Any person convicted of violating any provisions of this chapter shall be deemed guilty of a misdemeanor and punished by a fine as provided in section 1-7(a).
(Ordinance 922, § I(2), 8-11-92)
(a)
For the purpose of this section the following locations are designated as municipal parks of the city:
(1)
Mathis Park, 801 Live Oak Street.
(2)
Memorial Park, 1601 F.M. 2165.
(3)
Spencer Park, 400 E. Bay Street.
(4)
Zachary Taylor Arboretum Park, 702 S. Pearl Street.
(5)
Compass Rose Park, 811 State Hwy. 35 N.
(6)
Tule Park, 2105 Picton Lane.
(7)
Magnolia Park, 909 N. Magnolia Street.
(8)
Community Aquatic and Skate Park, 2001 Stadium Drive.
(9)
Hummingbird Garden Boardwalk/Observation Area, State Hwy. 35 N.
(10)
Tule Hike & Bike Trail, from Hwy .35-North to Enterprise Boulevard.
(b)
For the purpose of this section the following hours of operation for municipal parks of the city is as follows:
(Ordinance 922, § I(1), (3), (4), 8-11-92; Ordinance 1135, § 1, 10-26-99; Ordinance 1327, § 2, 5-24-05; Ordinance 1482, § 1, 11-17-09; Ordinance 1520, § 1, 10-12-10; Ordinance 1562, § 1, 3-27-12; Ordinance 1582, §§ 1, 2, 8-28-12)
(a)
It shall be unlawful for any person to throw, discard, dump, deposit or leave in and upon the grounds of a public park or recreation area any litter, cigarette butts, fishing line, charcoal, garbage, trash, refuse or debris except in receptacles provided for this purpose. Where public receptacles are not provided, all such litter, garbage, refuse and the like shall be picked up, carried away from the park grounds and otherwise disposed of in accordance with the provisions of this chapter.
(b)
Persons placing litter in public receptacles shall do so in such a manner as to prevent the litter from being carried or deposited by the elements upon the park grounds or other public places.
(c)
It shall be unlawful for any person, while a driver or passenger in or upon a motor vehicle, to throw or deposit litter, garbage, refuse or the like onto the grounds of a city park.
(d)
It shall be unlawful for any person to maintain or conduct, on the grounds of a city park, any activity that is elsewhere declared or defined in this chapter to constitute a public nuisance.
(Ordinance 922, § II(1), 8-11-92; Ordinance 1327, § 3, 5-24-05)
(a)
A person commits an offense if he knowingly makes or causes to be made any loud and raucous noise in any public park or recreation area of the city.
(b)
The following enumerated acts are presumed to constitute loud and raucous noises for the purposes of this section:
(1)
The sounding of any horn or signal device on any automobile, motorcycle, bus, or other motor vehicle except as a danger signal in accordance with state law.
(2)
The use of any mechanical loudspeaker or sound amplifier for the purpose of attracting the attention of other persons by the creation of the noise.
(3)
The use of any mechanical loudspeaker or sound amplifier to broadcast any musical recording or performance.
(4)
The playing of any radio, television, tape machine, musical instrument or other machine or device for the production or reproduction of sound at such a volume that the sound produced is audible for a distance in excess of 150 feet.
(Ordinance 922, § II(2), 8-11-92; Ordinance 1327, § 4, 5-24-05)
(a)
It shall be unlawful for any person to operate an automobile, motorcycle or other motor vehicle upon the grounds of any public park or recreation area except upon a public street, road, or parking area designated for this purpose.
(b)
A person commits an offense if he knowingly:
(1)
Stops, stands or parks a motor vehicle, in whole or in part, upon the grounds of a public park or recreation area except upon those areas specifically designated for parking.
(2)
Stops, stands, or parks a motor vehicle in such a manner as to obstruct, in whole or in part:
(3)
Stops, stands or parks a commercial vehicle in or upon the grounds of any public park or recreation area.
(4)
Fails to park the entire motor vehicle within the limit lines of a designated stall where such lines have been provided.
(5)
Otherwise stops, stands, or parks a motor vehicle in a manner prohibited or declared unlawful by this chapter or state law.
(c)
If a motor vehicle is stopped, parked or left standing in violation of this section, and the owner cannot be found, any peace officer having jurisdiction within the city may remove or impound the vehicle or cause the same to be removed or impounded in accordance with the provisions of this Code.
