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.
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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
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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
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