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HomeMy WebLinkAboutORD 2018-68 - Parks & Rec FacilitiesORDINANCE NO. ao I S -A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING CHAPTER 12.20 ENTITLED "PARKS AND RECRETIONAL FACILITIES" OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN TEXAS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown ("City Council") recognizes the importance of maintaining safe parks and recreational facilities for the general public to enjoy; and WHEREAS, the City recently developed and annexed Garey Park into the City of Georgetown, which requires changes to the Chapter 12.20 to address Garey Park; and WHEREAS, additional changes to Chapter 12.20 will provide greater clarification, flexibility, and ease of administration in managing the City Parks; and WHEREAS, the City Council has determined that it is in the best interest of the City of Georgetown to amend Chapter 12.20 entitled Parks and Recreational Facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT; SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance complies with the Vision Statement of the City of Georgetown 2030 Comprehensive Plan. SECTION 2. Chapter 12.20 of the Code of Ordinances of the City of Georgetown, Texas is hereby amended in its entirety and shall provide as shown in EXHIBIT A. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be (00010246/v2 / / PARKS / PARKSORD / 10/10/20181 Ord. No. a O IS -(08 Parks severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the "2 day of 2018. PASSED AND APPROVED on Second Reading on the day of 4'J , 2018. ATTEST: THE CITY OF GEORGETOWN: Shelley Nowlin ity Secretary By: Dale Ross, Mayor APPROVEDAS TO FORM: Charlie McNabb, City Attorney {00010246 /v2/ / PPARKS / PAA) KSORD / 10/10/2018) Ord. No. Parks EXHIBIT A CHAPTER 12.20. - PARKS AND RECREATIONAL FACILITIES Sec. 12.20.010. -Definitions. "City park" means any property in the City designated as a park, playground, recreational facility, swimming pool or hike and bike path, and shall include buildings, parking lots and driveways in such areas. "Director" means the director of the City's Parks and Recreation Department or designee. "Reserved Facilities" means an area of a City park which may be reserved for the exclusive use of the reserving party and includes, but is not limited to, indoor and outdoor facilities, pavilions, meeting rooms, gathering areas, classes, athletic fields and their adjacent or support areas and facilities. "U.S. Army Corps of Engineers Park Land" means any property within the City's jurisdictional limits owned by the United States Army Corps of Engineers. Sec. 12.20.020. - Fees and regulations for City parks. The City Council authorizes the Director to establish usage fees, rental rates, and policies and regulations governing the use of City parks. The Director shall provide the City Council with an annual updated fee schedule for the City parks with a summary of changes adopted during the previous year. Sec. 12.20.025. — Compliance with law is condition of use of City parks. Any person may use City parks for any lawful purpose; provided however, the use of City parks shall be subject to compliance with all applicable provisions of this Code, state and federal law, and the rules and regulations promulgated pursuant to Section 12.20.020. Sec. 12.20.030. - Park Hours—Generally A. City parks shall be open to members of the public between the hours of 5 a.m. and 10 p.m. unless other public use or hours have been posted for such City park or facility, a lease or rental agreement exists allowing after hours use, or a permit has been issued by the Director authorizing after hours use pursuant to rules and regulations established in accordance with Section 12.20.020 of this Chapter. (00010246/v2 / / PARKS / PARKSORD / 10/10/2018} Ord. No. .........__ Parks B. It shall be unlawful for any person to remain within any City park or facility outside of the hours designated or permitted for its use who fails to leave immediately after being requested to do so. Sec. 12.20.040. - Closure of City parks. The Director may declare any City park, or part of any City park, closed to the general public at any time and for any interval of time, either temporarily or at regular or stated intervals. Sec. 12.20.050. - Prohibited practices. A. Golf Driving Range. It shall be unlawful to drive, pitch, hit or strike a golf ball in a City park B. Hunting, Bow Fishing. It shall be unlawful to hunt, or bow fish within City park boundaries. C. Glass Bottles. No person shall use or possess any glass beverage bottle in City parks. This shall not apply to Garey House