ORD 786 12/12/2006 ORDINANCE NO. 7 8 6
PARKS AND RECREATION
REPEALING ORDINANCE NUMBERS 236 AND 449 AND 483 AND 581 AND 637,
WHICH CREATED AND AMENDED THE PARKS AND RECREATION COMMISSION
AND ESTABLISHED REGULATIONS FOR THE CITY PARKS.
ARTICLE I: CREATION OF PARKS AND RECREATION COMMISSION
SECTION 1.1. Creation; composition; appointment of members.
There is hereby created a City Parks and Recreation Commission for the City of Cibolo,to be
composed of SEVEN(7) members appointed by the City Council of the City of Cibolo.
SECTION 1.2. Purpose.
The purpose of the Parks and Recreation Commission shall be to encourage, foster, facilitate,
establish, operate, and maintain a systemized program of parks,recreation, and playgrounds,to
be made available to residents and visitors of the City. The Commission shall advise City
Council on matters pertaining to parks and recreation facilities including neighborhood and
regional parks, and greenbelts after receiving public input. The Commission shall advise City
Council on matters pertaining to recreational programs and facilities including youth,teen, adult
and senior activities, arts and cultural programs, and other community facilities.
SECTION 1.3. Qualifications and terms of members.
The members of the Parks and Recreation Commission shall be residents of the City of Cibolo or
its extra-territorial jurisdiction;be registered voters; and shall be appointed to serve for terms of
four(4)years. The term of office shall begin on October 1, of the year of appointment, except
for the filling of vacancies and unexpired terms. All vacancies shall be filled by appointment of _
a majority vote of City Council and such appointments shall be for the remainder of the
unexpired term.
The Commission shall be appointed on a `place' system,with each place being numbered 1-7.
The terms shall be staggered as follows:
Places 1-2 initial term ending 2008
Places 3-4 initial term ending 2009
Places 5-6 initial term ending 2010
Place 7 initial term ending 2011.
Members may be re-appointed for one term but shall not serve more than two (2) complete
successive terms.
SECTION 1.4. Members to serve without compensation.
Members of the Parks and Recreation Commission shall serve without compensation.
SECTION 1.5. Organization;meetings; officers.
The members of the Parks and Reci.ation Commission shall organize and select their officers
and shall hold regular meetings monthly(12), and shall designate the time and place of such
meeting.
The preferred meeting place shall be at the City Hall or one of the City Parks.
Officers shall hold office for one (1) calendar year and may be re-elected except at the end of
their place term. All officer terms run from October 1 to September 30. Elections shall be held at
the regularly scheduled monthly meeting each September.
The following describes Officers and their duties:
Chairman:
(1) Shall preside over all Commission meetings.
(2) Shall represent the.. Commission to a:City Council.
(3) Shall represent the Commission at dedication and official functions.
(4) Shall work with the City Manager and staff to prepare a regular agenda.
(5) Shall appoint committees and chairs of committees as necessary.
(6) Shall perform other duties customary to the office
The Chairman may only vote on matters that result in a tie before the Commission and may not
originate any motion.
Vice-Chairman:
(1) Shall preside in the absence of the Chairman.
Secretary:
(1) Shall keep an accurate account and record of all meetings,both regularly scheduled
and special and insure that a copy of the signed minutes are given to the City Secretary.
The Commission may appoint several of its members,but less than a quorum,to serve as a
committee. On certain occasions, such as when a particular kind of expertise or public
representation is desirable,the commission may appoint non-members to a committee.
Committees make recommendations directly to the Commission. A committee may not
represent the Commission before City Council or other bodies unless it has first received the
authorization of the Commission to do so.
SECTION 1.6. Quorum.
A majority of the Parks and Recreation Commission members, four(4), shall constitute a
Quorum for the transaction of business,whether or not there are vacancies on the Commission.
