HomeMy WebLinkAboutOrdinance 27255-10-2024ORDINANCE NO.27255-10-2024
AN ORDINANCE AMENDING THE CODE OF THE .CITY OF FORT
WORTH, TEXAS (2015), AS AMENDED, BY AMENDING CHAPTER 24
"PARK AND RECREATION," ARTICLE I "IN GENERAL," SECTION 24-7
"GOLFING IN NONDESIGNATED AREAS," TO CLARIFY WHERE
GOLFING IS ALLOWED IN CITY PARKS; SECTION 24-8 "ENTERING
CLOSED AREAS; HOURS OF OPERATION," TO MODIFY PARK
OPERATING HOURS; SECTION 24-13 "CARRYING, DISCHARGING
FIREARMS," TO COMPLY WITH STATE LAW CHANGES REGARDING
CARRYING FIREARMS IN CITY PARKS; SECTION 24-15 "TRAFFIC
REGULATIONS," TO CLARIFY WHERE PARKING IS ALLOWED IN
CITY PARKS; SECTION 24-16 "BOTANIC GARDEN," REGARDING
PROHBITED ACTIVITES IN THE BOTANIC GARDEN; SECTION 24-17
"ALCOHOLIC BEVERAGES —PROHIBITED IN BALL FIELDS," TO
MODIFY SIGNAGE REQUIREMENTS REGARDING ALCOHOLIC
BEVERAGES IN CITY PARKS; SECTION 24-18 `BICYCLES, ROLLER
BLADES, SKATEBOARDS AND OTHER WHEELED SPORTS
EQUIPMENT," TO CLARIFY WHAT EQUIPMENT IS PROHIBITED IN
CITY PARKS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL
CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth ("City Council") seeks to protect
the public safety, preserve the quality of life, and promote efficiency within the City; and
WHEREAS, pursuant to Texas Local Government Code Chapter 51, the City Council has
the general authority to adopt and publish an ordinance or police regulation that is for the good
government, peace, or order of the municipality and is necessary or proper for the carrying out of
a power granted by law to the municipality; and
WHEREAS, Chapter 24 of the City Code sets forth rules and regulations regarding the
use of parks, recreation areas, and community centers of the City; and
WHEREAS, the Park and Recreation Director has identified necessary revisions to certain
provisions of Chapter 24 of the City Code; and
WHEREAS, the City Council finds this Ordinance to be reasonable and necessary;
Ordinance No.27255-10-2024
Page 1 of 6
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, THAT:
SECTION 1.
Chapter 24 "Park and Recreation," Article I "In General," Section 24-7 "Golfing in
Nondesignated Areas," of the Code of the City of Fort Worth is hereby amended in its entirety to
be and read as follows:
§ 24-7 DESIGNATED GOLFING AREAS.
(a) It shall be unlawfid for any person to practice golf in any portion of a park or
recreation area not designated for that purpose; provided, however, that the practice
of golf with knit or plastic balls is permitted in any open area not specifically
designed or designated for some other specialized activity.
(b) It shall be unlawful for any person to engage in activities other than golf in
areas of a park or recreation area designated specifically for golf.
SECTION 2.
Chapter 24 "Park and Recreation," Article I "In General,"' Section 24-8 "Entering Closed
Areas; Hours of Operations," of the Code of the City of Fort Worth is hereby amended in its
entirety to be and read as follows:
§ 24-8 ENTERING CLOSED AREAS; HOURS OF OPERATION.
It shall be unlawful for any person to enter or remain in any portion of a
park or recreation area which is designated as restricted, or to enter or remain,
without a permit, in any park or recreation area during the hours of the day when
such park or recreation area is not open to the public, or to enter or remain at any
time in any park and recreation area which is closed for the season. The director of
the park and recreation department may post the hours during which each park and
recreation area is open to the public. Unless otherwise posted by the director of the
park and recreation department, the hours during which parks and recreation areas
are open to the public are 5:00 a.m. to 10:00 p.m.
SECTION 3.
Chapter 24 "Park and Recreation," Article I "In General," Section 24-13 "Carrying,
Discharging Firearms," of the Code of the City of Fort Worth is hereby amended in its entirety to
Ordinance No.27255-10-2024
Page 2 of 6
be and read as follows:
§ 24-13 DISCHARGING FIREARMS.
It shall be unlawful for any person to discharge any gun, pistol, airgun, or
firearm of any kind within or across any park or recreation area not designated for
that purpose.
SECTION 4.
