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HomeMy WebLinkAboutOrdinance No. 410 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY RELATING TO PARKS AND RECREATION BY ADDING A NEW SECTION 14-9 GOVERNING PARKS ADMINISTERED BY THE UNITED STATES ARMY CORPS OF ENGINEERS WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING DEFINITIONS; ESTABLISHING PARKING REGULATIONS; ESTABLISHING REGULATIONS GOVERNING VESSELS AND WATERCRAFT; ESTABLISHING REGULA- TIONS GOVERNING AIRCRAFT; AUTHORIZING SWIMMING AT ONE'S OWN RISK EXCEPT AS PROVIDED FOR HEREIN; PROVIDING FOR PICNICKING; ESTABLISHING CAMPING REGULATIONS; PROVIDING HUNTING, FISHING AND TRAPPING IN ACCORDANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS; ESTABLISHING SANI- TATION REGULATIONS; PROVIDING REGULATIONS GOVERNING THE USE OF FIRES; PROVIDING FOR THE CONTROL OF ANIMALS; AUTHORIZING THE DIRECTOR OF PARKS AND RECREATION TO ESTABLISHING AND POST VISITING HOURS; PROHIBITING THE POSSESSION OF LOADED FIREARMS, AMMUNITION, LOADED PROJECTILE FIRING DEVICES, BOWS AND ARROWS, CROSS BOWS AND EXPLOSIVES OF ANY KIND EXCEPT AS PERMITTED HEREIN; PROHIBITING THE DESTRUCTION OF PUBLIC PROPERTY; PROHIBITING THE ABANDONMENT OF PERSONAL PROPERTY; PROVIDING ADVERTISING REGULATIONS; PROVIDING FOR THE ISSUANCE OF PERMITS; PROHIBITING THE CONSTRUCTION, PLACING OR CONTINUED EXISTENCE OF ANY STRUCTURE OF ANY KIND UNDER, UPON, IN OR OVER THE PARK LANDS OR WATERS UNLESS A PERMIT HAS BEEN ISSUED; REGULAT- ING SPECIAL EVENTS; PROHIBITING THE FULL OR PART TIME OCCUPATION OF PARK LAND; PROHIBITING INTERFERENCE WITH CITY EMPLOYEES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony, Texas, (the "City") has jurisdiction and authority over all parks within the corporate limits of the City pursuant to State law and its Home Rule Charter; and WHEREAS, the City Council desires to maintain peace and order within the parks located within the City, including park lands administered by the United States Army Corp of Engineers; and WHEREAS, the City Council finds that the adoption of these regulations applicable to parks administered by the United States Army Corps of Engineers is in the best interests of the public health, safety, morais and weffare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That Chapter 14 of the Code of Ordinances of the City of The Colony, Texas (the "City") relating to parks and recreation is hereby amended in the following particulars, and that all other words, phrases, sentences, paragraphs or sections of Chapter 14 are not hereby amended but are in all things ratified, verified, approved and affirmed. A. That a new section 14-9 shall be added to Chapter 14, to read as follows: "Section 14-9. Corps of Engineers Parks. "The following regulations shall apply solely to parks and other recreation areas within the City which are owned and administered by the United States Army Corps of Engineers: "(a) Definitions. For purposes of this section, the following definitions shall apply: (1) "Projects" or "water resource development project" shall mean the water areas of any water resource development project administered by the Chief of Engineers of the United States Army Corp of Engineers and to all lands owned in fee by the United States Government and all facilities thereon of any such water development project. (2) "Vehicle" shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway, street, road, alley or other public right-of-way except devices used exclusively upon stationary rails or tracks. (3) "Vessel" means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. "(b) Vehicles. (1) Vehicles shall not be parked in violation of posted restrictions, or in such a manner as to endanger any project property or environmental feature. The owner of any vehicle parked in violation of this section shall be presumed to have parked it. (2) The operation of a vehicle off roadways is prohibited except at locations and times designated by the Director. (3) Vehicles shall be operated only in accordance with posted regulations. (4) No person shall operate any vehicle in a careless, negligent or reckless manner so as to endanger any project property or environmental feature. (5) At developed areas, vehicles shah be used only for ingress and egress unless otherwise posted. (6) Except as authorized by the District Engineer to person shall operate any motorized vehicle without a proper and effective exhaust muffler, or with an exhaust muffler cutout open, ar in any other rammer which renders the exhaust muffler ineffective in muffling the sound of engine exhaust. "(c) Vessels. (1) The placement and/or operation of any vessel or watercraft for a fee or profit upon project waters or lands is prohibited except as authorized by permit, lease, license or concession contract with the Department of the Army of the United States. This section shall not apply to the operation of commercial tows or passenger-carrying vessels not based at a project which utilizes project waters as a link in continuous transit over navigable waters of the United States. (2) Vessels or other watercrafts may be operated in the project waters except in prohibited or restricted areas in accordance with posted regulations