HomeMy WebLinkAboutOrdinance - 2011-O0021 - AMENDMENT TO CHAPTER 16 PARKS & OTHER PUBLIC PLACES - 02/24/2011First Reading Second Reading
February 24, 2011 March 2, 2011
Item No. 5.25 Item No. 5.9
ORDINANCE NO. 2011-0 0021
AN ORDINANCE AMENDING CHAPTER 16 (PARKS AND OTHER PUBLIC
PLACES) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS,
WITH REGARD TO REPEALING OUTDATED AND UNNECESSARY
PROVISIONS, AMENDING PROVISIONS TO ENCOMPASS CURRENT
PRACTICES, AND CONFORMING THE ORDINANCE TO THE STANDARDS AND
CONVENTIONS OF THE REST OF THE CODE OF ORDINANCES; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas finds and determines that it
is in the best interest of the citizens of the City of Lubbock to make the following
amendments to Chapter 16 (Parks and Other Public Places) of the Code of Ordinances of
the City of Lubbock; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT, Section 16.01.001 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 16.01.001 Powers and duties of director of parks
Subject to the approval of the city council, the director of parks and recreation,
with the recommendation and approval of the parks and recreation board, is
hereby authorized and empowered to prescribe rules and regulations to promote
the orderly use of all city parks and playgrounds including the designation of
areas where the acts and activities in this chapter and article 2.03, division 10 of
this code may be permitted and is further empowered to regulate such activities in
areas where they are permitted when it is necessary to control such activity for
public safety, to prevent congestion or to secure the maximum use of such public
park or playground for the comfort and convenience of the public.
SECTION 2. THAT, Section 16.01.002 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.01.004, reserving Section 16.01.002,
and is hereby amended to read as follows:
Sec. 16.01.004 Unlawful activities within parks
It shall be unlawful for any person within a public park or playground to commit
or do any of the following acts:
(1) To play any sanctioned game of baseball, softball, football, soccer, or
other games of like character, or to play any game or activity of golf,
archery, paintball, or other games of like character in any park or
playground except at the places set apart and designated as grounds
therefor.
(2) To place and/or operate any boat, raft or other watercraft capable of being
occupied by one or more persons, whether motor -powered or not, in or on
the waters of any pool, lake or river in any park within the city. Upon
receiving a permit from the director of park and recreation, the use of
zero -emission boats, rafts, or other watercraft may be allowed, but only in
the places set apart and designated therefor.
(3) To swim, bathe, wade, or ice skate in or on any waters, pool, lake or river
in any park within the city except at the places set apart and designated as
grounds therefor.
(4) To fish in any waters, pool, lake or river in any park within the city except
at the places set apart and designated therefor and in compliance with the
rules and regulations established therefor.
(5) To camp in any park within the city, except at the places set apart and
designated as grounds therefor by the director of parks and recreation.
(6) To ride, drive or propel any motor vehicle, all terrain vehicle, motorbike
or motor scooter over or through any park within the city, except upon the
grounds of Meadowbrook Golf Course and upon any other grounds set
apart and designated as grounds therefor. This section shall not apply to
city vehicles, emergency vehicles, designated contract service vehicles or
other vehicles as designated by the director of parks and recreation.
(7) To fly or launch any rocket or any model airplane, either by attached or
remote control, in any park or playground within the city except at the
places set apart and designated as grounds therefor.
(8) To operate or drive any vehicle within any city park at a speed greater than
twenty (20) miles per hour upon any park road.
(9) To remove any tree, shrub, bush or plant, or injure the bark, or pick the
flowers or seeds of any tree or plant, or attach any rope, wire or other
contrivance to any tree, shrub, bush or plant, or dig in or otherwise disturb
grass areas, or in any other way injure or impair the natural beauty or
usefulness of any area.
(10) To ride, lead or drive any horse, mule, donkey or other equine animal over
or through any park within the city except upon grounds set apart and
designated as grounds therefor.
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(11) To take game fish and nongame fish with any gear or device other than
pole and line. A permit to take game fish and nongame fish with gear or
devices other than pole and line may be granted by the director of parks
and recreation upon a finding that the party requesting the permit for such
activity has been granted authority by the department of parks and wildlife
of the State of Texas, and that the activity will further a public purpose of
the City of Lubbock.
