Loading...
HomeMy WebLinkAbout251 05-25-1965 ORDINANCE NO. 251 AN ORDINANCE ESTABLISHING RULES AND REGULATIONS REGARDING CONDUCT IN MUNICIPAL PARKS AND PLAY- GROUNDS AND THE OPERATION OF MUNICIPAL AND FAMILY SWIMMING POOLSI DEFINING CERTAIN TERMS; PROHIBITING CERTAIN ACTIVITIES; ESTABLISHING GENERAL POLICY REGARD- ING PARK CONCESSIONS; PRESCRIBING PENALTY FOR THE VIOLATION OF THIS ORDINANCEI PROVIDING SEVERANCE CLAUSE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS: ARTICLR I T I T L E This Ordinance shall be known and may be cited as the Parks and Recreation Ordinance of the City of Euless. ARTICL= It DEFINITIONS' For the purposes of this Ordinance the followinj terms, phrases and words have the meaning: given herein. (1) The word "shall" as used herein is mandatory and not merely directory. (2) The word`"park" or "parks" when used in this Ordinance shall be held to mean and include all that land that may be selected, obtained, or acquired by the City for use as parks, parkways, esplanades, median strips, or grounds, (3) The ward. "playground'' or "playgrounds" when used in this Ordinance shall be held to mean and include those areas of land that may from time to time be placed under the control of and used by the City Park and Recreation Department through the courtesy and in cooperation with the Hurst-6uUSs-Bedford Independent School District or any other agency, corporation, or individual. (4) "Swimming Pbol" is a body of water in an artificial or semi- artificial receptacle or other container whether located indoors or outdoors, used or intended to be used for public-, semi-public or private swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person as herein defined, whether he be an owner, lessee, operator, licensee or concessionaire, exclusive of a family pool as defined herein, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool, and also all swimming pools operated and maintained in conjunction with or by clubs, motels, hotels and community associations. (5) "Family pool" Is a swimming pool used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it without payment of any fee. (6) "Person" is any person, firm, partnership, association, corporation, company, or any organisation of any kind. ARTICLE M. CONDUCT IN PARKS AND PIAYGR©UNDS Section 1 - Safety of Patrons Genarallvs JA mitation, of Activities by Permit. It shall be unlawful for any individual or group of indixdusls to participate In any activity on any park or.playground area when such activity will create a danger t4 the public or may be considered a public nuisance. The DU*ctor of Parks and Reotestion may designate particular locations within park and playground areas for specific activities and when deemed necessary, he may limit the conduct of such activities by the issuance of special permits upon application, which permits shall set out the particular conditions under which such activity is permitted. Overnight camping is prohibited on any park property wwopt by special permit issued by the Director of Parks and Recreation for such activity on specific occasions. Section 3 - fury to rMs.__Shrubs. Fences, ate, It shall be unlawful for any person to out, break, deface, or in any way injure the trees, shrubs, plants, grass, turf, fountains, seats, fences, structures, impiwoments, ornaments or monuments, or property, within or upon any of this parks or playgrounds. Section 3 - Earkina Vehicles Where vehicle parking lots or areas have been set aside in a park in the City, no vehicle shall be driven over or across the curbs, sidewalks, grass, or lawn within such park, but shall be parked in such parking lots or areas and not otherwise. Section 4 - jrIyino Vehicles crud _Animal:. It shell be unlawful to drive or propel any vehicle over or through any park or playground except along or upon park drives, parkways, or park boulevards, or to drive or prortl along or over any park drive, park- way, or park boulevard, any heavily laden vehicle or vehicle carrying merchandise+ goods, material, or rubbish,, or any market wagon, milk wagon, dirt parts moving van, dray, or truckt and it shall be unlawful for any person to ride or to drive any hourss or other animal over or through any park or playground except alone and upon the designated bridle paths and driveways in such park or plisygrauftd• section S - 8aie oL ed, ndisa. It shall be unlawful for any poson to..sell or offer.fat sale any food, drinks, oonfacttono, m•rehandisa,. or serviats in any park or play- ground unless such person has a written agreement at a permit Issued by the Cit* permitting the sale of such items in such park or playground. Application for such agreements or permits shall be made to the city Manager. Section S - It shall be unlawful to place or erect any structure, sign, bulletin board, post, pole, or advertising device of any kind whatever in any park or I playground, or to attach any notice,. Dill, poster, sign. wrire, rod. or cord to any trees shrub, fence, railing; post, or sbusture within any park or playground; provi;r*d,r howeverir, that the Direatcar of*parks and Recreation may permit the erection of temporary decorations on oc©asi©as of public celebrations or holidays#- section 7 - RAMQYAM. . It shall be unlawful to remover, destroy, mutilates or deface any structure, monument, stature, vase, fountain, wall, fence, XMILhvi vehicle, bench, or other property in any park or playground. Section 8 - I *lnfiTs 1W.go= Sit UWN&• It shell be unlawful to tease, annoy, molest, catch, mince, or kill, our throw any *torte, obiect, or' missile of any kind at, or strike with any stick, *Moot, or weapon any animal, bird, fowl, or fish in any park or playground• ARTICLE IV REGULAXI N OF SWIMMING P001.