and applicable Federal, State and local laws. (3) The operation of vessels or other watercraft in a careless, negligent or reckless manner so as to endanger any property or person (including the operator and/or user(s) of the vessel or watercraft) is prohibited. (4) All vessels, when in use, shall have safety equipment on board in compliance with U.S. Coast Guard boating safety requirements. (5) Vessels or other watercraft while moored in commercial facilities, community or corporate docks, or at any fixed or permanent mooring point may only 002 ~.J be used for overnight occupancy when such use is incidental to recreational boating. Vessels or other watercraft are not to be used as a place of habitation or residence. (6) Water skis and similar devices are permitted in nonrestricted areas except that they may not be used in a careless, negligent or reckless manner so as to endanger any property or person including the user or operator of the towing vessel. (7) All vessels when not in actual use shall be removed from the project unless securely moored at mooring facilities approved by the Director. The placing of floating or stationary mooring facilities to, or interfering with, a buoy, channel marker or other navigational aid is prohibited. (8) The use at a project of any vessel not constructed or maintained in compliance with the standards and requirements established by the National Safe Boating Act of 1971 (Public Law 92-75, 85 Stat. 213) or promulgated pursuant to such act, is prohibited. (9) The discharge or placing of sewage, galley waste, garbage, refuse, metal cans or pollutants into the project waters from any vessel or watercraft is prohibited. (10) Except as authorized by the Director, no person shall operate any vessel or watercraft without a proper and effective exhaust muffler, or with an exhaust muffler cutout open, or in any other manner which renders the exhaust muffler ineffective in muffling the sound of engine exhaust. "(d) Aircraft. (1) The operation of aircraft on project lands other than at the landing areas designated by the Director is prohibited. (2) Any use of project waters by aircraft is subject to the following rcstrictious: (i) Such use is limited to seaplanes at the risk of the aircraft operator, and passenger(s). (ii) seaplane operations contrary to the prohibitions or restrictions established by the Director are prohibited. The responsibility to ascertain whether or not projects, or portions thereof, are available for seaplane operations or whether seaplane operations are prohibited or restricted is incumbent upon the person(s) contemplating the use of, or using, such waters. (iii) All operations of seaplanes while upon project waters shall be in accordance with marine rules of the road for power boats or vessels. (iv) Seaplanes on project waters and lands in excess of 24 hours shall be securely moored at mooring facilities and at locations permitted by the Director. Seaplanes may be temporarily moored on project waters and lands, except in areas prohibited by the Director, for periods less than 24 hours providing that (i) the mooring is safe, secure and accomplished so as not to damage the rights of the City or members of the public and (ii) the operator remains in the vicinity of the seaplane and available to relocate the seaplane if necessary. (v) Commercial operation of seaplanes from project waters is prohibited without written approval of the Director following cousultation with and necessary clearance from the Federal Aviation Administration (FAA) and other appropriate public authorities and effected interests. (vi) No person shall operate any seaplane while on or above project waters or adjacent project land in a careless, negligent or reckless manner so as to endanger any person or property, seaplanes may not be operated at a project between sunset and sunrise unless adequate lighting and supervision are available. (vii) Nothing in the preceding provisions bestows authority to deviate from rules and regulations or prescribed standards of the Texas Aeronautics Commission, or the Federal Aviation Administration, including but not limited to regulations and standards concerning pilot certificates or ratings, and airspace requirements. (viii) Except in extreme emergencies threatening human life or serious property loss, the air delivery of any person or thing by parachute, helicopter or 0021J other means onto project lands or waters without written permission of the Director is prohibited. (ix) The provisions of this section shall not be applicable to aircraft engaged on official business of the City, State or Federal Government or used in emergency rescue or forced to land due to circumstances beyond the control of the operator. "(e) Swimming. Swimming, diving, snorkling, or scuba diving at one's own risk is permitted, except at launching sites and other areas designated by the Director. "(f) Picnicking. (1) Picnicking is permitted, except in those areas where prohibited by the Director. (2) Picnickers shall keep their sites free of trash and litter during the period of occupancy and shall remove all personal equipment and clean their sites upon departure. "(g) Camping. (1) Camping is