(12) To remove, excavate, take, damage or search for any artifact, except as
expressly permitted by all entities having jurisdiction over such activities,
including, without limitation, the Texas Historical Commission.
(13) To bring, possess, carry or transport upon any public park any glass
container, including, without limitation, bottles and drinking glasses.
(14) To utilize or operate a metal detector or metal -detecting equipment within
any public park unless otherwise permitted in writing by the director of
parks and recreation.
(15) To keep or permit any dog or other animal in or about the boundaries of
the sporting facilities located in any park during an organized sporting
event except for animals used to aid a handicapped person or used for
police purposes.
SECTION 3. THAT, Section 16.01.003 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.01.005, reserving Section 16.01.003,
and is hereby amended to read as follows:
Sec. 16.01.005 Alcoholic beverages; littering
(1) Nuisances. The following list of activities are declared to be nuisances in
any public park or on any abutting or adjacent public way to a public park:
(a) Loitering with intoxicating liquor on the person;
(b) The drinking of any intoxicating liquors;
(c) The throwing of bottles or other containers; or
(d) The spilling or pouring of any such intoxicating liquor on the ground
or premises, thereby calculated to cause flies, insects, and an
unsanitary condition.
(2) Alcoholic beverages prohibited, exceptions. It shall be unlawful for any
person to consume any alcoholic beverage in any public park or for any
person to possess any alcoholic beverage in any public park within the
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corporate limits of the city unless otherwise specified by this section.
(a) The sale and consumption of alcoholic beverages within the
Meadowbrook Golf Course at Mackenzie Park may be allowed in
accordance with the laws of the State of Texas, as administered by
the Texas Alcoholic Beverage Commission.
(b) The sale and/or consumption of alcohol may be permitted at the
following selected park facilities:
(1) The Wells Fargo Amphitheatre,
(2) The American Museum of Agriculture,
(3) The Wind Power Center, and
(4) The Buddy and Maria Elena Holly Plaza
(3) Alcoholic beverages permitting procedures. The director of parks and
recreation shall develop guidelines and procedures to insure the following:
(a) That the sale and/or consumption of alcoholic beverages shall
comply with any and all License Agreements entered into by the
City of Lubbock;
(b) That the sale and/or consumption of alcoholic beverages shall
comply with all federal, state, and local regulations, including those
set forth in the Texas Alcoholic Beverages Code; and
(c) That the sale and/or consumption of alcoholic beverages is
conducted by special permit obtained from the director of parks and
recreation. The permit shall include, but is not limited to the
following information:
(1) The date, time, and location of the event;
(2) The type of event;
(3) The estimated attendance;
(4) The access to the event;
(5) The designation of a licensed and approved concessionaire or
caterer; and
(6) The site management and security.
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SECTION 4. THAT, Section 16.01.008 of the Code of Ordinances, City of
ubbock, Texas is hereby renumbered as Section 16.01.002, reserving Section 16.01.008.
SECTION 5. THAT, Section 16.01.003 of the Code of Ordinances, City of
k, Texas is hereby adopted to read as follows:
Sec.16.01.003 Definitions
For the purposes of this chapter, certain terms are defined as follows:
Arti act. Tangible object of the past that relates to human life and culture and/or
historical object with human workmanship or association.
Large trees. Trees which normally reach heights of fifty (50) feet and above at
maturity.
Medium trees. Trees which normally reach heights of twenty (20) to fifty (50)
feet at maturity.
Park playground. A designated area consisting of activity components, including
but not limited to swings, slides and climbers placed upon a protective surface
such as mulch, sand, gravel or a rubberized material, with boundaries defined by a
perimeter border such as concrete or fencing, and/or boundaries as indicated by
signage
Park trees. Trees, shrubs, bushes and all other woody vegetation on land
designated by the city as a public park, or on any land owned by the city to which
the public has free access, excluding lands which are part of the public right-of-
way.
Parkway. Any part of the public right-of-way lying between the curb or grade
line of any public street and the abutting private property line.
Pole and lure. A line with a hook, attached to a pole, including a rod and reel.
Sanctioned Game. A game or activity, but not practice activities, sponsored by
or affiliated with an association, organization, league or entity with its purpose, in
whole or in part, to regulate, organize, maintain, sponsor or otherwise affiliate
itself with the sport or activity at issue or such game or activity regulated or
officiated with umpires or referees.