(d)
The speed limit in all parks operated by the city shall be fixed at 20 miles per hour unless otherwise posted.
(e)
It shall be unlawful for any person to operate a motorized vehicle upon the grounds of any public park, exceptions include maintenance and emergency vehicles, and to disabled travelers.
(Ordinance 922, § II(3), 8-11-92; Ordinance 1135, § 1, 10-26-99; Ordinance 1327, § 5, 5-24-05; Ordinance 1536, § 1, 3-22-11; Ordinance 1562, § 2, 3-27-12; Ordinance 1582, §§ 3, 4, 8-28-12)
(a)
It shall be unlawful for any person to possess any firearm within a public park or recreation area.
(b)
It shall be a defense to prosecution under this section that:
(1)
The person was a peace officer of the city in the performance of his official duties.
(2)
The person was a certified or licensed security guard engaged for the purpose of providing security for a special event authorized in writing by the director of parks and recreation as hereinafter provided.
(3)
The person was a member of the armed forces of the United States or the state engaged in the performance of his duties or the conduct of a patriotic or ceremonial event and with written permission of the city.
(c)
It shall be unlawful for any person to hunt wildlife in a public park or recreation area with a weapon or archery equipment.
(Ordinance 922, § II(4), 8-11-92; Ordinance 1582, § 5, 8-28-12)
(a)
It shall be unlawful for any person to possess, sell, or discharge any fireworks within a public park or recreation area, except as provided in this Code.
(b)
It shall be a defense to the prosecution under this section that such possession and discharge were during the course of a special event authorized in writing by the city.
(Ordinance 922, § II(5), 8-11-92)
(a)
It shall be unlawful for any person to build, ignite or maintain a fire within a public park or recreation area except in bar-b-que grills provided specifically for such purposes, unless approved in advance by rental agreement, lease, or other written contract with the city.
(b)
It shall be a defense to prosecution under this section that the fire:
(Ordinance 922, § II(6), 8-11-92; Ordinance 1135, § 1, 10-26-99; Ordinance 1327, § 7, 5-24-05; Ordinance 1582, § 6, 8-28-12)
(a)
Temporary structures used for protection from the sun during normal daytime use of the parks are permitted. Such structures may include but not be limited include tents, canopies, and umbrellas. All temporary structures will be removed on the same day as erected.
(b)
Subsection (a) of this section shall not apply to:
(1)
An employee of the city acting within the scope of his official duties.
(2)
A contractor, concessionaire or other person acting under or authority of a written contract, lease or special event permit issued and approved in accordance with this chapter.
(3)
Awnings or umbrellas used for temporary protection from the sun during normal daytime use of the parks.
(c)
Nothing stated in this section shall relieve any person acting under a written contract, lease or special event permit from his responsibility to ensure that any tent, stand, building or structure placed on the grounds of a public park or recreation area:
(Ordinance 922, § II(7), 8-11-92; Ordinance 1135, § 1, 10-26-99; Ordinance 1327, § 8, 5-24-05; Ordinance 1582, § 7, 8-28-12)
(a)
It shall be unlawful for any person to camp in or sleep overnight in a public park or recreation area.
(b)
It shall be unlawful for any person to remain on the grounds of a public park or recreation area after the posted closing hour of the park or recreation area.
(Ordinance 922, § II(8), 8-11-92)
(a)
It shall be unlawful for any person to cut, remove, damage or destroy any trees, shrubs, flowers or other growing plants, in and upon the grounds of any public park or recreation area.
(b)
It shall be a defense to prosecution under the preceding subpart that such cutting, removal, damage or destruction of trees, shrubs, flowers or other growing plants was done by an employee of the city in the performance of his official duties.
(Ordinance 922, § II(9), 8-11-92; Ordinance 1562, § 3, 3-27-12; Ordinance 1582, § 8, 8-28-12)
(a)
Except as provided in this chapter, it shall be unlawful for any person to sell or offer for sale any goods in a public park or recreation area, or to distribute commercial printed matter in aid of any such sale, or to otherwise engage in any other commercial activity.
(b)
A person may sell goods or engage in a commercial activity in a public park or recreation area only if:
(1)
Doing so is in connection with official government business.
(2)
Doing so is by authority of a contract, lease or other agreement with the city to operate a business or concession in designated areas of public property.
(3)
Doing so in a not for profit manner under the authority of a special event permit or rental contract issued by the city.
