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HomeMy WebLinkAboutOrdinance 1559906-25-03 A08 ~ 1 6 I (~ ORDINANCE NO. ~ ~ ~ e I AN ORDINANCE AMENDING SECTIONS 24-1 THROUGH 24-4, SECTIONS 24-8 THROUGH 24-10 AND SECTIONS 24-14, 24-15, 24-17 AND 24-18 OF CHAPTER 24 "PARKS AND COMMUNITY SERVICES" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY ADDING NEW REGULATIONS REGARDING ANIMALS AND BIRDS, LITTERING, PARK HOURS, DOGS ON LEASHES, FISHING, SWIMMING, BOATING AND CAMPING, CONSUMPTION OF ALCOHOLIC BEVERAGES AND WHEELED SPORTS EQUIPMENT IN THE CITY PARKS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 24-1, "JURISDICTION", of Chapter 24, "PARKS AND COMMUNITY SERVICES" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended as follows: Sec. 24-1. ,Turisdiction. The rules and regulations in this article shall be in force in all parks, recreation areas and community centers of the city. SECTION 2. That Section 24-2, "CONDITIONS FOR USE; ENFORCEMENT", of Chapter 24, "PARKS AND COl~~V[I.)NITY SERVICES" of the' Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended as follows: Sec. 24-2. Conditions for use, enforcement. Compliance with all laws, ordinances, rules and regulations is a condition of the use of any public park, community center or recreation area of the city. It shall be unlawful for any person to remain in any park, community center, or recreation area within the city after being advised by an employee of the Parks and Community Services Department or a peace officer that he is interfering with, disrupting, or preventing the orderly conduct of any supervised or unsupervised play, educational program, or amusement program in any park, community center, or recreation area within the city and having been asked to leave. SECTION 3. That Section 24-3, "MOLESTING ANIMALS AND BIlZDS", of Chapter 24, "PARKS AND COl~~IlV1UNITY SERVICES" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended as follows: Sec. 24-3 animals and Birds. It shall be unlawful for any person to intentionally harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect any animal or bird in any park or recreation area or attempt to engage in any such conduct. The Director of Parks and Community Services, or designee, is excepted from the provisions of this section in instances where the health and/or safety of the public maybe threatened. SECTION 4. That Section 24-4, "LITTERING", of Chapter 24, "PARKS AND COMMUNITY SERVICES" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended as follows: Sec. 24-4. Littering. It shall be unlawful for any person to deposit paper, glass, metal, litter, cigarette or cigar butts or trash of any description on any lawn, driveway, path, trail or other place in any park, community center, trail or recreation area except in receptacles provided for waste disposal. SECTION 5. That Section 24-8, "ENTERING CLOSED AREAS; HOURS OF OPERATION", of Chapter 24, "PARKS AND COMMUNITY SERVICES" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended as follows: Sec. 24-8. Remaining or entering closed areas; hours of operations. 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 in any area 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 park and recreation area which is closed for the season. The Director of the Parks and Community Services Department shall post the hours during which the area is open to the public. Unless otherwise posted by the 2 Director of the Parlcs and Community Services Department, the hours during which parks are open to the public are 5:00 a.m. to 11:30 p.m. SECTION 6. That Section 24-9, "DOGS TO BE ON LEASH", of Chapter 24, "PARKS AND COMMUNITY SERVICES" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended as follows: Sec. 24-9. Dogs to be on leash. Dogs must be kept on a leash and under the direct physical control of the owner or handler while in any city park or recreation area. Dogs are permitted off-leash only in those portions of the park designated by the Director of Parks and Community Services as off-leash areas. Dogs must remain under the immediate personal supervision and command of the owner or handler. while in off-leash areas. SECTION 7. That Section 24-10, "RIDING, TETHERING OR PASTURING ANIlVIALS", of Chapter 24, "PARKS AND COMMUNITY SERVICES" of the Code of the City of Fort Worth; Texas (1986), as amended, is hereby amended as follows: Sec. 24-10. Riding, tethering or pasturing animals. It shall be unlawful for any person, without written permission of the Parlcs and Community Services Director or the City, to ride any cow, horse, mule, fowl or domesticated animal in or upon any park or recreation area not designated by the Parks and Community Services Director for such purpose, or to tether or pasture, or allow or cause to be tethered or pastured, any cow, horse, mule, fowl or domesticated animal in or upon any park or recreation area. SECTION 8. That Section 24-14, "FISHING, SWIMMING, BOATING IN NONDESIGNATED AREAS", of Chapter 24, "PARKS AND COMMUNITY SERVICES" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended as follows: Sec. 24-14 Fishing, swimming, boating and camping (a) It shall be unlawful for any person or persons to wade, swim, or camp within any park or recreation area, other than in city operated swimming pools during 3 designated hours of operation, without the expressed written permission of the Director of the Parks and Community Services Department. (b) It shall be unlawful for any person or persons to boat or fish within any park or recreational area designated by the Parlcs and Community Services Director as being an area in which fishing and boating is prohibited and has been so designated by signs indicating such prohibition. SECTION 9. That Section 24-15, "TRAFFIC REGULATIONS", of Chapter 24, "PARKS AND CONIlVlIJNITY SERVICES" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended as follows: Sec. 