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Item 6BM E M O R A N D U M March 10, 2010 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services nd Ordinance No. 970, 2 Reading, Approve the Policy Ordinance SUBJECT: Review Committee revisions to Chapter 12 of the City Code regarding Parks and Recreation PUBLIC HEARING nd Action Requested: City Council approval of Ordinance No. 970, 2 Reading, approve 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: Restored authority to grant variances to City Manager as stated in original code. 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 6B - 1 Shana Yelverton, City Manager Meeting Date – April 06, 2010 Page 2 of 10 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. st The City Council approved (7-0) Ordinance No. 970, 1 reading, at their March 2, 2010 meeting. Legal Review: The 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 nd Recommendation: Approve Ordinance No. 970, 2 Reading, the Policy Ordinance Review Committee (P.O.R.C.) revisions to Chapter 12 of the City Code regarding Parks and Recreation 6B - 2 Shana Yelverton, City Manager Meeting Date – April 06, 2010 Page 3 of 10 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 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: 6B - 3 Shana Yelverton, City Manager Meeting Date – April 06, 2010 Page 4 of 10 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. 6B - 4 Shana Yelverton, City Manager Meeting Date – April 06, 2010 Page 5 of 10 (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 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 6B - 5 Shana Yelverton, City Manager Meeting Date – April 06, 2010 Page 6 of 10 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, 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. 6B - 6 Shana Yelverton, City Manager Meeting Date – April 06, 2010 Page 7 of 10 (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. Sec. 12-33. Variances. The city manager or his/her designee 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 city manager. A special permit variance shall not be granted by the city manager 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. 6B - 7 Shana Yelverton, City Manager Meeting Date – April 06, 2010 Page 8 of 10 (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. (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. 6B - 8 Shana Yelverton, City Manager Meeting Date – April 06, 2010 Page 9 of 10 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. 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 __2__ DAY OF MARCH, 2010. ________________________________ MAYOR/JOHN TERRELL ATTEST: ________________________________ CITY SECRETARY/LORI PAYNE 6B - 9 Shana Yelverton, City Manager Meeting Date – April 06, 2010 Page 10 of 10 PASSED AND APPROVED ON SECOND READING ON THIS ______ DAY OF APRIL, 2010. ________________________________ MAYOR/ JOHN TERRELL ATTEST: ________________________________ CITY SECRETARY/LORI PAYNE APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY 6B - 10