0970 ORDINANCE NO. 970 OFFICIAL RECORD
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:
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 Council Approved April 06, 2010
Page 2 of 7
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:
(I) 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 concealed handgun may carry a concealed handgun in
accordance with state law.
City Council Approved April 06, 2010
Page 3 of 7
(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, however, the Director of Community Services may permit
the temporary occurrence of such activities for special programs
and events.
City Council Approved April 06, 2010
Page 4 of 7
(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.
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
City Council Approved April 06, 2010
Page 5 of 7
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.
(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."
City Council Approved April 06, 2010
Page 6 of 7
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.
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
City Council Approved April 06, 2010
Page 7 of 7
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.
4F/5
MAYOR /JOHN T RELL <%,∎Dl ASg,
ATTEST:
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CITY SECRET A; Y /LORI PAY JE
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PASSED AND APPROVED ON SECOND READING ON THIS 6 DAY
OF APRIL, 2010.
MAYOR/ JOHN ERRELL
ATTE T: D
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CITY SECRETA /LORI PAYNE
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APPROVED AS TO FORM AND LEGALITY: '<t` aa'
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CITY ATTORNEY
INVOICE
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 26-2674582
RECE-NED
Bill To: MAR - 8 2010
CITY OF SOUTHLAKE
1400 MAIN ST �)l P'' (i
11
STE 440 OFFICE
SOUTHLAKE, TX 76092-7604
CITY OF
Sales
Misc Fee
Attn: ACCOUNTS PAYABLE
CI Y OF
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Notice is hereby given
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Southlake, Te#
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I3580
that a public he
will be held on Mareh
16, 2010, atp.m.
or immediately fol-
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Session, during the
Regular Citty Council
meeting to be held
in the City Council
Chambers of TowP
Hall, 1400 M'rfh
Street, SouthlaRb,
Texas. Purpose ;}of
the public heariny'-is
to consider the s6c-
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and reading of , Oi'e,
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following ordinanU9:
ORDINANCE
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O. 970
AN ORDINANANCE:':,qF
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THE
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Customer ID:
CIT57
Invoice Number:
309048651
Invoice Date:
2/27/2010
Terms:
Net due in 21 days
Due Date:
2/28/2010
PO Number:
21000007-000
Order Number:
30904865
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
2/27/2010
77 77 LINE $0.81 $62.37
($5.00)
$5.00
Net Amount: $62.37
> ' CHRISTY L. HOLL.AND
My Commission Expires
July 31, 2012 pgE
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nd for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
y the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
REQUIKhMEN I S;
j REPEALING THE
YOUTH -PARK ' A -ND
RECREATIC'.N
BOARD• REPEALING
RECRE/STION PRO-
SUBSC GRAMS FOR ELE- 'O BEFORE ME, Tt
CHILDREN; Y PR O
VIDING THAT T�S
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BE CUMULATIVE F
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I ERABLITY CLA17,5�4//E;
PROV DING FOR
VIDING PENALTIES FORPUBLI-
CATION; AND P O-
VIDING AN EFLC-
TIVE DATE.
Thank City of Southlak-"O 3ayment
Lori Payne L;;i
— ___. _... City Secretary Ud -,._ ......... — ..-.-..._._.—...._. ,-._ — ...._...-.-...-.._..........._._...._._.._.._..._.-....,......_............................._.._._.._.-....._.. _.._ .._...._.._ .._._..._._..-._...- —
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Remit To: Star -Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 309048651
Invoice Amount: $62.37
PO Number: 21000007-000
Amount Enclosed:
INVOICE
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 26-2674582
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
Customer ID: CIT57
Invoice Number: 309633921
Invoice Date: 4/9/2010
Terms:
Net due in 21 days
Due Date:
4/30/2010
PO Number:
21000007-000.
Order Number:
30963392
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date: 4/9/2010
Attn: Attn: ACCOUNTS PAYABLE
Description's
Location Col_ Depth
Linage AMU Rate
Amount .,
CITY OF SOUTHLAKE ORDINANCE NO
13580 1 61
61 LINE $0.81
$49.41
CITY OF
Sales Discount
SOUTHLAKE
ORDINANCE NO. 970
($S.00)
AN ORDINANCE OF
THE CITY OF
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CODE OF ORDI-
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NANCES OF THE
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DEFINITIONS, TO
AUTHORIZE THE
DIRECTOR OF
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VICES_.TOe ISSUE
APR
THE STATE OF
County of Tarra
Before me, a N
the Star-Telegr
that the attach(
(817) 390-7501
SUBSCRIBED
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I PARK AND
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CHILDREN; PRO-
VIDING ORD ORDINANCE SHALL ;aid County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
BE CUMULATIVE of ar-Telegram, ram, Inc. at Fort Worth, in Tarrant Count Texas; and who, after being duly sworn, did depose and sa
ALL ORDINANCES; • g Y. 9 Y P Y
ERABIL Tv CLAUSE' cement was publish d in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
PROVIDING FOIE
PENALTIES; PRO- `
VIDING FOR PUBLI-
CATION;
PRO-
VIDING AN E FEC- Signed C
TIVE DATE.
PASSED AND AP-
PROVED THIS THE ORE ME, THIS Tuesday, ril 13, 10 �•�
6th DAY RI AP HE j" !
20'.0 DURING THE
REGULAR CITY
COUNCIL MEETING. Notary Public
MAYOR: John Terrell
ATTEST: Lorl Payne,
City Secretary
Thank You For Your Payment
----------------------------------------------
Remit To: Star -Telegram Customer ID:
CIT57
P.O. BOX 901051 Customer Name:
CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number:
309633921
Invoice Amount:
$49.41
PO Number:
21000007-000.
Amount Enclosed: