Sec. 81-65. Procedure.
Article I. In General
The fees and charges for use of public recreational facilities shall be set by resolution of the City Council.
For the purpose of this chapter, each of the following terms, phrases, words and its derivations shall have the meaning given in this section.
Board. The term "board" shall mean the Parks and Recreation Board of the city.
Central Business District. The term "central business district" shall mean the area designated as the Central Business District (also abbreviated "CB" in the city's Zoning Ordinance (Ordinance No. 96, as amended).
Director. The term "director" shall mean the Director of Parks and Recreation of the city or said director's designee.
Dog. The term "dog" shall mean any Canis familiaris, excluding wolf, jackal, fox, or other dangerous wild animal of this family or any hybrids of a dangerous wild animal.
Dog Owner. The term "dog owner" shall mean any person owning a dog(s) or who has possession or control or has the responsibility to control the dog(s).
Dog Park. The term "dog park" shall mean any public property designated by the city to allow dog owners to allow their dogs to run unrestrained.
Permit. The term "permit" shall mean written permission from the appropriate city officer or employee issued pursuant to the provisions of this Code and authorizing a person or organization to carry out the activity specified in the permit at the location (if any) specified in the permit.
Permitted Alcohol Event. The term "permitted alcohol event" shall mean an event for which written permission has been granted pursuant to Section 81-21 of this Code.
Public Recreational Facility. The term "public recreational facility" shall mean any area or structure owned or controlled by the city and used for public recreational purposes, including but not limited to any park, reservation, playground, recreational building, or other area used for active or passive recreation. The term shall not include public streets and shall not include city structures or building not used for recreational purposes. The term also does not include the Longview Public Library or any branches of the library, and the term does not include the Maude Cobb Convention and Activity Complex as that term is defined in section 25-1 of this Code.
All parks and recreation activities shall be administered under the direction of the director. The director is responsible for carrying out approved policies under the direction of the City Manager. The director shall provide staff support to the board.
Article II. Conduct in Public Recreational Facilities
No person in a public recreational facility shall:
(a) willfully mark, deface, disfigure, injure, tamper with or displace or remove any building, bridge, table, bench, fireplace, railing or paving or paving material, water line or other public utilities or parts or appurtenances therof, signs, notices, or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures, equipment, facilities, property, or appurtenances, either real or personal.
(b) erect any sign on or in any public recreational facility. Temporary signs are permitted on reserved facilities and areas, at permitted events, and at scheduled activities which uses have been previously approved by the director. The director may limit the location, size and materials for any temporary sign in order to prevent any damage to public recreational facilities or injury to persons using the public recreational facilities.
(c) fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.
(d) dig or remove any soil, rock, stones, trees, shrubs or plants or other wood or materials, or make any excavations by tool, equipment, blasting or other means or agency.
(e) damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant.
(f) dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of the area.
(g) enter onto a reserved facility or area, or a location where scheduled activities are occurring, during the period that the area or facility is reserved or during the scheduled activity and remain or return there after the person has been given notice to leave. Reserved facilities and areas, and scheduled activities, include but are not limited to: indoor and outdoor facilities, meeting rooms, gathering areas, camps, and classes, athletic fields and their support/adjacent areas and facilities.
(h) possess, use, or discard any glass containers or related trash upon or within any public recreational facility or any other property owned or controlled by the city, including, but not limited to any public parks, lakes, streams, sports facilities, including athletic fields and bleachers, or trails.
(i) make improvements on, in, or to any public recreational facility and/or install any plant material without the approval of the director.
Unless otherwise specifically set forth in state law as adopted, allegation and evidence of culpable mental state are not required for the proof of an offense defined by this section.
It is an affirmative defense to prosecution for an offense defined by this section that the alleged offense was both (1) committed by a city employee, city agent, or city contractor and (2) reasonably necessary for the performance of maintenance, construction, or repair duties that the city had authorized the employee, agent, or contractor to perform.
No person in a public recreational facility shall throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in or adjacent to any public recreational facility or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid which will or may result in the pollution of said water, or dump, deposit, or leave any bottles, broken glass, ashes, paper boxes, cans, dirt, rubbish, waste, garbage or refuse or any other trash in any waters or on the grounds of any public recreational facility.
Unless otherwise specifically set forth in state law as adopted, allegation and evidence of culpable mental state are not required for the proof of an offense defined by this section.
No person in a public recreational facility shall:
(a) fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to the equipment and operation of vehicles together with such regulations as are in this and other ordinances.
(b) fail to obey all traffic officers and public recreational facility employees, such persons hereby authorized and instructed to direct traffic whenever and wherever needed in the public recreational facilities and on the highways, streets or roads immediately adjacent thereto.
(c) fail to ovserve carefully all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for proper control and to safeguard life and property.
(d) operate or drive any vehicle at a speed in excess of 15 miles per hour, except upon such roads as the director may designate, by posted signs, for speedier travel.
(e) park a vehicle in other then an established or designated parking area and such use shall be in accordance with the posted directions thereon and with the instructions of any attendant who may be present.
(f) park a vehicle within a public recreational facility overnight.
(g) double park any vehicle on any road or parkway unless directed by a public recreational facility official or in any manner block any roadway within a public recreational facility.
(h) drive any motor vehicle on any area except the paved roads or parking areas.
(i) ride a bicycle on other than a paved vehicular road or path designated for that purpose and ride a bicycle other than on the right hand side of the road paving as close as conditions allow. A bicyclist shall at all times operate his mcahine with reasonable regard to the safety of others, signal all turns, pass to the right of any of any vehicle he is overtaking and pass to the right of any vehicle he may be meeting.
Unless otherwise specifically set forth in state law as adopted, allegation and evidence of culpable mental state are not required for the proof of an offense defined by this section.
No person in a public recreational facility shall:
(a) swim, bathe, or wade in any waters or waterways in or adjacent to any public recreational facility, except in such waters and at such places as are provided therefor, and in compliance with such regulations as are herein set forth or may be hereafter adopted.
(b) Frequent any waters or places designated for the purpose of swimming or bathing, or congregate thereon, except between such hours of the day as shall be designated by the director for such purposes for each individual area.
(c) allow himself to be covered with a bathing suit as to indecently expose his person.
(d) dress or undress in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for the purpose.
(e) bring into or operate any boat or other water craft, whether motor powered or not, upon any waters.
(f) ascend, descend, operate, or launch any aircraft, including but not limited to airplanes, unmannned aircraft system (drone), paraplanes, ultralights, helicopters, and gliders.
(g) fish in any waters, except in waters designated by the director for that use and under such regulations and restrictions as have been or may be proscribed by the director.
(h) hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description (save and except a handgun carried by a person licensed to carry a handgun), or any air rifles, spring guns, bows and arrows, slings or any other form of weapons potentially harmful to wildlife and dangerous to human safety.
(i) camp overnight in or upon any public recreational facility.
(j) ride, lead or drive a horse except on designated driveways, parking lots or bridle paths.
(k) use any type of sound amplification devices which include but are not limited to loudspeakers, amplifiers or microphones. A permit granted under this section must be consistent with the provisions of subsection 58-21(c) of this Code.
Unless otherwise specifically set forth in state law as adopted, allegation and evidence of culpable mental state are not required for the proof of an offense defined by this section.
It is an affirmative defense to prosecution for an offense defined by this section that the alleged offense was both (1) authorized by a permit issued by the director and (2) conducted in full compliance with all the conditions imposed on said permit by the director.
(Ord. No. 4108, § 2, 6-22-17)
The director may adopt additional rules, regulations, and policies governing the management and operation of public recreational facilities. A current copy of those rules and regulations shall be maintained on file in the administrative offices of the parks and recreation department. A violation of those rules is not a criminal offense and is not subject to section 81-22 of this article.
No person in a public recreational facility shall:
(a) discharge, set off or otherwise cause to explode or discharge or burn any firecreacker, torpedo, rocket or other fireworks or explosives of inflammable material.
(b) build or attempt to build a fire except in such areas and under such regulations as may be designated by the director.
(c) gamble or participate in or abet any game of chance.
Unless otherwise specifically set forth in state law as adopted, allegation and evidence of culpable mental state are not required for the proof of an offense defined by this section.
(a) Hours. Except for unusual and unforeseen emergencies, public recreational facilities shall be open to the public every day of the year during the hours of 6:00 am until 11:00 pm, unless different operating opening and closing hours for the individual public recreational facility shall be posted therein.
(b) Closed areas. Any section or part of any public recrational facility may be declared closed to the public by the director at any time for any interval of time, either temporarily or at regular and stated intervals.