Small trees. Trees which normally reach heights not exceeding twenty (20) feet at
maturity.
Smoke. Includes the following activities:
(1) Carrying or holding a lighted pipe, cigar, or cigarette of any kind or
any other lighted smoking equipment or device;
(2) The combustion of any cigar, cigarette, tobaccos, or any similar
article or any other combustible substance in any manner or in any
form; or
(3) Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any
kind.
Street trees. Trees, shrubs, bushes and all other woody vegetation on land within
any public right-of-way or parkway of a thoroughfare street within the city.
Thoroughfare street. A major street of the city traffic system which is used
primarily for fast and/or heavy traffic moving large volumes at moderate speed on
long intercity or intracity trips and designated as T1 or T2 in the city's master
thoroughfare plan in chapter 36 of this code.
SECTION 6. THAT, Section 16.01.004 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.01.006.
SECTION 7. THAT, Section 16.01.005 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.01.007, and is hereby amended as
follows:
Sec. 16.01.007 Closing hours of Meadowbrook Golf Course and parks
It shall be unlawful for any person, except authorized employees of the city or
persons authorized by the director of parks and recreation, pursuant to section
16.01.004(5) of the Code of Ordinances of the City of Lubbock, to enter into, or
remain upon, or to be upon the premises of the Meadowbrook Golf Course or any
public park in the city, between the hours of 12:00 midnight and 5:00 a.m.
SECTION 8. THAT, Section 16.01.006 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.01.008, and is hereby amended as
follows:
Sec.16.01.008 Unlawful activities within park playgrounds
It shall be unlawful for any person within a park playground to commit or do any
of the following:
(1) To enter into, or remain upon, or to be upon the premises of any park
playground between the hours of 10:00 p.m. and 7:00 a.m. The time of use
restrictions set forth herein shall not apply to City of Lubbock personnel
performing city -related functions.
(2) To build or maintain any type of fire.
(3) To smoke.
(4) To bring, lead, or possess pets, including, without limitation, dogs, cats
and reptiles on park playgrounds, or allow such pets to be upon park
playgrounds.
(5) To ride, drive, propel or carry any bicycles, skateboards, scooters, roller
skates or any other footwear, facility or device containing wheels that may
be utilized to propel or carry any person.
SECTION 9. THAT, Section 16.01.007 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.01.009.
SECTION 10. THAT, Section 16.02.001 of the Code of Ordinances, City of
Lubbock, Texas is hereby repealed.
SECTION 11. THAT, Section 16.02.002 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.02.001, and is hereby amended as
follows:
Sec. 16.02.001 Authority
The City of Lubbock, through the director of parks and recreation, is hereby given
authority over all trees, plants, and shrubs located within parkways, parks and any
land owned by the city to which the public has free access within the City of
Lubbock. This authority is in addition to and in conjunction with any authority
previously granted to the city, any city department, or public utility company over
any trees, shrubs or plants interfering with or obstructing their property,
easements or rights -of -way. (1983 Code, sec. 19-45; Ordinance 10130, sec. 1,
adopted 1/14/1999)
SECTION 12. THAT, Section 16.02.003 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.02.002, and is hereby amended as
follows:
Sec. 16.02.002 Recommended and prohibited street tree species
(1) Recommended street tree species. The following list constitutes
recommendations for trees to be planted as street trees along thoroughfares
within the City of Lubbock, Texas:
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(a) Small trees. Crabapple, golden rain tree, hawthorne (sp.), ornamental
pear, redbud, soapberry, crape myrtle, Japanese lilac, desert willow,
Russian olive, possumhaw holly, yaupon holly, mesquite, Mexican
plum, pinion pine.
(b) Medium trees. Eldarica pine, Austrian pine, cedar elm, bald cypress,
live oak, honey locust, pistachio sp., ketleeri juniper.
(c) Lard. Pecan, bur oak, red oak, deodar cedar, sweetgum,
lacebark elm.
(2) Prohibited street tree species. The following list constitutes tree species
which are prohibited from being planted as street trees along
thoroughfares within the City of Lubbock, Texas. The director of parks
and recreation may provide exceptions to this subsection only upon a
written request to him detailing the basis for such exception:
(a) Mimosa, hackberry, ash, fruitless mulberry, sycamore, cottonwood,
willow, American elm, Siberian elm, maple, magnolia, tree of
heaven, poplar.
