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0827ORDINANCE NO. 827 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS BY MODIFYING SECTION 12-32, PARK RULES AND REGULATIONS; MODIFYING SECTION 12-77, PARKS AND RECREATION BOARD MEETINGS AND BY-LAWS; AND MODIFYING SECTION 12-148, REFERING TO RECREATIONAL CAMPING; REPEALING ALL ORDINANCES IN CONFLICT HEREVVITH; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under ils charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and 1VItEREAS, the City wishes to amend Chapter 12 of the Code of Ordinances by modifying sections 12-32, 12-77, and 12-148 to provide for the safety of park patrons and preserve park facilities; and WHEREAS, the Director of Conmaunity Services and the Parks and Recreation Board has recommended certain amendments to Chapter 12, sections 12-32, 12-77, and 12-148; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That sections 12-32, 12-77, and 12-148 of Chapter 12 of the Code of Ordinances, City of Southlake, Texas, is hereby amended to read as fbllows: Chapter 12 - PARKS AND RECREATION Sec. 12-32. Rules and regulations. The following regulations and restrictions are prescribed for the use of city parks: (1) Alcoholic beverages prohibited. It shall be unlawful for any person to possess or consmne any alcoholic beverage in any city park. (2) Riding or driving horses in city park. Except on designated horse trails, it shall be unlawful for any person to drive or ride a horse or horses within any city park. (3) Riding or driving off-road vehicles in city park. Except on designated off-road trails, it shall be unlawful for any person to drive or ride an nfl road vehicle within any city park. For the purposes of this section, an off- road vehicle is a vehicle designed and equipped for use of any 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 lbr 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. (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 nwned 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 tbr any person to hit golf balls in city parks. (10) Smoking prohibited except unlawful to smoke in bleachers, dugouts, city parks. in designated areas. It shall be or other congested outdoor areas at (11) Glass containers prohibited in cio' 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, tbuntain, wall, fence, railing, vehicle, bench, building or other property located in any public park. (b) No person shall cut, break, deface, injure, or remove the trees, shrubs, plants, grasses, or turf within any public 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 public 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 public 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. (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 thereon a sign stating "Closed Field - Do not trespass on this field $250 - $500 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 public park. (b) No person shall attach to any tree, shrub, fence, railing, post, or structure within any public 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 public park; provided, however, the Director of Community Services may permit the temporary occurrence of such activities in a public park for special programs and events. (20) Sale of merchandise. It shall be unlawful for any person to sell or oiler for sale any fuod, 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 sate 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 be unlawful to use any type of sound amplification system in a public park without the written consent of the Director of Community Services. (Ord. No. 646, §§ 11--21, 8-15-95; Ord. No. 646-A, §§ 10--21, 9-1-98; Ord. No. 646-B, §§ 10--21, 6-20-00) Sec. 12-78. Meetings and by-laws. The board, shall meet in the first regular session following the annual appointment of new board members by the City Council and shall select from the members a chairman, vice-chairman, and secretary for one year terms and until their successors are elected. (Ord. No. 646, § 3, 8-15-95; Ord. No. 646-A, § 3, 9-1-98; Ord. No. 646-B, § 3, 6-20-00) Sec. 12-148. Prohibited in city except in certain designated areas. It shall be unlawful for any person to camp on any public or private property within the corporate limits of the city unless such property is properly designated as a recreational campsite or campground in an appropriate zoning district of the city, or unless otherwise permitted in the comprehensive zoning ordinance; provided, however, the Director of Community Services may permit the temporary occurrence of such activities in a public park for special programs and events. (Ord. No. 577, § 2, 12-1-92) SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. 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 shall be 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 4. 