permitted only at sites and/or areas designated by the Director. (2) Camping at one or more campsites at any one project for a period longer than 14 consecutive days is prohibited without the written permission of the Director. Written permission is required to camp at any project in excess of 14 days during any 30-day period. (3) The placement of camping equipment on a campsite or intermittent personal appearance at a campsite for the purpose of reserving a designated campsite for future occupancy is prohibited without the written permission of the Director. (4) The digging or leveling of any ground or the construction of any structure without written permission of the Director is prohibited. (5) Campers shall keep their campsites free of trash and litter during the period of occupancy and shall clean their c~.mpsites and remove all personal equipment upon departure. "(h) Hunting, fishing, trapping. Hunting, fishing, and trapping are permitted in accordance with applicable Federal, State, and local laws except in areas designated by the Director. "(i) Sanitation. (1) Garbage, trash, rubbish, litter or any other waste material or waste liquid generated on the project and incidental to authorized recreational activities shall be either removed from the project or deposited in receptacles provided for that purpose. The improper disposal of such wastes on the project is prohibited. (2) The use of refuse containers or other refuse facilities for dumping or disposal of household or commercial garbage, trash, rubbish, debris, sewage, dead animals or litter of any kind brought onto the project is prohibited. (3) It is a violation to bring onto a project any material for the purpose of disposal without written permission of the Director. "(j) Fires. (l) Gasoline and other fuels, except that which is contained in storage tanks of vehicles, vessels, camping equipment or hand portable containers, shall not be carried onto or stored within the project without written permission of the Director. (2) Fires shall be confined to those areas designated by the Director, and shall be confined to fireplaces, grills or other facilities designed for this purpose. Fires shall not be left unattended and must be completely extinguished prior to departure. (3) The gathering of wood is prohibited without written permission of the Director except for the gathering of dead material on the ground for use in designated recreation areas. "(k) Control of animals. (1) No person shall bring, or allow horses, cattle or other livestock in camping, picnic, swimming or other recreation areas except in areas designated by the Director. (2) No person shall bring dogs, cats or other pets into developed recreation areas unless penned, caged or on a leash under 6 feet in length, or otherwise under physical restraint at all times. No animals or pets are permitted in swimming beach areas. Unclaimed or unattended animals are subject to immediate impoundment and removal in accordance with State and City laws. (3) Allowing authorized livestock to enter upon or to be upon project lands and falling or refusing to remove unauthorized livestock from such lands when requested by the Director is prohibited. "(1) Restrictions. (1) The Director may establish and post a schedule of visiting hours and]or restrictions on the public use of a project or portion of a project. The Director may close or restrict the use of a project or portion of a project when necessitated by reason of public health, public safety, maintenance or other reasons in the public interest. Entering or using a project in a manner which is contrary to the schedule of visiting hours, closure or restrictions is prohibited. (2) Quiet shall be maintained in all public use areas between the hours of 10 p.m. and 6 a.m. Excessive noise during such times which unreasonably disturbs persons is prohibited. (3) The operation or use of uny audio or other noise producing device, including but not limited to communications media and motorized equipment or vehicles in such a manner as to unreasonably annoy or endanger persons, is prohibited. "(m) Explosive, firearms, other weapons and fireworks. (1) The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, cross bows or explosives of any kind is prohibited unless: (1) in the possession of a State or local law enforcement officer on official business; or (2) in the possession of a Federal Government employee with law enforcement authority and on official business; or (3) to be used for hunting and fishing as permitted under this Section; or (4) to be used at authorized shooting ranges; or (5) written permission has been received from the Director. (2) The possession or use of fireworks is prohibited unless written permission has been received from the Director. "(n) Public property. Destruction, injury, defacement, removal or any alteration of public property, including, but not limited to constructed facilities, natural formations, historical and archeological features, and vegetative growth, is prohibited without the written permission of the Director. Any such destruction, removal or alteration of public property shall be in accordance with the conditions of any permission