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HomeMy WebLinkAboutORD 11-ZCJ d--� r GEM: lh 8-11-54 AN ORDINANCE REGULATING THE USE OF PUBLIC PARKS AND REGULATING CONDUCT IN SAID.PARKS;,.PRO., VIDING . FOR ENFORCEMENT-. AND_ . PRESCRIBING PENALTIES FOR_VIOLATION AND REPEALING ALL. ORDINANCES _.OR_SECTIONS .OF ORDINANCES IN-. CONFLICT HEREWITH.. . _ BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. DEFINITIONS: For the purposes of this ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the con- text, words used in the present tense include the future, words in the plural number include the singular number,- and umber, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) "City" is the City of Beaumont, Texas. (b) The word "Parke shall mean a public park, playground, recreation center -or any other area in the City, owned or used by the City and devoted to active or passive recreation. (c) The word "Person" shall mean and include any individual, firm, copartnership, ^assocation or corporation. (d) The word "Vehicle" shall mean any wheeled conveyance, whether motor powered, animal -drawn, or self- propelled. The term shall include any trailer- in tow of any size, kind or description. Exception is made for baby carriages and vehicles in the service of the City parks. (e) "Director of Parks" shall mean the head of the Department of^Recreation unless ^a Director of Parks is specifically named by the City Council or the City Manager. -2 - Section .2. PARK PROPERTY: No person in a park shall: (A) Buildings and other Property. (1) Wilfully mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridges, tables, benches, fireplaces, railingsr paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers,or other structures or equip- ment,' facili ties or park property or appurtenances what- soever, either'real or personal. (2), Fai]:,to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. (3) Dig, or remove any soil, rocks,- stones, trees, shrubs or plants, or materials, or make any ex- cavation by tool, equipment or other means or agency. (B) Trees, Shrubbery, Lawns. Damage, cut, carve,'transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant. A person shall not dig or other- wise disturb grass areas,' or in any way injure or impair the natural beauty or usefulness of any area. (C) Wild Animals, Birds, Etc. (1) Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot.or throw missiles at any animal. reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous, such as rattle snakes, moccasins, coral snakes or other deadly reptiles may be killed on sight. is -3- (2) Give or offer or attempt to give to any animal any known noxious substances. Section 3. SANITATION: No person in a park.shall: (A) Pollution of Waters. Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake or other body of -water in or adjacent to any park any sub- stance, matter or thing, liquid or solid, which will or may result in the pollution of said waters. (B) Refuse and Trash. Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be placed in any waters in any park or left anywhere on the ground thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so,provided, all such rubbish or waste shall be carried.away from the park by the person responsible for its presence, and properly disposed of elsewhere. TRAFFIC: Section 4. No person in a park shall: (A) State Motor Vehicle Laws Apply. Fail to comply with all applicable provisions of the State Motor Vehicle Traffic Laws in regard to equipment and operation of vehicles together with such regulations as are contained in this and other ordinances. (B) Enforcement of Traffic Regulations. Fail to obey all traffic officers and park employees, -4 - such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the Director of Parks. (C) Obey Traffic Signs. Fail to observe carefully all traffic signs indicat- ing speed, direction, caution, stopping or parking, and all other posted for proper control and to safeguard life and property. (D) Speed of Vehicles. Ride or drive a vehicle at a rate of speed exceed- ing 20 miles an hour, except upon such roads as the Director of Parks may designate by posted signs for speedier travel. (E) Operation Confined to Roads. Drive any vehicle on any area except the designated park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the Director of Parks. (F) Parking. (1) Park a vehicle in other than an established or designated parking area and such use shall be in accord- ance with the posted directions there at and with instruct- ions of any attendant who may be present. (2) Double parking a vehicle on any road or par - way unless directed by park official. (G) Bicycles. (1) Ride a bicycle on other than vehicular road or path designed for that purpose. A bicyclist shall be -5 - permitted to wheel or push a bicycle by hand over any grass area or wooded trail or on any pathway reserved for pedest- rain use. (2) Bicyclist shall, at all times, operate their machines with a reasonable regard for the safety of others, signal all turns, pass to the right of any vehicle they are overtaking and pass to the right of any vehicle they may be meeting. Section 5. RECREATIONAL ACTIVITIES: No person in a park shall: (A) Hunting and Firearms. Hunt, trap or persue wild life at any time. No person shall use, carry or possess firearms of any description or air -rifles, spring -guns, slings, or any other form of weapons potentially inimicable to wild life or dangerous to human safety or any instrument that can be loaded with and fire blank cartages or any kind of trapping device. Shooting into areas from beyond park boundaries is forbidden. (B) Picnic Areas. Picnic or lunch in a place other than those designated for that purpose. Activities in such areas shall be limited when necessary to prevent congestion and to secure the maxi- mum,use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end. (C) Availability. Violate the regulations and use of the individual fireplaces together with tables and benches which follows generally the rule of "first come,I first served." (D) Non-exclusive. Use any portion of the picnic areas or any other buildings or structures therein for the purposes of holding picnics to the exclusion of other persons except with special permit from the _Director of Parks. (E) Duty of Picnicer. Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuge is placed in the disposal receptacles where provided. (F) Games. Take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas set apart for such form of recreation. The play- ing of rough or comparatively dangerous games such -as foot- ball, baseball, quoits is prohibited except on the fields or areas provided therefor. (G) Horseback riding. Ride a horse except on designated bridle trails. Section 6. BEHAVIOR: No person in a._park shall: (A) 'Intoxicated Person. Enter or remain within any park while under the influence of intoxicating liquor. (B) Fireworks and explosives. Bring or have in his possession or set off or other- wise cause to explode.or discharge or burn any firecrackers, torpedo, rocket or other fireworks or explosives of inflammable material or discharge them or throw them into any such area from land or highway adjacent thereto. This prohibition shall not apply to fireworks display where special permit for same ✓ -7- has been obtained from the City Manager. (C) Dress. Appear at any place in other than proper clothing. With the exception of the restricted bathing areas, pro- perly "clothed" shall be construed to prohibit the wearing 1 r1 of trunks or clothing that does not cover the upper portion of the body. (D) Soliciting. Shall solicit alms or contributions for any purpose whether public or private. (E) Fires. Building or attempt to build a fire except in such areas and under such regulations as made or designated by the Director of Parks. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes, cigars, tobacco paper or other inflammable material within any park area. (F) Games of Chance. Gamble or participate in or abet any game of chance. (G) Loitering and Boisterousness. Sleep or protractedly lounge on the seats or benches or other areas or engage in loud boisterous, threaten- ing,' abusive, insulting or indecent language, or engage in any disorderly conduct of behavior tending to a breach of the public peace. Section 7. MERCHANDISING, ADVERTISING AND SIGNS; No person in a park shall: (A) Vending and Peddling. Expose or offer for sale any article or thing, or shall he station or place on stand, cart or vehicle for the 0 transportation, sale or display of any such article or thing. Exception is here made as to any regularly licensed concess- ionaire acting by and under the authority and regulation of the Director of Parks. (B) Advertising. Announce, advertise or call the public's attention in any way to any article or service for sale or hire. (C) Signs. Paste, glue, tack or otherwise post any signs, placard, advertisement or inscription whatever nor shall any person erect or cause to be erected any sign whatever on any public land or highway or roads adjacent to the park. Section 8. ENFORCEMENT: (A) Officials. The Director of Parks and park attendants shall in connection with their duties imposed by law, deligently enforce the provisions of this ordinance. (B) Ejectment. The Director and any park attendant shall have the authority to eject from the park any person acting in violation of this ordinance. (C) Seizure of Property. The Director of Parks and any park attendant shall have the authority to seize, and confiscate any property, thing or device in the park used in violation of this ordinance. Section 9. SEPARABILITY: If any section or provision or part of this ordinance shall be judged invalid or to be unconstitutional -9 - by Court of competent jurisdiction, such ajudication.shall not affect the validity of this ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 10. REPEAL OF ALL OTHER ORDINANCES: Any ordinance inconsistent with any of the terms or provisions of this ordinance is hereby repealed provided however that such repeals shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances relating to and covering the subject matter covered by this ordinance. Section 11. PENALTIES: Any person, firm or corporation who shall violate any of the provisions of this ordinance shall upon con- viction be deemed guilty of an offense and fined not to exceed.the sum of $200.00. Any person who shall aid, abet or assist in the violation of any of the provisions of this ordinance shall be guilty of an offense -and shall be fined not to exceed $200.00. PASSED by the City Council of the City of Beaumont, this the day of , A.D., 1954. F y