(a) Officials. The director shall, in connection with the duties imposed on the director by law, diligently enforce the provisions of this article.
(b) Ejectment. The director shall have the authority to eject from the public recreational facility any person acting in violation of this article or in violation of any rules and regulations promulgated by the board. The board is also hereby authorized to exclude any person from a public recreational facility for violation of this article or of any of the rules and regulations promulgated by the board and to determine the length of time during which such person shall be excluded from such public recreational facility. No person shall come in or upon any public recreational facility from which the person has been excluded by the board in accordance with provisions of this section.
These rules shall apply to all users of the dog park:
(a) Dogs are the only animals allowed or permitted.
(b) Dogs must wear a tag evidencing current rabies vaccination.
(c) Dogs must remain on leash while entering and exiting.
(d) Dog owners must stay within the dog park and within view of their dogs.
(e) Dog owners are limited to two (2) dogs per person per visit.
(f) Dogs shall be under the voice control of the dog owner at all times.
(g) Choke, prong, pinch and spike collars are prohibited and must be removed before entering.
(h) Any dog exhibiting aggressive behavior as determined by a responding city official must be removed immediately. Any dog designated under the Health & Safety Code as a dangerous dog is prohibited from entering.
(i) Dog owners are liable for damage or injuries inflicted by their dogs and assume all risk related to dog park use.
(j) Dog owners must have a visible leash at all times.
(k) Dog owners are responsible for removal and disposal of feces of their dog.
(l) Any person under the age of 16 must be accompanied by an adult.
(m) Persons running, shouting, or chasing dogs is prohibited.
(n) Petting another person's dog is prohibited without the dog owner's permission.
(o) No puppies under the age of four (4) months are permitted.
(p) Dogs in heat are not permitted.
(q) Dogs are permitted in designated areas of the dog park based on weight. Dog owners are responsible for determining the appropriate designated area for their dog(s) based on posted weight criteria.
(r) No food to be consumed by humans is allowed.
(s) Any dog bite or scratch should be immediately reported to the city division responsible for animal control.
(a) A person commits an offense if the person possesses or consumes an alcoholic beverage in a public recreational facility.
(b) A person commits an offense if the person enters or remains in a public recreational facility while having any detectable amount of alcohol in the person's system.
(c) Unless otherwise specifically set forth in state law as adopted, allegation and evidence of culpable mental state are not required for the proof of an offense defined by this section.
(d) It is an affirmative defense to prosecution for an offense defined by this section that the alleged offense occurred as part of the alleged violator's participation in a permitted alcohol event.
(a) Written Permission. In addition to any other applicable requirements, any person holding an event at which any alcoholic beverage will be possessed or consumed in a public recreational facility must obtain written permission from the City Manager or the City Manager's designee to hold said event in the public recreational facility. The City Manager or the City Manager's designee may grant such permission only as provided by this section and shall grant such permission to any person who complies with the requirements of this section. A person commits an offense if the person conducts an event at which any alcoholic beverage is possessed or consumed in a public recreational facility without first obtaining written permission pursuant to this section.
(b) Permitted Alvohol Events Limited to Certain Public Recreational Facilities. An event at which any alcoholic beverage will be possessed or consumed in a public recreational facility may be held only at The Green, the Longview Arboretum and Nature Center, or a public recreational facility located in the central business district. A person commits an offense if the person conducts an event at which any alcoholic beverage is possessed or consumed in a public recreational facility and fails to comply with this subsection.
(c) Permitted Alcohol Events Limited to Certain Times. On Monday, Tuesday, Wednesday, Thursday, or Friday an event at which any alcoholic beverage will be possessed or consumed in public recreational facility may be held only between the hours of 5:00 PM and 11:00 PM. On Saturday and Sunday an event at which alcoholic beverage will be possessed or consumed in a public recreational facility may be held only between the hours of 6:00 AM and 11:00 PM. A person commits an offense if the person conducts an event at which any alcoholic beverage is possessed or consumed in a public recreational facility and fails to comply with this subsection. A person commits an offense if the person possesses or consumes an alcoholic beverage in a public recreational facility during any time other than the times allowed by this subsection.
(d) Procedures. The City Manager or the City Manager's designee shall establish such procedures as shall be reasonably necessary in order to carry out the provisions of this section, including without limitations procedures governing the application for written permission pursuant to this section.
