(a) 
Except as otherwise provided, all parks, recreational facilities, and golf courses of the city shall be closed from 10:00 p.m. to 6:00 a.m.
(b) 
Notwithstanding the curfew provisions provided in subsection (a) of this section, the curfew shall not apply to activities specifically sponsored by the city or activities authorized through contract or interlocal agreement that take place at city parks, recreational facilities, or golf courses. The curfew provisions provided for in subsection (a) of this section shall not apply if waived by a permit granted by the city manager, as provided for in subsection (c) of this section. Further, this section shall not be construed to apply to city buildings available for rental by the public that are located in city parks, for there are rules and regulations governing the use and hours of said buildings.
(c) 
(1) 
Any person, group, or organization desiring to engage in any organized recreational, political, educational, or other activity in the public park property of the city that will cause exclusive or semi-exclusive use of that park for that activity shall first obtain a park permit for the activity from the city manager as herein provided. Public park property is not available for rent; however, within city parks, facilities such as swimming pools, pavilions, and sports fields are available for rent on a limited basis. Any person, group, or organization desiring a variance to the rules and regulations of these facilities must also obtain a park permit.
(2) 
Applications for permits shall be made at the parks and recreation department on a form prepared by the city. Any variance of the provisions of this section desired by the person, group, or organization making the permit application shall be so stated on the application and attach any exhibits, if necessary, to the application.
(3) 
The parks and recreation director shall make a recommendation regarding the request on its approval/disapproval and on any conditions recommended for approval. The completed park permit application will then be forwarded to the city manager for action.
(4) 
The city manager shall review the application and may approve the application, disapprove the application, approve the application with staff recommended conditions, or require additional conditions for approval. The city manager may decline to issue a park permit if he determines:
a. 
The purpose for which the public park property is to be used is unlawful;
b. 
The time, place, or manner of use is likely to cause substantial disturbance to persons residing in the surrounding area, or to businesses, or to schools located nearby, or is likely to result in damage to city property, or does not provide for a starting or stopping time for said use; or
c. 
For any other reasons as the city manager, in his sole discretion, may deem adequate.
(5) 
If the city manager declines to issue a park permit on the above grounds, he may suggest to the applicant some other more appropriate time and place, if any, at which the proposed activity could be held and for which the city manager would be willing to issue a permit; or may suggest some modifications in the manner of use to alleviate or minimize the risk of substantial disturbance, destruction of city property, or other factor which, if modified, would cause the city manager to issue a permit. If the applicant agrees to the modifications proposed by the city manager, a park permit shall be issued accordingly; otherwise, it shall be denied.
(6) 
The city manager may, in his discretion, require the applicant to post a bond in sufficient amount to indemnify the city against anticipated damage to city property, against the expense of special police protection, or against the expense of cleaning up the park property after the event has occurred. The posting of such a bond may be made a condition precedent to the issuance of a park permit, but the bond shall not be excessive in the amount nor be in an amount in excess of the city's anticipated expenditures with respect to the activity for which the permit is sought. Any bond required will be in addition to the liability insurance requirement for all permits listed below.
(7) 
Any applicant refused a permit may appeal the city manager's decision to the city commission by filing a request for review with the city secretary within five working days after the applicant receives written notice of such adverse determination. The city secretary shall place the request for review on the agenda of the next regular or special meeting of the city commission. The decision of the city commission upon such appeal shall be final.
(8) 
When a park permit is approved, the applicant shall furnish to the city a certificate of liability insurance in the amounts required on the application form that names the city as an additional insured for the activity. A permit fee as established in the city fee schedule in chapter 18 is hereby established to cover the city's cost of processing the approved permit. This fee shall be nonrefundable, regardless of whether the permit is used or not.
(9) 
The park permit issued hereunder shall be set forth with particularity the conditions upon which the permit is issued, including, but not limited to, the following:
a. 
Date, start time, and finish time for which the permit is effective;
b. 
The activities authorized under such permit;
c. 
The area or facility that the permit holder is authorized to use; and
d. 
Such other conditions as the city manager has deemed appropriate as detailed above.
(d) 
Pets are not allowed in any city recreation facility or golf course where posted. Pets are allowed in park areas when secured by a leash of the type required by the city leash ordinance. Assistance animals, as defined in Texas Human Resources Code § 121.002, are allowed in all city parks, recreation, or golf facilities.
(e) 
No mechanical rides, inflatable structures (e.g., "moon walks"), or other commercial recreational devices are allowed in any city park unless part of a city sponsored or city approved special event. Such equipment is allowed within the fenced area of rental pavilions and other fenced rental facilities.
(f) 
The parks and recreation director, with the assistance of the parks and recreation advisory board, shall formulate rules and regulations for the use of and operation of any and all park properties, sports facilities, pools, and appurtenances thereto; including, but not limited to, hours and schedule of facility operation, safety rules, and user regulations. Such rules and regulations shall not include the establishment or alteration of fees for the use of park properties, sports facilities, pools, and appurtenances thereto.
(g) 
Prohibited activities in the parks.
(1) 
To ride or drive any motorcycle, automobile, or other motorized vehicle upon any sidewalk, hiking or jogging trail, or within the city park. Further applicable restrictions are cited in section 36-107.
(2) 
It shall be unlawful for persons to play golf or practice golf within the city parks of the city. Any person driving a golf ball by striking it with a golf club within a city park, except in areas designated as a golf course shall be deemed to have violated this section and shall be subject to a fine, upon conviction.
(3) 
To swim, bathe, wade in, or pollute the water of any pond, lake or stream.
(4) 
To camp overnight unless otherwise approved by the city commission for an event.
(5) 
To sell or offer for sale any food, drinks, confections, merchandise or services, except pursuant to a permit issued by, or pursuant to a written agreement with the city.
(6) 
To practice, carry on, conduct, or solicit for any trade, occupation, business or profession without proper permit.
(7) 
Practicing and playing certain games.
No organized group shall conduct or participate in any tournament, camp, or organized sporting activity which has not been specifically authorized by the city commission or city manager, or which conflicts with a scheduled activity authorized by the city. For example, it shall be unlawful to play or practice golf because of potential turf damage and safety concerns, hit baseballs or softballs in areas where other park users are endangered or engage in other activities that create risk to persons or property (cricket, polo, lacrosse, archery and hockey are examples). Such games may be played, or activities undertaken in park areas set apart and/or designated for such purposes by the parks and recreation department.
(h) 
Enforcement.
(1) 
The city police department shall have the authority to eject from the park or facility and may be prohibit violator from future access to the parks or facility if person(s) found to be in violation of this chapter, as it exists or may be amended, or any other ordinances applicable to parks and recreation usage, as it/they exist or may be amended.
(2) 
A person who violates any provisions of this section shall be subject to potential citation and municipal court fines up to $200.00. The city police department shall be authorized to enforce this section.
(Code 1997, § 97.01; Ordinance 02-86, adopted 9/18/2002; Ordinance 08-34, adopted 5/21/2008; Ordinance 2024-31 adopted 2024)
(a) 
Motor vehicles are hereby prohibited in all parks, including the municipal golf course in the city, except on designated paved roadways and other driving surfaces designated as "park roads." Developed travel trailer parking spaces are exempted from this section.
(b) 
Nothing contained herein shall prohibit city maintenance, police, fire, or other emergency vehicles from traveling anywhere within the confines of any park within the city, nor the operation of golf carts within the confines of the said golf course.
(Code 1973, § 22-2; Code 1997, § 97.02; Ordinance 77-22, adopted 4/20/1977; Ordinance 79-22, adopted 5/2/1979)
(a) 
Prohibited generally.
Except as hereinbelow provided, it shall be unlawful for any person to possess or consume alcoholic beverages within the boundaries of any of the parks within the limits of the city.
(b) 
Exceptions.
(1) 
The consumption of alcoholic beverages is permitted within the fenced enclosures of the pavilions at Pendleton Park (Pendleton Pavilion), Dixieland Park (Dixieland Pavilion), Victor Park (Victor Pavilion) and within the fenced enclosures of Giants Field, and any other fenced enclosure within Fair Park, if such beverages are consumed within the confines of such enclosures and are dispensed and consumed in conjunction with an activity conducted by an entity contracting with the city and paying a fee for the use of such pavilion or field.
(2) 
This section shall not apply to city owned public buildings rented or leased from time to time by the city as lessor, whether such buildings are located in such public parks or in other locations.
(3) 
The consumption of alcoholic beverages within the Lieutenant George Gutierrez, Jr. Veterans Memorial Park is unlawful unless a permit for such consumption is granted by the city commission. A permit for the dispensing and consumption of alcoholic beverages in the Lieutenant George Gutierrez, Jr. Veterans Memorial Park may be granted by the city commission if the commission finds the following:
a. 
The alcoholic beverages are to be dispensed and consumed in conjunction with an activity conducted by a Harlingen based nonprofit organization as defined by Section 501(c)(3) of the Internal Revenue Code of 1954;
b. 
Such entity has contracted with the city for the exclusive use and possession of the Lieutenant George Gutierrez, Jr. Veterans Memorial Park;
c. 
The entity has paid a fee for the use of said park;
d. 
The entity conducting such activity encloses the portion of said park to be used for such activity with a temporary fence with appropriate signs at all openings through such fenced enclosure prohibiting the removing of alcoholic beverages from the premises;
e. 
The entity conducting such activity prevents alcoholic beverages from being so removed;
f. 
The entity provides a certificate of insurance naming the city as an additional co-insured providing no less than $500,000.00 in the aggregate for personal bodily injury or death, $300,000.00 for personal bodily injury or death to any one person, and $50,000.00 coverage for property damage;
g. 
The entity conducting such activity does not use glass containers for any beverages, alcoholic or otherwise;
h. 
The entity agrees not to exclude any person from participating in such activity on the basis of race, color, sex, national origin, political affiliation, or religion; and
i. 
The entity conducting such activity provides no fewer than two port-a-cans or other enclosed portable restrooms for each sex.
(4) 
The sale and consumption of alcoholic beverages within the fenced enclosure of the H.E.B. Tennis Complex in Pendleton Park is unlawful unless a permit for such sale and consumption is granted by the city commission. A permit may be granted by the city commission if the commission finds the following:
a. 
The alcoholic beverages are to be sold and consumed in conjunction with a tennis tournament sponsored by the Harlingen Tennis Association;
b. 
The Harlingen Tennis Association has secured a liquor liability policy naming the city as an additional co-insured with waiver of subrogation against the city for each tournament in which the Harlingen Tennis Association proposes to sell alcoholic beverages at the H.E.B. Tennis Complex in Pendleton Park. Such liquor liability policy shall contain minimum limits of $500,000.00 per individual for bodily injury or death and a minimum limit of $1,000,000.00 per occurrence for bodily injury or death and $300,000.00 per occurrence for property damage;
c. 
The Harlingen Tennis Association shall execute an agreement with the City of Harlingen agreeing to hold the city harmless and indemnify the city from any suit or claim of any party arising from the sale and consumption of alcoholic beverages at the H.E.B. Tennis Complex by the Harlingen Tennis Association or with the permission of the Harlingen Tennis Association;
d. 
The Harlingen Tennis Association prevents alcoholic beverages from being removed from the fenced enclosure of the H.E.B. Tennis Complex;
e. 
The Harlingen Tennis Association agrees to prohibit the use of glass containers for any beverages, alcoholic or otherwise; and
f. 
The Harlingen Tennis Association agrees not to exclude any persons from participating in any tennis tournament as a contestant or as a spectator on the basis of race, color, sex, national origin, political affiliation, or religion.
(5) 
The sale and consumption of alcoholic beverages in Dixieland Park, Victor Park, Pendleton Park, Arroyo Park, Rangerville Road Park, Wilson Sports Complex and Soccer Complex Park shall be allowed in conjunction with an activity sponsored or co-sponsored by the City of Harlingen provided the alcohol vendor is a charitable nonprofit Internal Revenue Code 501(c) (3) organization that has been approved by the city, has met city insurance requirements, and has provided the city with a Texas Alcoholic Beverage Commission permit for the activity. The sale and consumption of alcoholic beverages in Lozano Plaza shall be allowed in conjunction with an activity sponsored or co-sponsored by the city provided the alcohol vendor is a charitable nonprofit Internal Revenue Code 501 (c)(3); (c)(4); or other legally-certified non-profit entity that has been approved by the city, has met city insurance requirements, and has provided the city with a Texas Alcoholic Beverage Commission permit for the activity.
(Code 1973, § 22-3; Code 1997, § 97.03; Ordinance 79-44, adopted 9/5/1979; Ordinance 81-62, adopted 8/5/1981; Ordinance 84-54, adopted 9/5/1984; Ordinance 86-29, adopted 4/2/1986; Ordinance 01-36, adopted 4/18/2001; Ordinance 14-42, § I, adopted 11/13/2014; Ordinance 2017-10, § I, adopted 2/15/2017; Ordinance 18-44, § 1, adopted 12/5/2018)
It shall be unlawful for any person to possess glass beverage containers at any time within the boundaries of any park within the limits of the city.
(Code 1973, § 22-4; Code 1997, § 97.04; Ordinance 79-44, adopted 9/5/1979; Ordinance 79-56, adopted 11/14/1979)
(a) 
For the purposes of this article, the boundaries of the Arroyo Hike and Bike Trail, hereinafter referred to as the Arroyo Trail, are defined as the land adjacent to the Arroyo Colorado between Expressway 77/83 and up to and including McKelvey Park, including all bridges crossing the Arroyo Colorado, with its borders being the high water marks as established and marked by the International Boundary and Water Commission ("I.B.W.C.").
(b) 
It is prohibited for any person to enter or be present within the boundaries of the Arroyo Trail between sunset and sunrise.
(c) 
It is prohibited for a motorized vehicle of any type to be within the boundaries of the Arroyo Trail. Nothing in this article shall prohibit police, fire, emergency vehicles, or maintenance vehicles of the City of Harlingen, I.B.W.C., and their authorized contractors from traveling anywhere within the boundaries of the Arroyo Trail.
(d) 
It is prohibited for any person to possess glass containers within the boundaries of the Arroyo Trail.
(e) 
It is prohibited for any person to deposit litter within the boundaries of the Arroyo Trail, except in public receptacles in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the Arroyo Trail or upon any other public place or private premises. Where receptacles are not provided, all such litter will be removed from the Arroyo Trail by the person responsible for its presence and be disposed of in a lawful manner.
(f) 
It is prohibited for any person to bring into or consume alcoholic beverages within the boundaries of the Arroyo Trail. A permit for the dispensing and consumption of alcoholic beverages may be granted by the city commission of the City of Harlingen using the regulations and procedures for granting similar permits for city parks.
(Ordinance 00-41, §§ I—VI, adopted 6/7/2000)
(a) 
No person shall smoke, light, or carry a lighted pipe, cigar, cigarette or other smoking device of any kind.
(b) 
No person shall ride or use a bicycle, scooter, skateboard, skates, inline skates, or other similar wheeled device, not including wheelchairs or other medically necessary wheeled devices.
(Code 1997, § 97.07; Ordinance 12-69, § I, adopted 11/7/2012)