A meeting may be canceled for lack of a quorum after a 15-minute period has elapsed from the
scheduled time of the start of the meeting. A meeting may also be canceled in advance, if
absence notifications received by the City Secretary provide for lack of a quorum. Cancellation
may be declared by any Commission Member or the City Secretary.
SECTION 1.7. Rules and procedures; record of proceedings.
The Parks and Recreation Commission shall adopt its own rules and procedures and keep a
record of its proceedings.
SECTION 1.8. Attendance.
Members must attend at least fifty(50%)percent of all regular meetings during each six(6)
months of their tenure. The six(6)month periods shall be from October 1 through March 31,
and from April 1 through September 30 of each year.
Failure to comply with attendance requirements without explanation acceptable to a majority of
the remaining Commission Members shall be considered as an automatic resignation from the
board. In the event of such automatic resignation,the Chairman shall immediately notify City
Council who shall then take immediate steps to fill the vacancy.
SECTION 1.9. General Powers and duties.
The Parks and Recreation Commission shall have the following powers and duties:
(1) Act in an advisory capacity in all matters pertaining to public parks and recreation.
(2) Consider the annual budget of the parks and recreation program and make
recommendations with respect thereto to the City Manager and City Council.
(3) Assist in the planning of parks and recreation programs,promote and stimulate
public interest therein and, solicit to the fullest possible extent the cooperation of the
school authorities and other public and private agencies.
(4) Act on special requests for special use of any of the public parks or playground
facilities.
(5) It shall be the duty of the Parks and Recreation Commission to supervise and
administer the park and playgrounds under the supervision and direction, and subject to
the approval of,the City Council.
(6) Assist in the development of the Parks and Recreation Programs and the supporting
organizations.
(7) Ensure the planning and administration of Cibolo Fest—the city sponsored annual
festival.
(8) New members of the Commission shall receive,upon appointment, at a minimum:
(a) Current City budget.
(b) Parks and Recreation Policy.
(c) Master Plan for Parks and Recreations
(d) Parks and Recreation Capital Improvements Plan(CIP)
(e) This ordinance
(f) Texas Open Meetings ordinance
SECTION 1.10. Expenditures and obligations.
Whenever it is deemed necessary by the Parks and Recreation Commission to incur any expenses
in performing the duties assigned to it, an estimate of such proposed expenses shall be submitted
to the City Manager. No debts of any kind or character shall be made or incurred by the
Commission or any one acting for it,unless such expenditures have been specifically authorized
by the City Manager prior to the time such obligations are incurred.
SECTION 1.11. Notification of actions.
The Chairman of the Commission shall notify the City Council liaison; appointed by the City
Council to act as a liaison between the Commission and City Council; in writing of all action
taken at regular and special meetings. This notification should be completed within five days of
the actions taken by the Commission.
The Chairman may deliver all correspondence to the City Secretary at City Hall and this will
serve as notification to satisfy the requirements of this Section.
ARTICLE II. GENERAL.
SECTION 2.1. Hours established.
It shall be unlawful and a violation of this section for any person to enter into or upon or remain
in the Niemietz City Park between the hours of 11:00 P.M. and sunrise or Rich Park between the
hours of 7:00 PM and sunrise in the months of September through April and the hours of 9:00
PM and sunrise during May through August. However,the provisions of the section do not
apply while any person is attending an authorized and scheduled event held by the City of Cibolo
or its duly constituted agents,representatives, or licensee. The Parks may be closed to the public
at other hours, and under no circumstances will anyone be permitted to enter the park after gates
have been locked.
SECTION 2.2. Permits
(a)Permits shall be required for the exclusive or special use of park grounds,trails or
facilities or for the use of park grounds or facilities when they are otherwise closed to the
public.
(b) Permits shall be required for any use which has or which can reasonably be expected
to have fifty(50) or more persons involved.
(c)Permits are issued by the City.
(d)Permits are non-transferable.
(e)The Permittee or a Permittee's designated representative shall be in attendance of the
Permitted event at all times and have physical possession of the permit.