$ Section I - Sconfi3ruction Permit and &Rroval. Before work is commenced on the oonstruction of a swimming pool or family pool or on any atlteration, addition, remodeling or other Improve- ment to a. swimming pool or family pooh an application for a permit to construct and the plans and specifications and pertinent explanatory data sha11 be submitted to the Building Inspection Department for its approval, and no part of the work shall be commenced until the Building Inspection Department has granted such approval by a written permit to construct and has further evidenced its approval by a suitable endorsement upon such plans and specifications. No department of the City charged with the duty of issuing permits for building, ~Ing or electrical work, for sewer connections or for other work in connection.with the construction of a swim- ming pool or the construction of any alteration, addition, remodeling or other improvement to a swimming pool or fancily pool shall issue a permit for a`swimming pool until the plans and specifications therefor have been thus endorwW by the Building Inspection Department, The Building In- speotion Department shall review such plans and specifications to determine whetter they comply with the provisions of this Ordinance and with reason- able standards of swimming pool construction for the protection of the public safetyo health and morals as`prescribed in Rules and Regulations promulgated by the Building Inspection Department pursuant to this Ordinance. The application to the Building Inspection Department for a permit to construct a swimming pool or family pool or to construct any alteration, addition, remodeling or other improvement to a swimming pool or family pool shall be submitted in such forms and be supported with such information and data, as well as plans, specifications and pertinent explanatory data, as the Building Inspection Department may require pursuant to its Rules and Regulations. Section 3 - Plans to be 9ubmIjW. Plans, specifications and pertinent explanatory data will be submitted with an application for a permit to construct a swimming pool or any altera- tion, addition, remodeling or other improvement of a swimming pool. Section 3 - omits urs 21 $XdmfiinS1_Pool. Every outdoor swimming pool or family pool shall be completely surrounded by a fence or wall not less than 4 feet in height, which shall be so constructed as not to have openings, holes, or gaps larger than 4 inches in any di -iension except for doors and t atas. A tJwelltng house or accessory building ,lay `oe used_ as [part of such enclosure. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use; device on latch to be a minimum of 4 feet above the ground, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. This requirement shall be applicable to all new swimming pools or family pools hereafter constructed, other than indoor pools, and shall apply to all existing pools which have a depth of water in excess of 18 inches. to person in possession of land within the City, either as owner, purchaser , lessee, tenant or a licensee, upon which is situated a swimming pool or family pool having a watersdepth in excess of 18 inches shall fail to provide and maintain such fence or wall as herein provided. The Building Inspection Department may make modifications in individual cases, upon a showing of good cause with respect to the height, nature or location of the fence, wall, gates or latches, or the necessity therefor, provided the protection as sought hereunder is not reduced thereby. The Building Inspection Department may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein. The Building Inspection Department shall allow a reasonable period within which to comply with the requirements of this Section. Section 4 - Safety, of Bathers. All reasonable precautions shall be taken to protect the users of and bathers in swimming pools and family pools from injury or accident. Con- venient means of ingress and egress shall be provided and the depth of water and any irregularities of the bottom shall be clearly indicated. Safety appliances such as lifebuoys, life hooks, bamboo poles, or ropes and equipment including first-aid kits shall be provided and be readily accessible. A sufficient number of attendants shall be on duty when the swimming pool is in use who shall be capable swimmers, competent in life-saving methods and artificial resuscitation. Section 5 - Bathers with Communicable Diseases_ No person having any skin eruptions or