Ord. 1448 2011-07-25 - Supp 5ORDINANCE NO. 1448
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DELETING CHAPTER 21 1, PARKLAND
DEDICATION, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED, IN ITS ENTIRETY; AND TO ADOPT A NEW
CHAPTER 21 1, TO BE ENTITLED PARKS; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION
AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That Chapter 21 'h, Parkland Dedication, of the City of
Pearland Code of Ordinances, is hereby DELETED in its entirety.
Section 2. That a new Chapter 21 to be entitled Parks, of the City of
Pearland Code of Ordinances, is hereby ADOPTED to read as follows:
"Article I. In General
Section 21 1/2-1. Declaration of policy.
It is hereby declared to be the policy of the city to acquire, maintain and facilitate
the use of properties to be utilized as public parks, squares and ways and other
appropriate public facilities, giving due recognition to the social ideals of sports,
recreation, the arts and the appreciation of beauty and the environment.
Section 21 1 /E -2. Establishment of Parks and Recreation Department
(a) The creation of the Parks and Recreation Department of the City of
Pearland is hereby ratified.
(b) The head of the department shall be the Director of Parks and Recreation
who shall be appointed by the city manager. The director shall have a bachelor's
degree from an accredited college or university.
(1) The Director of the Parks and Recreation Department shall plan,
direct, and review all functions and operations of the department including
but not limited to the following: acquisition, planning, development, and
maintenance of the park system, urban forestry, recreational activities,
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building maintenance, right -of -way landscaping, recycling center and
recreation centers.
(2) The Director of Parks and Recreation shall promulgate policies,
procedures, rules, directives, and orders for the administration of the
department.
Section 21 -3. Dedication of parkland required.
New residential development shall comply with Division 10 of Article 2 of Chapter
3 of the Unified Development Code.
Article II. Parks Code
Section 21 %-10. Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Park means any property dedicated or used as a park or for public park
purposes or that may be dedicated or used as a park or for public park purposes
within the city, and which park includes land, the title to which is in the city.
Department means the city department of parks and recreation.
Director means the director of the department of parks and recreation or
the assistant director in the absence of the director.
Permit means written permission from the City of Pearland to carry out a
given activity in a park.
Section 21 -11. Permit required.
(a) For the following activities, a permit shall be obtained from the director or
other city departments as provided below:
(1) Rental or reservation of any park or recreation facility of the city for
functions or gatherings of a group of persons;
(2) Use of the park outside of posted park hours;
(3) Camping in areas designated for such use by the director;
(4) Building of fires in areas not designated for such activity or not in
receptacles designated for fires;
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(5) Placement, construction, or erection of signs, which shall be subject
to by the City's Planning Department for compliance with the City's Unified
Development Code; and
(6) Solicitation or peddling of any nature, which shall comply with
Chapter 22 of the City Code of Ordinances; and
(7) Bringing of large animals on to park property in accordance with
Section 21 '/2 -27 of this Chapter.
(b) The following information shall be provided on a permit application
submitted under this article:
(1) The purpose and nature of the function or event;
(2) The date, time and place where the function or event is scheduled;
(3) The estimated number of persons to be present.
(c) The form of permit required by this section and reasonable regulations
concerning its acquisition will be determined by the Director of Parks and
Recreation.
Section 21 -12. Regulations for specific park areas.
The Director of Parks and Recreation shall keep and maintain a listing of specific
rules and regulations that apply to specific parks.
Section 21 1 /2 -13. Compliance condition of use.
Compliance with the provisions of this division and posted park rules is a
condition to the use of the city's parks.
Section 21 -14. Park hours.
It shall be unlawful for any person to remain in a park after posted hours of use
without a permit. Permits for the use of parks after posted hours may be obtained
from the Director of Parks and Recreation.
Section 21 -15. Damage to park property.
It shall be unlawful for any person to walk, stand or sit upon any fountain, railing,
flowerbed, landscaping, monument, fence, or upon any other property in a park
in a manner that will damage the property.
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Section 21 -16. Littering.
Littering in or upon any park shall be governed by Chapter 12 of this Code of
Ordinances
Section 21 1 /2 -17. Hunting, molesting, etc., animals, reptiles or birds.
It shall be unlawful for any person to hunt, harm, frighten, kill, trap, chase, tease,
shoot, injure or throw any stone, object or projectile of any kind at any animal,
reptile or bird in a park.
Section 21 -18. Boats.
It shall be unlawful to place or operate any boat, raft or other watercraft; whether
motor powered or nonmotor powered, upon any waters in a park unless such
waters are specifically designated for the use of such craft.
Section 21 1/2-19. Fishing.
Fishing is allowed at designated park facilities and shall be subject to applicable
State Laws associated with fishing.
Section 21 '1/2-20. Swimming, bathing or wading.
No person shall swim, bathe or wade in any body of water located on park
property unless specifically authorized for such use by signs or regulations
applicable to the body of water.
Section 21 1/2-21. Picnicking.
Picnicking is allowed on park property except where specifically designated as
not permitted by signs or regulations applicable to the area.
