagan Park;
6. 
Elkin Park;
7. 
Frank B. Essex Park;
8. 
Fasken Park;
9. 
Garret-Brown Park;
10. 
Grafa Park;
11. 
Grasslands Park;
12. 
Haley Park;
13. 
Halff Park;
14. 
Henderson Park;
15. 
Hill Park;
16. 
House Park;
17. 
Ida Jo Moore Park;
18. 
James M. Bradford Park;
19. 
Kiwanis Park;
20. 
Lancaster Park;
21. 
Lloyd Park;
22. 
Martin Luther King, Jr. Park;
23. 
Pioneer Park;
24. 
Ratliff Park;
25. 
Reyes/Sanchez Memorial Park;
26. 
Rusk Park;
27. 
Santa Rita Park;
28. 
Scharbauer Park;
29. 
Sidwell Park;
30. 
Sparks Park;
31. 
TXU Easement Trail;
32. 
Taylor Park;
33. 
Trinity Park;
34. 
Tumbleweed Park;
35. 
Unity Plaza;
36. 
Volunteer Park; or
37. 
Wadley-Barron 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:
1. 
Centennial Plaza Park.
2. 
Volunteer Park.
3. 
Dennis the Menace Park.
(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)