CHAPTER 96: PARKS AND RECREATION

Section
General Provisions
96.01 Title; scope; purpose
96.02 Parks and Recreation Board
96.03 Board jurisdiction
96.04 Director of Parks and Recreation; powers and duties

Conduct Regulations
96.15 Hours
96.16 Water recreation prohibited
96.17 Swimming pools
96.18 Vehicles restricted
96.19 Alcoholic beverages
96.20 Glass containers prohibited
96.21 Pecan trees; trees and plants
96.22 Unlawful acts

GENERAL PROVISIONS

§ 96.01 TITLE; SCOPE; PURPOSE.
This chapter shall be known as the Parks and Recreational Board code of the city, and shall apply to all public parks and recreational projects within the corporate limits of the city, for the purpose of regulating and maintaining recreational facilities conducive to the good health and well-being of the community, and also for the purpose of encouraging the future civic, industrial, and cultural development of the city.
(Prior Code, § 13-1) (Am. Ord. passed 8-16-1993)

§ 96.02 PARKS AND RECREATION BOARD.
(A) The City Manager shall appoint a Director of Parks and Recreation who shall be an individual
who is trained and properly qualified in fulfilling the duties and responsibilities thereof.

(B) The City Council shall appoint five members to serve on the Parks and Recreation Board for three
years. The terms of the members shall be staggered so that not more than two members will be leaving
the Board at one time. Vacancies and unexpired terms will be filled by appointment by the Mayor with
confirmation by the City Council.

(C) Members of the Board shall serve without compensation.

(D) Immediately upon their appointment, the Board shall meet and organize by electing one of its
members Chair and those others as officers as may be deemed necessary or expedient.

(E) The Director shall submit a budget request to the City Manager on an annual basis for inclusion
in the Manager’s budget request to the City Council. The commission shall advise the Director on that
budget request.

(F) The Board shall make full and complete annual reports to the City Council, and other reports as
the City Council may from time to time request.
(Prior Code, § 13-2) (Ord. 18-3, passed - - ; Am. Ord. passed 8-16-1993)
Statutory reference:
Recreation board, see Tex. Loc. Gov’t Code, § 332.005

§ 96.03 BOARD JURISDICTION.
(A) The Parks and Recreation Board is hereby given jurisdiction to govern all city-owned and citymaintained recreational projects now existing within the corporate limits of the city, including all parks, rodeo grounds, and any recreational projects as may be designated to the jurisdiction of the Board by the City Council.

(B) The Parks and Recreation Board shall have the power, subject to the approval of the Mayor and
City Council, to prescribe rules and regulations for the orderly government and use of all parks, parkways, playgrounds, and recreation buildings and improvements on park and playground property; provided all existing rules and regulations heretofore established in accordance with the law shall be continued in force until changed in accordance with the terms of this chapter. Subject to the approval of the Mayor and City Council, the Board may make rules and regulations for the administration of the affairs of the Department of Parks and Recreation as it shall deem proper, provided those rules are not in conflict with existing laws or ordinances.
(Prior Code, § 13-3) (Am. Ord. passed 8-16-1993)

§ 96.04 DIRECTOR OF PARKS AND RECREATION; POWERS AND DUTIES.
(A) The Director of the Parks and Recreation Department shall provide, conduct, and supervise public
playgrounds, play fields, rodeo arenas, swimming pools, indoor recreation centers, and other areas and
facilities owned or controlled by the city. He or she should have authority to conduct any form of
recreation or cultural activity that will employ the leisure of the people in a constructive and wholesome
manner.

(B) The Director of Parks and Recreation is hereby given jurisdiction to govern all city-owned and city-maintained recreational projects now existing within the corporate limits of the city, including all parks and those other recreational projects as may be designated within his or her jurisdiction by the City Council. He or she is to act with the advice and counsel of the Parks and Recreation Board.

(C) The Director of Parks and Recreation, subject to the advice of the Parks and Recreation Board,
shall have the power to prescribe rules and regulations for the orderly governing and use of all parks,
parkways, playgrounds, rodeo arenas, swimming pools, recreational buildings, and improvements on park and playground properties; providing all existing rules and regulations therefor are established in
accordance with the law, shall be continued in force, and will change in accordance with the terms of this chapter.

(D) (1) The Director of Parks and Recreation is authorized to charge and collect fees for the use of
particular facilities and public parks and playgrounds, such as swimming pools, tennis courts, rodeo arena, baseball fields, volleyball fields, and other public use facilities.

(2) The amount to be charged for user’s fees and the regulation of the use of these facilities shall
be established by resolution of the Parks and Recreation Board and adjusted from time to time as necessary to cover expenses for operation, maintenance, and security of facilities located in public parks and playgrounds.