Section 21 '/2 -22. Playing golf.
It shall be unlawful for any person to drive, hit, or otherwise play golf in any city
park or upon any municipally owned grounds, except in areas clearly designated
for that purpose.
Section 21 '/2 -23. Model airplanes and rockets.
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It shall be unlawful for any person to operate, fly, glide, or otherwise control a
power- driven model airplane or model rocket in any city park or upon any
municipally owned grounds, except in areas clearly designated for that purpose.
Section 21 1/2-24. Fires.
It shall be unlawful for any person to build or attempt to build a fire in a park in
anything other than a specifically designated receptacle without a permit.
Section 21 1/2-25. Smoking.
Smoking in or upon any park property shall be governed by Chapter 20 of this
Code of Ordinances
Section 21 '1/2-26. Operation of vehicles on park property.
Operation of motorized vehicles on park property except on roadways and other
specifically designated areas shall comply with Section 20 -13 of the Code of
Ordinances.
Section 21 '1/2-27. Horses and other large animals.
It shall be unlawful for any person to ride, lead or otherwise allow a horse,
whether by action or inaction, upon any area of a park, except along and upon
areas specifically designated therefore. Other large animals are prohibited in the
area of a park unless a permit is obtained pursuant to section 21 1/2 11. Dogs
and cats that are appropriately licensed and supervised shall be permitted on
park property, except in areas where specifically prohibited.
Section 21 '4-28. Removal of fecal matter left by animal.
It shall be unlawful for any person to own, possess, be in control of, or otherwise
be responsible for an animal in a public park, public recreational area, or public
facility and fail to promptly collect, pick up, and remove all fecal matter left by
such animal in or upon any said park, unless said animal is assisting one or more
disabled persons.
Section 21 '1/2-29. Possession or consumption of alcoholic beverages
prohibited at certain athletic events.
It shall be unlawful for any person to possess or consume alcoholic
beverages in a park while attending any athletic event or practice session
specifically organized for participants under the age of eighteen.
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Section 21 1/2-30. Possession or consumption of alcoholic beverages at
public swimming pools prohibited.
It shall be unlawful for any person to possess or consume alcoholic beverages
within the fenced or enclosed boundaries of all swimming pools owned and /or
operated by the city.
Section 21 -31. Glass bottles, containers prohibited.
(a) It shall be unlawful for any person to possess any glass container in any
city -owned or city controlled park.
(b) For purposes of this section, "glass container" shall mean any receptacle,
made wholly or partially of glass, which is designed for the storage or
consumption of any food or beverage.
Section 21 1 -32. Obedience of park rules and signage.
It shall be unlawful for any person to knowingly enter, occupy, or otherwise use
city parks or park facilities in a manner inconsistent with rules and signage
posted at said parks or park facilities by the City of Pearland Parks and
Recreation department. These rules and signage may be changed and reposted
at any time by the Director of Parks and Recreation, and can address, without
limitation: general park hours, restriction of use of certain facilities to specific
groups, and closure of facilities or fields due to poor condition or weather.
Section 21 1/2-33. Individuals /Businesses profiting from use of City Facilities
It shall be unlawful for any individual or business to financially profit from using
public City facilities except in the instances where those individuals or
businesses are contracted with or have written Partnership Agreements in place
with the Parks and Recreation Department.
Section 21 1 -34. Penalty for violation.
An offense under this article shall be punishable by a fine not to exceed two
hundred dollars ($200.00), unless it is shown at trial of such offense that the
prohibited activity resulted in damage to a city park or park facilities, in which
case the offense shall be punishable by a fine not less than two hundred dollars
($200.00) nor greater than five hundred dollars ($500.00).
Section 21 1 -35. Exempt.
The provisions of this article shall not apply to employees or contractors of
governmental entities engaged in authorized maintenance or construction
activities upon park property."
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Section 3. That Section 20 -3, Playing golf prohibited in certain areas;
Section 20 -6, Power driven model airplanes or model rockets prohibited in
certain areas; Section 20 -8, Glass containers in city parks; Section 20 -14,
Obedience of park rules and signage; and Section 20 -44, Removal of fecal
matter left by animal, of Chapter 20, Offenses and Miscellaneous Provisions, of
the City of Pearland Code of Ordinances, are hereby DELETED in their entirety.
Section 4. Savings. All rights and remedies which have accrued in
favor of the City under this Ordinance and amendments thereto shall be and are
preserved for the benefit of the City.
Section 5. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Section 6. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 7. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove.
Section 8. Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of
the City of Pearland, upon passage of such Ordinance. The Ordinance shall
then become effective ten (10) days after its publication.
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A.D., 2011.
ATTEST:
PASSED and APPROVED on FIRST READING this the 11 day of July,
4L//4
YO G LO I
CI ijSEC`� ARY
25 day of July, A.D., 2011.
ATTEST:
PASSED and APPROVED on SECOND and FINAL READING this the
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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429
TOM REID
MAYOR
TOM REID
MAYOR