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HomeMy WebLinkAboutOrd 2002-14 Park Ordinance.pdfCITY OF ANNA, TEXAS ORDINANCE NO. C�00014 - 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. Paae 2 of 5 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. Paae 3 of 5 (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. Page 4 of 5 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 i : [V ty Secretary Paae 5 of 5 Mayor