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Home My WebLink AboutOrdinance 1181 ORDINANCE NO. 1181 AN ORDINANCE ESTABLISHING RULES, REGULATIONS, IN CITY PARKS: CLOSING PARKS FROM 11:00 P.M. TO 8:00 A.M. AND ESTABLISHING EXCEPTIONS THERETO; PROHIBITING THE COMSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES IN CITY PARKS AND ESTABLISHING A MINIMUM FINE FOR VIOLATION; ESTABLISHING PARKING REGULATIONS IN CITY PARKS; AUTHORIZING THE CITY MANAGER TO CLOSE PORTIONS OF CITY PARKS TO VEHICULAR TRESPASS; AUTHORIZING THE CITY MANAGER TO ESTABLISH HOURS FOR PARK FACILITIES AND CREATING THE OFFENSE OF FACILITY TRESPASS; REPEALER CLAUSE; SEVERABILITY CLAUSE; PENALTY CLAUSE; M~D EFFECTIVE DATE CLAUSE. WHEREAS, the City of North Richland Hills is charged with the responsibility of providing City Parks for the citizens of North Richland Hills. WHEREAS, North Richland Hills' tax monies have been expended in the acquisition of City Parks. WHEREAS, North Richland Hills' tax monies have and are being expended in the maintenance of City Parks; WHEREAS, the incidences of vandalism and wanton destruction have increased; WHEREAS, the expenses of maintaining City Parks has increased as a result of this abuse; WHEREAS, the City of North Richland Hills, as trustee of its' citizens and owner of the park lands and facilities, is charged with the responsibility of protecting these investments, it thus becomes necessary to establish hours of operations for certain park facilities in an effort to protect said facilities from abuse. WHEREAS, the incidence of littering have increased in City Parks and city employees are required to spend more time than ever in cleaning litter from the parks so that the citizens of North Richland Hills may enjoy the Parks; WHEREAS, the incidences of alcohol abuse, violence and general disorderly conduct have increased in City Parks; and WHEREAS, the City Council of the City of North Richland Hills deems it necessary in order to protect and enhance the use of City Parks by prohibiting alcohol therein; WHEREAS, the City of North Richland Hills in some of its parks has limited parking facilities, the abuse of said parking priveleges can diminish public accessibility to the parks; WHEREAS, from time to time, it may become necessary to regulate vehicular traffic in the City Parks to enhance specific events and activities or to reduce noise during certain hours so that the City may be a good neighbor to those owning residence abutting City Parks; WHEREAS, the City Council of the City of North Richland Hills have deemed it necessary to promulgate rules and regulations for the operation of City Parks in an effort to enhance and maintain the Parks' scenic appeal, to reduce park maintenance and to afford the general public use of City Parks without fear of personal injury resulting from careless or wanton acts of persons who, by their very conduct abridge the general public's enjoyment of said facilities; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION I. That all parks will henceforth have hours of operation during which the public may use said park; those hours will be from 8:00 A.M. until 11:00 P.M. It will be unlawful for any person or persons to use, loiter, congregate, trespass, or assemble in said park at times other than during the hours of operation, unless the use is for an event or sporting activity which is supervised and approved by the Director of Parks and Recreation, or his delegate. The City Manager is hereby authorized to issue a special permit at his sole discretion for after hours use of the aforesaid park, if he deems it in the public interest. City employees and law enforcement officers may enter the aforesaid park at any time in the course of their employment. SECTION II. No person or persons shall bring into, consume, or possess alcoholic beverages in any City Park or Park facility. SECTION III. The City of North Richland Hills does hereby deem it a necessity to establish speed limits in City Parks and recreational areas to protect the general public when using said public facilities. Henceforth, after the effective date of this Ordinance, the speed limit in City Parks and recreational areas will be 10 MPH for all motorized vehicles and operation of a motor vehicle at any speed in excess of 10 MPH shall be prima facie evidence that the speed is not reasonable and prudent under the conditions then existing. SECTION IV. In those parks, which provide designated parking spaces, it is henceforth unlawful to park other than in