HomeMy WebLinkAbout1953 04-10-2012 ORDINANCE NO. 1953
AN ORDINANCE AMENDING CHAPTER 541 "PARKS,
RECREATIONAL AND CULTURAL FACILITIES", ARTICLE 11,
"ADMINISTRATION", DIVISION 1. "GENERALLY", SECTION 54-32,
"HOURS OF OPERATION; POSTING OF SIGNS"; ARTICLE III,
"PARKS AND RECREATION AREAS", DIVISION 3, "REGULATIONS",
SECTION 54106, "PARKING VEHICLES"; SECTION 54-107, "USE OF
ROADWAYS AND PATHS"; AND ADDING A SECTION 54115,
"PROHIBITED ACTIVITIES"; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND AN EFFECTIVE DATE.
WHEREAS, the City of Euless has previously adopted a Parks Ordinance with
amendments thereto, and Rules and Regulations governing the use of public parks; and
WHEREAS, this City desires to amend regulations as they relate to hours of
operation, vehicle parking, use of roadways and paths and prohibited activities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1.
THAT Section 54-32 "Hours of operation; posting of signs", of DIVISION 1
"GENERALLY", of Article 11 "ADMINISTRATION", of Chapter 54 "PARKS,
RECREATIONAL AND CULTURAL FACILITIES" of the Code of Ordinances of the City
of Euless, Texas, as amended, is hereby amended to read as follows:
Sec. 54-32. - Hours of operation; posting of signs.
All parks will henceforth have hours of operation during which the public
may use said park; those hours will be from 5:00 a.m. to 11:00 p.m. unless
otherwise posted at a park or facility. It shall be unlawful for any person or
persons to use, loiter, congregate, trespass or assemble in a park at times
other than during the hours of operation, unless the use is for an event or
sporting activity which is supervised and approved by the director of parks
and community services, or his designee. The city manager may
authorize hours of park use, different from those stated above, if the city
manager deems it in the public interest. City employees and law
enforcement officers, utility company employees and their contractors
working within dedicated easements, or persons as otherwise designated
by the city manager, may enter the aforesaid park at any time in the
course of their employment.
SECTION 2.
THAT Section 54-106 "Parking vehicles", of DIVISION 3 "REGULATIONS", of
Article III "PARKS AND RECREATION AREAS", of Chapter 54 "PARKS,
RECREATIONAL AND CULTURAL FACILITIES" of the Code of Ordinances of the City
of Euless, Texas, as amended, is hereby amended to read as follows:
Sec. 54-106. - Parking vehicles.
(a) It shall be unlawful to park a motor vehicle, other than a city vehicle,
within a park facility at any place not designated as a parking area.
Motor vehicles in violation of this section may be issued a citation
and/or towed and stored at the owner or operator's expense in
accordance with state law. Exceptions may be granted by the
director of parks and community services, or his designee, in
specific instances where the number of dedicated spaces is not
adequate to support certain events and/or programs sponsored by
the City.
(b) Overnight parking. A person commits an offense by parking a
motor vehicle within a park facility overnight except by special
permit issued by the director of parks and community services, or
his designee, for designated park areas. Motor vehicles in violation
of this subsection may be issued a citation and/or towed and stored
at the owner or operator's expense in accordance with state law.
(c) The parking of any truck tractor, trailer designed to be pulled by a
truck tractor, tractor-trailer combinations or any vehicle rated at one
and a half tons or greater capacity is specifically prohibited at park
facilities, with the exception of city vehicles, vehicles operated by a
public utility or contractor thereof who are operating within an
approved utility easement, or vehicles involved in the maintenance
or operations of the park or events in the park with the approval of
the director of parks and community services or his designee.
Refer also to Section 82-89, City of Euless Code of Ordinances.
SECTION 3.
THAT Section 54-107 "Use of roadways and paths", of DIVISION 3
"REGULATIONS", of Article III "PARKS AND RECREATION AREAS", of Chapter 54
"PARKS, RECREATIONAL AND CULTURAL FACILITIES" of the Code of Ordinances
of the City of Euless, Texas, as amended, is hereby amended to read as follows:
Ordinance No. 1953,Page 2 of 7
Sec. 54-107. - Use of roadways and paths.
It shall be unlawful to operate, drive, or ride any motor vehicle within a
park facility on a surface other than a publicly dedicated road, street, or
parking lot. This provision is not applicable to city motor vehicles,
emergency vehicles, or motor vehicles that have received a city permit
authorizing their operation.
SECTION 4.
THAT Chapter 54 "PARKS, RECREATIONAL AND CULTURAL FACILITIES",
Article III "PARKS AND RECREATION AREAS", DIVISION 3 "REGULATIONS", of the
Code of Ordinances of the City of Euless, Texas, as amended, is hereby amended by
adding Section 54-115 "Prohibited activities"to read as follows:
Sec. 54-115. - Prohibited activities.
The following actions are prohibited in all parks and recreational facilities
of the city:
(a) Weapons. The possession or use of a firearm, pellet gun, air soft
gun, paintball gun, bows and arrows, slingshots or any device
capable of projecting any object which would or could create injury
to another or wildlife or is otherwise considered a potential danger
to the public; provided however, such prohibition shall not apply to
the carrying of handguns by duly licensed peace officers or holders
of valid concealed handgun permits or by special permit or prior
written approval by the director of parks and community services
and chief of police.
(b) Fireworks. Possession of fireworks is prohibited in the city per the
adopted fire code as amended.
(c) Unauthorized entry onto reserved faciiities✓scheduled activities.
Entry, occupancy or use of a reserved facility or area, or a location
where scheduled activities are occurring, during the period that the
area or facility is reserved or during the scheduled activity after the
person has been given notice to leave. Reserved facilities and
areas, and scheduled activities, include but are not limited to:
indoor and outdoor facilities, meeting rooms, gathering areas,
pavilions, gazebos, camps, classes, athletic fields and their
supportladjacent areas and facilities.
(d) Restroom use. Refer to Texas Penal Code Title 5, Chapter 21.07
as well as Title 9, Chapter 42.01.
(e) Controlled access. Entry into any controlled access portion of a
park or park facility or any area specially designated as a restricted
Ordinance No. 1953,Page 3 of 7
access area of any park facility, except by authorized city
personnel.
(f) Environmental disturbance. Intentionally removing, damaging,
defacing, cutting, scarring, marking, transplanting, breaking,
picking, or in any way injuring, damaging, or defacing any plants,
trees, shrubbery, vegetation, rock minerals, soil, turf, grass, and/or
other personal or public property within or upon any parks,
parkways, greenbelts, or other recreational areas. It shall further
be unlawful to plant or remove any type of plant in any park,
pathway, greenbelt, or other recreational area or facility without
prior approval of the parks and community services director, or his
designee.
(g) Fires. The starting of a fire except in enclosed fireplaces or grills
provided for this purpose, except with written permission from the
fire chief, or his authorized agent and/or representative, and the
parks and community services director, or his designee, in
designated park areas. Privately owned charcoal grills are not
permitted on grass areas or on picnic tables located in parks. It
shall be unlawful to leave a park area without extinguishing a fire.
(h) Golfing. The hitting of golf balls of any type in a park facility, except
in areas specifically designated for this purpose.
(i) Erecting structures. Erecting any structure, sign, bulletin board,
post, pole or advertising device of any kind whatever in any park or
playground, or attaching any notice, bill, poster, sign, wire, rod or
cord to any tree, shrub, fence, railing, post or structure within any
park or playground; provided, however, the director of parks and
community services may permit, by written authorization, the
erection of temporary decorations and/or structures on occasions of
public celebrations or holidays or approved special event.
