HomeMy WebLinkAboutOrd 1497 - parks & recreation
J~N-20-'95 14:59 ID:
TEL NO:7138801417
1::0;;:;3 P02
ORDINANCE NO. ~7
AN ORDINANCE RELATING TO PARKS & RECREATION;
MffiNDING THE CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; PRESCRIBING A PENALTY; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. That Chapter 16 of the Code of Ordinances of the City of West
University Place, Texas is hereby amended to read in its entirety as shown in
Appendix A, which is attached hereto and made a part hereof for all purposes.
Section 2. This ordinance applies from and after its effective date. Any
violations committed before the effective date are governed by the ordinances in
effect before the effective date, and they are continued in effect fOf this purpose.
Section 3. All ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this ordinance to any other
persons or circumstances, shall be affected thereby.
Section 5. The City COlmcil officially fmds, detennines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at
which this ordinance was discussed, considered or acted upon was given in the
manner required by the Texas Open Meetings Act. as amended, and that each such
meeting has been open to the public as required by law at all times during such
discussion, consideration and action. The City Council ratifies, approves and
confinns such notices and the contents and posting thereof. The City COWlcil
officially finds, detennines and declares that sufficient notices of the joint public
hearings were given, and the City Council ratifies, approves and confinns such
notices, including the contents and the method in which they were given.
JRN-20-'95 15:00 ID:
TEL NO:7138801417
t:l~:19 2W
Section 6. This ordinance shall become effective on the tenth day following
its publication, as provided in the City Charter.
PASSED AND APPROVED ON FIRST READING, this A'3'1iay of ~_
, 19~r r. 0-
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED AND APPROVED ON SECOND READING, this /31ay of .-Hff_'
, 19 Y:..S- '-/~~
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Signed: f:uj j) /A ~).
Mayor
Attest:
(Seal)
~~~
t ecretary
b21 :oparks.54
JAN-20-'95 15:24 ID:
TEL NO:7138801417
l:t060 P02
Chapter 16
PARKS & RECREATION
Subchapter A. In General.
Sec. 16.101. Definitions.
In this Chapter, "IDSD Licensed Area" means the part of West
University Elementary School schoolyard licensed for City use
under and pursuant to the most recent license or lease agreements
between the Houston Independent School District and the City, as
shown by official maps or other descriptions on file with the City
Secretary.
Sec. 16.102. Park and Playground Hours; Curfew.
(a) Curfew. A curfew is hereby established each night between
the hours of 10:00 PM and 7;00 AM within the following: Colonial
Park, Weir Park, Whitt Johnson Park. Judson Park, Milton Street
Park, all other areas in the City limits hereafter formally dedicated
for park purposes by ordinance duly adopted and the HISD
Licensed Area.
(b) Conduct Unlawful. During the hours of curfew established
by this section, it shall be unlawful for any person to occupy or
travel through any of the areas for which a curfew is established by
this section, except:
(1) occupancy and use, to the extent expressly
authorized by a permit issued under this section, are
not prohibited, and
(2) this subiection does not apply to city officen. agents
or employees, law enforcement personnel,
emergency medical persoMeI, firefighters or utility,
maintenance personnel, while ther are performing
the duties of their respective positions.
(c) No-Disturbance Defense. It is an affirmative defense to
prosecution under this section that a person occupying or traveling
through an area subject to curfew made no noise and engaged in no
other activity that could disturb the sleep of a person of ordinary
sensibilities in any nearby residence.
(d) After-Hours Permits. It is an affirmative defense to
prosecution under this section that a valid after-hours permit
Exhibit A: CHAPTER 16 (1-20-95)
Page A-I
JHN-d~-'~~ l~:d~ 1D:
TEL NO:7138801417
;;060 P03
authorized the conduct in question. Such permits may be issued by
the responsible officdakignated under Chapter 18. After-hours
permits may only be issued for special or unanticipated activities for
which there is no practical alternative area available. Each pennit
shall prescribe and limit the allowable use and occupancy to the
minimum area, the minimum time and the minimum level of activity
practicable under the circumstances.
(e) Additional Restrictions. The Parks & Recreation Director
may impose additional restrictions on the times for using lights,
tennis courts, basketball facilities and other park. facilities. A
violation of such restrictions is not an offense under this Code, but
continued use or occupancy of the facilities in violation of the
restrictions is forbidden (and may be punishable as a trespass).
Subchapter B. Parks & Recreation Board
See. 16.201. Created; Composition; Appointment; Quorum.
(a) Regular Members: Quorum. There is hereby created the
parks and recreation board, or "PRB." It shall consist of 1 5 regular
members, aU appointed by the City Council. A quorum is a
majority of the regular members appointed and holding positions
which are not vacant, but never less than three.
(b) Advisory Members. In addition to the regular members.
every person serving on the Board of the Friends of West
University Parks Fund, a non-profit corporation, and who is not
also a regular member of the PRB. shall also serve as an advisory
member of the PRB.
Sec. 16.202. Qualifications; terms; vacancies.