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 any motorized vehicle or to permit any such motor vehicle to so stop, stand or park within the confines of any park or recreation area, except such as may be necessary or incidental to park visits or such as maybe 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 park or recreation area. (c) If any motorized vehicle is found within the confines of any park or recreation area in violation of any prior provisions 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 confines of any park or recreation area with the expressed written permission of the Director of the Parks and Community Services Department are exempt from the provisions of this section SECTION 10. That Section 24-17, "ALCOHOLIC BEVERAGES-PROHIBITED IN BALL FIELDS", of Chapter 24, "PARKS AND COl~~I~IUNITY SERVICES" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended as follows: 24-17. Alcoholic beverages (a) It shall be unlawful for any person to knowingly or willfully sell, possess 4 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; or (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 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 any athletic field that has been designated by the Parks and Community Services Director as being an area in which alcohol consumption, sale or possession is prohibited and has been so designated by signs indicating such prohibition. A Sign or signs shall be conspicuously posted prohibiting the possession of alcohol as follows: "POSSESSION OF ALCOHOL ON THESE PREMISES IS PROHIBITED UNDER SECTION 24-17 OF THE CODE OF THE CITY OF FORT WORTH. PERSONS IN VIOLATION MAY BE FINED UP TO $500.00." SECTION 11. That Section 24-18, "SAME- PROHIBITED IN CERTAIN OTHER AREAS", of Chapter 24, "PARKS AND COMIVIUNITY SERVICES" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby deleted in its entirety to now read as follows: 24-18 Bicycles, roller blades, skateboards and other wheeled sports equipment It shall be unlawful for any person to use a bicycle, roller blades, skateboard, or any other wheeled sports equipment 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 12. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), 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 13. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases 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 14. Compliance with these rules and regulations shall be a condition of the use of the public parks and recreation areas of the city. 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 subject to arrest, and or fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 15. The City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013. 6 SECTION 16: This ordinance shall be effective upon its passage and publication as required by law. APPRO D AS TO FORM AND LEGALITY: Assistant Ci orney ADOPTED: ~ `~ ~-~ "` y EFFECTIVE: ~7 '-"' ~-~ 7 DATE 6/24/03 REFERENCE NUMBER G-14014 LOG NAME 80REVISECHAPTE PAGE 1 of 1 SUBJECT ADOPTION OF ORDINANCE REVISING CITY CODE CHAPTER 24 - "PARKS AND COMMUNITY SERVICES" RECOMMENDATION: It is recommended that the City Council adopt the attached amendments to the City of Fort Worth City Code, Chapter 24, "Parks and Community Services." DISCUSSION: The Fort Worth City Code, Chapter 24, "Parks and Community Services" addresses ordinances related to the operation and management of the Parks and Community Services Department (PACs). This chapter establishes the rules and regulations for all parks, recreation areas and community centers in the city. The Department of Law requested that two sections of the Chapter be amended to more effectively prosecute violators. PACs conducted a comprehensive review of the entire chapter to update the code to current standards and best practices. The Police Department also provided input related to enforcement of the ordinances. On March 18, 2003, the Parks and Community Services Advisory Board reviewed and endorsed staffs recommendation to the City Council to amend the Fort Worth City Code, Chapter 24. On June 3, 2003, the Government and Neighborhood Relations Committee approved recommending to the City Council amendments to the City of Fort Worth Code, Chapter 24. The existing code and proposed amendments are attached for Council's review. This Mayor and Council Communication affects all COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION:. The Finance Director certifies that this action will have no material effect on City funds. JP:r Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Joe Paniagua 6140 Originating Department Head: Randle Harwood (Acting) 5704 (from) APPROVED 06/24/03 ORD.# ]5599 Additional Information Contact: Randle Harwood (Acting) 5704