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HomeMy WebLinkAboutOrdinance - 2007-O0082 - Amending Chapter 19; Taking Fish, Damage Artifacts, Alchohol Public Parks - 07/26/2007First Reading July 26, 2007 Itea No. 6.16 ORDINANCE NO. 2007-o0082 Second Reading August 9, 2007 Item No. 6.6 AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 19-1 OF THE CODE OF ORDINANCES REGARDING THE REGULATION OF TAKING FISH AND REMOVAL OR DAMAGE OF ARTIFACTS IN PUBLIC PARKS; AMENDING SECTION 19-2 OF THE CODE OF ORDINANCES REGARDING SALE AND/OR CONSUMPTION OF ALCOHOL AT THE WELLS FARGO AMPHITHEATRE; ADDING SECTION 19-8 TO THE CODE OF ORDINANCES REGARDING THE DESCRIPTION OF SPECIFIC UNLAWFUL ACTNITIES WITHIN PARK PLAYGROUNDS; ADDING SECTION 19-9 TO THE CODE OF ORDINANCES REGARDING TEMPORARY CLOSURE OF PARKS; PROVIDING A SAVINGS CLAUSE~ PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock finds and determines that it is necessary to protect the health, safety and welfare of its citizens by regulating activities within its public parks and park playgrounds; and WHEREAS, the City Council of the City of Lubbock finds and determines that it is in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to make the following amendments to Chapter 19 of the Code of Ordinances of the City of Lubbock. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF LUBBOCK, TEXAS: SECTION 1. THAT Section 19-1 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Section 19-1. 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, or any gan1e or activity of golf, archery or other games of like character in any park or playground except at the places set apart and designated as grounds therefore. As used herein, the term "sanctioned" shall mean 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. (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 except at the places set apart and designated therefor. (3) To swim, bathe or wade in 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 therefore 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. (6) To ride, drive or propel any motorbike or motor scooter over or through any park within the city except along or upon park drives, parkways or park boulevards or upon grounds set apart and designated as grounds therefor. This exception shall apply to Meadowbrook Municipal Golf Course. (7) To fly 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 along or upon park drives, parkways or park boulevards or upon grounds set apart and designated as grounds therefor. (11) To take game fish and non-game fish with any gear or device other than pole and line. Pole and line (which includes rod and reel) is defined herein as a line with a hook, attached to a pole. A pennit to take game fish and non-game fish with gear or devices other than pole and line may be granted by the City Manager, or designee, upon a finding that the party requesting the pennit for such activity has been granted authority by the Department or 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 of the State of Texas. Artifacts are defined herein as tangible objects of the past that relate to human life and culture and/or historical objects with human workmanship or association. (13) To bring, possess, carry or transport upon any public park any glass container, including without limitation, bottles and drinking glasses. (14) Unless otherwise permitted in writing by the City Manager or his/her designee, to utilize or operate a metal detector or metal detecting equipment within any public park. SECTION 2. THAT Section 19-2 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Section 19-2. Alcoholic beverages; littering. (a) Nuisances. Loitering in any public park or on any public way abutting or adjacent thereto with intoxicating liquor on the person, or the drinking of any intoxicating liquors in any public park or on any public way abutting or adjacent thereto, or the throwing of bottles or other containers in such public parks or on any public way abutting or adjacent thereto, or the spilling or pouring of any such intoxicating liquor on the ground or premises in said public parks or on any public way abutting or adjacent thereto, thereby calculated to cause flies, insects, and an insanitary condition, are hereby declared to be a nuisance. (b) 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 corporate limits of the city unless otherwise specified. (1) 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 Texas Alcoholic Beverage Commission. (2) The sale and/or consumption of alcohol may be permitted at the following selected park facilities: Mackenzie Outdoor Center, the Wells Fargo Amphitheatre, the Wind Power Center, and the Landwar House and surrounding fenced area at Llano Estacado Lake, during specific events. The parks and recreation board shall develop guidelines and procedures to insure the following: a. That the sale and/or provision of the alcoholic beverages would be conducted by a licensed and approved concessionaire or caterer only; b. That the sale and/or provision of alcoholic beverages would be conducted by special permit only; and c. That the proper control, access, security and management selected and type of events are appropriate for the sale and/or consumption of alcohol. d. Sale and/or consumption of alcohol outdoors at the Landwar House shall require prior approval of the parks and recreation board and the City Council. SECTION 3. THAT the Code of Ordinances of the City of Lubbock, Texas, is hereby amended by adding a section, to be numbered Section 19-8, which said section shall read as follows: Section 19-8. Unlawful Activities within Park Playgrounds. (a) As used herein, "park playground" shall mean 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. (b) It shall be unlawful for any person within a park playground to commit or do any of the following: (1) To enter into or be upon 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 perfonning City related functions. (2) To build or maintain any type of fire, including without limitation, outdoor cooking devices or facilities. (3) To smoke, as such tenn is defined in Section 12-245(16) of the Code of Ordinances of the City of Lubbock. (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 4. THAT the Code of Ordinances of the City of Lubbock, Texas. is hereby amended by adding a section, to be numbered Section 19-9, which said section shall read as follows: Section 19-9. Temporary Closure of Parks. The City, by and through the Director of Parks and Recreation may temporarily close or restrict the use of a public park or portion of a public park when necessitated by reason of public health, public safety, maintenance, or other reasons in the public interest. No person shall enter upon any public park that has been temporarily closed, as set forth herein. The public park shall remain closed until the closure is no longer necessary for the protection of public health, public safety, maintenance, or other cause for closure has terminated as determined by the Director of Parks and Recreation. SECTION 5. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable as provided in Section 1-4 ofthe Code of Ordinances of the City of Lubbock. SECTION 6. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. THAT the City Secretary of the City of Lubbock is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. SECTION 8. THAT this Ordinance shall become effective from and after its publication as provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 26th day of July Passed by the City Council on second reading this ~th day of August ATTEST: APPROVED AS TO CONL 5~~ Scott Snider, Assistant City Manager/Community Services APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney mVCityAtt/Richardlccdocs/Parks Ordinance July 27, 2007 , 2007 , 2007