(a) Positiolls, Qualifications. Each regular member of the PRB
shall be appointed to a specific numbered position, numbered 1
through 15. Each appointee, at the time of appointment, must be a
resident of the City. A regular member who ceases to be a resident
of the City shall be deemed to have resigned and may be replaced at
any time thereafter, but shall continue to serve until the successor is
appointed and shall have qualified.
(b) Position-Terms. Each position shall have successive terms
of office, with each term beginning on September 1 of each odd-
numbered calendar year and extending through August 31 of the
Exhibit A: CHAPTER 16 (l-20-95)
Page A-2
JHN-2~-'~~ 1~:25 1D:
II::.L NO:71388014l'f
;;0b\::1 t-'\::14
next following odd-numbered calendar year.
(c) Position-Term Appointments. Each regular member
appointed shall serve for the specific tenn, or the unexpired portion
thereof, of the position to which the member is appointed.
Appointments for upcoming terms may be made no sooner than
sixty days prior to the beginning of the term.
(d) Holding Over. Regular members shall also serve after the
expiration of a tenn of office until their respective successors are
duly selected and shall have qualified.
(e) Vacancies. In the event of death, resignation, or removal
from office of any regular member, or any other vacancy in a
position, a successor shall be appointed and qualified to serve the
remaining unexpired position of the tenn of office of the vacant
position.
Sec. 16.203. Removal of members.
The City Council may remove a member of the PRB, after
providing notice and an opportunity for a hearing to the member.
Sec. 16.204. Officers.
The City Council may from time to time designate one member
of the PRB as the presiding officer, who shall serve until another
presiding officer is so designated.
Sec. 16.205. Com pensation; Staff Liaisons.
(a) No Compensation. The members of the PRB shall receive
no compensation for their services. This shall not prohibit
reimbursement for actual and reasonable expenses incurred by
authority of the city manager or the City Council.
(b) Staff Liaisons, Etc. Staff liaisons and other administrative
matters are covered by Chapter 2 of this Code.
Sec. 16.206, Powers and duties.
The PRB shall have the power and shall be required to:
(1) Advise the city council and the city manager on matters
relating to parks and public recreation.
(2) Make studies and investigations of park facilities and
recommend to the city council plans for the
improvement of such facilities.
--p-~-------------------------------------------------------------------------
Exhibit A: CHAPTER 16 (1.20.95)
Page A-3
JHN-~~-'~~ 15:26 1D:
IEL NO:7138801417
~060 P05
(3) Make studies and investigations of the public recreation
program of the city and make recommendations to the
city council regarding such program
(4) Perform such other duties with reference to parks and a
recreation program, not inconsistent with this section, as
the city council may, from time to time. require.
Subchapter C. HISD Licensed Area
Sec. 16.301. Permits.
(a) When Required. Any person or group desiring to use the
HlSD Licensed Area for an organized youth spons event must
obtain a permit under Chapter 18. (Permission for other events or
uses must be obtained from the HISD.) The issuing authority shall
require the permittee, as 8 condition of each pennit, to agree to and
comply with all regulations applicable under this Chapter.
(b) Penalties and Ellforcement. Revocation of permits and
tennination of the privilege of using the HISD Licensed Area, plus
the remedies provided by Chapter 18, arc the exclusive remedies for
enforcement of this subchapter. Violations of this subchapter are
not subject to criminal penalties, and this Chapter shall neither
create nor fonn the basis for any civil litigation against the City.
Sec. 16.302. Regulations.
The following regulations apply to the HlSD Licensed Area and
nearby areas:
(1)
(2)
No public address system shall be used for any fields
bordering residences in the 3700 block of Rice
Boulevard, except for events designed to open or
dose a sports season.
The speaker volume on the public address system at,
the Paul Wallin Field shall be controlled to minimize
the noise level and intenerence with surrounding
residential areas.
Lights for Fields 1, 2 and 3 shall be turned off
manually or by timer on or before 10:00 PM.
Lights for Fields 4A and 4B shall be turned off
manually or by timer on or .before 9; 15 PM.
Only portable bleachers win be used at Fields 1,2,3,
4A and 4B.
(3)
(4)
(5)
-----------------------~-----------.------------------------------------------
Exhibit A: CHAPTER 16 (1.20-95)
Page A.4
JHN-~~-'~~ l~:~( lU:
It:.L NU:?1388014l?
1<0b~ f-'~b
(6) During baseball and softball season, the dirt areas of
the infields shall be lightly watered before and after
games to minimize and control dust from the playing
fields.
(7) (Applicable to full-season permits). The permittee
will maintain the field inigation system in good
working condition and will keep city officials and
the delegate of the 3700 block of Rice Boulevard
informed about who should be contacted to report
leaks in the system.
(8) Except for normal and usual replacement, repair and
maintenance of existing facilities, no additional
sports. related facilities will be added without prior
approval ofIDSD and the City Manager and notice
to the delegate of the 3700 block of Rice Boulevard.