(f)A Permittee shall be bound by this ordinance and any regulations in force as though
the same were inserted in the Permit.
(g) It shall be unlawful for a person to violate any provision of a Permit.
(h)Any Permit granted pursuant to this ordinance may be revoked for a violation of any
provision of the permit, State Statute, any County ordinance, or rule or regulation of the
City of Cibolo.
(i)It shall be unlawful for any person to refuse to vacate an area reserved by Permit.
SECTION 2.3. Fees and Damages
(a). The Commission shall recommend fees for the use of designated areas or facilities
and activities within the City Park System to the City Council for adoption.
(b).Unless payment is waived by the Commission, it shall be unlawful for any person to
use an area or facility or engage in an activity for which a fee has been established by the
Commission without payment of such fee.
(c). The Parks Department may assess damages to a person or persons responsible for any
loss, damage or injury sustained by the City Park System.
ARTICLE III. REGULATION OF GENERAL CONDUCT
SECTION 3.1. Drug and Alcohol Use
It shall be unlawful,when in a City Park, for any person to serve,possess, consume, sell, barter,
furnish, give,purchase or attempt to purchase any alcoholic beverage in violation of State
Statutes;
SECTION 3.2. Littering
It shall be unlawful for any person to:
(1). Deposit, scatter, drop, or abandon in a City Park any bottles, cans, glass or broken
glass, sewage, waste,refuse or other materials, except in receptacles provided for such
purposes; or
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(2). Bring into a City Park any hazardous waste, yard waste, solid or liquid waste for the
purpose of disposal in receptacles provided in the City Park or on any City Park Property.
SECTION 3.3. Interference with Employee Performance of Duty
It shall be unlawful for any person to impersonate a park employee or to interfere with,harass, ur
hinder any employee in the discharge of his/her duties.
ARTICLE IV-REGULATIONS PERTAINING TO GENERAL PARKLAND
OPERATION
SECTION 4.1. Commercial Use/Solicitation/Advertising/Photography
It shall be unlawful for any person to:
(1). Use any City Park or park property for commercial purposes without a permit;
(2). Solicit, sell or otherwise peddle any goods,wares, merchandise, services, liquids or
edibles in a City Park except by authorized concession or written permission from the
Commission or City Council; or
(3). Expose, distribute or place any sign, advertisement,notice,poster, or display in a
City Park without permission from the Commission or City Council.
SECTION 4.2. Noise/Amplification of Sound
It shall be unlawful,when in a City Park, for any person to use, operate or permit the use or
operation of any device for the production or reproduction of sound in such a manner as to be
disturbing or a nuisance to reasonable persons of normal sensitivity within the area of audibility.
The standards which shall be considered in determining whether a violation of the provisions of
this section exists shall include,but not be limited to,the following:
(1) level of noise;
(2)the intensity of the noise;
(3)whether the nature of the noise is usual or unusual;
(4)the level and intensity of the background noise, if any;
(5)the type of area within which the noise emanates;
(6)the intensity of human use of the area during the time at which the noise emanates;
(7)the time of the day or night the noise occurs;
(8)the duration of the noise; and
(9) interpretation of these criteria by assigned staff of the Parks Department or City
Police.
SECTION 4.3. Fires
It shall be unlawful,when in a City Park, for any person to:
(1). Start a fire, except a recreational fire or a fire for culinary purposes within
containment structures (fire rings, grills,portables stoves) in designated areas;
(2). Leave a fire unattended or fail to fully extinguish a fire;
(3). Drop,throw or otherwise leave unattended lighted matches,burning tobacco
products, or other burning or combustible material; or
(4). Dispose of ashes or embers except in containers designated for that purpose.
SECTION 4.4. Aviation
It shall be unlawful for any person to use a City Park as a starting or landing field for aircraft,hot
air balloons,parachutes, hang gliders or other flying apparatus.