(E) (1) The Director of Parks and Recreation is directed that all use of public facilities by any agency
will require written contractual arrangements with the parties, waiver of liability on the part of the city for
any injuries or damages that may be suffered during that use, indemnify the city from all harm suffered
by any participant, and public liability insurance at least in the amount carried by the city, unless waived
at the discretion of the City Manager.

(2) The requirement of insurance may not be waived in any for-profit events. The Director of Parks and Recreation, subject to the advice of the City Manager, shall define what a for-profit organization is.

(3) All people using city parks or playgrounds for organized events shall sign waivers of liability to the city on a form prescribed by the city.
(Prior Code, § 13-13) (Am. Ord. passed 8-16-1993)

CONDUCT REGULATIONS

§ 96.15 HOURS.
(A) The public parks of the city shall close at 11:00 p.m., and it shall be unlawful for any person to
be in the park area at any time after 11:00 p.m. and before 6:00 a.m. unless that person has been granted written permission by the Director of Parks and Recreation.

(B) Any person desiring to use city parks between the hours of 11:00 p.m. and 6:00 a.m. shall make
written application to the Director of Parks and Recreation for a permit to use between the hours of 11:00 p.m. and 6:00 a.m. and shall specify the time necessary for the event, the name of the event, and why the event cannot be accomplished during regular parks and recreation hours, which application shall contain any information as the Director may reasonably require. The city may establish fees for the granting of a permit as may be reasonably necessary to defray expenses incident to issuing the permit.
(Prior Code, § 13-4) (Am. Ord. passed 8-16-1993) Penalty, see § 10.99

§ 96.16 WATER RECREATION PROHIBITED.
It shall be unlawful for any person to swim, bathe, or engage in any water recreation of any nature
whatsoever in, on, or about any surface waters located in any city park.
(Prior Code, § 13-5) (Am. Ord. passed 8-16-1993) Penalty, see § 10.99

§ 96.17 SWIMMING POOLS.
This chapter shall not prohibit swimming or water recreation in any swimming pool located in any public park designed for the purpose of swimming and water recreation and classified as a swimming pool.
(Prior Code, § 13-6) (Am. Ord. passed 8-16-1993)

§ 96.18 VEHICLES RESTRICTED.
All motorized vehicles and bicycles are prohibited from being used or parked in any areas of the city
parks, except for those areas specifically designated for the use or parking of motorized vehicles and
bicycles.
(Prior Code, § 13-7) (Am. Ord. passed 8-16-1993) Penalty, see § 10.99

§ 96.19 ALCOHOLIC BEVERAGES.
(A) Except as provided herein, the possession or consumption of alcoholic beverages in those areas
designated as public parks within the city is prohibited.

(B) For the days listed in division (G) of this section, sponsoring persons or a sponsoring organization
may, upon meeting all requirements, obtain a permit allowing the possession and consumption of alcoholic beverages in a public park on a limited basis.

(C) In the event at least two sponsoring persons or a sponsoring organization obtains a permit authorizing the possession and consumption of alcoholic beverages in a public park, alcoholic beverages may be possessed and consumed in that specific park only between the hours of 12:00 noon and 10:00 p.m.

(D) In order to obtain a permit, at least two sponsoring persons or a sponsoring organization must apply with the City Manager. The two sponsoring persons or a sponsoring organization must provide the following information to the City Manager in order to obtain a permit:

(1) The name, address, phone number of all officers of any sponsoring organization;

(2) The name, address and phone number of the sponsoring persons or two officers of the sponsoring organization;

(3) The Texas drivers license number and social security number of the sponsoring persons or two officers of the sponsoring organization;

(4) The name of the public city park in which the sponsoring persons or sponsoring organization seek permission to possess and consume alcoholic beverages;

(5) The date and time period during which the sponsoring persons or sponsoring organization seek permission to possess and consume alcoholic beverages; and

(6) At least one phone number, cellular or otherwise, where representatives of the city may contact the sponsoring persons or officers of the sponsoring organization on the date during which the possession or consumption of alcoholic beverages in the public city park will be authorized.

(E) As a condition for obtaining a permit authorizing the possession or consumption of alcoholic beverages in a public park, the sponsoring persons or sponsoring organization will be required to sign a statement acknowledging that they are responsible for the conduct of those possessing and consuming alcoholic beverages in the public park and that they are responsible to provide security at all times during which alcoholic beverages may be possessed or consumed in the public park. As a further condition for the issuance of the permit, the sponsoring persons or two officers of the sponsoring organization shall agree to be personally responsible for the repair of any damage caused to any city park or city park facility during the time that possession and consumption of alcoholic beverages is permitted.

(F) As a further condition for a permit for possession or consumption of alcoholic beverages in a public city park, the sponsoring persons or sponsoring organization must obtain and pay for at least two off duty city police officers to be present in the park during the entire time which alcoholic beverages may be possessed or consumed. In the event there are no off-duty city police officers available, with the approval of the City Manager, the security officers may be off duty police officers from a city in McLennan County or off-duty sheriff’s deputies. The permit allowing possession and consumption of alcoholic beverages in a public city park is void unless at least two security officers are present as required by this chapter.

(G) The sponsoring persons or sponsoring organization may obtain a permit for the possession and
consumption of alcoholic beverages in a public city park for a Saturday or Sunday preceding any of the
following holidays:

(1) Memorial Day;

(2) June 19th;

(3) July 4th; or

(4) Labor Day.

(H) Upon receiving a permit, alcohol may be possessed and consumed in the public park on the date
and during the hours authorized by the permit.

(I) Glass containers are prohibited. Even if the consumption of alcohol is authorized by permit, no person may possess a glass container containing alcohol in a public park nor may any person consume alcohol from a glass bottle or glass container in a public park at any time.

(J) The city will not issue more than one permit per public city park per day authorizing possession and consumption of alcoholic beverages.

(K) Nothing in this section authorizes the sale of alcoholic beverages.

(L) Any persons or organizations applying for a permit under this chapter shall pay a permit application fee of $25.
(Prior Code, § 13-8) (Am. Ord. passed 8-16-1993; Am. Ord. 060903, passed 6-9-2003) Penalty, see § 10.99
Statutory reference:
Local regulation of alcoholic beverages, see Tex. Alc. Bev. Code, §§ 109.31 et seq.

§ 96.20 GLASS CONTAINERS PROHIBITED.
The possession or consumption of any beverage or other product in glass containers within the Parks
and Recreation area of the city is specifically prohibited, save and except areas where picnic activities are established.
(Prior Code, § 13-8A) (Am. Ord. passed 8-16-1993) Penalty, see § 10.99

§ 96.21 PECAN TREES; TREES AND PLANTS.
(A) The thrashing of pecan trees and the commercial gathering of pecans in any city park are prohibited.

(B) (1) The Parks and Recreation Department and the Parks and Recreation Board shall be clothed
with authority over all trees, shrubs, and plants of any kind and character which are now or may hereafter be planted in or along the streets or other public places of the city, the Department and Board being vested with full power, authority, and jurisdiction over all planting of every kind and character lying outside the property lines of privately owned property.

(2) It is hereby made the duty of the Department and Board to direct, regulate, and encourage the planting, culture, and preservation of shade and ornamental trees and plants on the streets and public places of the city; to direct, regulate, and encourage the pruning, spraying, cultivation, and maintenance of these trees and plants, and to direct the time and method of pruning and trimming the same; to remove or cause to be removed any tree or plant, or other obstruction, which in their judgment would interfere with the development of adjoining trees or plants or with the free use of the streets or sidewalks; to take all measures as may be deemed necessary or desirable to control all dangerous insects, pests, and plant diseases which may affect trees or shrubbery on the streets or other public places in the city; to devise plans for the planting of trees on and along the streets between the curbs and property lines within the city where trees may be desirable; to prescribe the character, kind, size, space, and position of all trees so planted upon or along public streets or other public places; to prevent the planting of trees, shrubs, or other plants not in their judgment desirable or proper; and to plant or cause to be planted those trees in or along the streets or other public places as the Department may deem proper.
(Prior Code, § 13-9) (Am. Ord. passed 8-16-1993) Penalty, see § 10.99

§ 96.22 UNLAWFUL ACTS.
(A) Unlawful disruption of orderly conduct. It shall be unlawful for any person to wilfully interfere
with, disrupt, or prevent the orderly conduct of any person or persons engaged in any supervised or
unsupervised play or amusement program being conducted in any building or swimming pool, or on any
playground, golf course, or park area located in or on any public property within the city.

(B) Loudspeakers and amplifiers prohibited.

(1) It shall be unlawful for any person to connect or permit the connection of any loudspeaker or amplifier of any kind to a radio or talking machine, or to any kind of machine which produces or reproduces sounds of any kind and, when connected with electrical current or otherwise, to use or permit the use of any loudspeaker, amplifier, radio, talking machine, or machine of any kind in any park or at the entrance of any park within the corporate limits of the city, and use or permit the use of any loudspeaker, amplifier, or other machine to produce or reproduce sounds of any kind for the purpose of advertising, entertaining, or for any other purpose, provided, however, that the provisions of this section shall not be construed as prohibiting the playing of a radio or talking machine when not connected with a loudspeaker or amplifier in any park or near the entrance thereof so long as the use thereof does not constitute a nuisance to nearby inhabitants, and further provided that this section shall not be construed to conflict with any terms of any license granted or to be granted by the city permitting the use of loudspeakers, amplifiers, or sound-producing devices and under those conditions and at those places as either the City Council or this code of ordinances provide otherwise.

(2) This section shall not apply to any event held within any park under permission granted by the city or the Parks and Recreation Board; however, the loudspeakers or amplifiers used in a park shall not produce sounds which extend beyond the boundaries of the park and constitute a nuisance to nearby inhabitants.

(C) Sale of alcoholic beverages prohibited. It shall be unlawful for any person to sell any alcoholic
beverage within any park unless the sale is with the approval of the Parks and Recreation Board and
applicable state laws regulating the sale of alcoholic beverages.

(D) Overnight camping prohibited. It shall be unlawful for any person to camp overnight in any park
except in an area designated by the Parks and Recreation Department as an overnight camping area.

(E) Selling goods or playing musical instruments. It shall be unlawful for any person to sell or offer
for sale any goods, wares, or merchandise, or to sell tickets for, offer for sale tickets for, or solicit funds
for the playing of any musical instrument within any park, playground, or parkway without first having
secured permission from or a contract with the Director of Parks and Recreation. Any person desiring such a permit shall make application to the Director for further action.

(F) Playing baseball, football, and the like. No person shall play at any organized game of baseball, football, golf, cricket, lacrosse, polo, hockey, or other game of like character in any park or playground, except at the place set apart and designated as grounds therefor.

(G) Footwear required on tennis court. It shall be unlawful for any person to go upon or play upon
any tennis court situated in any park in the city except while wearing smooth rubber-soled shoes. No
black-soled shoes to be allowed.

(H) Metal racket guards required. It shall be unlawful for any person to play tennis upon any tennis court situated in any park in the city with any metal racket except when equipped with metal racket guard.

(I) Damage to tennis court surfaces prohibited. It shall be unlawful for any person to ride any vehicle, bicycle, skate board, roller skates, or any other type of wheeled contrivance upon any tennis court situated in any park in the city or upon any other public ground under the jurisdiction and control of the Parks and Recreation Department, or to in any manner damage or mar the surface of the tennis courts.

(J) Discharging firearms, fireworks, or explosives. No person shall shoot, fire, or explode any firearms, fireworks, firecrackers, torpedoes, or explosives of any kind in any park, playground, or parkway in the city without a written permit to do so issued by the Director of Parks and Recreation. Any person desiring such a permit shall make application to the Director.

(K) Damaging or removing property. It shall be unlawful for any person to remove, destroy, mutilate,
or deface any structure, wall, fence, railing, vehicle, bench, or other property in any park. It shall likewise be unlawful for any person to destroy, damage, cut, break, or disfigure any tree, shrubbery, flowers, or any other plant in public park, parkway, or playground, or in or on any other public grounds in the city.

(L) Riding or driving horses or other animals. It shall be unlawful for any person to ride or drive any
horse or other animal over or through any park, except in designated recreation areas, or with permission from the Director of Parks and Recreation.

(M) Tethering or pasturing animals prohibited. It shall be unlawful for any person to tether or pasture any cow, horse, mule, or any other animal in or upon any park, parkway, or playground, or in or upon any other public ground under the jurisdiction and control of the Parks and Recreation Department, without permission from the Director of Parks and Recreation.

(N) Erecting structures; bill posting, and the like. It shall be unlawful for any person to place or erect any structure, sign, bulletin board, post, pole, or advertising device of any kind whatsoever in any park, or to attach any notice, bill, poster, sign, wire, rod, or cord to any tree, shrub, fence, railing, post, or structure within any park except as authorized by the Parks and Recreation Board Director.

(O) Speed limits within city parks. It shall be unlawful for any person to operate a motor vehicle of any type or nature within the parks of the city except on posted and authorized streets or rights-of-way. On those posted streets or rights-of-way the maximum vehicular speed shall not exceed 15 miles per hour as posted.

(P) Tennis court lights. Lights at the tennis court will not be left on past 11:00 p.m.
(Prior Code, § 13-10) (Ord. 18-3, passed - - ; Am. Ord. passed 8-16-1993) Penalty, see § 10.99
Statutory reference:
City parks, see Tex. Loc. Gov’t Code, §§ 331.001, 331.004, and 331.007
Lease of land from State Parks and Wildlife Department, see Tex. Parks & Wildlife Code, § 13.006
Municipal swimming pools, see Tex. Rev. Civ. Stat., Art. 1015c-2
Parks generally, see Tex. Loc. Gov’t Code, § 315.004
Public grounds, see Tex. Loc. Gov’t Code, § 315.003
Public improvements; bonds; occupancy tax, see Tex. Tax Code, Chapter 351
Recreational boating fees, see Tex. Parks & Wildlife Code, § 31.092