O-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 /