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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 Ord. 410-2oos Amid code of Ord Insert Park Regulation Aw 1 10-14-0e 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 Ord. 410-2008 Anand code of Ord msen Pan ReguMms.doc 2 1414-08 (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 Ord. 410-2008 MOW Code of Ord Insert Pads ReguMws.doc 3 104408 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. Ord. 410.2008 Amend Code of Ord Insert Palk RegWetions.doc 4 10.14-08 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 Ord. 410.2008 Amend Code of Ord Insert Park Regulalions.doc 5 1414-08 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 Ord. 410-2008 AMWW Code of Ord Insert Park RegWations.doc 6 10.14-6 (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 Ord. 4142008 Amend Code of Ord insert Park Regula8ons.doc 7 1414-08 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 Ord. 410.2008 Amend Code of Ord insert Park Regula8ons.doe 8 10.14-08 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 Ord. 4102008 Amend Code of Orel Insert Park ReWdationsAm 10 10-14-06 vmm� uP ucpuan pc,m,uwmc uruv wyywscu 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 Ord. 410.2008 Amend Cafe of Ord Insert Park ReguWd8 .doc 11 10-14-05