abrasions, sore or infected eyes, a cold, nasal or ear discharge, or any communicable disease shall be permitted to use a swimming ;pool or family pool. ipitting, spouting water , or blowing the noas in the swimming pool shall be strictly prohibited. The operator of a swimming pool shall post suitable placards embodying such personal regulations and instructions. Section 6 - A'SAIJA gli gi ProMigga, The buildings, grounds, dressing rooms, and all other swimming pool or family pool facilities shall be kept clean and in a sanitary condition and maintained free from garbage, trash and other refuse. Suction T - jUJgdWMW1k with En#cavm1mt of h29 Rights No swimming pool of family pool shall be so locattid` designed, operated or maintained as to interfere unduly with the enjoyment of their property rights by owners of`property adjoining the swimming pool or family pool csr located in the neighborhood. Section 8 Ila-MMAMM XCAAS. It shell be unlawful far any person to make, continue or cause to be made or Continued at any swimming pool air family pool any loud, unnecessary or unusual noise or any noise which'annoys# distrubs, injures air endangers the vor"n!`vrt, resew, health, pe ace or safety of other#. In the operation of a swimming, pool ot a family pool the u" at p�ittiug t w, war operation of anyradlo# rsveiving set, musical instrument,' phonograph at other-machine or device fat the producing or repcodusing of sound iii► such manner as to distrub the pear*, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is nocessw for convenient hearing of the person or persons who are in the swimming pool or family pool premises shall be unlawful. Section 9 w Comaliangs MdfA Reg of State Q22M=O 3t 21 Health. In the oonstruction, operatloa and maintenance of any swimming pool or family pool state laws and the rules, regulations and requirements of the State Department of Health shall be observed. In the event of any conflict between the provisions of this Ordinanoo and any provision of state law or requirements rule or regulation of the State E49artment of Public Health, the provision imposing be higher standard or the more stringent requirement shall be controlling. Section 10 - Indecent Exoosurg. Every person using an outdoor swimming pool or family pool, or an indoor swimming pool where the sexes are mixed, must weer a bathing suit or other suitable garment to protsot his person from indecent exposure. Section 11 - Ens, &Ml qj QgMUM Aad Gen=l Policy,; The pool use fees. hours of operation and general policy involved in the operation of municipal swimming pools shall be established by the City Council by proper entry in the Caundl Minutes upon the recommendation of the City Manager and the Dtrectcx of Parks and Re4reatlon. The City Manager,and the Director of Parks and Recreation shall consult with the Park and Recreation Board in effecting general policy for the operation of municipal' swimming pools and make sueIh r mmdndation�s to the City Council as may from time to time be deemed necessary and appropriate. ARTims v CONCESSIONS The City Council may from time to time upon the recommen0stio n of the City Manager grant concessions fort the operation of amusements, refreshment stands and related concessionaire familitiest for operation in municipal parks and playgrounds. Any such oomossivn shall be granted upon a written contract detailing the priviligess duties and re+spohstbilities of the concessto}na ire and providing adequate protootion far the Gity of Euless and its citisens. ARTICLB VI PENALTY Any person, firm or corporation violating any of the provisions of this Ordinance small be deemed guilty of a misdemsa zor and the personr firm or corporation, or an employee* an agent* manager# or officer thereof. shall be fined in any amount not lass than $$5.00 not more then $200.00 for each offence, and every violation of each and every day's failure or refusal to comply with the said provisions will constitute a separate offence, and in case of willful or continued violations by any persono firm or corporation as aforesaid, or their agents, employees, servants or officers, the City shill have power to revoke and repeal any license under which said person. firm or corporation may be acting, and revoke all permits, privileges and franchises granted to said person, firm or corporation aforesaid. ARTICLE VII SEVERANCE CLAUSE Should aay section, article, provision or part of this Ordinance be declared to be unconstitutional and void by a court of competent f urisdiction, such decisions shall in no way affect the validity of any of the remaining parts of this Ordinance unless the part held unconstitutional or void is Inseparable from and indispensable to the operation of the remaining parts. The City.Council hereby declares that It would have passed those parts which may be unconstitutional at the time of the passage of this Ordinance. ARTICLE VIII This OrdUiaace shall become affective and be in fuU farce and effect from and after the date of its adoption and publication as by law provided. ADOPTLD this 25th day of may . 1965. APPROVEDt J MAYOR ATTEST: City Secretary