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(a) Except as provided in Subsection (b), all public parks and park amenities are closed to the public each day from 11:00 p.m. until 5:00 a.m.
(b) Park amenities for which the park board has established and posted the hours of operation under Section 32-9 of this chapter are closed to the public at any time other than the established and posted hours of operation.
(c) A person commits an offense if he is on the premises of a public park or park amenity during hours in which the park or park amenity is closed.
(d) It is a defense to prosecution under Subsection (c) that the person was:
(1) driving a vehicle on an interior park roadway that provides direct access to the person’s residence;
(2) attending a special event, activity, or program that was being conducted in a public park or park amenity during hours of closure with written permission of the park board, the director of park and recreation, or a designated representative; or
(3) entering or leaving, or engaged in legal boating on or fishing from the bank or water surface of, any of the following:
(A) Lake Ray Hubbard;
(B) Mountain Creek Lake;
(C) White Rock Lake;
(D) Lemmon Lake;
(E) Blue Lake;
(F) a body of water located within the Trinity River Greenbelt;
(G) that part of Joe Pool Lake within the city’s jurisdiction; or
(H) Bachman Lake.
(e) For the purpose of this section:
(1) PARK AMENITY means any building, structure, facility, athletic area, or other improvement that is located within a public park.
(2) PUBLIC PARK means land owned or managed by the city, whether located inside or outside the city limits, that is planned, developed, or used for active or passive recreational use by the public. “Public park” includes an interior park roadway, other than a dedicated street, and excludes any sidewalk adjacent to the outside perimeter of a park. (Ord. Nos. 20680; 20964; 22073; 22404; 22851; 27993)
(a) A person commits an offense if the person sells, distributes, or offers for sale any services or goods, including but not limited to food, drinks, confections, or merchandise, in a city park or another area under the control of the park and recreation board.
(b) It is a defense to prosecution under Subsection (a) of this section that the person:
(1) was selling, distributing, or offering for sale the services or goods by authority of a written contract or permit with the city, through the park and recreation department, to operate a concession in that area;
(2) was selling, distributing, or offering for sale the services or goods in connection with the transaction of official government business;
(3) was selling, distributing, or offering for sale only an item or items containing primarily noncommercial speech, including but not limited to newspapers, books, magazines, audio and video compact discs (CDs), or digital versatile discs (DVDs), and the selling, distributing, or offering for sale was not being conducted:
(A) from a machine;
(B) at a time when the area was closed to the public;
(C) in an area used for storage;
(D) in an area under the control or management of another person or private entity pursuant to a written agreement with the city;
(E) inside any building, including but not limited to a recreational center;
(F) in a parking lot that serves a city park or another area under the control of the park and recreation board; or
(G) in a way that obstructed a public street or sidewalk;
(4) was selling, distributing, or offering for sale only periodicals from a coin-operated machine by authority of a license to operate the machine in that area, unless such sale, distribution, or offering for sale was prohibited in the area by another city ordinance or a city contract;
(5) was selling or offering for sale the services of a vehicle for hire that was being operated by that person;
(6) did not receive remuneration from the person being given the services or goods; did not use any type of vehicle or stand, any part of which touched the ground, when distributing the services or goods; and did not interfere with traffic flow on a public street or sidewalk when distributing the services or goods; or
(7) was selling, distributing, offering for sale, or delivering the services or goods to a person qualifying for any defense described in Paragraphs (1) through (6) of this subsection.
(c) In addition to any enforcement action by a peace officer or the director of the park and recreation department, or an authorized representative, for a violation of this section, any person who is a victim of an act prohibited under this section, or who witnesses a violation of this section, may file a complaint with the city attorney. Evidence to support a conviction for a violation of this section may include, but is not limited to, testimony of witnesses, videotape evidence of the violation, and other admissible evidence.
(d) This section does not apply to the occasional sale of lemonade or other nonalcoholic beverages from a stand in a public park by an individual younger than 18 years of age. (Ord. Nos. 8019; 28241; 31375)
The park board shall adopt such rules and regulations as it deems best for the management of the public parks and where such rules have been adopted for a specific park area and posted within the specific park so regulated, any person found guilty of violating such rules is guilty of an offense. (Ord. Nos. 8019; 19963)
Public shooting ranges may be constructed and operated in parks owned by the city in accordance with the following provisions:
(a) Such public shooting ranges shall at all times be subject to the control of the park board and shall be in accordance with the rules and regulations adopted and promulgated by the park board.
(b) It shall be unlawful for any person to have in his possession or to consume or be under the influence of any intoxicating beverage while on any such public shooting range.
(c) It shall be unlawful for any person to shoot any type of weapon named in Section 31-11 on such a public shooting range, unless such range is open for the purpose of shooting and under the immediate supervision of qualified personnel present on such range.
(d) In event any such public shooting range is leased to a private operator, such lease agreement shall contain a provision whereby the concessionaire shall agree to save and hold the city and its park board whole and harmless from any and all claims of every character whatsoever that may be made against it by reason of the maintenance and operations of such concession, and such concessionaire shall at the time of the execution of this contract, furnish a public liability or indemnity policy of insurance for the benefit of the city and its park board and concessionaire herein jointly, and the certificate of his public liability insurance, with insurance coverage, shall not be less than $250,000 per person, $500,000 per accident and $50,000 property damage, and the certificate shall include the city and the park board among the insured. (Ord. 10921)
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