HomeMy WebLinkAboutOrd 410-2008 Establishing General Parks Regulations.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 410-2008
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE CITY OF ANNA
CODE OF ORDINANCES BY AMENDING PART 11 BY INSERTING A NEW ARTICLE
47 AND AMENDING PART IV, SCHEDULE OF FEES, ARTICLE V, SECTION 7;
ESTABLISHING GENERAL PARKS AND RECREATION REGULATIONS AND
SPECIAL EVENTS REGULATIONS; PROVIDING PARK TRAFFIC REGULATIONS;
PROVIDING REGULATIONS AND SETTING PERMIT FEES FOR SPECIAL EVENTS;
PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT
TO EXCEED $SW; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas (the "City") has established a Parks and
Recreation Advisory Board (the "Parks Board"); and
WHEREAS, the City of Anna, Texas City Council (the "City Council") has investigated
and determined that it would be advantageous and beneficial to the City and its
citizens to establish regulations for City Park facilities; and
WHEREAS, these regulations should be accessible to the public and codified in the
Anna City Code of Ordinances by amending Part II by inserting a new Article 47 and
by amending Part IV, Schedule of Fees, Section 6.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment to Part 11, Code of Ordinances
In accordance with Part 11, Article 1, Section 9 of the Anna Code, the following
amendment is made to Part II by inserting the following language as a new Article 47,
Sections 1-5:
ARTICLE 47. CITY PARKS, RECREATION AND SPECIAL EVENTS
Section 1. Definitions
The following words, terms and phrases, when used in this article,
shall have the meaniriqs ascribed to them in this section, excet where
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the context clearly indicates a different meaning:
1.01 City means the City of Anna, Texas.
1.02 City Council means the City Council of the City of Anna,
Texas.
1.03 City Park means a park owned or controlled by the City
that provides recreational opportunities for the citizens of Anna.
1.04 Park Area means any building, facility, public
improvement, trail, pathway, body of water, parking lot or other
grounds or areas within a City Park.
1.05 Parks Board means the City of Anna Parks and
Recreation Advisory Board. NOTE: Notwithstanding any
provision of this Article, the Parks Board is solely an advisory
body that may make recommendations to the City Council, the
approval or rejection of which rest solely with the City Council.
The City Council further has discretion to overrule any
recommendation made by the Parks Board that any permit or
other request be denied.
1.00 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 any department or
employee of the City, or any other public service department.
Section 2. General Park Regulations
2.01 Park hours
Hours of general park use shall normally be from one hour before
dawn until 11:00 p.m. City Parks shall be open for the public every
day of the year during designated hours, except during unusual
and/or unforeseen emergencies. City Park hours may be revised by
the City Council and the Parks Board may make recommendations
in this regard.
2.02 Swimming, boating, and fishing in parks
(a) It shall be unlawful for any person to utilize any creek, pond,
lake or other body of water in any City Park for swimming or
boating, unless such activities are specifically authorized
and permitted under this Code or other City regulations or
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(b) Electric or gas powered motor boats are unlawful on all
bodies of water except by approval from the City Manager or
his authorized representative.
(c) Fishing shall be permitted only from the banks of any creek,
pond, lake or other body of water in any City Park. No
trotlines, throw lines, fish traps or nets shall be permitted.
Fish may not be cleaned in any City Park. Fishing is strictly
limited to catch -and -release and no fish that are caught may
be removed from a City Park.
2.03 Disruptive behavior; expulsion from City Park property
(a) It shall be unlawful for any person to willfully interfere with,
disrupt, or prevent the orderly conduct of any supervised
sporting event, play or amusement program conducted by
the City, a duty authorized third party, or any person acting
under a duly authorized permit in or on any City Park.
(b) It shall be unlawful for any individual or group of individuals
to participate in any activity in or on a City Park when such
activity will create a danger to the public or may be
considered a public nuisance. It shall be unlawful for any
person to remain in any building, swimming pool, playground
or other Park Area after being advised by a police officer or
other duly authorized representative of the City to leave
such premises.
(c) The City Council may designate particular locations within a
City Park for specific activities and, when deemed
necessary, it may limit the conduct of such activities by the
issuance of special permits upon application, which permits
will set out the particular conditions under which such activity
is permitted. Special Event regulations are set forth in
Section 4 of this Article.
(d) Any person charged with violating any rule or regulation
regarding City Parks may be expelled from and prohibited
from entering City Parks, provided a hearing is heli before
the Parks Board and the person charged is given reasonable
notice of the hearing and the opportunity to present a
response to such charges. Upon a finding of grounds for
expulsion, a recommendation for expulsion by the Parks
Board, and approval of expulsion by the City Council, any
person who is expelled from any City Pari( who enters any
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City Park during the expulsion period 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 City Council approves, but shall not exceed 90
days.
(e) A person who has been expelled from a City Park and is
expelled again within a two-year period from the date of the
expiration of the person's earlier expulsion shall be subject
to the same procedure set forth in the foregoing paragraph,
except that if the Parks Board and City Council find that a
subsequent expulsion is necessary, the expulsion shall be
for a length of time not to exceed 180 days.
(f) The City Council's decisions as to expulsions are final.
2.04 Skating, skateboarding, rollerblading and bicycle riding
in parks and on hike -and -bike trails
Skating, skateboarding, rollerblading and bicycle riding shall be
governed by safe riding practices and consideration for use of
Park Areas by others. Where special parking provisions have
been made for bicycles, parking shall be limited to that area.
Skating, skateboarding, rollerblading and bicycle riding shall be
prohibited in playgrounds, flower beds, sidewalks other than
hike -and -bike trails or display areas, on tennis courts or athletic
fields or in picnic pavilions. Skating, skateboarding and
rollerblading shall be limited to Park Areas specifically
designated for those purposes.
2.05 Overnight camping
Overnight camping shall be unlawful except by special permit
issued by the Parks Board after approval by the City Council or
its designated agent for designated Park Areas. All groups shall
observe and obey all park rules and regulations and restore their
campsite area to its original condition.
2.06 Fires
Fires shall be permitted only in enclosed fireplaces or grills
provided for this purpose and otherwise in compliance with this
Code. It shall be unlawful to leave any Park Area without
extinguishing a fire. After use, coals shall be thoroughly
extinguished and cooled. Privately owned charcoal grills are not
permitted on grass areas or on picnic tables.
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Cross Reference, Part It, Article 21, Section 3
2.07 Unlawful to damage plants in parks or on other
recreational facilities
it shall be unlawful to damage, cut, carve, mark, remove,
transplant, break, pick, or in any way injure, damage or deface
any plants or turf within or upon any Park Area, parkways, trails,
greenbelts or other recreational areas. It shall further be unlawful
to introduce any plants into any Park Area, parkway, greenbelt,
or other recreational area or facility without prior approval of the
Parks Board and as approved by City Council. For the purpose
of this section, plants shall be defined to include any vegetation,
shrubs, bushes, trees, vines, hedges, grasses, flowers, or the
seed thereof.
2.08 Unlawful to possess or break glass or glass beverage
containers and other dangerous objects in
designated Park Areas
It shall be unlawful to possess on the premises of any
designated Park Area any glass beverage containers. It shall
also be unlawful to willfully break any glass or glass container in
any Park Area.
2.09 Unlawful to leave child under seven years of age
unattended
It shall be unlawful for a parent, guardian, or other adult having
care, custody, and control of a child to abandon or in any way
leave unattended a child under seven years of age and not
attended by an individual who is 14 years of age or older in any
Park Area or recreational facility except during and under the
supervision of a supervised program or activity.
2.10 Abusive or obscene language or acts prohibited
No person shall use or speak any threatening, abusive, insulting,
or indecent language in any City Park, and no person shall
commit in any City Park any obscene, lewd, or indecent act or
create any nuisance.
2.11 Animal restraint requirement
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within any City Parks and must otherwise be
with the City's Animal Control regulations as
(b) Owners must clean and dispose of any excrement or waste
deposited by the animal within any City Park.
Cross Reference, Part 11, Article 4
2.12 Unauthorized sale of goods within park unlawful
It shall be unlawful for any person not expressly authorized by
the City to offer any goods or services for sale within a City Park,
parkways, or other recreational facilities, or on public streets and
rights-of-way within 300 feet of the boundary of the same, except
in commercial areas where property zoned for retail and
commercial buildings has a certificate of occupancy for such
business purposes or unless a written agreement or permit has
been authorized and issued by the City.
2.13 Firearms, projectile weapons, etc.
(a) It shall be unlawful for any person to carry a concealed
handgun or any other type of firearm in a City Park, except
those persons who are duly licensed by the state to carry a
concealed handgun in accordance with the provisions of the
Texas Government Code Chapter 411, Subchapter H, as
amended, the Texas Concealed Weapons Act.
(b) It shall be unlawful for any person to carry or discharge a
projectile weapon in a City Park, except upon written
approval by the City Council and the fire marshal of the City
or its designated representatives upon recommendation by
the Parks Board. The term "projectile weapon" includes but
is not limited to firearms, fireworks, airguns, bows and
arrows, slingshots or any device which would or could
project any object which would or could create a fire hazard
or any hazard or danger to the public.
(c) The prohibition of the discharge of a projectile weapon set
forth in subsection (b) of this section shall not apply to the
use of a ball which is not utilized with the intent to harm a
person or animal.
Cross Reference, Part 11, Article 21, Section 4; Part ll, Article 29,
Section 4
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(a) A person commits an offense if he knowingly makes or
causes to be made any loud and raucous noise in any City
Park.
(b) It is a defense to prosecution under subsection (a) that the
person:
(1) is a City employee acting within the scope of his official
duties; or
(2) first obtained the written permission of the City Council
authorizing a Special Event in which loud noises are a
sanctioned part of the event, subject to restrictions
under state law.