the spaces provided or to use more than one parking space per motor vehicle. Motor vehicles shall be parked between the lines, not on or over them. For the purpose of this section, the term "parked shall be defined to include parked unattended vehicles, parked attended vehicles, vehicles which have stopped but are still occupied and the engine of the vehicle is still running, and standing motor vehicles. SECTION V. Henceforth, the City Manager, or his delegate, is authorized to close portions of or all of a park to motor vehicles' traffic on a temporary, permanent, or hourly basis at his sole discretion, if he deems it to be in the public interest, in order to effect closure he shall file with the City Secretary of a letter stating the period of closure or the hours thereof and have a notice posted in said park stating the extent and nature of closure; once the notice has been posted, its unauthorized removal of said notice will not be a defense, but may be used for mitigation of punishment in the Municipal Court. The posting of the notice in the City Park is prima facie evidence of notice, and the State shall only be required to show that the notice was in fact posted, in prosecutions under this section of the offense to be known as "Vehicle Trespass". SECTION VI. No person shall throw or deposit litter in any park within the City, except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. SECTION VII. The City Manager, or his delegate, is hereby authorized to establish hours of operations for City Park facilities where buildings and structures are involved in the public enjoyment of said facilities. The procedure and presumptions outlined in Section V. above are hereby incorporated and prosecution under this Section of the offense will be known as "Facilities Trespass". SECTION VIII. All ordinances or parts of ordinances not consistent or conflicting with the provisions of this Ordinance, are hereby repealed, provided that such repeal shall be only to the extent of such inconsistency and in all other respects, this Ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. SECTION IX. If any article, section, sub-section, sentence or phrase of this Ordinance should be held to be invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable. SECTION X. Any person, firm, association, or persons, corporations or other organizations violating any provision of this Ordinance shall be deemed to be guilty of a misdemeanor and upon conviction, shall be fined in any amount not in excess of One Thousand Dollars ($1,000.00); each violation of this Ordinance shall be deemed a separate offense and each day that the violation continues shall be deemed a separate offense. SECTION XI. This Ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED THIS THE 11 th DAY OF ATTEST: Qß~~ t/-~ CITY SECRETARY APPROVED AS TO LEGAL FORMAT BY: REX MCINTYRE FEBRUARY , 1985 ~~ MAY 0 R .. ORDINANCE NO. 1181 AN ORDINANCE '~1W- ;LISHING~UL~S.,,~J . . ...~ . "6Lg~~G í:Â~irVRßti:11:06 P,M, TO .e:OQ.A,~;..~~,IS- TABLISHING EXC~QNS THERETO; PROHIBITING 'TH.E CONSUMPTION; .OR ~SION·J:)F·;ALCOtiOL- ·-~~ti%r~~'í~Š~~~Ó··- A .. U . R VIO- LA . ,$J. J¡,ING P. JÖ.QIS IN CIT 'ÔFilZiNG THE 'l'YMA AGER TO CLO . PORTIONS OF CITY h d· d h' h' d 11 PARKS TO VEHICULAR Before me, t e un erslgne aut orIty on t 18 ay persona y eTRESJ:>ASS; AUTHORIZING J h L' k ,T$QITYMANAGERTOES- peared 0 n J.ms Y known to me to be a credIble person, w-TA:BLISH HOURS FOR PARK his FACILITIES AND CREATING first being sworn, deposed and upon hiaoath said: THE OFFENSE OF FACILITY -TRESP ASS; REPEALER h Ad t" CLA USE; SEVERABILITY That 5bê fs the ver J.sJ.gPthe Mid Cities News a newsJJ CLAUSE;PENALTYCLAUSE; ManayeL ' AND EFFECTIVE DATE per which has been regularly and continuously published and of gene1~~~~' THIS THE 11TH , I t' , th C't IT f H t & ,00 DAY OF FEBRUARY, 1985. CIrCU a IOn In e I y own 0 urs I lor a perl Is/Dan Echols Mayor more than one year next preceding the first publication of the attach ATTEST: Isl Jeanette Rewis and that he caused said notice to be published City Secretary APPROVED AS TO LEGAL FORMAT BY: Is/Rex McEntire Attorney MCDN PN 13381 PUB 2/17/85 LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRANT Legal Notice said newspaper on the following date(s), That the attached is a true and correct copy of said notice '1 published on said date(s) in said Sworn to and subscribed befö~"e, this the ~ day 19-ª2, March -, /-' / ÙA1. . /J /1 /"ì_ ( ~_ [I). LeU-eL Carol A. Couch Notary Public, County, Texas Tarrant