Chapter 24 "Park and Recreation," Article I "In General," Section 24-15 "Traffic
Regulations," of the Code of the City of Fort Worth are hereby amended in its entirety to be and
read as follows:
§ 24-15 TRAFFIC REGULATIONS.
(a) It shall be unlawful for any person to drive or propel any motorized vehicle in,
over, or through any park or recreation area except along and upon park drives,
streets or boulevards, or other areas designated for driving purposes.
(b) It shall be unlawful for any person to stop, stand, or park a motor vehicle in
any park or recreation area outside of a designated parking space unless:
(1) the motor vehicle has been disabled due to an accident or mechanical
failure and remains within the park or recreation area for a period of less
than 24 hours; or
(2) the motor vehicle is temporarily located in the park or recreation area
outside of a designated parking space as directed by a peace officer.
(c) If any motor vehicle is found within any park or recreation area in violation of
a provision of this section and the identity of the operator of such motor vehicle
cannot be determined, the owner or person in whose name such vehicle is registered
shall be held prima facie responsible for such violation.
(d) Persons driving motor vehicles within a park or recreation area with the
expressed written permission of the Director of the Park and Recreation
Department, or the Director's designee, are exempt from the provisions of this
section.
SECTION 5.
Chapter 24 "Park and Recreation," Article I "In General," Section 24-16 "Botanic Garden,"
Ordinance No.27255-10-2024
Page 3 of 6
of the Code of the City of Fort Worth is hereby amended in its entirety to be and read as follows:
§ 24-16 BOTANIC GARDEN.
It shall be unlawful for any person or persons within the confines of the
Botanic Garden of the City to engage in any active recreational or athletic pursuit,
including by way of example but not limitation, horseback riding, archery,
horseshoes, kite flying, model airplane flying, fishing, football, baseball, frisbee,
croquet, badminton, golf, chase, motorized and nonmotorized cycling off
designated park drives, swimming, running, and camping. Each and every rule and
regulation enumerated within this article, each and every order and requirement of
the park and recreation department, and any ordinance or general law relating to
the maintenance and preservation of the Botanic Garden for its intended purpose
shall be strictly observed and followed by visitors to the Botanic Garden.
SECTION 6.
Chapter 24 "Park and Recreation," Article I "In General," Section 24-17 "Alcoholic
Beverages —Prohibited in Ball Fields," of the Code of the City of Fort Worth is hereby amended
to be and read as follows:
§ 24-17 ALCOHOLIC BEVERAGES.
(a) It shall be unlawful for any person to intentionally or knowingly sell, possess
with the intent to sell, or consume any alcoholic beverage in the following areas:
(1) Within the fenced enclosed areas surrounding any swimming pool, wading
pool or spray pool within any park of the city;
(2) Within any recreation or community center or the parking lots of any
recreation or community center; or
(3) Within any area of a wildlife preserve.
(b) It shall be unlawful for any person to intentionally or knowingly sell, possess
with the intent to sell, or consume any alcoholic beverage within any area of a park,
playground, or athletic field that has been designated by the park and recreation
director as being an area in which alcohol consumption, sale, or possession is
prohibited and has been so designated by signs indicating such prohibition.
SECTION 7.
Chapter 24 "Park and Recreation," Article I "In General," Section 24-1 S "Bicycles, Roller
Ordinance No.27255-10-2024
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Blades, Skateboards and Other Wheeled Sports Equipment," of the Code of the City of Fort Worth
are hereby amended to be and read as follows:
§ 24-18 BICYCLES, ROLLER BLADES, SKATEBOARDS, AND OTHER
WHEELED VEHICLES OR EQUIPMENT.
It shall be unlawful for any person to use a bicycle, roller blades, skateboard, or
any other wheeled vehicles or equipment, whether self-propelled or motor -assisted,
in designated parks or recreation areas or any portion of park or recreation areas
where such use is prohibited and has been so designated by signs indicating such
prohibition.
SECTION 8.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth, Texas, (2015), as amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in which event conflicting provisions
of such ordinances and such Code are hereby repealed.
SECTION 9.
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs and sections of this ordinance are severable, and, if any phrase, clause, sentence, paragraph
or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 10.
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation
exists shall constitute a separate offense.
SECTION 11.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of
the City, that have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final
Ordinance No.27255-10-2024
Page 5 of 6
disposition by the courts.
SECTION 12.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption and Section 10 of this ordinance for two (2) days in the official newspaper of the City of
Fort Worth, Texas as authorized by Chapter XXV, Section 2 of the Charter of the City of Fort
Worth, Texas, and Section 52.013(a) of the Texas Local Government Code.
