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Home My WebLink AboutO-1152-1-93ORDINANCE NO. 1152-1-93 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NOS. 172 AND 697-5-86 AND CHAPTER 11, "PARKS AND RECREATION," OF THE ALLEN CODE OF ORDINANCES AS FOLLOWS: SECTION 11-21 OF ARTICLE II, "PARKS AND RECREATION BOARD," RELATIVE TO THE REGULATION OF CITY PARK AND RECREATION FACILITIES, TIES, SECTION 11-36 OF ARTICLE III, "USE OF PUBLIC PARKS," REDEFINING "PUBLIC PARK," AND SECTION 11-39 OF ARTICLE III, "USE OF PUBLIC PARKS," RELATIVE TO THE ACTS PROHIBITED WPITIIN A PUBLIC PARK; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN DCTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: That from and after the effective date of this Ordinance, Section 11-21, Article II, Chapter 11 of the Allen Code of Ordinances is hereby amended in the following manner and shall read as follows: "Sec. 11-21. Regulation of city park and recreation facilities. (a) Operating regulations The city council directs the parks and recreation board to establish official rules and regulations for the operation of the city's parks and recreation facilities and directs that the parks and recreation board review those rules and regulations on a timely basis and update accordingly. (b) Programming of activities The city council directs the parks and recreation board to establish appropriate programming of activities for the city's parks and recreation facilities and directs that the established programming be reviewed on a timely basis and updated accordingly." SECTION 2: That from and after the effective date of this Ordinance, Section 11-36, Article III, Chapter 11 of the Allen Code of Ordinances is hereby amended in the following manner and shall read as follows: "Sec. 11-36. Definitions. For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Director of parks and recreation: The director of the City of Allen's parks and recreation department, or his duly authorized representative. Public park: Any land or lands within the corporate limits of the City of Allen, � Texas, owned or maintained by the city, which shall include, but not be limited to, improved areas designated as city parks, city -owned recreational facilities and all other facilities maintained or used by the city for the recreational enjoyment of its citizens." SECTION 3: That from and after the effective date of this Ordinance, Section 11-39, Article III, Chapter 11 of the Allen Code of Ordinances is hereby amended in the following manner and shall read as follows: "Sec. 11-39. 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: (1) 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 (6) feet long, except in designated areas. (2) 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, automobile 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. (3) Except as otherwise provided in this Code, to carry or discharge any firearms, firecrackers, rockets, torpedos or any other fireworks, airguns, BB guns, bows and arrows or slingshots; or to hit golf balls except in designated areas. (4) 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. (5) To cut or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer. (6) To swim, bathe, wade in or pollute the water of any fountain, pond, lake or stream. (7) To make or kindle a fire, except in picnic stoves, braziers, fire pits or designated areas provided for that purpose. (8) To wash dishes or to empty saltwater or other waste liquids elsewhere than in sinks provided for such purposes. (9) To leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles provided therefor. (10) 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. (11) To camp, sleep or stay overnight on any park property unless a special permit for nighttime use has been obtained. (12) To remain, stay or loiter in any park between the hours of 11 p.m. and 5 a.m. unless a special permit for nighttime use has been obtained. (13) To possess or consume any alcoholic beverages. (14) 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. (15) To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition. (16) To distribute, post, place or erect any advertising, hand -bill, circular, bill, Ordinance No. 1152-1-93 Page 2 notice, paper or other advertising device without prior permission of the parks and recreation board. (17) To sell or offer for sale any food, drinks, confections, merchandise or services unless such person has a written agreement or permit issued by the parks and recreation board. (18) 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 parks and recreation board." SECTION 4: That 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 or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 5: This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 7TH DAY OF JANUARY, 1993. / APPROVED ,AS TO FORM: APPROVED: 45��e 7moo�� Afe Farmer, MAYOR ATTEST: Ordinance No. 1152-1-93 Page 3 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1152-1-9 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Sunday August 22, 1993 & Wednesday August 25, 1993 and which was issued on August 22, 1993 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this day of A.D. 19_2S V. A. TODD my OOMMISsm EXPIRES December 5, 19M Publisher's fee $29.26 ARY PUBLIC in and for COLLIN COUNTY, TEXAS CITY OF ALLEN ' PUBLIC NOTICE I (Notice is hereby given that the Allen City `Council adopted the following ordinance. at �rdinance eir regular meeting held on Thursday, I anuary 7, 1993 (Title only): W. 1 No. 1152-1-93: An Ordinance t of the City of Allen, Collin County, Texas, rAmending Ordinance Nos. 172 and , 697-5-86 and Chapter 11, "Parks and Re- creation," of the Allen Code of Ordinances j as Follows: Section 11-21 of Article? II, "Parks and Recreation Board," Relative to the Regulation of City Park and Recreation Facilities, Section 11-36 of Article III, "Use r of Public Parks," Redefining "Public Park," and Section 11-39 of Article III, "Use of c Public Parks," Relative to the Acts Prohi- bited Within a Public Park; Providing a Severability Clause; and Providing for an Effective Date. A copy of this ordinance. may be read or purchased in the office of the City"Secret= ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison City Secretary I PUBLIC NOTICE _ Notice is hereby given that the -Allen City Council adopted the following ordinance at their regular meeting held on Thursday, January 7, 1993 (Title only). + Ordinance No. 1152-1-93: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance Nos. 172 and 697-5-86 and Chapter 11, "Parks and Re- creation," of the Allen Code of Ordinances as Follows: Section 11-21 of Article II, "Parks and Recreation Board," Relative to `fh'e Regulation of City Park and Recreation Facilities, Section 11-36 of Article III, "Use V Public Parks," Redefining "Public Park," 'and Section 11-39 of Article III, "Use of 'Public Parks," Relative to the Acts Prohi- bited Within a Public Park; Providing a Sdverability Clause; and Providing for an Effective Date. 'Alcopy of this ordinance may be read or p6rchased,in the office of'the City Secret- ary, City of Allen; One Butler Circle, Allen, I Texas 75002. /s/ Judy Morrison City Secretary