(c)
The city staff is permitted to solicit proposals for concession operations within the parks for sale of food, sundry items, and provision of various classes to park patrons.
(d)
All concession contracts are to be reviewed by the city manager and legal counsel, prior to the city entering into such agreements.
(e)
The city manager or the parks and leisure services director, with city manager approval, is authorized to enter into a contract without city council approval for concession operations within the parks for sale of food, sundry items, rental of beach-related equipment, and provision of various classes to park patrons, but not otherwise. Contracts outside of the scope permitted herein shall be approved the by city council.
(f)
The city manager may establish the appropriate means for accurate reporting and auditing of concession contracts or other commercial activity.
(Ordinance 922, § II(10), 8-11-92; Ordinance 1135, § 1, 10-26-99; Ordinance 1327, § 9, 5-24-05; Ordinance 1543, § 1, 8-16-11; Ordinance 1543, § 1, 8-16-11; Ordinance 1562, § 4, 3-27-12; Ordinance 1582, § 9, 8-28-12)
(a)
Except as provided in this section, it shall be unlawful for any person to post any sign, notice or handbill in a public park or recreation area.
(b)
The posting of signs, notices, or handbills is authorized if:
(1)
The sign, notice, or handbill was posted on a board or area designated for the posting of public notices by the city.
(2)
The sign, notice or handbill was posted in connection with official government business.
(3)
The sign, notice or handbill was posted by authority of a contract, lease or other agreement with the city to operate a business or concession in designated areas of public property.
(4)
The sign, notice or handbill was posted by authority of a written special event permit issued by the city.
(Ordinance 922, § II(11), 8-11-92; Ordinance 1135, § 1, 10-26-99; Ordinance 1327, § 10, 5-24-05)
(a)
Except for dogs in any enclosed area specially designed for dogs to run at large it shall be unlawful for any owner, keeper or other person having custody or control of any animal to allow such animal to run at large in and upon the grounds of any public park or recreational area. Animals must be on a leash no longer than eight feet in length.
(b)
It shall be unlawful for any person that enters in and upon the grounds of any public park or recreational area with an animal to fail or refuse to pick up and dispose of properly in a designated animal waste receptacle or transport out of the area any waste droppings deposited on the ground by the animal.
(c)
As utilized in this section, the term "livestock" shall include, but not be limited to, horses, cattle, pigs, goats, poultry, mules, and the like normally kept for farm, ranch, breeding or similar purposes.
(d)
It shall be a defense to prosecution under this section that the person was acting pursuant to a written special event permit issued by the city upon a proper showing that such animals will be restrained and that proper precautions will be taken to prevent injury to the public.
(Ordinance 922, § II(12), 8-11-92; Ordinance 1001, § 1, 7-11-95; Ordinance 1327, § 11, 5-24-05; Ordinance 1562, § 5, 3-27-12)
(a)
It shall be unlawful for any person to consume alcoholic beverages or to possess an open container containing alcoholic beverages within a public park or recreational area.
(1)
Athletic facilities including but not limited to baseball and softball diamonds, athletic fields, tennis and other game courts.
(2)
Swimming pools.
(3)
Playgrounds.
(4)
Vehicle parking areas on a public park or recreational area.
(5)
Interior roadways contained within a public park or recreational area.
(6)
Inside recreational centers, concession buildings, and restroom facilities.
(b)
For purposes of this section, the term "alcoholic beverages" is used as defined in the Texas Alcoholic Beverage Code.
(Ordinance 922, § II(13), 8-11-92; Ordinance 1135, § 1, 10-26-99; Ordinance 1327, § 12, 5-24-05; Ordinance 1536, § 2, 3-22-11; Ordinance 1562, § 6, 3-27-12)
(a)
It shall be unlawful for a person to possess any glass beverage containers or other glass containers within any public park or recreational area.
(b)
It shall be a defense to prosecution under this section that the person is a city employee acting within the scope of his duties.
(Ordinance 922, § II(14), 8-11-92; Ordinance 1327, § 13, 5-24-05)
It shall be unlawful for a person to hit golf balls on the grounds of any city park.
(Ordinance 1341, § 2, 12-13-05; Ordinance 1562, § 8, 3-27-12)
(a)
It shall be unlawful for any person, or animal controlled by a person, to enter into a pond or stream of water located within a park or recreational area, either bodily or by floatable vessel.
(b)
It shall be a defense if the person is performing duties of city, or has received city approval.
(Ordinance 1582, § 10, 8-28-12)