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Home My WebLink AboutO-172-12-74City of Allen Ordinance No. 172 , Texas AN ORDINANCE PROVIDING REGULATION FOR THE USE OF PUBLIC PARKS; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITED ACTS; PROVIDING FOR HOURS OF OPERATION; PROVIDING FOR SPECIAL PERMITS; PROVIDING FOR ENFORCE- MENT; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF Allen TEXAS: Section I DEFINITIONS For the purpose of this Ordinance, the following words _ and phrases shall have the meanings respectively ascribed to them by this section: (A) "Public Park" shall mean any land or lands within the corporate limits of the City of .Allen , Texas which has been designated by the City Council and/or the P City Zoning Board as a recreational area, which shall include, but not be limited to, improved areas designated as city parks, public school playgrounds, municipal -owned recreational facilities, and all other facilities maintained by the City for the recreational enjoyment of its citizens. (B) "City Council" shall mean the elected or appointed officials comprising the general governing authority for the City of Allen (C) "City Zoning Board" shall mean the Zoning Board for the City of Allen (D) "City Secretary" shall mean the Secretary for the City of Allen or his duly authorized representative . Section II PROHIBITED ACTS It shall be unlawful for any person to commit or attempt to commit in a public park any one or more of the following acts: A. To hitch, fasten, lead, drive or let loose any animal, reptile, or fowl of any kind, provided that this shall not apply to dogs when led by a cord or chain, not more than six feet long, except in designated. areas. B. To ride or drive any horse or other animal, except, in designated areas. To ride, drive or go at a rate of speed faster than speed limits as posted on standard signs, upon any bicycle, motorcycle, auto- mobile, or any other vehicle whatsoever, upon any drive or street in any park of the City, or to ride or drive any such motorcycle, automobile or other motorized vehicle upon any walk in such park, except in designated areas. C. To carry or discharge any firearms, firecrackers, rockets, torpedos or any other fireworks, airguns, BB guns, bows and arrows, slingshots; or hit golf balls excepted in designated areas. D. To damage, cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen monument, fence, bench or other structure, apparatus, or property; or to pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or to mark or write upon, paint, or deface in any manner, any building, monument, fence, bench or other structure. E. To cut or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer. F. To swim, to bathe, wade in, or pollute the water of any fountain, pond, lake or stream. G. To make or kindle a fire except in picnic stoves, braziers, fire pits, or designated areas provided for that purpose. H. To wash dishes or to empty salt water or other waste liquids elsewhere than in sinks provided for such purposes. I. To leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles provided therefor. J. To participate or engage in any activity on any public park area when such activity will create a danger to the public or may be considered a public nuisance. Particular locations may be designated within park areas for specific activities. K. To camp, sleep or stay overnight on any park property. L. To remain, stay or loiter in any public park except during daylight hours unless a special permit for nighttime use has been obtained from the City Secretary. M. To possess or consume any alcoholic beverages. N. To use or speak any threatening, abusive, insulting or indecent language in any of the public parks, and no person shall commit, in any such parks, any obscene, lewd or indecent act or create any nuisance. 0. To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition. P. To distribute, post, place or erect any advertising, handbill, circular, bill, notice, paper or other advertising device without prior permission of the City Council. ,, Q. To sell or offer for sale any food, drinks, confections, merchandise or services unless such person has a written agreement or a permit issued by the City Council. R. To practice, carry on, conduct or solicit for any trade, occupation, business or profession, or to circulate any petition of whatsoever kind or character without approval of the City Council. Section III. HOURS OF OPERATION The hours of operation for property constituting any public park shall be from daybreak until dusk, except for those areas specifically designated by the City Council which shall have the hours of operation posted upon said area; provided, however, that the City Council may issue special permits for use of the public park areas after the hours of operation. Section IV. SPECIAL PERMITS Upon the written request by any citizen of the City of Allen , submitted not less that forty-eight (48) hours in advance of the day of the requested use, the City Council or its authorized representative may consider and grant, or deny, a special permit for the extended use after hours of operation of public park areas. Upon the approval of the written request, the City Council or its authorized representative shall issue to the person so requesting a written and signed permit. Said written and signed permit shall be in the possession of any person or group of persons so utilizing a public park after the designated or normal hours of operation and said permit shall be presented to any law enforcement officer or city employee authorized to police the use of public parks. Section V. ENFORCEMENT Any act committed upon public park property which is prohibited by this Ordinance shall be cause for the arrest of any person so committing said prohibited act by any law enforcement officer of the City of Allen and the prosecution of said person by the City Attorney. Jurisdiction for any suit brought to enforce a penalty for violation of this Ordinance as provided hereafter shall be in the municipal court for the City of Section VI. PENALTY Allen Any person who violates any provision of this Ordinance shall be guilty of a separate offense for each prohibited act committed and such offense shall be punishable by a fine not to exceed One Hundred And No/1001s ($100.00) Dollars. Section VII. SAVINGS CLAUSE All of the provisions of this Ordinance shall be deemed severable; and should any part of this Ordinance be declared unconstitutional by a Court of competent jurisdiction, it is expressly provided that the remaining portions of this Ordinance shall remain in full force and effect. Any noun contained in this Ordinance shall apply to both genders and each singular noun shall be read to include the plural. Section VIII. PUBLICATION The caption of this Ordinance shall be published one (1) time in a weekly newspaper having general publication in the City of _ Allen , Texas, and shall be effective immediately upon its adoption and publication. All other ordinances regulating the use of public parks shall be repealed at the time this Ordinance becomes effective. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF Allen , TEXAS, ON THIS THE 5th DAY OF December Correctly Recorded: City Secretary , 1974. THE CITY OF Allen , TEXAS Mayor /