Q) Animals. Teasing, annoying, molesting, catching, injuring or killing,
or throwing any stone, object or missile of any kind at, or striking
with any stick, object or weapon any animal, bird, fowl or fish in any
park or playground. Dogs or other animals are not permitted inside
park facility buildings, playground areas, athletic fields, or at any
city sponsored event where signs are visibly posted stating such.
Any person accompanying a dog or other animal shall immediately
clean up any feces left by such animal. A person commits an
offense if the owner or person that accompanies an animal fails to
have in his or her possession, materials that can be used to
immediately remove and dispose of any feces the animal produces.
Animals that are trained to assist the handicapped are permitted in
all park and recreation facilities.
Ordinance No. 1953,Page 4 of 7
(k) Use of parks and playgrounds. Any individual or group of
individuals participating in any activity on any park or playground
area when such activity will create a danger to the public or may be
considered a public nuisance.
(1) Sale of merchandise. Selling or offering for sale any food, drinks,
confections, merchandise or services in any park or playground
unless such person has a written agreement or a permit issued by
the city permitting the sale of such items in such park or
playground.
(m) Swimming and boating activities. Swimming or operating or riding
in any boat, canoe, kayak, any type of water craft or flotation
device, in or upon any pond, lake or other body of water within any
city park or playground or other city-owned property. This
prohibition shall not apply to any public or private swimming pool
within the city.
(n) Hunting. Hunting, trapping, killing, removing or releasing any
animal in any park, greenbelt, open space or property managed by
the Parks and Community Services Department. This provision
does not apply to city employees while performing official city
business.
(o) Discharging of Pool Water. Draining swimming pool back wash into
a park or adjacent property. All swimming pool back wash and
drainage shall be disposed of into the city sanitary sewer system
through lines and equipment installed in accordance with the city
plumbing code.
(p) Dumping in parks. Disposing of trash, tree limbs, brush, grass
clippings, plants and any debris or material into a park or into any
publicly controlled and/or maintained property.
(q) Alcohol. Selling, bringing into, possessing or consuming an
alcoholic beverage in any park of the city except upon special
permit granted by the city council upon application, which permit, if
granted, may contain terms and conditions applicable thereto.
(r) Use of skateboar slin-line skates/scooters. Using skateboards, in-
line skates and scooters except in designated locations and in
accordance with posted rules.
(s) Use of tennis courts. City owned tennis courts shall be used only
for playing tennis and not for any other purpose, such as
skateboarding, rollerblading, roller skating, kickball, cricket, football,
or handball.
Ordinance No. 1953,Page 5 of 7
SECTION 5.
CUMULATIVE CLAUSE. This ordinance shall be cumulative of all provisions of
ordinances and the Code of the City of Euless, Texas, governing parks except where
the provisions of this ordinance are in direct conflict with the provisions of such
ordinances, in which event the conflicting provisions of such ordinances are hereby
repealed.
SECTION 6.
SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 7.
PENALTY CLAUSE. Any person, firm or corporation violating any of the terms
and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined in accordance with Chapter 1, Section 1-12, Euless
Code of Ordinances. Each such violation shall be deemed a separate offense and shall
be punishable as such hereunder.
SECTION 8.
SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly
saved as to any and all violations of the provisions of the City Code or any other
ordinances regulating parks that have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
PUBLICATION. The City Secretary of the City of Euless is hereby directed to
publish the caption, penalty clause and effective date clause in the official newspaper of
the City of Euless, as required by Section 12 of Article II of the Charter of the City of
Euless.
Ordinance No. 1953,Page 6 of 7
SECTION 10.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of the
State of Texas.
PRESENTED AND APPROVED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the lo day of April 2012, by a
vote of 7 ayes, o nays and o abstentions.