SECTION 13.
This ordinance shall take effect upon adoption and publication as required by law, and it is
so ordained.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Jannette S. Goodall, City Secretary
Assistant City Attorney
ADOPTED: October 29, 2024
EFFECTIVE: �/I
V0001
a ZXA
Ordinance No.27255-10-2024
Page 6 of 6
§ 24-7 DESIGNATED GOLFING AREAS.
(a) It shall be unlawful for any person to practice golf in any portion of a park or recreation area
not designated for fhe-that purpose; provided, however, that the practice of golf with knit or
plastic balls +gray-beis permitted in any open area not specifically designed or designated for
some other specialized activity.
(b) It shall be unlawful for any person to engage in activities other than golf in areas of a park
or recreation area designated specifically for golf.
(1964 Code, § 27-19(7)) (Ord. 5637, § 1; Ord. 6360, § 1, passed 8-31-1970; Ord. 6681, § 1,
passed 6-5-1972; Ord. 6920, § 10, passed 10-1-1973; Ord. 6945, § 1, passed 1-14-1974; Ord.
7338, § 1, passed 4-26-1976; Ord. 8225, § 1, passed 12-3-1980; Ord. 8255, § 1, passed 1-20-
1981)
§ 24-8 ENTERING CLOSED AREAS; HOURS OF OPERATION.
It shall be unlawful for any person to enter or remain in any portion of a park or recreation area
which is designated as restricted, or to enter or remain, without a permit, in any park or
recreation area during the hours of the day when such 12ark or recreation area is not open to the
public, or to enter or remain at any time in any park and recreation area which is closed for the
season. The director of the park and recreation department shall-mU post the hours during which
tlae-each park and recreation area is open to the public. Unless otherwise posted by the director of
the park and recreation department, the hours during which parks and recreation areas are open
to the public are 5:00 a.m. to 4410:39-00 p.m.
(1964 Code, § 27-19(9)) (Ord. 5637, § 1; Ord. 6360, § 1, passed 8-31-1970; Ord. 6681, § 1,
passed 6-5-1972; Ord. 6920, § 10, passed 10-1-1973; Ord. 6945, § 1, passed 1-14-1974; Ord.
7337, § I, passed 4-26-1976; Ord. 8225, § 1, passed 12-3-1980; Ord. 8255, § 1, passed 1-20-
1981; Ord. 1 l 541, § I (c), passed 4-12- l 994; Ord. 15599, § 5, passed 6-24-2003; Ord. 21877-09-
2015, § 1, passed 9-15-2015, eff. 10- l -2015)
§ 24-I3 CARRYING- DISCHARGING FIREARMS.
It shall be unlawful for any person to ischarge any gun,
pistol, airgun, firearm of firearof any kind within or across any park or recreation area not designated
for that purpose.
(1964 Code, § 27-19(14))
§ 24-15 TRAFFIC REGULATIONS.
(a) It shall be unlawful for any person to drive or propel any motorized vehicle in, over, or
through any park or recreation area except along and upon park drives, streets or boulevards., or
other areas designated for driving purposes.
(b) It shall be unlawful for any person to stop, stand., or park Ada motor vehicle eF
an), sueh motor- vehiele to so stop, stand OF PRFk Withifl the in any park or
recreation area outside of a designated parking space unless:
(1) the motor vehicle has been disabled due to an accident or mechanical failure and
remains within the park or recreation area for a period of less than 24_hours, or
2 the motor vehicle is temporarily located in the park or recreation area outside of a
designated parking space as directed by a e ep} stieh as may be 'uL: tul t" ak
Y
e" as may, be eeeasioned by the or -der of any peace officer
(c) If any motorized vehicle is found within the confines of any park or recreation area in
violation of this section and the identity of the operator of such vehicle
cannot be determined, the owner or person in whose name such vehicle is registered shall be held
prima facie responsible for such violation.
(d) Persons driving motorized vehicles within eenfines of anya park or recreation area with
the expressed written permission of the difeOOF Director of the pPark and rRecreation
depart -Department, or the Director's designee, are exempt from the provisions of this
section
(1964 Code, § 27-19(16); Ord. 5637, § l; Ord. 6360, § 1, passed 8-31-1970; Ord. 6681, § 1,
passed 6-5-1972; Ord. 6920, § 10, passed 10-1-1973; Ord. 6945, § 1, passed 1-14-1974; Ord.
7338, § 1, passed 4-26-1976; Ord. 8225, § 1, passed 12-3-1980; Ord. 8255, § 1, passed 1-20-
1981; Ord. 15599, § 9, passed 6-24-2003; Ord. 21877-09-2015, § 1, passed 9-15-2015, eff. 10-1-
2015)
Cross-reference:
Motor vehicles and traffic, see Ch. 22
§ 24-16 BOTANIC GARDEN.
It shall be unlawful for any person or persons within the confines of the Botanic Garden of the
City to engage in any active recreational or athletic pursuit, including by way of example but
not limitation, horseback riding, archery, horseshoes, kite flying, model airplane flying, fishing,
football, baseball, frisbee, croquet, badminton, golf, chase, motorized and nonmotorized cycling
off designated park drives, swimming, g, deg walking or running, and camping. Each and
every rule and regulation enumerated within this article, each and every order and requirement of
the department of park and recreation, any ordinance or general law relating to the maintenance
and preservation of the Botanic Garden for its intended purpose shall be strictly observed and
followed by visitors to the Botanic Garden.
(1964 Code, § 27-19(18)) (Ord. 5637, § 1; Ord. 6360, § 1, passed 8-31-1970; Ord. 6681, § 1,
passed 6-5-1972; Ord. 6920, § 10, passed 10-1-1973; Ord. 6945, § 1, passed 1-14-1974; Ord.
7338, § 1, passed 4-26-1976; Ord. 8225, § 1, passed 12-3-1980; Ord. 8255, § 1, passed 1-20-
1981; Ord. 11541, § I(c), passed 4-12-1994; Ord. 21877-09-2015, § 1, passed 9-15-2015, eff.
10-1-2015)
§ 24-17 ALCOHOLIC BEVERAGES .
(a) It shall be unlawful for any person to intentionally or knowingly ^- =°sell, possess
with the intent to sell, or consume any alcoholic beverage in the following areas:
(1) Within the fenced enclosed areas surrounding any swimming pool, wading pool., or
spray pool within any park of the city;
(2) Within any recreation or community center or the parking lots of any recreation or
community center; or
(3) Within any area of a wildlife preserve.
(b) It shall be unlawful for any person to intentionally or knowingly Or- willfully sell, possess
with the intent to sell, or consume any alcoholic beverage within any area of a park, playground,
or athletic field of an), athleti^ 4e that has been designated by the park and recreation director
as being an area in which alcohol consumption, sale, or possession is prohibited and has been so
designated by signs indicating such prohibition. " s:bor-signsshall be eenspieueusly posted
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• _ • ■ _ • • _ • • MEN, • ■ • . • .
(1964 Code, § 27-19(19)) (Ord. 5637, § 1; Ord. 6360, § 1, passed 8-31-1970; Ord. 6681, § 1,
passed 6-5-1972; Ord. 6920, § 10, passed 10-1-1973; Ord. 6945, § 1, passed 1-14-1974; Ord.
7338, § 1, passed 4-26-1976; Ord. 8225, § 1, passed 12-3-1980; Ord. 8255, § 1, passed 1-20-
1981; Ord. 15599, § 10, passed 6-24-2003; Ord. 20718-04-2013, § 1, passed 4-23-2013; Ord.
21877-09-2015, § 1, passed 9-15-2015, eff. 10-1-2015 )
Cross-reference:
Alcoholic beverages generally, see Ch. 4
§ 24-18 BICYCLES, ROLLER BLADES, SKATEBOARDS, AND OTHER WHEELED
SPORTS -VEHICLES OR EQUIPMENT.
It shall be unlawful for any person to use a bicycle, roller blades, skateboard., or any other
wheeled spermvehicles or equipments whether self-propelled or motor -assisted, in designated
parks or recreation areas or any portion of park or recreation areas where such use is prohibited
and has been so designated by signs indicating such prohibition.
(1964 Code, § 27-19(20)) (Ord. 5637, § 1; Ord. 6360, § 1, passed 8-31-1970; Ord. 6681, § 1,
passed 6-5-1972; Ord. 6920, § 10, passed 10-1-1973; Ord. 6945, § 1, passed 1-14-1974; Ord.
