From
Gary Yakesch, Assistant Director of Parks, Arts, & Recreation
Title
Ordinance amending Chapter 18, "Parks and Recreation," of the Code of Ordinances, through the amendment of the title of the Chapter to "Parks, Arts, and Recreation"; and amendment of Sections 18-5, 18-10, 18-18, and 18-22 relative to park hours, parking, animals, and engaging in activities which may interfere with others use of parks: repealing all ordinances in conflict herewith; providing a cumulative clause, a savings clause, severability clause, a penalty clause, and to become effective upon passage and publication.
Presenter
Duane Strawn, Director of Parks, Arts, & Recreation
Recommended Action
Approve
Analysis
Code of Ordinances Chapter 18 criteria was reviewed and changes to sections were required in order to incorporate PlayGrand Adventures operations as well as other minor modifications.
The proposed ordinance modification was reviewed by the Public Safety, Health and Environment Committee on July 6, 2020.
Financial Consideration
None
Body
ORDINANCE OF THE CITY OF GRAND PRAIRIE, AMENDING CHAPTER 18, “PARKS AND RECREATION” OF THE CODE OF ORDINANCES, THROUGH THE AMENDMENT OF THE TITLE OF THE CHAPTER TO “PARKS, ARTS, AND RECREATION”; AND AMENDMENT OF SECTIONS 18-5, 18-10, 18-18, AND 18-22 OF THE PARKS, ARTS, AND RECREATION CHAPTER RELATIVE TO PARK HOURS, PARKING, ANIMALS, AND ENGAGING IN ACTIVITIES WHICH MAY INTERFERE WITH OTHER’S USE OF PARKS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A CUMULATIVE CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE; AND TO BECOME EFFECTIVE UPON PASSAGE, APPROVAL, AND PUBLICATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That the “PARKS AND RECREATION” Chapter of Grand Prairie Code of Ordinances is hereby amended through the amendment of the title of the Chapter to “PARKS, ARTS, and RECREATION and amendment to Sections 18-5, 18-10, 18-18, and 18-22 of the PARKS, ARTS, and RECREATION Chapter to read as follows:
Chapter 18 - PARKS, ARTS AND RECREATION
Sec. 18-5. -Park Hours.
(a) All public parks located within and/or leased outside the city limits by the city and which are owned and/or managed by the city shall be open to the public only during the posted park hours. If no park hours are posted, the park shall be open from 6am to midnight.
(b) It is an offense for any person or persons to remain or be found in any park or facility outside of the designated hours which said park or facility is open to the public.
(c) This section shall not apply to the following parks and recreation sponsored/sanctioned functions:
(1) Park closing times do not apply to parks and recreation sanctioned athletic events, leagues or tournaments.
(2) Any activity properly permitted through the office of the Director.
(3) Permitted camping at Loyd Park.
Sec. 18-10. - Operating or parking vehicles.
(a) No person shall operate or park a vehicle over, through or on any park ground except along or upon park roadways and designated parking areas as set forth in park rules and regulations.
(b) No person shall operate a vehicle on project lands between the hours of 10:00 p.m. and 6:00 a.m. except for emergency purposes or in conjunction with special activities permitted by the director.
(c) No person shall park or place an inoperable motor vehicle, or allow an inoperable motor vehicle to remain on project lands for a period of more than twenty-four (24) continuous hours.
(d) The Director may prohibit parking in park facilities at times when the park is closed.
(e) The Director may designate parking areas located in or near parks, recreation centers, or other properties operated or managed by the Parks, Arts, and Recreation Department as being restricted for the use of said facility’s patrons.
(f) Vehicular towing from property operated or managed by the Parks, Arts, and Recreation Department may be conducted in accordance with state law.
Sec. 18-18. - Animals.
(a) It is an offense for any person to:
(1) Ride a horse or other animal in any park areas, paths, or trails not designated for such use by park rules and regulations.
(2) Permit a horse to use any park areas, paths, or trails when said horse has not successfully passed a Coggins test.
(3) Permit any dog or other pet owned or possessed by such person to be unrestrained or (run at large) in a park other than a designated pet park;
(4) Abandon or otherwise leave any animal in a park;
(5) Allow or permit any animal, other than a specially trained service/comfort animal in or on a swimming area, sanitary facility, playground, the playing fields and spectator area of athletic fields, or other area designated by signage as being closed to animals, whether on leash or not;
(6) Fail to properly remove and dispose of waste produced by the animals or pets brought or allowed into a park or other public area by said person,
(b) Any animal ridden shall be properly restrained and ridden with due care and shall not be allowed to go unattended.
Sec. 18-22. - Interference with users or permittees.
(a) No person shall prevent, disturb or unreasonably interfere with any other persons occupying any area or participating in any lawful activity permitted within any park.
(b) No person shall operate or use any audio or other noise producing device including, but not limited to, radios, televisions or musical instruments and motorized equipment in such a manner as to unreasonably annoy or endanger persons at any time or exceed state and local laws governing noise levels from motorized equipment.
(c) No person shall disrobe in public or display public nudity in any city park.
(d) No person shall use or operate rollerblades, skates, bicycles, scooters or skateboards in a public park unless such use is in an area designated for that use.
(e) No person shall use or operate rollerblades, skates, bicycles, scooters or skateboards in and around concession areas, spectator seating, parking lots and adjacent walkways during athletic events, concerts or special events.
(f) In addition to smoking prohibitions in Grand Prairie Code of Ordinances 13-133 (Smoking Prohibited in City Facilities and Grounds), no person shall make any use of any tobacco product within fifty (50) feet of the boundaries of youth athletic fields or concessions facilities located at youth athletic facilities.
SECTION 2. Severability Clause.
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 3. Cumulative Clause.
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 in this Ordinance.
SECTION 5. Penalty Clause.
Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in accordance with Texas law and Section 1-8 of the Code of Ordinances, with a maximum fine of five hundred dollars ($500.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law and may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 6. Effective Date.
This ordinance shall become effective from and after its passage and publication as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS ON AUGUST 4, 2020