(b) Conifers, evergreens and pines are also prohibited unless they are
pruned to a clearance of six (6) feet from the adjacent walk and curb
at installation.
SECTION 13. THAT, Section 16.02.004 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.02.003, and is hereby amended as
follows:
Sec. 16.02.003 Spacing of street trees
(1) The spacing of street trees along thoroughfares will be in accordance with
the three (3) species size classes (large trees, medium trees, small trees).
No street trees along thoroughfares will be planted closer together than the
following:
(a) Small trees: twenty (20) feet;
(b) Medium trees: thirty (30) feet; and
(c) Large trees: forty (40) feet.
(2) The director of parks and recreation may provide exceptions to the
requirements outlined in this section only upon a written request to him
detailing the basis for such exception.
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SECTION 14. THAT, Section 16.02.005 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.02.004, and is hereby amended as
follows:
Sec.16.02.004 Distance from curb and sidewalk
(1) The distance trees may be planted from curbs or curblines and sidewalks
along thoroughfares will be in accordance with the three species size
classes (large trees, medium trees, small trees). No trees along
thoroughfares may be planted closer to any curb or sidewalk than the
following:
(a) Small trees: four (4) feet;
(b) Medium trees: six (6) feet; and
(c) Large trees: six (6) feet.
(2) The director of parks and recreation may provide exceptions to the
requirements outlined in this section only upon a written request to him
detailing the basis for such exception.
SECTION 15. THAT, Section 16.02.006 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.02.005, and is hereby amended as
follows:
Sec. 16.02.005 Utilities
No street trees along thoroughfares other than small trees may be planted under or
within ten (10) lateral feet of any overhead utility wire, or over or within five (5)
lateral feet of any underground water line, sewer line, transmission line or other
utility.
SECTION 16. THAT, Section 16.02.007 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.02.006.
SECTION 17. THAT, Section 16.02.008 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.02.007, and is hereby amended as
follows:
Sec. 16.02.007 Public tree care
(1) The City of Lubbock or its agent shall have the right to plant, prune,
maintain and remove trees, shrubs, bushes or other woody vegetation
within the public right-of-way or on land designated by the city as a public
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park, or on any land owned by the city to which the public has free access,
as may be necessary to ensure public safety, to preserve or enhance the
symmetry and beauty of public trees, or which by reason of their nature
are injurious to sewers, electric power lines, gas lines, water lines,
stormwater drainage lines, traffic control signage and devices, or other
public improvements, or is a nuisance as defined under chapter 14 of this
code.
(2) This section does not prohibit the planting of street trees by adjacent
property owners provided that the selection and location of said trees are
in accordance with this article.
SECTION 18. THAT, Section 16.02.009 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.02.008, and is hereby amended as
follows:
Sec. 16.02.008 Pruning, corner clearance, and nuisance
(1) Every owner of any tree overhanging any street, roadway, or parkway
within the city shall prune the branches so that there shall be a clear space
of six (6) feet above the surface of the adjacent street, curb or sidewalk.
Every owner of any tree, bush, or shrub shall prune the branches so that
such branches will not obstruct the light from any streetlamp, obstruct the
view of any street intersection or obstruct the view of any traffic -control
device or sign. Further, said owners shall remove all dead or diseased
trees, trees which constitute a threat to the safety of the public, broken or
decayed limbs which constitute a threat to the safety of the public, or any
tree which by reason of its nature is injurious to sewers, electric power
lines, gas lines, water lines, stormwater drainage lines, traffic control
signage and devices, or other public improvements, or is a nuisance as
defined under chapter 14 of this code.
(2) Any tree, shrub, bush or other woody vegetation in violation of the above
provision is hereby declared a public nuisance.
(3) The maintenance of any obstruction prohibited by this article shall be
called to the attention of the owner of the premises in writing. Any notice
given under this provision shall comply with the notice provisions of
chapter 14 of this code.
(4) If the nuisance has not been removed within the time specified in the
notice from the date the notice was delivered, the city or its agent shall
have the right to enter upon private property and prune or remove any tree,
shrub, bush or other woody vegetation when it interferes with the proper
spread of light along the street from any streetlamp, interferes with the
visibility of any street intersection, or obstructs any traffic -control device
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or sign.