(c) The following enumerated acts are presumed to create loud
and raucous noises for purposes of this section:
(1) The sounding of any horn or signal device on any
automobile, motorcycle, bus, or other vehicle, except as
a danger signal, as required by state law.
(2) The use of any mechanical loudspeaker or sound
ampler for the purpose of attracting the attention of
other persons by the creation of noise.
(3) 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 at a distance in
excess of 50 feet.
(4) The operation of any automobile, motorcycle, bus, or
other vehicle or mechanical device in such a manner so
as to produce a sound that is audible at a distance in
excess of 50 feet.
Cross Reference, Part U, Article 29, Section t
2.15 Alcoholic beverages
The consumption or possession of alcoholic beverages,
including, but not limited to, wine, beer, ale and mixed drinks, is
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street, sidewalk or parking area adjacent to a public park, unless
expressly authorized by the written permission of the City
Council authorizing consumption of alcohol in a City Park in
connection with an approved Special Event.
2.16 Liability of the City
The City shall not be held liable or bound for any loss or damage
claimed by reason of the loss or damage to personal property
taken or in any way on account of any personal injury of or death
to any penton entering the premises. The City specifically retains
any and all privileges and immunities available to it at law or in
equity.
Section 3. Parking and Traffic Regulations
3.01 Traffic permitted only on designated areas
It shall be unlawful for any unauthorized person to ride, use, or
operate any horse, motorcycle, motor scooter, go cart, golf cart,
all -terrain vehicle or any other motorized vehicle in or upon Park
Area --other than street -legal vehicles in City Park parking lots—
with the exception of a City employee acting within the scope of
his official duties or as otherwise expressly permitted in writing
and in advance by the City Council.
3.02 Speed of vehicles
It shall be unlawful for any person to drive any motor vehicle in
parking lots at a rate of speed in excess of that which is
reasonable and prudent under the conditions and circumstances
then prevailing, taking into account the conditions of the
roadways and other motor and pedestrian traffic therein, and in
no event shall any person drive in or through City Park at a rate
of speed in excess of 15 miles per hour unless otherwise posted.
3.03 Traffic Signs
It shall be unlawful for any person to fail to comply with the
directions of any posted sign within a City Park. 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.
3.04 Overnight parking
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No vehicle may be parked overnight in any City Park, except
City vehicles or other authorized vehicles or with written
approval of the City Council after recommendation by the Parks
Board. Vehicles in violation of this subsection may be towed at
the owner's expense.
Section 4. Special Events
4.01 Permit required; application; transferability; false
statements
(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 Board as approved by the City
Council. A separate permit is required for each Special
Event.
(b) Upon receipt of the required fee and completed application
form, the Parks Board shall review the proposed event and
prescribe specific requirements for the Special Event as
approved by the City Council. Once the conditions are
established for the event, an agreement shall be executed if
approved by the City Council 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 after 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.
4.02 Fee for Special Events permit; duration
A nonrefundable permit application fee in the amount set forth in
Part IV, Article V, Section 7 of this Code, plus any actual costs
incurred by the City of Anna in reviewing such application that
• . j a F., ''1.. . .
exceeds said amount, is required for each permit or renewal of a
permit, which shall extend only to those dates requested in the
application and which is recommended by the Parks Board and
approved by the City Council.
Cross reference: Part IV, Schedule of Fees, Article V, Section 7
4.03 Suspension of permit
The Parks Board may recommend—and with approval of the
City Council—may suspend or refuse to renew a Special Events
permit for failure to comply with the Special Events agreement or
this section.
4.04 Special Events agreement
After approval of a permit, the applicant and the City shall enter
into a Special Event agreement incorporating the terns and
conditions of said permit, and which, among other terms, will
release and hold harmless the City from any liability for the
Special Event.
Section 5. Penalty
Any violation of any of the terms of this ordinance, whether
denominated in this ordinance as unlawful or not, shall be deemed a
misdemeanor. Any person convicted of any such violation shall be fined
in an amount not to exceed $500 for each incidence of violation. Each
violation is considered a separate offense and will be punished
separately.
Section 3. Amendment to Part IV, Schedule of Fees
In accordance with Part 11, Article 1, Section 9 of the Anna Code, the following
amendment is made to Part IV, Schedule of Fees by inserting the following language
in Article V, Section 7:
Section 7. Special Event Permit Fee
Special Event Permit Fee $50.00
(Ord. No. 410-2008 adopted October14 2M
Cross reference: Part iJ Article 47 Section 4
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clean-up Inspection) $300.00
Section 4. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $500 for each incidence of
violation. Each violation is considered a separate offense and will be punished
separately.
Section 5. Savings, Severability and Repealing Clauses
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be hell to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as 0 such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
Section 6. Publication of the Caption Hereof and Effective Date
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption 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, this 14th day of October, 2008.
ATTESTED:
Citype( retary, Natha Willison
APPROVED:
Mayor Pro Tem, Kevin Anderson
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