SECTION 4.5. Engine-powered Models and Toys
It shall be unlawful for any person to start, fly or use any fuel- or battery-powered model aircraft,
model boat,model car, or rocket or like powered toy or model within a City Park, except in those
areas or waters designated by the Parks Department for such use.
SECTION 4.6. Commercial Amusement Contraptions
It shall be unlawful for any person to bring in, set up, construct,manage or operate any
amusement or entertainment contraption, device or gadget for commercial purposes in a City
Park without a permit.
SECTION 4.7. Animals in Parks
It shall be unlawful for any person owning,having control or custody of any animal, excluding
animals certified to and assisting persons with disabilities,to:
(1). Bring animals into a City Park without it being caged or on a leash no more than six
feet in length;
(2). Allow an animal to disturb,harass, or interfere with any park visitor,park visitor's
property,park employee,park employee's property,the employees or property of a
contractor of the City, or to endanger the safety of park visitors,park employees, or
employees of a contractor of the City;
(3). Allow an animal to damage park property, resources, or facilities;
(4). Tether an animal to a tree,plant,building or park equipment, or leave an animal
unattended in a City Park;
(5). Fail to properly remove and dispose of any animal feces created by an animal under
an individual's control or ownership;
(6). Lead or control a pet while on in-line skates, skateboard, skis,bicycle or any other
means except while on foot; or
(7). Operate a cart,wagon, dog sled, or any other equipment pulled by a pet or other
animal in a City Park,unless as a participant in a permitted special event.
ARTICLE V. PROTECTION OF PROPERTY, STRUCTURES, & NATURAL
RESOURCES
SECTION 5.1. Disturbance of Natural Resources
It shall be unlawful,when in a City Park, for any person to:
(1). Dig trenches,holes, or other excavations;
(2). Allow an animal in a person's possession, control or ownership to act in violation of
1, above;
(3). Divert, impound or alter a watercourse; or
(4). Introduce,release, abandon or dispose of any plant or animal.
SECTION 5.2. Disturbance of Wildlife
It shall be unlawful,when in a City Park, for any person to:
(1). Kill,trap,hunt(with firearms, dogs,bow and arrow, or other device), injure,pursue,
feed or in any manner disturb or cause to be disturbed, any species of wildlife, except
fishing in designated areas pursuant to the State game laws, and except wounded or
escaped animals from outside the City Park which may be captured or otherwise
dispatched on park property when lawful and necessary.
(2). Intentionally remove, alter, injure, or destroy habitat used by any species, including
but not limited to nests, dams, or burrows; or
(3). Allow an animal to act in violation of 1 or 2 above.
SECTION 5.3. Release of Harmful or Foreign Substances
It shall be unlawful for any person to:
(1). Place any debris,pollutant or other agent in or upon any City Park lands or body of
water in or adjacent to a City Park, or any tributary, stream, storm sewer, or drain flowing
into such waters; or
(2). Discharge wastewater or any other wastes in a City Park, except into designated
containers, drain or dumping stations.
ARTICLE VI. REGULATION OF RECREATION ACTIVITY
SECTION 6.1. Camping
It shall be unlawful,when in a City Park, for any person to:
(1). Camp except in areas provided and designated for that purpose;
(2). Camp in a designated camping area without a camping permit;
(3). Camp overnight in a park if under 18 years of age unless accompanied by a parent or
authorized adult.
SECTION 6.2. Picnicking
It shall be unlawful,when in a City Park, for any person to:
(1). Assume exclusive use of a reservation picnic site without a reservation permit;
(2). Use a portion of a reservation picnic area without a reservation permit if the area is
reserved by another group; or
(3). Set up temporary shelters,tents,tarps, canopies and other such devices without
authorization by permit.
SECTION 6.3. Bathing and Swimming
It shall be unlawful,when in a City Park, for any person to bathe, swim, or wade in any waters of
the City or State unless designated a swimming area.
SECTION 6.4. Fishing
It shall be unlawful, when in a City Park,for any person to:
(1). Fish in violation of Texas Statutes;
(2). Fish in an area designated as a "no fishing" area; or
(3). Clean fish without disposing of the fish carcass in a waste receptacle.
SECTION 6.5. Riding animals in the park.
It shall be unlawful,when in a City Park, for any person to ride an animal, including but not
limited to, a horse,mule, llama, or cow within the boundaries of the park unless in conjunction
with an event approved by the City of Cibolo or the Parks Commission.
SECTION 6.6. Bicycling
It shall be unlawful,when in a City Park, for any person to:
(1). Operate a bicycle except on designated bikeways, roadways, or trails, and except as
close to the right hand side thereof as conditions will permit;
(2). Park a bicycle except at a bicycle rack when such a rack is provided, and in instances
where bicycle racks are not provided bicycles are to be parked where they will not create
hazards to the activities of other park visitors, or disturb park activities.
SECTION 6.7. Roller-skating/In-line Skating/Skateboarding
It shall be unlawful,when in a City Park, for any person to operate skates or a skateboard except
on designated bikeways,roadways, or trails.
SECTION 6.8. Leagues.
All leagues requesting use of City Park Facilities on a recurring basis,must present their request
to the Parks and Recreation Commission for recommendation for final approval to the City
Council.
ARTICLE VII REGULATION OF MOTORIZED VEHICLES, TRAFFIC,AND
PARKING
SECTION 7.1. Vehicle Operation
It shall be unlawful, when in a City Park, for any person to operate,park, or leave any vehicle
except upon roadways,parking areas, or other designated locations;
SECTION 7.2. Parking Vehicles
It shall be unlawful,when in a City Park, for any person to:
(1). Park or leave a vehicle standing except in a designated area and then only in a
manner so as not to restrict normal traffic flow;
(2). Park or leave a vehicle standing after posted closing hours without a valid camping
permit;
SECTION 7.3. Maintenance of Motorized Vehicles
It shall be unlawful for any person to wash, grease, change oil or perform other maintenance on
any motorized vehicle in a City Park.
ARTICLE VIII ENFORCEMENT
SECTION 8.1. Park Patrol Authority/Authorized Agents
(1). Designated Park employees may enforce the provisions of this ordinance and eject
from the City Parks persons acting in violation of this ordinance.
(2). Law enforcement authorities where City Park property is situated shall have
jurisdiction to patrol and enforce the Cibolo City Park Ordinance on City Park property.
They also.shalLhave jurisdictionto enforce any violation of state law or local laws which
shall occur on City Park property.
SECTION 8.2. Additional Rules and Regulations
The Commission shall have the right to issue rules and regulations relative to this ordinance.No
person shall violate rules and regulations that may be established by the Commission.
SECTION 8.3. Fines and Penalties
Any person who violates any provision of this Ordinance shall,upon conviction thereof,be fined
not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500.00)per
offense or per day for any continuing violation.
SECTION 8.4. Permit Revocation
(1) If any person shall be found guilty in a court of competent jurisdiction of the violation
of any provision of this ordinance the conviction shall operate as a revocation of any
permit granted by the City Parks Department without further action.
(2) The Commission or designee shall have the authority to immediately revoke any
permit or reservation issued by the City Parks Department for any alleged violation of
this ordinance.
ARTICLE IX MISCELLANEOUS
SECTION 9.1. Exemptions
All city employees and members of city governmental bodies, contractors, emergency and
enforcement personnel while acting in the performance of their assigned duties are exempt from
the provisions of this ordinance.
SECTION 9.2. Severability.
The provisions of this ordinance are severable and provisions or sections which may hereinafter be
declared to be illegal or unconstitutional shall be declared repealed and the remainder shall not be
affected thereby.
SECTION 9.3.Repeal of Conflicting Ordinances.
Any ordinances or parts of any ordinances heretofore enacted in conflict with this ordinance are
hereby repealed.
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PASSED AND APPROVED THIS DAY OF. 1D-c e^^"ef'";
dao
M. or
City Secretary