granted. "(o) Abandonment of personal property. (1) Personal property of any kind shall not be abandoned or left unattended upon project lands or waters. After a period of 24 hours, unattended 0021S personal property may be impounded and stored at a storage point designated by the Director, who may assess a reasonable impoundment fee. Such fee shall be paid before the impounded property is returned to its owners. (2) The Director shall, by public or private sale or otherwise, dispose of all lost, abandoned or unclaimed personal property that comes into City custody or control However, property may not be disposed of until diligent effort has been made to find the owner, heirs or next of kin, or legal representative(s). If the owner, heirs or next of kin or legal representative(s) are determined but not found, the property may not be disposed of until the expiration of 120 days after the date when notice, giving the time and place of the intended saie or other disposition, has been sent by certified or registered mail to that person at the last known address. When diligent effort to determine the owner, heir or next of kin or legal representative(s) is unsuccessful the property may be disposed of without delay, except that if it has a fair market value of $25 or more, the property may not be disposed of until 3 months after the date it is received at the storage point designated by the Director. The proceeds of the sale shall be deposited into the City treasury. "(p) Advertisement. Advertising by the use of billboards, signs, markers, audio devices or uny other means whatsoever including handbills, circulars and posters is prohibited without written permission of the Director, said permission to be given in accordance with the City's sign ordinance. Vessels and vehicles with semipermanent or permanent painted or installed signs are exempt as long as they are used for authorized recreational activities and comply with all other rules and regulations pertaining to vessels and vehicles. "(q) Commercial activities. The engaging in or solicitation of business without the express written agreement of the Director is prohibited. "(r) Permits. (1) It shall be a violation of these regulations to refuse to or fail to comply with the terms or conditions of any permit issued under the provisions of this seetinn. "(s) Unauthorized structures. The construction, placing or continued existence of any structure of any kind under, upon, in or over the project lands or waters is prohibited unless a permit, lease, license or other appropriate written agreement therefor has been issued by the Director. Structures not so authorized are subject to summary removal or impoundment by the Director. The design, construction, planing, existence or use of structures in violation of the terms of the permit, lease, license or other written agreement therefor is prohibited. "(t) Special events. (1) Special events including but not limited to water carnivals, boat regattas, music festivals, drumatie presentations or other special recreation programs are prohibited unless written permission has been granted by the Director. (2) The public shall not be charged any fee by the sponsor of such event unless the City Coancil has approved in writing the proposed schedule of fees. The Director shall have authority to revoke permission and require removal of any equipment upon failure of the sponsor to comply with terms and conditions of the permit or permission. "(u) Unauthorized occupation. (1) Occupying any lands, buildings, vessels or facilities within water resource development projects for the purpose of maintaining the same as a full or part time residence without the written authorization of the Director is prohibited. The provisions of this section shall not apply to the occupation of lands for the purpose of camping. (2) The ranging, grazing or watering of livestock on project lands and waters is prohibited except when authorized by lease, license, or other agreement with the Director. "(v) Interference with City employees. Interference with any City employee in the conduct of his or her offieiai duties pertaining to the administration of these regulations is prohibited. It is a violation to fail to comply with a lawful order directed by any City employee in the performance of his or her official duties pertaining to the administration of these regulations. Section 3. Severabihty. If any section, urtiele, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby deelarns it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. Penalty. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 5. Emergency. The fact that the present ordinances and regulations of the City of The Colony, Texas, are inadequate to properly safeguard beaith, safety, morals, peace, and general welfare of the inhabitants of the City of The Colony, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and general weffare of the public which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND~./~PROVED~by the City Council of the City of The Colony, Texas on this the __~_~day of ~..~, 1986. ity of The Colony, T'dxas ATTEST: Cd'Colony, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of The Colony, Texas