HomeMy WebLinkAboutOrdinance 27425-01-2025ORDINANCE NO.27425-01-2025
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH, TEXAS (2015), AS AMENDED, BY ADOPTING A NEW CHAPTER
36 REGARDING THE REGULATION AND OPERATION OF OPEN SPACE
PROPERTIES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL
CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Port Worth ("City") seeks to provide for the health, safety, and
welfare of its citizens; and
WHEREAS, the City is the owner or operator of certain Open Space properties that are
used: to preserve or restore natural areas and resources; to maintain or enhance air and water
quality; to preserve the property's aesthetic value and its contribution to the quality of life of the
community; to mitigate erosion and enhance flood control efforts; and to prevent encroachment on
floodplains or watersheds; and
WHEREAS, although incidental or programmatic use of Open Space properties for other
purposes may occur, that use is intended to be secondary to the purposes identified above; and
WHEREAS, Open Space is not being owned, held, or claimed as a public square or park,
nor is the Open Space land being acquired or designated as a park, recreation area, scientific area,
wildlife refuge, or historic site;
WHEREAS, certain Open Space property is accessible to the public; and
WHEREAS, it is in the Iegitimate interest of the City of Fort Worth to protect the health,
safety, and welfare of its citizens by placing reasonable rules and regulations for the use of and
conduct on Open Space property; and
WHEREAS, the City Council finds this Ordinance to be reasonable and necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, THAT:
SECTION I
The Code of the City of Fort Worth (2015), as amended, is hereby revised by the adoption
of a new Chapter 36 "Open Space" to read as follows:
§ 36-1 JURISDICTION. The rules and regulations in this chapter shall be in force in all Open
Space properties regardless of the City department charged with the day-to-day operations and
maintenance of the properties.
§ 36-2 CONDITIONS FOR USE; ENFORCEMENT. Compliance with all laws, ordinances, rules,
and regulations is a condition of the use of any Open Space property of the City. It shall be unlawful
for any person to remain in any Open Space property within the City after being advised by an
employee of the City or a peace officer that he or she is interfering with, disrupting, or preventing
the orderly use of Open Space property and after having been asked to leave.
§ 36-3 DEFINITIONS.
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
chapter, shall have the meanings hereinafter designated.
OPEN SPACE. An interest in land that the City of Fort Worth owns or maintains with the primary
intent of meeting one or more of the following purposes:
(1) to preserve or restore natural areas and resources;
(2) to maintain or enhance air or water quality;
(3) to preserve the property's aesthetic value and its contribution to the quality
of life of the community;
(4) to mitigate erosion or enhance flood control efforts; or
(5) to prevent encroachment on floodplains or watersheds.
Incidental or programmatic use of Open Space for other purposes may occur; however, that use is
intended to be secondary to the purposes identified above. Open Space is not park land and is not
owned, held, or claimed as a public square or park, nor is Open Space acquired or designated as a
park, recreation area, scientific area, wildlife refuge, or historic site.
§ 36-4 LITTERING. It shall be unlawful for any person to deposit paper, glass, metal, litter, yard
waste, cigarette or cigar butts or trash of any description on any Open Space property except in
receptacles if provided for waste disposal.
§ 36-5 ENTERING CLOSED AREAS; HOURS OF OPERATION. It shall be unlawful for any
person to enter or remain in any portion of an Open Space property which is designated as
restricted, or to enter or remain in any area of Open Space property during the hours of the day
when such area is not open to the public or to enter or remain at any time in any area of Open
Space property closed for the season. Unless otherwise posted, the hours during which Open Space
properties are open to the public are from sunrise to sunset.
§ 36-6 ADVERTISING MATTER. It shall be unlawful for any person to display any advertising
matter of any character or to distribute any advertising matter of any character within any Open
Space property without the written permission of the City Manager or designee.
§ 36-7 SELLING GOODS OR SERVICES. It shall be unlawful for any person to sell or offer to
sell any goods, wares, services or merchandise within any Open Space property without the written
permission of the City Manager or designee.
§ 36-8 COMMERCIAL PHOTOGRAPHY. It shall be unlawful for any person to perform
commercial photography within any Open Space property without the written permission of the
City Manager or designee.
§ 36-9 ANIMALS TO BE ON LEASH. Animals must be kept on a leash and under the direct
physical control of the owner or handler while in any Open Space property. Animals are permitted
off -leash only in those portions of Open Space designated by signage as off -leash areas. Animals
must remain under the immediate personal supervision and command of the owner or handler
while in off -leash areas in accordance with Chapter 6 of the City Code.
§ 36-10 SANITARY STANDARDS. An owner or handler shall promptly remove and sanitarily
dispose of any droppings left on Open Space property by an animal being handled by the person.
§ 36-11 RIDING, TETHERING OR PASTURING ANIMALS. It shall be unlawful for any
person, without the written permission of the City Manager or designee, to ride any cow, horse, or
other animal in or upon any Open Space property not designated by signage for such purpose, or
to tether or pasture, or allow or cause to be tethered or pastured, any cow, horse, or other animal
in or upon any Open Space property.
§ 36-12 DISCHARGING FIREARMS. It shall be unlawful for any person to discharge any gun,
pistol, airgun or firearm of any kind within or across any Open Space property.
§ 36-13 FISHING, SWIMMING, CAMPING, BOATING IN NONDESIGNATED AREAS. It
shall be unlawful for any person to wade, swim, boat, fish, or camp within any Open Space
property without the written permission of the City Manager or designee, except within areas
designated by signage for such purposes.
§ 36-14 ALCOHOLIC BEVERAGES PROHIBITED. It shall be unlawful for any person to
knowingly or willfully sell, possess with the intent to sell, or consume any alcoholic beverage in
any Open Space property.
