HomeMy WebLinkAboutOrd 2002-14 Park Ordinance.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. C�00014
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AN ORDINANCE OF THE CITY OF ANNA CREATING A PARKS AND RECREATION
DEPARTMENT, ESTABLISHING PARK AND RECREATION DEPARTMENT REGULATIONS;
CREATING A PARK BOARD AND ESTABLISHING DUTIES THEREOF; ESTABLISHING
REGULATIONS FOR SPECIAL EVENTS; PROVIDING A PENALTY NOT TO EXCEED FIVE
HUNDRED DOLLARS ($500.00) FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR A
SAVINGS CLAUSE; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Anna has determined that there exists a need in the
city for park, recreation, and open space activities and facilities; and
WHEREAS, the City Council has determined that the creation of a parks department will assist
the City in its efforts to create an effective parks, recreation, and open space program; and
WHEREAS, the City Council of the City of Anna believes that the adoption and enforcement of
these regulations will significantly increase enhance the quality of life for residents of the city,
now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT
ARTICLE 1. ESTABLISHMENT OF PARKS AND RECREATION DEPARTMENT
Sec. 1-1. Establishment of parks and recreation department.
There is hereby created for the city the department of parks and recreation.
Sec. 1-2. Director of parks and recreation department.
The city council shall appoint the director of the department of parks and recreation to serve at
the pleasure of the city council, and the director shall have such duties and responsibilities as
may, from time to time, be delegated to the director by the city council.
ARTICLE 2. PARK REGULATIONS
Sec. 2-1, Park hours.
Hours of general park use shall normally be from one hour before dawn until 11:00 p.m. Parks
shall be open for the public every day of the year during designated hours, except for unusual
and unforeseen emergencies. Variation in hours may be permitted by the director of the parks
and recreation department.
Sec. 2-2. Disruptive behavior, expulsion from park property
Disrupting or interfering with supervised play or amusement program conducted by parks and
recreation department; expulsion from parks and recreation property.
(a) It shall be unlawful for any person to willfully interfere with, disrupt, or prevent the orderly
conduct of any supervised play or amusement program conducted by the parks and recreation
department of the city in any building, swimming pool, playground or park area located in or on
any public property within the city.
(b) It shall be unlawful for any person to remain in any building, swimming pool, playground or
park area in or on any public property within the city after being advised by the supervisor or
center director or the parks and recreation department to leave such building, swimming pool,
playground or park area located in or on any public property within the city.
(c) Public property, as used in this ordinance, shall mean any property held for public use by
any department or branch of an independent school district, community college district, or
municipal government within the city limits.
(d) Any person charged with violating any rule or regulation of the parks and recreation
department may be expelled from any property and facilities of the parks and recreation
department, provided a hearing is held before said department director and the person charged
is given the opportunity to present his response to such charges. Upon a finding of grounds for
expulsion, any person who is expelled from any public park or facility of the city by the parks
and recreation director who comes onto any park property shall be guilty of a misdemeanor and
upon conviction shall be fined as hereinafter provided. The expulsion shall be for a length of
time as the parks and recreation director shall direct, but shall not exceed 90 days. This
expulsion may be applied to the next session of league play, as may be determined by the
director.
The park board will serve as the final appeal board for any person who is charged with a
violation under this section and who has previously appeared before the parks and recreation
director. The park board's ruling shall be final.
Sec. 2-3. Traffic permitted only on designated areas
It shall be unlawful for any unauthorized person to ride, use, or operate any horse, motorcycle,
motorscooter, or any other vehicle in or upon the public parks, municipal golf course, school or
college property, or athletic field, except on designated roadways, parking areas, or equestrian
trails.
Sec. 2-4. Traffic signs.
It shall be unlawful for any person to fail to comply with the directions of any sign. The
existence of any sign purporting to direct or regulate vehicular or pedestrian traffic shall be
prima facie evidence that the same was posted by or at the direction of the City Council.
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ARTICLE 3. PARK BOARD
Sec. 3-1. Membership.
The parks and recreation board may consist of five to nine members appointed by the city
council.
Sec. 3-2. Terms of members; vacancies; officers
Members shall be appointed to places on the board. Terms of odd -numbered places shall
expire on June 1 of odd -numbered years; terms of even -numbered places shall expire on June
1 of even -numbered years. Members shall serve until reappointed or replaced.
All appointments to the parks and recreation board shall be for terms of two years, or until their
successors are appointed.
Vacancies on the parks and recreation board, occurring other than through expiration, shall be
filled by the city council for that portion of the unexpired term remaining.
The parks and recreation board shall elect a chairperson and a vice chairperson from among its
members.
Sec. 3-3. Duties.
It shall be the duty of the parks and recreation board to:
(1) Provide advice and counsel to the director of the parks and recreation department and the
City Council as requested in matters relating to the parks and recreation department.
(2) Assist in informing citizens of policies and functions of the parks and recreation department.
(3) Assist in the promotion of park -related bond programs and to encourage donations of land,
equipment, and resources in support of parks and recreation activities.
ARTICLE 4. SPECIAL EVENTS
Sec. 4-1. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Special event means any event that operates wholly or partially within the incorporated city
limits of the City of Anna which may require the use of or assistance from the parks and
recreation department, police department, fire department, or any other public service
department.
Sec. 4-2. Permit required; application; transferability, false statements.
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(a) A person commits an offense if he conducts, operates, or causes to be operated a special
event without first obtaining a permit from the parks and recreation department. A separate
permit is required for each special event.
(b) Upon receipt of the required fee and completed application form, the special events
committee shall review the proposed event and prescribe specific requirements for the special
event. Once the conditions are established for the event, an agreement shall be executed prior
to the issuance of a permit.
(c) Each permit application must contain the name, address, and telephone number of the
person who will be the permit holder and responsible for the proper operation of the special
event and payment of fees or charges levied under this article.
(d) A special event permit is nontransferable. A permit holder shall inform the parks and
recreation department in writing of any changes that alter information listed on the permit
application. No fee will be assessed for such changes.
(e) Any false statement or misrepresentation of a material fact made by an applicant or person
for the purpose of obtaining a permit shall be sufficient cause for refusal to grant or suspension
of a permit.
Sec. 4-3. Fee for permit; duration.
A nonrefundable fee of $25.00, plus any costs incurred by the City of Anna, is required for each
permit or renewal of a permit, which permit shall extend only to those dates requested in the
application and which are approved by the special events committee.
Sec. 4-4. Suspension of permit.
The special events committee may suspend or refuse to renew a special events permit for
failure to comply with the special events agreement or this article.
Sec. 4-5. Special events agreement.
After approval of a permit, the applicant and the city shall enter into a special event agreement
incorporating the terms and conditions of said permit, and which, among other terms, will
release and hold harmless the city from any liability for the special event.
Sec. 5. Violations.
A person, firm, or corporation violating any provision of this ordinance shall upon commission be
deemed guilty of a misdemeanor and shall be subject to a fine not to exceed to the sum of
$500.00 for each offense, and each day such violation continues committed or permitted shall
constitute a separate offense.
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Section 6. Repeal clause.
All parts of any ordinance in conflict with the provisions of this ordinance are to the extent of
such conflict hereby repealed.
Sec. 7. Savings clause.
If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder
of such ordinance shall continue in full force and effect the same as if such invalid or
unconstitutional provision had never been a part hereof.
Sec. 8. Effective date.
This ordinance shall be effective upon the posting and/or publication of its caption as required
by law and the City Secretary is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, by the following vote on this the 11th
day of June, 2002.
AYE 5
NAY 0
ABSTAIN Q
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[V
ty Secretary
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Mayor