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HomeMy WebLinkAbout2010-3260 - Ordinance - 07/08/2010ORDINANCE NO. 2010-3260 AN ORDINANCE AMENDING CHAPTER ONE, SECTION 14 "GENERAL PROVISIONS/CONDUCT OF PERSONS WITHIN PARK AND RECREATION AREAS OF CITY" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW PERTAINING TO RULES AND REGULATIONS FOR ORGANIZED USE OF VARIOUS PARK FACILITIES AND FOR DOGS IN PARKS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 1 "General Provision," Section 14 "Conduct of Persons within Park and Recreation Areas of City" of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibits "A" and "B", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 8' day of Sui y , 2010. APPROVED: MAYOR ATTEST: y Secretary Ordinance No. 2010-32!04 Exhibit "A" That Chapter 1, "General Provisions," Section 14, "Conduct of Persons within Park and Recreation Areas of City," section F of the Code of Ordinances of the City of College Station, Texas, is hereby amended by deleting said section and substituting therefore a new one as set out hereafter to read as follows: "F. Use Permits. (1) Permit required. In addition to meeting any other provision of this code of ordinances, a permit from the Director of Parks and Recreation or his designee, hereinafter referred to as "Director, is required prior to sponsoring, holding or conducting the following uses in a City park or City park facility: a. Any organized sport activity including sports leagues and associations, tournament play, and activities related thereto including concessions, rallys, award ceremonies, etc.; b. Any exhibit, music event, play, motion picture or similar form of entertainment; c. Any assembly or parade; d. Any use of amplified sound equipment; e. Any sale of food, drinks, or other goods; f. Any sale of services, including boot camps, tennis lessons, day care, etc.; g. Any park use during times when the city park or city park facility is normally closed to the public; h. Cutting or removal of any trees; (2) Display permit. Permits required by this section shall be posted in the area where the activity is conducted or produced and exhibited upon demand of any law enforcement officer of the city or any authorized park employee of the city. (3) Application procedure. A person required to get a permit hereunder must make application with the Director. The application shall contain the following, to wit: a. The name, address, telephone number and email address of the person or organization applying for the permit and, if an organization, its officers; b. The exact nature of the use or activity for which the permit is being sought; c. The days and hours for which the permit is desired; d. The part and the portion of the park or park facility desired to be used to carry out the proposed use or activity; e. An estimate of the anticipated attendance; f. Payment of a fee, if any, as may from time to time be established by the City Council; g. Any other information that the Director determines to be reasonably necessary. (4) Time of Application. Application shall be made to the City filed with the Director for consideration not less than two (2) days nor more than three hundred sixty-five (365) days before the date of the proposed use of the City park or City park facility. Emergency requests for permits may be submitted and considered at the Director's discretion. (5) Criteria granting permit. A permit shall be issued unless the Director finds: and Ordinance No. 2010-324)0 a. That the proposed activity or use will unreasonably interfere with or detract from the general public use and enjoyment of the City park or City park facility; b. That the proposed activity or use detrimentally affects the public health, safety or welfare; c. That the facilities desired have been reserved for another activity or use at the day and hour requested in the application; d. That false or misleading information is contained in the application or required information is omitted; e. That the proposed use conflicts with a City -sponsored event or program; or f. That the event would violate any federal, state or municipal law. (6) Conditions to the Permit. The Director may impose reasonable conditions or restrictions on the granting of a permit including, but not limited to, any of the following: a. Restrictions on fires, fireworks, amplified sound, dancing, sports, use of animals, equipment or vehicles, the number of persons to be present, the location of any bandstand or stage, or any other use which appears likely to create a risk of unreasonable harm to the use and enjoyment of the park or park facility; b. A requirement that the applicant post a reasonable deposit or security for the repair of any damage to park property or the cost of cleanup, or both; c. A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate security forces by the City at the proposed use or activity; and d. A requirement that the permittee furnish additional sanitary and refuse facilities that might be reasonably necessary, based on the use or activity for which the permit is being sought. (7) Transfer of Permit. Permits shall not be transferable without the written consent of the Director. (8) Granting Permit. The Director will make a decision on the permit application as promptly as possible after the applicant has provided all the information required by the application, including in the form and manner required, but in no case later than ten business days after the date a complete application is submitted. The Director shall apprise an applicant in writing of his approval of such application or of the reasons for refusing a permit or any conditions which are required for the issuance of the permit. (9) Revoking a Permit. The Director shall have the authority to revoke a permit upon a finding of violation of any rule, ordinance, state or federal law or upon the violation of any condition or restriction under which the permit was issued. (10) Appeal. Any person dissatisfied with a decision of the Director in failing to grant a permit or to revoke a permit shall have the right to appeal in writing within ten (10) days of the date of the Director's written decision. Such appeal shall be presented by the applicant in writing to the City Manager who shall consider the matter under the standards established in this section. The City Manager shall sustain or overrule the Director's decision within fourteen (14) days of the date he receives the written appeal from the applicant. The City Manager's decision on such appeal shall be final. (11) Abide by applicable rules. A permittee shall be bound by all park rules and regulations and all other applicable ordinances as fully as though the same were inserted in the permit. (12) Indemnification of City. The permittee agrees to indemnify and hold harmless the City and its officers, agents and employees from any and all actions, claims, costs, damages and expenses, including but not limited to attorney's fees and court costs, arising out of permittee's use of the City park or City park facility. Furthermore, such indemnification shall apply with Ordinance No. 2010-32100 respect to all acts or omissions of the permittee and the permittee's participants, students, spectators, invitees, licensees, relatives, friends and their respective invitees or licensees associated therewith. The person to whom a permit is issued shall be liable for any loss, damage or injury to persons or property whatsoever by reason of the negligence of the person to whom such permit is issued and his or its agents, officers or employees. (13) Responsibility for Damages and Services. The person, group, organization or entity reserving the use of a park facility shall be responsible for all damages to City property and for the cost of any unreasonable wear and tear of park facilities or services, emergency or public safety services including police and fire, provided to, at or dispatched to the City park or City park facility as a result of such person's, group's or the organization's misuse, improper or unlawful use of the park facility." Ordinance No. 2010-3/60 Exhibit "B" That Chapter 1, "General Provisions," Section 14, "Conduct of Persons within Park and Recreation areas of City," Subsection J, "Dogs" of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by replacing Subsection J. as set out hereafter to read as follows: "J. DOGS. It shall be unlawful for any owner or person in control of any dog to keep or permit the same in or about any park or recreation area unless such dog is kept under restraint at all times by means of a leash, except at Lick Creek Park, which is designated "leash free" with dogs required to be under "voice control" of the owner or person in control; and except in designated dog parks."