§ 36-15 FIREWORKS PROHIBITED. It shall be unlawful for any person to possess or discharge
any fireworks on any Open Space property.
§ 36-16 VEGETATION. It shall be unlawful for any person to damage, cut, carve, mark,
transplant, or remove any plant or injure the bark or flowers or seed of any tree or plant, dig in or
otherwise substantially disturb grass areas, or in any way injure the vegetation in any Open Space
property unless authorized by the written permission of the City Manager or designee. It shall be
unlawful for any person to plant any seeds or plants on any Open Space property unless authorized
by the written permission of the City Manager or designee.
§ 36-17 FIRES. Excluding prescribed burns conducted by the City, it shall be unlawful for any
person to light, build, or maintain a campfire or ground fire on any Open Space property.
§ 36-18 WILDLIFE. It shall be unlawful for any person to hunt or molest, harm, frighten, kill,
trap, pursue, tease, or shoot, at any animal or wildlife on any Open Space property.
§ 36-19 TRAFFIC REGULATIONS.
(a) It shall be unlawful for any person to drive or propel any vehicle, including a bicycle, in,
over, or through any Open Space property, except along and upon public drives, streets,
boulevards, or parking lots, or along and upon other areas or trails designated by signage for
driving or riding purposes. It shall be unlawful for any person to drive or propel any vehicle,
including a bicycle, in, over, or through any wet or muddy portion of Open Space property, except
along and upon paved trails designated by signage for driving or riding purposes.
(b) It shall be unlawful for any person to stop, stand, or park any motorized vehicle or to permit
any such motor vehicle to so stop, stand, or park within any Open Space property, except such as
may be necessary or incidental to Open Space visits or such as may be due to accidental or
temporary mechanical failure of such vehicle or such as may be occasioned by the order of any
peace officer or person charged with supervision of any Open Space property.
SECTION 2
That these ordinances shall be cumulative of all other ordinances of the City of Fort Worth,
Texas, and shall not repeal any of the provisions of such ordinances, except in those instances
where provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 3
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the City Code, or any amendments thereto 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, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 4
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of these ordinances are severable, and if any phrase,
clause, sentence, paragraph or section of these ordinances shall be declared void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of these ordinances, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
8
SECTION 5
That 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 these ordinances 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 6
That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish these
ordinances for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by the V.T.C.A. Local Government Code Subsection 52.013.,
SECTION 7
These ordinances shall take effect after adoption and publication as required by Iaw.
APPROVED AS TO FORM AND LEGALITY:
Matthew A. Murray
Assistant City Attorney
ADOPTED: January 28 2025
EFFECTIVE:
ATTEST:
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Jannette Goodall, City Secretary
Clty of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/28/25 M&C FILE NUMBER: M&C 25-0059
LOG NAME,: 030S CODE CHAPTER
SUBJECT
(ALL) Adopt an Ordinance Amending the Code of the City of Fort Worth, Texas (2015) by Adding a Chapter 36, "Open Space," to Provide for the
Regulation and Operation of City of Fort Worth Properties. Included in the Open Space Conservation Program
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the Code of the City of Fort Worth, Texas (2015) by adding a new
Chapter 36, "Open Space," to provide for the regulation and operation of City of Fort Worth properties included in the Open Space Conservation
Program.
DISCUSSION:
The purpose of this Mayor and Council Communication is to establish a new chapter to the Code of the City of Fort Worth, Chapter 36, to provide
for the regulation and operation of the City's open space properties. The new chapter is largely based on Chapter 24, "Park and Recreation", but,
because Open Space properties are not parkland, City staff recommends the adoption of the new chapter to better suit the goals of the City's
Open Space Conservation Program and the Good Natured Greenspace Initiative (M&C 23-1016, November 28, 2023).
Chapter 36 would define Open Space as follows:
An interest in land that the City of Fort Worth owns or maintains with the primary intent of meeting one or more of the following purposes:
(1) to preserve or restore natural areas and resources;
(2) to maintain or enhance air or water quality;
(3) to preserve the property's aesthetic value and its contribution to the quality of life of the community;
(4) to mitigate erosion or enhance flood control efforts; or
(5) to prevent encroachment on floodplains or watersheds.
By contrast, Chapter 26 of the Texas Parks and Wildlife Code describes park land as "any public land designated and used... as a park,
recreation area, scientific area, wildlife refuge, or historic site."
Incidental or programmatic use of Open Space properties for other purposes may occur; however, that use is intended to be secondary to the
purposes identified above. Open Space is not parkland and is not owned, held, or claimed as a public square or park, nor is Open Space
acquired or designated as a park, recreation area, scientific area, wildlife refuge, or historic site.
Chapter 36 would also establish rules and regulations for the use of Open Space properties, including:
• Hours of operation from sunrise to sunset, unless otherwise posted (parks are generally open from 5:00 a.m. until 11:30 p.m.);
• Prohibiting littering, camping, fires, fireworks, fishing, swimming, and alcoholic beverages;
• Limiting vehicles to designated areas; and
• Prohibiting the harm of vegetation and wildlife.
Open Space properties are managed and maintained in their natural state by Park & Recreation Department. Any mowing will be infrequent and in
accordance with maintaining a healthy ecosystem and limiting the risk of fire. Amenities provided at Open Space properties are anticipated to be
minimal because the main purpose of the Open Space Program is to preserve natural spaces. Unlike parks, Open Space properties are not
expected to include trash receptacles or restrooms. Additionally, to protect natural surface trails and nearby vegetation, bicycles will only be
permitted on paved areas.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
0SCAt._INFORMATION 1 CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for City Manager's Office W. Mark L McDaniel 6316
Originating Business Una Head: Christianne Simmons 6222
Additional Information Contact: