HomeMy WebLinkAboutORD 3032 Amending Chapter 58 of the Code of Ordinances Relating to Parks and RecreationCity of West University Place
Harris County, Texas
ORDINANCE NO. 3032
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS, AMENDING CHAPTER 58, PARKS AND RECREATION, OF THE
CODE OF ORDINANCES, TO PROVIDE FOR THE REGULATION OF COMMERCIAL
ACTIVITIES AND CONCESSIONS IN A CITY PARK; PROHIBITING COMMERCIAL
ACTIVITIES AND CONCESSIONS IN A CITY PARK WITHOUT THE PRIOR WRITTEN
CONSENT OF THE CITY; PROVIDING A PENALTY UP TO $500.00 FOR EACH
VIOLATION; PROVIDING FOR PUBLICATION; AND MAKING OTHER FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, pursuant to its authority under the Texas Constitution, the City Charter and
the laws of this state, the City Council of the City of West University Place, Texas has
adopted regulations for the use of its parks, including its park and recreation facilities, to
protect the public health, safety and welfare; and
WHEREAS, the City Council desires to authorize the parks and recreation director to
supervise and permit, under certain conditions, the use of a park for commercial activities;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS THAT:
Section 1. Article IV, Tennis Courts, of Chapter 58, Parks and Recreation, of the
Code of Ordinances of the City of West University Place, Texas, is amended to read as
follows:
"Chapter 58 — PARKS AND RECREATION
ARTICLE IV. REGULATIONS IN PARKS
Sec. 58-80. Commercial Activities and Concessions Prohibited; Regulations.
(a) Permit Required. No person shall have the right to offer or promote anything
for sale or barter, or to exhibit anything, or to conduct any amusement,
recreational activity, sports event, or other business for which any participation or
admission fee is charged or revenue is otherwise derived, within any city park,
without first obtaining the written consent of the city council or the city's parks and
recreation director.
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(b) Commercial activities prohibited. A person commits an offense if the person,
without the prior written consent of the city council or the city's parks and
recreation director:
1) carries on any commercial activity, including selling of and concessions in any
city park, playground or park facility;
2) charges another person a fee for use of a city park, playground or park facility;
3) charges another person a fee for participation in an activity located on a city
park, playground, or park facility; or
4) intentionally prevents or prohibits another person from using a city park,
playground, or park facility.
ll The city's parks and recreation director is hereby delegated the authority to, and
directed to, establish uniform rules and regulations relating to the use and
reservation of the city's; parks, playgrounds and park facilities. Such regulations
shall be effective when filed of record with the city secretary and a copy of such
regulations shall be maintained for public inspection at the office of the director of
parks and recreation. The city's parks and recreation director may authorize an
agreement to use a city park, playground or park facility, including the permission
to collect fees or revenues, provided that such agreement shall be "terminable at
will" by the city.
(d) It is a defense to prosecution under subsection (b) above that the person is an
individual younger than 18 years of age and the person is making an occasional sale
of lemonade or other non-alcoholic beverage from a stand.
Section 2. Savings/Repealing Provision. All ordinances and parts of ordinances
in conflict with this ordinance are repealed to the extent of the conflict only.
Section 3. Severability. If any provision of this ordinance shall be held to be
invalid or unconstitutional by any court of competent jurisdiction, the remainder of this
ordinance shall continue in full force and effect the same as if such invalid or
unconstitutional provision had never been a part hereof.
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Section 4. Penalty; Notice.
A violation of this ordinance shall be a Class C misdemeanor, and the penalty for
violating this ordinance shall be a fine not exceeding five hundred and No/100 Dollars
($500.00) for each offense.
Section 5. Effective Date. Upon its passage and adoption on second reading
and the publication of the caption, as required by the City Charter and state law, this
ordinance will take effect October 1, 2022.
PASSED, APPROVED AND ADOPTED ON FIRST READING on the 25th day
of July , 2022.
P; SED, APPR VED AND ADOPTED ON SECOND READING, AND SIGNED,
on the day of , 2022.
Recommended:
ity anager
Signed:
Approved as to form:
son & n, LL , ity Attorney
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