Item 4QM E M O R A N D U M
February 10, 2010
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
st
Ordinance No. 970, 1 Reading, the Policy Ordinance Review
SUBJECT:
Committee (P.O.R.C.) revisions to Chapter 12 of the City Code
regarding Parks and Recreation.
st
Action Requested:
City Council approval of Ordinance No. 970, 1 Reading, the
Policy Ordinance Review Committee (P.O.R.C.) revisions to
Chapter 12 of the City Code regarding Parks and
Recreation.
Background
Information:
The current Chapter 12 of the City Code was adopted by the
City on June 20, 2000.
On November 9, 2004, city council appointed a Policies and
Ordinance Review Committee (P.O.R.C.) to review policies
and ordinances that influence the operations of the
Community Services Department. The committee consisted
of Council members Virginia Muzyka, Carolyn Morris, and
Greg Jones; then Park Board members Katrina Peebles,
Mike Mills and Cara White; Senior Advisory Commission
members Bill Kyle and Cleta Pierce; SYAC representative
Chelsea Payne and city staff members Steve Polasek and
Steve Moore.
P.O.R.C. reviewed Chapter 12 of the City Code regarding
Parks and Recreation and made the following revisions:
Sec. 12-33: Changed authority to grant variances to CS
Director instead of City Manager.
Secs. 12-31, 12-32, and 12-79: Made minor grammar
and “housekeeping” changes.
Deleted sections referencing Speed Limits in City Parks,
Youth Park Board, and After School Recreation
Programs.
Financial
Considerations:
N/A
Item 4Q -
1
Shana Yelverton, City Manager
Meeting Date – March 02, 2010
Page 2 of 2
Strategic Link:
This item is linked to the City’s Strategy Map related to the
focus area of Performance Management and Service
Deliveryand meets the corporate objective to Provide High
Quality Customer Service.
Citizen Input/
Board Review:
The Policy and Ordinance Review Committee reviewed and
forwarded revisions to the City Attorney for approval.
Parks Board recommended approval (9-0) at their February
8, 2010 meeting.
Legal Review:
City attorney reviewed and recommended changes. All
changes were implemented.
Alternatives:
1) Alternatives include:
City Council approval as presented
City Council approval with input as desired
City Council decision not to approve
Supporting
Documents:
Copy of Ordinance No. 970.
Staff
st
Recommendation:
Approve Ordinance No. 970, 1 Reading, the Policy
Ordinance Review Committee (P.O.R.C.) revisions to
Chapter 12 of the City Code regarding Parks and
Recreation.
Item 4Q -
2
ORDINANCE NO. 970
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS,
AS AMENDED, BY AMENDING CHAPTER 12, ARTICLE II “CITY
PARKS” TO AMEND CERTAIN DEFINITIONS, TO AUTHORIZE THE
DIRECTOR OF COMMUNITY SERVICES TO ISSUE SPECIAL PERMITS
OR GRANT VARIANCES, TO AMEND CERTAIN DUTIES OF THE
BOARD, AND TO REPEAL PROVISIONS RELATED TO SPEED LIMITS
ON CITY PARK ROADS AND SIGN POSTING REQUIREMENTS;
REPEALING THE YOUTH PARK AND RECREATION BOARD;
REPEALING RECREATION PROGRAMS FOR ELEMENTARY-AGE
CHILDREN; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PENALTIES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City of Southlake, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS
, the City Council wishes to amend Chapter 12 of the Code of
Ordinances by repealing provisions authorizing the Youth Park and Recreation Board
and Programs for Elementary-Age Children; and
WHEREAS
, the City Council is acting pursuant to the recommendations of the
Director of Community Services and the Parks and Recreation Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS THAT:
SECTION 1
.
Article II “City Parks” of Chapter 12 of the Code of Ordinances, City of Southlake,
Texas, as amended, is hereby amended to read as follows:
“ARTICLE II.
CITY PARKS
Sec. 12-31. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
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Alcoholic beverage shall be defined to include any alcohol and any beverage
containing more than one-half of one percent of alcohol by volume which is capable of
use for beverage, either alone or when diluted.
City park shall be defined to be any park, playground or recreational area owned,
leased, operated or under the control of the city. This definition shall include but is not
limited to any athletic field, swimming pool, gymnasium, tennis court, and other similar
facility owned by the Carroll Independent School District and specified in the joint-use
agreement between Carroll Independent School District and the city.
Sec. 12-32. Rules and regulations.
The following regulations and restrictions are prescribed for the use of city parks:
(l)Alcoholic beverages prohibited. It shall be unlawful for any person to
possess or consume any alcoholic beverage in any city park.
(2) Riding, driving, or walking horses in city park. Except on designated horse
trails, it shall be unlawful for any person to walk, drive or ride a horse or
horses within any city park.
(3)Riding or driving off-road motorized vehicles in city park. Except on
designated off-road trails, it shall be unlawful for any person to drive or
ride an off-road vehicle within any city park. For the purposes of this
section, an off-road vehicle is a motorized vehicle designed and equipped
for use on surfaces other than paved roadway with such definition to
specifically include off-road motor bikes, go-carts, and dune buggies.
(4) Vehicular traffic prohibited in certain areas. Except in designated overflow
parking areas, it shall be unlawful for any motor vehicle to stand, stop,
park or cross onto or into any portion of a city park other than upon a
roadway or parking area so designated for such purposes.
(5) Time limitations on public use of park. Except for a city sponsored event, it
shall be unlawful for any person to use, enter into or be within a city park
during any posted hours which the park is closed.
(6) Littering. Littering is hereby prohibited in any city park. Littering shall
include leaving trash or other items by persons picnicking within a city
park and not placing trash and other items in appropriate trash receptacles
provided in such park.
(7) Firearms prohibited. It shall be unlawful for any person to carry on or
about himself or to discharge a gun, pistol, rifle, or other firearm within any
city park except that a person duly licensed by the state to carry a
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concealed handgun may carry a concealed handgun in accordance with
state law.
(8) Bicycles, skates, etc. It shall be unlawful for any person to ride a bicycle,
scooter, skate board, in-line skates, or roller skates on any tennis court or
basketball court owned or leased by the City, or in any other public areas
posted by the City.
(9) Hitting golf balls prohibited. Except in designated areas, it shall be
unlawful for any person to hit golf balls in city parks.
(10) Smoking prohibited except in designated areas. It shall be unlawful to
smoke in bleachers, dugouts, or other congested outdoor areas at city
parks.
(11) Glass containers prohibited in city park. It shall be unlawful for any person
to possess a glass container in a city park.
(12) Defacing public property.
(a) No person shall remove, destroy, mutilate, or deface any structure,
monument, statue, vase, fountain, wall, fence, railing, vehicle,
bench, building or other property located in any city park.
(b) No person shall cut, break, deface, injure, or remove the trees,
shrubs, plants, grasses, or turf within any city park.
(13)Wild animals. It shall be unlawful to catch, injure, kill, strike, or attempt to
strike with any object or weapon any animals within a city park, excluding
fish, which may be obtained in designated fishing areas following the rules
and regulations established by the State of Texas.
(14) Climbing, etc., prohibited. It shall be unlawful to climb any trees or walk,
stand or sit upon monuments, vases, fountains, walls, fences, railings,
vehicles, or any other property not designated or customarily used for
such purposes in any city park.
(15) Pollution of waters. It shall be unlawful to throw, discharge to, or otherwise
place or caused to be placed in the waters of any fountain, pond, lake,
stream, or other body of water in or adjacent to any park or any tributary,
stream, storm sewer, or drain flowing into such waters any substance,
matter, or anything liquid or solid, which will or may result in the pollution
of said waters.
(16) Boating and swimming. It shall be unlawful to swim, wade, boat, or canoe
in any area unless such area is designated for that purpose; provided,
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however, the Director of Community Services may permit the temporary
occurrence of such activities for special programs and events.
(17) Closing of game fields. The Director of Community Services or his
designated representative is authorized to assign any game field owned or
leased by the City as a closed field for maintenance or to protect the
surface of the game field from damage. It shall be unlawful for non-City
employees to go upon a game field which has been designated as a
closed field and has posted a sign stating “Field is closed. Trespassing on
a closed field could result in a $250.00 - $500.00 fine.”
(18)Erecting structures prohibited.
