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HomeMy WebLinkAboutOrdinance No. 15ORDINANCE AN ORDINANCE OF THE CITY OF THE COLONY ESTABLISHING A PARK AND RECREATION COMMISSION FOR THE CITY OF THE COLONY, TEXAS PROVIDING FOR ITS MEMBERSHIP, ORGANIZATION, DUTIES AND PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS : Sec. 1.01 Short Title This shall be commonly known and cited as the "Park and Recreation Ordinance". Sec. 1.02 Definitions For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future. Words in the Plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) CITY is the City of The Colony, Texas. (b) DIRECTOR is a person so designated and in charge of the Park and Recreation Department or any subdivision thereof, including those in -charge of any park area and its activities. (c) PARK is a park, reservation, playground, recreation center, or any area in the city owned or used by the city, and devoted to active or passive recreation, including all planted medians, parkways, triangles, and traffic circles maintained by the city. (d) PERSON is any person, firm, partnership, corporation, association, company or organization of any kind. (e) VEHICLE is any conveyance employing wheel, track, laying devices, runners, fans, or propellers, whether motor - powered, animal -drawn, or self-propelled. The term shall include trailers of any size, kind or description. Exception is made for baby carriages and vehicles in the service of the city. (f) LOITER is the walking around aimlessly without apparent purpose; lingering; hanging around; lagging behind, the idle spending of time; delaying; sauntering and moving about where such conduct is not due to physical defects or conditions. Sec. 1.03 Park and Recreation Board (a) ESTABLISHED: The park and recreation board consisting of seven (7) members is hereby established. (b) QUALIFICATIONS OF MEMBERS: Members shall be qualified voters of the City of The Colony. (c) APPOINTMENTS: TERMS OF OFFICE: Members shall be appointed by the City Council for two (2) year terms. Three (3) members shall be appointed to serve until September 1, 1978, and four (4) members shall be appointed to serve until September 1, 1979. Appointments following these terms shall be for two (2) year periods. In the event of a vacancy, the City Council shall appoint a member to serve for the unexpired term. (d) COMPENSATION: Members of the park and recreation board shall serve without compensation. (e) REMOVAL OF MEMBER; FILLING OF VACANCY: Any member of the board may be removed by a majority vote of the entire City Council for any just cause. The Council will then appoint a replacement to serve for the balance of the unexpired term. (f) DUTIES AND RESPONSIBILITY GENERALLY: The park and recreation board shall serve in an advisory capacity concerning the acquisition, maintenance, operation and use of parks, play- grounds, and open spaces within the City of The Colony and shall conduct its business at such times and under such rules and regulations as it may prescribe. PARK AND RECREATION ORDINANCE - Page two (g) MEETINGS, VOTINs: The park and recreation board shall meet at least monthly. A majority of the board shall constitute a quorum for the transaction of business. The chairman of said board shall vote only in case of a tie. Sec. 1.04 Activities in Park Regulated• Promulgation and Posting of Rules, Regulations (a) UNLAWFUL ACTS: Within the limits of any said parks, it shall be unlawful for any person or persons to do any of the acts hereinafter specified, except as may be otherwise provided: (1) To hitch, fasten, lead, drive or let loose any animal, reptile, or fowl of any kind, except in designated areas. (2) To ride or drive any horse or other animal, except in designated areas. To ride, drive or go at a rate of speed faster than speed limits as posted on standard traffic signs, upon any bicycle, motor- cycle, automobile, or any other vehicle whatsoever, upon any drive or street in any park of the city, or to ride or drive any such motorcycle, automobile or other motorized vehicle upon any walk in such park, except in designated areas. (3) To carry or discharge any firearm, firecrackers, rockets, torpedos or any other fireworks, airguns, BB guns, bow and arrows, slingshots; or hit golf balls except in designated areas. (4) To damage, cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus, or property; or to pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or to mark or write upon, paint, or deface any building, monument, fence, bench or other structure. PARK AND RECREATION ORDINANCE - Page three (5) To cut or remove any wood, turf, grass, soil, rock, sand gravel or fertilizer. (6) To swim, to bathe, wade in or pollute the water of any fountain, pond, lake or stream. (7) To make or kindle a fire, except in picnic stoves, braziers, fire pits or designated areas provided for that purpose. (8) To wash dishes or to empty salt water or other waste liquids elsewhere than in sinks provided for such purposes. (9) To leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles provided therefor. (10) To participate or engage in any activity on any public park area when such activity will create a danger to the public or may be considered a public nuisance. The park and recreation commission or the director may designate particular locations within park areas for specific activities, (overnight camping is prohibited on any park property, except by special permit issued by the director of Parks and Recreation). (11) To play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice, or other device, for money, chips, shells, credit or any other representative of value, or to maintain or exhibit any gambling table or other instrument of gambling or gaming. (12) To use or speak any threatening, abusive, insulting or indecent language in any of the public parks, and no person shall commit, in any such parks, any obscene, lewd or indecent act or create any nuisance. (13) To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition. PARK AND RECREATION ORDINANCE - Page four (14) To distribute, post, place, or erect any advertising handbill, circular, billing notice, paper or other advertising device without prior permission of the park and recreation department. (15) To sell or offer for sale any food, drinks, confections, merchandise or services, unless such person has a written agreement or a permit issued by the park and recreation department. (16) To practice, carry on, conduct or solicit for any trade, occupation, business or profession or to circulate any petition of whatsoever kind or character without approval of the park and recreation department. (17) To remain, stay or loiter in any public park between the hours of 10:30 PM and 5:00 AM of the following day or remain, stay or loiter in any park in other than open hours if posted as open other than 5:00 AM to 10:30 PM of the same day, except by special permit issued by the director of parks and recreation. (18) For any person over the age of six (6) years to use the restrooms and washrooms designated for the opposite sex. (b) PROMULGATION AND POSTING OF RULES AND REGULATIONS: The park and recreation director shall recommend to the City Council such rules and regulations as it deems best for the management of the public parks, and where such rules have been adopted for a specific park area and posted within the specific park so regulated, any person found guilty of violating such rules shall be quilty of a misdemeanor. (c) USE OF COMMERCIAL VEHICLES, ETC: All vehicles used for the purpose of transporting freight and merchandise, or brick, stone, or gravel, and all those commonly known as floats, moving wagons, express or delivery wagons are prohibited PARK AND RECREATION ORDINANCE - Page five (d) PARKING VEHICLES: No vehicle shall be driven over or across the curbs, sidewalks, grass or lawn within any park area unless signs permit. Parking is to be done in areas set aside, all parking will take place outside of the boundary or curbline, where existing. Where parking stalls have been designated all vehicles shall be parked on such lcts within and between the lines designating a single vehicle parking space and not otherwise. Where parking lots or areas within public parks of the city have been designated fcr head -in parking to front on a visible parking line without delineated single vehicle spaces, the front of the vehicle shall be placed on the parking line and as near as practicable to side of the last parked vehicle in line. No vehicle shall be parked or left behind any other vehicle in the parking line or back of such parking line in any manner so as to obstruct, block or hinder ingress or egress from the line. Officers of the police depart- ment of the city shall issue to violaters of this section traffic tickets or notices to answer to charges in the manner prescribed by the applicable ordinances, and the case shall proceed in accordance with such applicable sections. Where a vehicle is parked or left in violation of this section in such a manner as to obstruct or block traffic and the owner or operator of the vehicle cannot be found, police officers of the city may move the vehicle so that traffic will not be impeded. No variation to the requirements of this paragraph shall be allowed except by special permit issued by the director of park and recreation. Sec. 1.05 Enforcement (a) OFFICIALS: The director, park attendants designated by the director, and police department, shall, in connection with their duties imposed by law, diligently enforce the pro- visions of this chapter. PARK AND RECREATION ORDINANCE - Page six (b) EJECTMENT: The director, park attendants designated by the director, and any member of the police department shall have the authority to eject from the park any person acting in violation of this chapter. ('c) SEIZURE OF PROPERTY: The director, park attendants designated by the director, or any member of the police department shall have the authority to seize and confiscate any property, thing or device in the park or used in violation of this chapter. Sec. 1.06 PenaltiPg Any person, firm, corporation, or association violating any provision of this ordinance shall be deemed guilty of a mis- demeanor, and shall upon conviction thereof, be fined in any sum not less than $1.00 nor more than $200.00, and each day that the violation continues, and/or each act thereof, shall constitute a separate offense. Sec. 1.07 General Welfare THIS ORDINANCE IS DECLARED TO BE FOR THE GENERAL WELFARE. PASSED AND APPROVED at the City of The Colony, at a Regular Meeting of the City Council, on this i' day of �� ✓' , 1977. ATTEST: City Secretary City of The Colony ( S E A L ) PARK AND RECREATION ORDINANCE - Page seven