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HomeMy WebLinkAbout87-2729' 335 ORDINANCE NO. 87-2729 AN ORDINANCE AMENDING CHAPTER 18, PARKS AND RECREATION, OF THE CODE OF THE CITY OF PLAINVIEW PROHIBITING CERTAIN ACTIVITIES WITHIN THE PARKS; PROVIDING FOR EXCEPTIONS APPLICATION AND APPEAL THEREFROM; PROVIDING FOR A PENALTY AND A SEVERABILITY PROVISION. WHEREAS, the City Council of the City of Plainview, Texas has found certain activities within city parks to be dangerous to both life and/or property and not in the best interests of the citizens of Plainview; and WHEREAS, the City Council has a duty to maintain and regulate the parks in the safest manner reasonably possible. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview: That Chapter 18, of the Code of the City of Plainview, be amended as follows: SECTION 1: UNLAWFUL ACTIVITIES WITHIN PARKS. It shall be unlawful for any person within a public park or playground to commit or do any of the following acts: (1) To play at any game of baseball, softball, football, golf, archery or other games of like character in any park or playground except at the places set apart and designated as grounds therefore. (2) To place and/or operate any boat, raft or other watercraft capable of being occupied by one or more persons, whether motor-powered or not, in or on the water of any pool, lake or river in any park within the city except at the places set apart and designated therefore. (3) To swim, bathe or wade in any waters, pool, lake or river in any park within the city except at the places set apart and designated as grounds therefore. (4) To fish in any water, pool, lake or river in any park within the city except at the places set apart and designated therefore and in compliance with the rules and regulations established therefore. 1 of 3 336 (5) To ride, drive or propel any bicycle, motorbike or motorscooter over or through any park within the city except along or upon park drives, parkways or park boulevards or upon grounds set apart and designated as grounds therefore. (6) To fly any model airplane, either by attached or remote control, in any park or playground within the city except at the places set apart and designated as grounds therefore. SECTION 2: EXCEPTIONS. The Park Superintendent may grant exceptions to allow any of the activities prohibited in Section 1 upon written request. Said request shall include the specific activity planned, the date and duration of the activity, and the park at which the activity is planned. The Park Superintendent shall have the right to request further information and the applicant shall produce such. The Park Superintendent shall have the right to impose reasonable restrictions and duties upon the applicant's request. The Park Superintendent shall grant or deny the request in writing within 3 (three) working days from the date he/she receives such request. SECTION 3: APPEAL FROM PARK SUPERINTENDENT'S DECISION. (a) If the application for an exception under Section 1 is denied, or granted with restrictions unacceptable to the applicant, applicant shall have the right to appeal such decision to the City Manager's Office. Said appeal must be made in writing within 2 (two) workings days from the date of the Park Superintendent's decision. If no appeal is made within the above time frame, the Park Superintendent's decision shall be final. (b) Upon proper receipt of an appeal, the City Manager, or his designate, may call a hearing and consider evidence offered by any interested person. The formal rules of evidence do not apply at the hearing; the City Manager shall make his decision based upon the preponderance of the evidence presented at such hearing, if a hearing is held. If a hearing is not called, the City Manager or his designate, shall make a decision based upon the preponderance of evidence presented in. writing. In any event, the City Manager or his designate, shall issue a decision in writing within 3 (three) working days from the date the application for appeal was received. The decision shall be final and may affirm, deny, or modify the decision of the Park Superintendent. SECTION 4: PENALTY. Any person found to be guilty of violating the provisions of Section 1 of this ordinance shall be subject to the penalties as prescribed in Section 1-5 of this Code. 2 of 3 · 337 SECTION 5: SEVERABILITY. Should any section, paragraph, clause, sentence or work of this ordinance be declared unconstitutional or void, such decree shall not affect any of the remaining sections, paragraphs, clauses, sentences or words. PASSED and APPROVED on first reading this the 10th day of November, 1987. PASSED and APPROVED on second reading this the 24th day of November, 1987. E .~V. RIDLEHUBER, Mayor APPROVED AS TO CONTENT: CARL HOLLAND, Park Superintendent APPROVED AS TO FORM: DAVID BLACKBURN, Assistant City Attorney 3 of 3 338 PARK POLICY 09-01-87 25 November 1987 SUBJECT: DESIGNATED AREA FOR GOLF PRACTI'CE (TEb~PORARY) REFERENCE: CITY ORDINANCE 87-2729 dtd 24 Nov 1987 In accordance with the provisions of the referenced City Ordinance the following area is temporarly designated as the "Golf Practice Area". The area of open space parkland that is bounded on the East by Ennis Street and on the West By the frontage road of Interstate Highway 27' and on the North by the waterway of Running Water Draw and on the South by Kirchwood Drive. NO OTHER AREA OF PARKLAND WILL BE USED FOR THE PURPOSE OF HITTING GOLF BALLS. CARL W. HOLLAND SUPERINTENDENT PARK DEPARTI~NT