(a) No person shall place or erect any structure, sign, bulletin board,
post, pole, or advertising of any kind in a city park.
(b) No person shall attach to any tree, shrub, fence, railing, post, or
structure within any city park, any sign, bulletin board, or other
advertising device of any kind.
(c) The prohibitions contained in subsections (a) and (b) of this section
shall not be applicable to persons acting pursuant to and with the
written authorization of the Director of Community Services or his
designee.
(19) Projectile devices. No person shall posses, fire, or discharge a device
capable of propelling a projectile, including without limitation, any air gun,
pistol, bow and arrow, cross bow, or sling shot in a city park; provided,
however, the Director of Community Services may permit the temporary
occurrence of such activities in a city park for special programs and
events.
(20) Sale of merchandise. It shall be unlawful for any person to sell or offer for
sale any food, drinks, confections, merchandise, or services in any park or
playground unless such person has a written agreement or permit issued
by the City permitting the sale of such items in such park or playground.
This section shall have no application to sports organizations or social
organizations selling items to their own members, or at functions
sanctioned by the City.
(21) Sound amplification. It shall he unlawful to use any type of sound
amplification system in a city park without the written consent of the
Director of Community Services.
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Sec. 12-33. Variances.
The Director of Community Services or his/her designee (“Director”) is authorized
to issue special permits or grant variances to the provisions of this ordinance. The park
and recreation board will make recommendations regarding variances to the Director. A
special permit variance shall not be granted by the Director unless a written request is
submitted which demonstrates:
(1) Special circumstances exist which are peculiar to the applicant's ability to
utilize city parks; and
(2) That use of the city park by other groups or individuals will not be
adversely affected by granting the special permit variance.
[Secs. 12-34 - 12-60. Reserved.]”
SECTION 2
.
Section 12-79 “Duties and responsibilities.” of Chapter 12, Article III, Division 2 of
the Code of Ordinances, City of Southlake, Texas, as amended, is hereby amended to
read as follows:
“Sec. 12-79. Duties and responsibilities.
The duties and responsibilities of the park and recreation board shall be to:
(1) Act in an advisory capacity to the city council in all matters pertaining to
parks and recreation including development of long range capital
improvements programs.
(2) Cooperate with other city boards and commissions, other governmental
agencies, civic groups, and all citizens of the city in the advancement of
sound park and recreation planning and programming.
(3) Recommend policies for recreation services and park improvements.
(4) Recommend programs for development of recreational areas, facilities
and improved recreation services.
(5) Recommend the adoption of standards for recreational areas, facilities
and their financial support.
(6) Review an annual report of existing park and recreation programs and
services.
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(7) Review the Annual Operating and Capital Improvements Program budget
of the Community Services Department prior to submission to the city
council and submit a recommendation on the budget.”
All other provisions of Chapter 12, Article III, Division 2 are not amended by this
ordinance and remain in full force and effect.
SECTION 3
.
Division 3 “Youth Park and Recreation Board” of Article III of Chapter 12 of the
Code of Ordinances is hereby repealed in its entirety.
SECTION 4
.
Article VI “Recreation Programs for Elementary-Age Children” of Chapter 12 of
the Code of Ordinances is hereby repealed in its entirety.
SECTION 5
.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of Southlake, Texas, as amended, except where the
provisions of this ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event the conflicting provisions of such ordinances are hereby
repealed.
SECTION 6.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance is declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such 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
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall he fined not more than Five Hundred Dollars ($500.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate offense.
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SECTION 8
.
All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of Ordinance No. 970 or any other ordinances
affecting the regulation of parks and relating to the Parks and Recreation Board which
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
.
The City Secretary of the City of Southlake is hereby directed to publish caption,
penalty clause, and effective date clause in the official newspaper at least once within
ten (10) days after the passage of this ordinance.
SECTION 10
.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS ______ DAY OF
MARCH, 2010.
________________________________
MAYOR/JOHN TERRELL
ATTEST:
________________________________
CITY SECRETARY/LORI PAYNE
PASSED AND APPROVED ON SECOND READING ON THIS ______ DAY OF
MARCH, 2010.
________________________________
MAYOR/ JOHN TERRELL
ATTEST:
________________________________
CITY SECRETARY/LORI PAYNE
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APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
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