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 be 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 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 827 or any other ordinances affecting the regulation of 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 6. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8. 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 Al)PROVED ON DAY OF AUGUST, 2002. F~D~S 6th MAYOR ..... J ATTEST: -CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS 20TM DAY OF AUGUST, 2002. EFFECTIVE: __ August 9.,~, 2002 AP]Ii~OX/~D AS TO FOR~--A.I~D LEGALITY: Cit~ Attorney - N:'Parks & Recreation\ADMIN\ORDINANC\Ord827-Rules CC apprvd 8-20-02.doc INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 217508621 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 8/9/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21750862 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 8/9/02 NOTICE C Pure2 EA 1G Notic I3580 1 74 74 LINE $6.63 $490.62 Notic�heeeis lherssvC� Mao, of Ccsoutuuthlak•, Sales Disc( T.xae, that a public ($430.68) hearingy will be held on August 20, 2002, at 6:000O000000 P.m. or Im- thedl W lorrk essbn during the Regular toCity6 held in the City Town HaCha400 Main Street, Southlake, Texas. Purpose fconsdlrrin9 s to consider the second oing ordi- nance: ORDINANCE NO. AN ORDINANCE OF 1-..b L_ LC �f 1/] THE CITY OF 1 SOUTHLAKE TEX- AS, AMENDING THE NANCES OFOTTHE LAKE OTEXASS B AUG L b 2002 MODIFYING SEC- •• 11 TION 12-32, PARK RULESp AND REGU- INGISECt10N 12'77, THE STA' PARKS AND REC- OFFICE OF CITY SECRETARY County of RA-rags AST? LAWS; AND MODI- FYINGSECTION O Before met RbREEAT IO TAL for said County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for the Stal CAMPING REPEAL- ING ALL ORDI- the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the att NANCES IN cO I ertisement was published in the above named paper on the listed dates: BIDS 81 LEGALS DEPT. STAR TELEGRAM (817) 390 PROVIDINGREWFOF PUBLICATION; AND /Avg/v PROVIDING A EF- FECTIVE 1 SECTION 4. Any per- Signed12 .9 l C�,.--t son, who violates, 9isobeys, omits, ne- ;FORE ME, THIS Thursday,august 15,2002 SUBSCRIB� Iects or refuses to comply with or who (,)�-/� C� i resists the enforce- ment of any of the provisions of this or- NotaryPublic dinance shall be fined not more than Five Hundred Dollars ($500.00) for each ,.!" '�T�;: VICKI L.WASON offense.Each day that a� \i, a violation is permitted 'I 1'= MY COMMISSION EXPIRES Thank IT( to exist shall consti- r, �;: lute a separate of-yment i ,', iy. Tense. yment AUGUST 28,2004 City of Southlake— Kim Bush Acting City Secretary Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH,TX 76101-2051 Invoice Number: 217508621 Invoice Amount: $59.94 PO Number: Amount Enclosed: $ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 218009851 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 8/25/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21800985 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 8/25/02 DoeriptioOtai CITY OF SOUTHI; SOUTI LAKE-TEXAS IN I3580 1 63 63 LINE $7.09 $446.67 ORDINANCE NO. 827 AN ORDINANCE OF Sales Discount THE CITY OF ($395.64) SOUTHLAKE, TEX- AS, AMENDING THE CODE OF ORDI- NANCES OF THE CITY OF SOUTH- LAKE TEXAS BY MODIFYING SOUTH- LAKE, SEC- TION Net Amount: $51.03 RULES AND REGU- LAT NGISSEC ONS TIOMO N 12 77, PARKS AND REC- REATION BOARD MEETINGS AND BY- LAWS; AND MODI- FYING SECTION 12- 148, REFERING TO RECREATIONAL REPEAL- INGCAM PI ALL ORDI- NANCES IN CON- FLICT PUBLICATION; AND PROVIDING AN EF- FECTIVE DATE. {SECTION 4. Any per - tg2, firm or corpora- who violates, disobeys, omits, ne- . glects or refuses to THE STATE OF T1 resin is he enforce- meny o County of Tarrant prontvisioofnsa of this orthe- dinance shall be fined not more than Five Before me,a Nota forD each aunty and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for the Sur-Telegra °vlolaiionas peramitted Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached cl i�e Xat shallraie"ot- It was published in the abo e named paper on the listed dates: BIDS Brs,LEGALS DEPT. STAR TELEGRAM (817) 390-7182. fence. PASSED AND AP- �� /^� PROVED THIS THE loth DAY OF AU- ING TTHE0REGULAR Signed CITY COUNCIL SUBSCRIBED AN► AYORNRick Stacy 1E, THIS Friday,August 002. ATTEST: Kim Bush, I /, Acting City Secretary • FPE AS ORM V EDAllen Tayy-- Notary Public lor, Jr. {{ ,g.•"''''"G., CHRISTY L.HOLLAND Thank You For Your Payment '' MY COMMISSION EXPIRES '% " JULY31,2004 Remit To: Star-Telegram Customer ID: CIT57 P.O.Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH,TX 76101-2051 Invoice Number: 218009851 Invoice Amount: $51.03 PO Number: ___. Amount Enclosed: $ _____.. .._..____......_ �