(9) School activities are first priority; when notified by
school officials of the need for field space for school
activities after school hours, practices and games
shall be rescheduled.
(10) To the extent possible, users of the facility must
respect the privacy of the residents of the 3700
block of Rice Boulevard during practices and games.
(11) (Applicable to full-season permits). The permittee
must post rules regarding lights at each light switch
location.
(12) The permittee must deliver a copy of these
regulations to each baseball manager, softbaU
manager and soccer coach at the beginning of each
season.
(13) Each permittee shall monitor its players and other
attendees during all times of use and restrict them to
the mSD Licensed Area.
Subchapter D. Tennis Courts
See. 16.401. Regulations.
The following regulations apply to all City tennis courts, and it
shall be unlawful for any person to violate any of these regulations:
(1) Courts may be used only for tennis play. unless
------------------------------------------------------------------------------
Exhibit A: CHAPTER 16 (1-20-95)
Page A-5
JHN-,:::\j-' ':;j::J 1::J: C::( 1 Li:
I tL NU: '(l.)t:lt:ll:H<H (
t:l\:::Jb\:::J t"'\Q(
authorized by the responsible official under Chapter
18
(2) No person may wear leather shoes or any other
footwear likely to damage the surface of the courts.
(3) No person may use a teMis court longer than the
applicable time limit posted at the court.
Sec. 16.402, Additional Regulations.
The Parks & Recreation Director may impose additional
regulations on the use of tennis courts, including procedures for
reservation of courts. A violation of such regulations is not an
offense under this Code, but continued use or occupancy of the
facilities in violation of the regulations is forbidden (and may be
punishable as a trespass).
Sec. 16.403. Police patrol.
City police are authorized to check City tennis courts to enforce
compliance with this Chapter.
Subchapter E. Parks Fund
See. 16.501. Fund established.
(a) &tablishment; Purposes. The parks fund of the City is
hereby established. The parks fund is subject to all restrictions on
public funds and other funds of the City. including the requirement
fOf annual budgeting. However, money in the parks fund may only
be budgeted and spent for the following purposes:
( 1 ) purchasing, leasing or other acquisition of parks~
(2) e-.quipping, rt.<'.onstmc:tine. repairing, maintaining and
operating parks;
(3) matters necessary or incidental to the above
(b) Gifts. Acknowledgments. Deposits may be made into the
parks fund by gift or other transfer. The Director of Finance is
authorized to accept such deposits on behalf of the City and to
issue acknowledgments in the name of the City.
(c)"Check-Off" Authorjzed. The Director of Finance shall
establish a "check of' program for City utility bills whereby
ratepayers may ma.Jce gifts to the parks fund at the same time that
Exhibit A: CHAPTER 16 (1-20-95)
Page A-6
JHN-~~-'~~ 1~:2~ IV:
It.L NO:71388014l?
lieb~ 1-'\:)8
they pay their utility bills.
(I) Each utility bill shall show the total amount due for
other fees and charges. Beneath this total amount
there shall be printed "Gift to Parks Fund of the City
under Chapter 16 of the Code of Ordinances ($1.00
or more)" followed by a blank where the amount of
the gift can be inserted. Beneath this blank there
may be a blank for the total amount paid. including
the gift.
(2) Partial payments and overpayments of utility bills
shall be credited as indicated by the customer. If
there is no indication, partial payments and
over-payments shall be credited to other fees and
charges, not to the parks fund.
Sec. 16.502. Investment and accounting.
(a) Investment. The parks fund shall be invested and rein-
vested, and the interest earnings on the parks fund shall remain on
deposit in the parks fund. The parks fund may be commingled with
other funds, provided that records are maintained to establish the
amounts belonging to the parks fund.
(b) Accounting For Deposits. All expenditures from the parks
fund shall be charged to the oldest deposits then on hand under the
"first in first out" principle of accounting.
Set. 16.503. Enforcement.
Any person who makes a gift to the parks fund which has been
accepted on behalf of the City but not yet been expended shall have
standing to enforce the provisions of this subchapter. However,
neither the parks fund nor any other funds of the City shall ever be
held liable for payment of money judgments, costs of attorneys' fees
or other costs of litigation, and the sole remedy available shall be to
enjoin any proposed expenditure that does not comply with this
Subchapter.
Subchapter F. Specific Parks
See. 16.601. Milton Street Park.
The propeny described as follows is dedicated as a public park:
Exhibit A: CHAPTER 16 (1-20-95)
Page A-7
IL-i.- 1'1\.,,1- I J...JoouJ"........ I
t-tUOltJ rtJ:7
Lots S, 6, 7, 8, and 9 of Block 17 of the Col1egeview Third
Addition, City of West University Place, Harris County, Texas
(being located at the southwest corner of the intersection ofMiIton
and College Streets), but excluding any existing streets, easements
or rights of way.
Bcod:\chap 16
--~--.-~--------------~--._---------------------------------------------------
Exhibit A: CHAPTER 16 (1-20-95)
Page A-8