or wine and liquor bottles used in the Community Center. D. Cliff Jumping, or Diving. It shall be unlawful for any person to dive or jump from any cliff or rock face in a City park. It shall be unlawful to knowingly, recklessly, or with criminal negligence, cause any person to dive, jump or fall from any cliff or rock face in a City park. E. Commercial Business Activities. It shall be unlawful to conduct any commercial or business activities of any kind for which any participation or admission fee is charged or any revenue is otherwise derived in a City park unless otherwise authorized by agreement with the City or by permit. F. Animals. Except in the off -leash areas designated pursuant to Section 12.20.070, it shall be unlawful to permit any dog to be in any City park, unless such dog is on a leash no longer than six -feet. Other than dogs, animals are not allowed at any time within City Parks except in authorized areas or as allowed by a permit issued by the Director. Except as provided above, it shall be unlawful for any person to bring, harbor, or release any other animal in City parks. G. Reserved facilities. It shall be unlawful for any unauthorized person to enter a reserved facility or are during the period of time the facility is reserved or to remain or return to a reserved facility after being given notice to leave. (00010246 /v2/ /PARKS/ PARKSORD / 10/10/2018) Ord. No. Parks H. Motor Vehicles. It shall be unlawful for any person to operate, drive, or ride any motor vehicles within a City park on a surface other than a road, street or parking lot. This provision is not applicable to city motor vehicles, emergency vehicles, or motor vehicles that have received a permit authorizing its operation. I. Parking. It shall be unlawful for a person to park a motor vehicle, other than a city - owned vehicle, within a City park at any place not designated as a parking area or otherwise authorized by permit. J. Disruption of Authorized Activity. It shall be unlawful for any person to knowingly disrupt an authorized activity conducted in a City park and it shall be unlawful for any person to remain in an area of a City park if the person's behavior is disruptive and the person is instructed to leave the property by a representative of Parks and Recreation. Sec. 12.20.060. - Special rules for U.S. Army Corps of Engineers Park Land. A. The rules and regulations found in Title 36 United States Code "Parks, Forests, and Public Property," Chapter III U.S. Army Corps of Engineers, Part 327 "Rules and Regulations Governing Public Use of Water Resources Development Projects Administered by the Chief of Engineers," as the same may be amended from time to time, are hereby adopted and incorporated herein by reference for all purposes and are applicable to the U.S. Army Corps of Engineers Park Land. B. City personnel shall have the authority to enforce the rules and regulations adopted by reference in Subsection A. of this Section on U.S. Army Corps of Engineers Park Land. Sec. 12.20.070. - Off -leash dog recreation areas. A. Off -leash dog recreation areas shall be established by the City Council in consultation with the City's Parks and Recreation Board, and due consideration shall be given to operational and animal regulation and care issues, including but not limited to: 1. Security measures to assure that the unleashed dogs remain contained within the dog recreation area; 2. Control of noise and other potential nuisances that might affect nearby land uses; 3. Parasite control; 4. Feces control within the dog recreation area and feces runoff from the dog recreation area; and 5. Provisions for dogs that do not participate in compliance with the applicable regulations. (00010246/v2/ /PARKS / PARKSORD / 10/10/20181 Ord. No. Parks B. Dogs with two or more documented aggressive incidents in the off -leash dog recreation areas shall be banned from off -leash dog recreation areas. If an owner takes a dog or allows someone else to take a banned dog to an off -lease recreation area after receiving notice of two or more aggressive incidents, the owner shall be in violation of this provision. 1. Aggressive incidents are defined as a display of menacing or threatening behavior including but not limited to a bite causing a wound, pierce or cut of a person or another dog. Sec. 12.20.080. - Violation—Penalty. Any person violating any provision of this Chapter is deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine in accordance with the provisions of Section 1.08.010. Each and every violation shall constitute a separate offense. (00010246/v2/ / PARKS / PARKSORD / 10/10/2018) Ord. No. Parks