(5) The owner or occupant of the private property found in violation of this
provision may appeal the finding of the city according to the provisions
outlined in chapter 14 of this code.
(6) Any cost associated with any work conducted by the city or its agent in the
enforcement of this provision may be assessed against the property owner
according to the provisions of chapter 14 of this code.
(7) The city retains the authority to prune or remove, without notice to the
property owner, any tree, shrub, bush or plant on or overhanging public
property, found to be an imminent threat to public safety.
SECTION 19. THAT, Section 16.02.010 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.02.009.
SECTION 20. THAT, Section 16.02.011 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.02.010, and is hereby amended as
follows:
See. 16.02.010 Tree topping
It shall be unlawful for any individual, person, or firm to top any street tree, park
tree or other tree on public property. Topping shall be defined as the severe
cutting back of limbs to stubs larger than three (3) inches in diameter within the
tree's crown to such a degree so as to remove the normal canopy and disfigure the
tree. Trees severely damaged by storms or other causes, or certain trees under
utility wires or other obstructions where other pruning practices are impractical,
may be exempted from this article at the determination, in writing, by the director
of parks and recreation.
SECTION 21. THAT, Section 16.02.012 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 16.02.011.
SECTION 22. THAT, Section 16.03.001 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read as follows:
Sec.16.03.001 Required
It shall be unlawful for any person to offer or exhibit for sale any goods, wares,
services, merchandise or other commodities on or at any public park or swimming
pool area in the city or to go on or into or remain upon any public park or
swimming pool area of the city for the purpose of selling goods, wares,
merchandise, services or any other commodity, or to use any street, alley or other
public property abutting or adjacent to any public park or swimming pool for the
purpose of making such sales to persons in a public park or swimming pool area,
unless such person has previously applied to the director of parks and recreation
for a permit. Provided, however, that the provisions of this section shall not apply
to any person or his employees duly operating under a concession contract
between such concessionaire and the city.
SECTION 23. THAT, Section 16.03.002 of the Code of Ordinances, City of
It, Texas is hereby amended to read as follows:
See.16.03.002 Contents
Any permit issued pursuant to section 16.03.001 shall be printed or in writing and
shall specify the following:
(1) The name and age of the person authorized to make sales;
(2) The park or swimming pool area at which the sales are authorized;
(3) The dates and times sales will be conducted;
(4) The specific goods, wares, merchandise, services or other
commodities which the permittee is authorized to sell; and
(5) That the permit shall not be transferable, and is subject to
revocation, with or without cause, by the director of parks and
recreation.
SECTION 24. THAT, Section 16.03.003 of the Code of Ordinances, City of
Lubbock, Texas is hereby retitled and amended to read as follows:
Sec. 16.03.003 Registration with director
It shall be unlawful for any permit holder, as provided for in this article, to exhibit
or offer for sale any goods, wares, merchandise, services or other commodities,
upon any premises constituting a public park or swimming pool in the city, unless
a permit duly issued to him in compliance with the provisions of this article has
been issued by the director of parks and recreation prior to the time any such
commodities are offered for sale.
SECTION 25. THAT, Section 16.03.004 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read as follows:
See. 16.03.004 Display on demand
It shall be unlawful for any person exhibiting or having in his possession any
goods, wares, merchandise, services or other commodities for sale at any public
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park or swimming pool in the city to fail or refuse to exhibit the permit required
by this article upon request of any uniformed police officer of the city, the
director of parks and recreation or his authorized agent.
SECTION 26. THAT, unless otherwise provided herein, a violation of any
in of this Ordinance shall be deemed a misdemeanor punishable as provided by
1.01.004 of the Code of Ordinances of the City of Lubbock.
SECTION 27. THAT should any paragraph, section, sentence, phrase, clause or
of this Ordinance be declared unconstitutional or invalid for any reason, the
tder of this Ordinance shall not be affected thereby.
SECTION 28. THAT the City Secretary of the City of Lubbock is hereby
lhorized and directed to cause publication of the descriptive caption of this Ordinance
an alternative method provided by law.
SECTION 29. THAT this Ordinance shall become effective, except as may
ise be provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
by the City Council on first reading this 24th day of February 2011.
by the City Council on second reading this 2nd day of March , 2011.
TTEST:
CONTENT:
TOM MARTIN, Mayor
W. Pratt, Assistant City Attorney
fing LCO Chapter 16 — Parks
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