ORD 972 05/10/2011 Of Ci
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ORDINANCE NO. 972
AN ORDINANCE AMENDING CHAPTER 54, ARTICLE III, REGULATIONS
PERTAINING TO GENERAL PARKLAND OPERATION TO ESTABLISH
AUTHORITY OF CITY MANAGER OR DESIGNEE FOR THE CITY PARKS;
PROVIDING FOR SEVERABILITY; AND REPEALING ALL OTHER ORDINANCES
IN CONFLICT HEREWITH.
WHEREAS, the City of Cibolo is a home rule municipality given broad discretionary powers
under the Texas Constitution to regulate for the public health, safety and general welfare of its
citizens; and
WHEREAS, the City Council of the City of Cibolo finds that parks and recreational areas are a
vital and integral part of a municipalities health and general welfare; and
WHEREAS, the City Council of the City of Cibolo finds that providing its citizens parks and
recreational areas serves a legitimate public goal; and
WHEREAS, the City Council of the City of Cibolo has previously adopted a Parks, Recreation
regulating the use of its Parks; and
WHEREAS, said regulations are in need of updating and amending; and
WHEREAS, City of Cibolo Parks City Staff has reviewed and recommended this proposed
ordinance; and
WHEREAS, the City Council of the City of Cibolo hereby finds and determines that certain
other procedural and administrative clarifications are necessary to be provided in the existing
regulations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS,THAT:
SECTION 1.
Amendment
The City of Cibolo Code of Ordinances, Chapter 54, Article III is hereby amended as follows:
Sec. 54-111.: Authority of City Manager or Designee.
The City Manager or Designee may adopt, revise or rescind rules, regulations, departmental
policies and procedures, create or alter recreational programs and take action regarding the day-
to-day management and operations of the parks, park buildings, and park facilities that do not
conflict with this article, council-adopted policies, or federal or state laws.
54.111.1. The City Manager or Designee may make the following rules or take the
following actions relating to the operation of the parks, park buildings, and park
facilities:
A. The closing of all or part of a park or park facility because of weather or
unsafe conditions that could endanger users or result in damage to the park,
park building or park facility;
B. The reservation, scheduling, and use of parks, park facilities and park
buildings designed for or designated for specific uses;
C. Processing applications for special use permits;
D. Regulating the use of a park, park buildings and park facilities for public,
private and commercial purposes;
E. Any other rule or action reasonably necessary to manage and operate parks,
park buildings, and park facilities.
54.111.2. The City Manager or Designee may not adopt any rule or take any action that is
intended or has the effect of preventing any person from making use of a park,
park building, or park facility based on the subject matter of an oral or written
message or communication the person conveys or attempts to convey to the public
or another person if the message or communication is subject to constitutional
protection.
54.111.3. It is an offense for any person to violate any rule adopted by the City Manager or
Designee if the rule or notice thereof is prominently posted at the park, park
building, or park facility to which the rule applies.
54.111.4. Citizens may request a change or elimination of a park policy or rule by
submitting a request in writing to the Parks Commission. The Commission will
review the request and make a recommendation to the City Council for review
and implementation.
54.111.5 City exclusive control of park facilities:
The city allows various groups to make use of park facilities for organized athletic
events, including the city's scheduling or reservation of the facilities for those
groups based on rules and regulations adopted and administered by the city. The
city's authorization to an organization to use a park facility for a particular
purpose at a specific time does not grant the organization any right to regulate or
control the use of that facility. It is unlawful for any person, organization, or
group, other than the city, to:
A. Charge any other person a fee for the use of a park facility unless:
(1) The activity or event is scheduled through the city; and
(2) The fee is authorized by the city;
B. Take any direct action to physically prevent or prohibit any other person from
using a park facility.
SECTION 2.
Severability
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to
be invalid, such decision shill not affect the validity of the remaining portions of this ordinance;
and
SECTION 3.
Repeal
All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are
hereby repealed insofar as the same is in conflict with the provisions hereof; and
SECTION 4.
Effective Date
This Ordinance shall be effective upon passage and publication pursuant to state law and the City
Charter.
PASSED AND APPROVED ON this the %D day of May, 2011
nnife man, Mayor
Attest:
Peggy Cimics, City Secretary