APPROVED:
—A,"- 04'"2
Mary Lib Saleh, Mayor
ATTEST:
4e, ,4;j la��
im utter, RMC, City Secretary
APPROVED AS TO FORM:
6() ez _
Wayne K. Olson, City Attorney
Ordinance No. 1953,Page 7 of 7
INVOICE
Star-Telegram Customer ID: CIT09
808 Throckmorton St. Invoice Number: 320929441
FORT WORTH,TX 76102
(8 17)390-7761 Invoice Date: 4/16/2012
Federal Tax ID 26-2674582 Terms: Net due in 21 days
Due Date: 4/30/2012
Bill To: PO Number:
CITY OF EULESS ACCOUNTS PAYABL
201 N ECTOR DR Order Number: 32092944
EULESS, TX 76039-3543 Sales Rep: 073
Description: CITY OF EULESS O
Attn: ACCOUNTS . PAYABLE Publication Dates: 4/15/2012 -4/16/2012
Description Location,? Cot- Depth Linage MU Rate Amount
CITY OF EULESS N Legal Notices
CI'] ORDINANCE NO. 1953 1 56 56 LINE $0.00
AN ORDINANCE AMENDING CHAP-
TER 54, "PARKS, RECREATIONAL
AND CULTURAL FACILITIES",
ARTICLE II, "ADMINISTRATION",
DIVISION 1. "GENERALLY" SEC-
TION 54-32, "HOURS OF OPERA Net Amount: $0.00
TON; POSTING OF SIGNS"; AR-
TICLE III, "PARKS AND RECRE-
ATION AREAS", DIVISION 3,
"REGULATIONS",SECTION 54-106, i
"PARKING VEHICLES"; SECTION
54-107,"USE OF ROADWAYS AND
PATHS";AND ADDING A SECTION ;
54-115, "PROHIBITED
ACTIVITIES"; PROVIDING THAT
THIS ORDINANCE SHALL BE CU- \\\\ ♦ �.. HQ ////�
MULATIVE OF ALL ORDINANCES
PROVIDING A SEVERABILITY �5 ••,`y'��
CLAUSE; PROVIDING A PENALTY `y�/J Q Y PVB
FOR VIOLATIONS; PROVIDING A 2-0 o// O t 2-.._ + Q��
SAVINGS CLAUSE; PROVIDING �(
FOR PUBLICATION IN THE OFFI-
CIAL NEWSPAPER; AND AN EF- Gj
F DATE. i OF
EFFECTIVE E DATE. This ordinance
shall be in full force and effect �lIRE�'••• ���
from and after its passage and
publication as THE STATE OF TEXAS o less City e of Texas provided the laws
PENALTY FOR VIOLATION. Any
County of Tarrant person,firm or corporation violating
any of the terms and provisions of
Before me,a Notary ublic in and this ordinance shall be deemed
ry guilty of a misdemeanor and,upon personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star-Telegram,published by th conviction thereof, shall be fined h,in Tarrant County, and who,after being duly sworn,did depose and sa
in accordance with Chapter 1, Y 9 Y P Y
that the attached clipping of an ads section 1-12, Euless Code of Or- bove named paper on the lisle dates: BIDS&LEGAL DEPT. STA,\T'ELEGRAM
(817)215-2323 dinances. Each such violation shall
be deemed a separate offense and (�A
shall be punishable as such here-
under.
PRESENTED AND APPROVED ON
FIRST AND FINAL READING at a
SUBSCRIBED AND SWORN TO E regular meeting of the Euless City 0 1
Council on the 10th day of April
2012, by a vote of 7 ayes, 0 nays
and 0 abstentions.
APPROVED:
/s/ Mary Lib Saleh, Mayor
ATTEST:
/s/Kim Sutter,TRMC,City Secretary
APPROVED AS TO FORM:
/s/ Wayne K. Olson,City Attorney
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT09
P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN
FORT WORTH, TX 76101-2051 Invoice Number: 320929441
Invoice Amount: $0.00
PO Number:
Amount Enclosed: $ J
r