7338, § 1, passed 4-26-1976; Ord. 8225, § I, passed 12-3-1980; Ord. 8255, § 1, passed 1-20-
1981; Ord. 11541, § 1(c), passed 4-12-1994; Ord. 15599, § 11, passed 6-24-2003)
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/29/24 M&C FILE NUMBER: M&C 24-0947
LOG NAME: 80PARD ORDINANCE REVISIONS
SUBJECT
t
(ALL) Adopt an Ordinance Amending the Fort Worth City Code, Chapter 24 "Park and Recreation" to Amend Section 24-8 to Change the Hours
of Operation for Park or Recreation Areas to 5.00 a.m. to 10:00 p.m., and to Amend Sections 24-7, 24-13, 24-15, 24-16, 24-17, and 24-18 to
Ensure the Rules and Regulations Governing Parks Reflect Current Operational Standards, Revise Outdated Language, and Clarify Sections, to
be Effective January 1, 2025
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the Fort Worth City Code, Chapter 24 "Park and Recreation" to
Amend Section 24-8 to change the hours of operation for park or recreation areas to 5:00 a.m. to 10:00 p.m., and to amend Sections 24-7, 24-13,
24-15, 24-16, 24-17, and 24-18 to ensure the rules and regulations governing parks reflect current operational standards, revise outdated
language, and clarify sections, to be effective January 1, 2025.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to amend sections of the Fort Worth City Code, Chapter 24 "Park
and Recreation" to ensure the rules and regulations governing parks reflect current operational standards, outdated language is updated, and
where applicable, sections are clarified. The Park & Recreation Advisory Board endorsed the proposed amendments on September 25, 2024.
The Park & Recreation Department (PARD) is responsible for programs governing the acquisition, improvement, maintenance and operation of all
public parks, parkways, lakes and other recreational areas, and the grounds surrounding all municipal buildings owned or controlled by the city and
provide management and operations to recreation centers, aquatic facilities, golf courses, the Log Cabin Village, and Fort Worth Nature Center
and Refuge. The PARD also manages the contracts for the Fort Worth Botanic Garden and the Fort Worth Zoo.
Attached to this M&C is a listing of the current codes and recommended revised language. The sections recommended for revision include the
following:
§ 24-7 DESIGNATED GOLFING AREAS: Revise to clarify where golfing is allowed and where activities other than golf are not allowed.
§ 24-8 ENTERING CLOSED AREAS, PARK HOURS: Revise to change the hours during which parks are open to the public (without a permit) to
5:00 a.m. to 10:00 p.m. This will allow for consistency throughout the park system and Trinity River Trail system. The proposed hours are consistent
with the Trinity River Trail system under the jurisdiction of Tarrant Regional Water District. Moreover, the change in closing hours from 11:30 p.m. to
10.00 p.m. is consistent with requests received from residents and neighborhood associations.
The Fort Worth Police Department has no objections to the change in closing hours and support the proposed revision of the closing time from
11:30 p.m. to 10:00 P.M. .
Currently the city code authorizes the director of the park and recreation department shalt post the hours during which the area is open to the
public. Unless otherwise posted by the director of the park and recreation department, the hours during which parks are open to the public are
5:00 a.m. to 11.30 p.m. The Unless otherwise posted exception to the code by request will remain in the Code.
Because the code requires the posting (signage) of park hours of operation all current signage will require replacement. The estimated cost to
update all signage at all parks is $15,000.00. Funding is budgeted in the General Fund for the Park and Recreation Department.
§ 24-13 DISCHARGING FIREARMS: Revise to reflect current laws about open carry.
§ 24-15 TRAFFIC REGULATIONS: Revise to clarify it is unlawful for persons to drive vehicles within a park.
§ 24-16 BOTANIC GARDEN: Remove restrictions at the Botanic Garden that prohibited wading and dog walking. The approved Master Plan
includes an interactive water feature within the family garden. Dog Days are currently offered on a monthly basis with great support and success.
§ 24-17 ALCOHOLIC BEVERAGES: Remove the incorrect wording in the title and remove the requirement of unique single signage prohibiting
alcohol.
§ 24-18 BICYCLES, ROLLER BLADES, SKATEBOARDS, AND OTHER WHEELED VEHICLES AND EQUIPMENT: Update to reflect current
trends of self-propelled or motor -assisted wheeled equipment.
The PARD estimates the cost to update signage to be approximately $15,000.00 with an implementation time of 6 to 8 weeks for sign
procurement and replacement. It is therefore recommended that the new Codes become effective January 1, 2025, to allow for communication
and education on the revised codes and procurement and replacement of the park signage.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously
appropriated, in the General Fund. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility to validate the
availability of funds.
Submitted for City Manager's Office by. Jesica L. McEachem 5804
Originating Business Unit Head: Richard Zavala 5704
Additional Information Contact: Joel McKnight 5755