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HomeMy WebLinkAboutORD 2009-52 - Exceptions to hours for City ParksAn Ordinance of the City Council of the City Of Georgetown, Texas Amending City Code of Ordinances Section 12,20,100 "Hours Open to the Public" and Adding New Section 12.20120 "Special Permit for Extended Hours" to the Code of Ordinances to Allow Exceptions to Park Hours; Repealing Conflicting Ordinances; Providing a Severability Clause; and Establishing an Effective Date, WHEREAS, the Cit' Council of the City of Georgetown has been requested to renew its park hours in Section 12.20.110 of its Code of Ordinances in order to detemune whether later park hours may be appropriate under certain cimare tances and in certain parks; and WHEREAS, after receiving input from the public on August 25, 2009 and reviewing the matter; the City Council found and determined that it would be in the best interest of the community to establish procedures allowing flexibility in the closing hours for San GabrielPark under certain circumstances as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, that: SECTION 1 The fat and recitations contained in doe preamble of this Ordinance are hereby declared to be he and correct, and are incorporated by reference herein and made apart hereof, as 4 copied verbatim The City Council hereby finds that enactment of fis Ordinance is not inconsistent or in conflict with the 2030 Comprehensive Plan. SECTION2 Section 12 20 100 relating to "Hours Open to the Public" is hereby amended and shall hereafter provide as follows: Seetion1220,100. Hours Open to the Public. The City Parks shall be open to the general public from dawn to dusk daffy, except as follows orspedcallyposted otherwise: 1. Hike and Bike Trail- The hike and bike hail along the San Gabriel River shall be open to the general public between the hours of 5:00 A.M. to 11:00 P.M. 2, lighted Sport Courts shah close at 11 P.M. 3, San Gabriel Park shall close at 12 AM, a. The Showbam, Rodeo Area, Football Field, Eagle Baseball Park and GYBA baseball fields within San Gabriel Park shall not be considered City Parks for the purpose of this Subchapter. Ordinance kNo. ExcsvnomToHOL16FOR CMP.M -SAN G;saRIrLPARK Page 1of4 4. Rental Events- this section shall not apply to persons attending events for which a portion of a city park has been rented under 12.20.040 Persons attending rental events must abide by the hours listed in See. 12.20.040 d. Community Events- This section shall not apply to persons attending a communty event sponsored by fire City pursuant to Resolution No. 02-IMTEE, as said resolution may be amended from time to time, 6, Closure an Order of the City Parks and Recreation Director - Is section shall not apply if the City Parks and Recreation Director has declared a City Park or a part of a Crty Park dosed pursuant to the authoritygrantedinSec.1220,110, i. Different Hours with Special Permit. ]his section shag not apply ti the City Parks and Recreation Director has issued a special permit pursuant totheauthodtygrantedin Soo, 1220120 SECTTON 3 New Section 1220120 relating to "Special Permit for Extended Hoe' is hereby added to the Code ofOrdinances and shall provide asfollows: Section 12.20-120. Special Permit for Extended Hours (A) This Section shall only apply to tax exempt charitable organizations hosting fundraising activities in San Gabriel Park if personnel associated Mth the organization need to remain in the park to safeguard equipment or supplies, or to tend cooking food. (B) The Parks and Recreation Diredor, or his or her duly authorized designee, may for good cause: (l) Grant a special permit allowing use of San GabrielParkfor the reasons stated in subsection (A) before andlor after the hours set forth in Section 12.20.100; and (2 Impose such terms and conditions on the permit holder as are deemed necessary and desirable, including but not limited to restrictions; on location, nom, lighting, and requirements for set- up and removal/takedown of any equipment, (C Applications for permits under this Section must be accompanied by a 010000 application processing fee. This application fee will be rethmed to the Applicant if the City's Parks and Recreation Director determines that the Applicant has complied with all provisions of the Ordinance No. ExLTFuoNsToHovasroRCuvPARKs- SAN GAaitmc PARK Page 2of4 extended -hours permit, all rules related to der -up, and all other applicable City ordinances. The rental rates in Section 12.20.030 shall also apply and must be paid in mE prior to permit issuance. The rental fees are non-rehndable. (D) No more than hvo (2) special permits shah be granted to an eligible entity in each calendar year, (E) Applicants must demonstrate that the yare atax exempt charitable organizationby providing copies of the following reorientation: (1) Annual information returns (e g,form 990�; (2) Exempt status application maferials;and (3) Notice of status under Section 027(1) of the Internal Revenue Code. (F) All permittees shah ensure that the area is left clean, hash is removed and properly disposed of at the end of the event, and any disturbed Wound is restored, (G) Failure to comply with the temisofthis Section, any permit issued hereunder, or any other applicable provision of the City Code of Ordinances shall be punishable in accordance with Chapter 1.08 of this Code of Ordinances and shall also be grounds for denial of subsequent permit applicaidons. SECTION 4 At Ordinances and Resolutions, or parts of Ordinances and Resolutions that ate in conflict with this Ordinance are hereby repealed, and nolonger ineffect, SECTION a If any provisions of this Ordinance or application thereof to any person or circumstance, shaE be held invalid, such invalidity shall not affect the other provisions, or applications thereof, of this Ordinance hv(tich can be given effect nidmut the invalid provision or application and to this end the provisions of tits Ordinance are hereby declared to be severable. SECTION 6 The Mayor of Geurgetawn is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force, and effecting accordance wlththe terms of the City Charter. PASSED AND APPROVED on First Reading on the _day of September, 2009. PASSED AND APPROVED on Second Reading on the _ day of September 2009 Ordinance No. EXCErn01\STo HouRsroRCm PARKS -SAN GABRIEL PAW Page 3ofd ATTEST. jcressBarrulton etary 4' � APPP VED�ASTOFORM; �117L[C l / L City Attomey THE CFFF OF GEORGETOWN: )L— Ceorge G Carver flavor Ordinance No. EXCEMONS no HOURS FOR Cm PARKS -SAN GABRIELPARK Page 4of4