(e) Security. The City Manager or the City Manager's designee shall establish written specifications for the types and amounts of security personnel and procedures to be required of persons applying for permission under this section, and these specifications shall be made available to the public upon request. Persons applying for such permission shall reimburse the city for the cost incurred by the city in providing the required security. The City Manager or the City Manager's designee shall determine said costs and these costs shall be made available to the public in writing upon request. A person commits an offense if the person conducts an event at which any alcoholic beverage is possessed or consumed in a public recreational facility and fails to comply with the specifications issued pursuant to this subsection.
(f) Insurance. The City Manager or the City Manager's designee shall establish written specifications for the types and amounts of general liability insurance to be required of persons applying for permission under this section, and these specifications shall be made available to the public upon request. Persons applying for such permission shall provide proof of general liability insurance in accordance with the specifications and procedures established by the City Manager and/or the City Manager's designee and shall maintain the required types and amounts of insurance throughout the duration of the entire permitted alcohol event. A person commits an offense if the person conducts an event at which any alcoholic beverage is possessed or consumed in a public recreational facility and fails to comply with the specifications issued pursuant to this subsection or fails to maintain insurance as required by this subsection.
(g) No Culpable Mental State Required. Unless otherwise specifically set forth in state law as adopted, allegation and evidence of culpable mental state are not required for the proof of an offense defined by this section.
A person commits an offense if the person violates any provision of this article. Any person violating any provision of this article shall be punished in accordance with the terms of section 1-4 of this Code.
Unless otherwise specifically set forth in state law as adopted, allegation and evidence of culpable mental state are not required for the proof of an offense defined by this section.
Article III.
Public Recreational Facility Naming Policy
The purpose of this article is to establish a formal policy and process for naming public recreational facilities. A sound policy can add meaning and significance that embody the value and heritage of this community.
The board shall be responsible for recommending to the Council the naming or renaming of all public recreational facilities, subject to the approval of the Council.
The following types of names shall be suitable for naming public recreational facilities:
(a) the geographic location of the public recreational facility;
(b) outstanding and/or prdominant physical features of the public recreational facility;
(c) predominant plant materials;
(d) streams, rivers, lakes and creeks;
(e) adjoining subdivision to which the public recreational facility is adjacent or in which the public recreational facility lies;
(f) an individual or group who contributed a minimum of 50% of land or monetary funding toward the acquisition and/or development of the individual public recreational facility;
(g) a commonly recognized historical event, group or individual;
(h) an individual who provided exceptional service in the interest of parks and recreation as a whole;
(i) outstanding community leaders, living or deceased;
(j) national and state historical leaders or heroes, both past and present; or
(k) outstanding environmentalists and parks and recreation notables.
For an individual (excluding historically significant individuals that fall into the categories outlined in subsections (g), (h), (j) or (k) of this section) to be considered, that person must have contributed significantly to the acquisition or development of the public recreational facility being named after that individual. The recommended name must be accompanied by a biographical sketch which shall provide evidence of contributions to the publc recreational facility.
No public recreational facility shall be given the same name as an existing school site or public recreational facility except where sites about one another.
The following procedure shall be followed when naming public recreational facilities:
(a) At the time the public recreational facility is acquired, but before development occurs, the director will assign a nondescript temporary name for the public recreational facility.
(b) Once the development is initiated, the director will receive naming applications for review by the board.
(c) The board shall choose a name in accordance with the requirements of section 81-43 of this article.
(d) After a name is decided upon by the board, public notice of the recommended name will occur twice during a 30- day period in the city's newspaper of record. Citizen comments and recommendations must be submitted in writing to the director and be postmarked within the 30-day public notice period.
After the 30-day publice notice period, the director, with the approval of the board, will submit the recommended name to the Council for final approval.
The following provisions shall apply to any request to rename a public recreational facility:
(a) The renaming of public recreational facilities is strongly discouraged. It is recommended that efforts to change a name be subject to the most critical examination so as not to diminish the original justification for the name or discount the value of the prior contributors.
(b) Only those public recreational facilities named for geographic location, outstanding feature, predominant plant materials, subdivision or streams, rivers, lakes and creeks should be considered for renaming. Public recreational facilities named by deed restriction cannot be considered for renaming.
(c) The names of public recreational facilities named after individuals should never be changed unless it is found that the individual's personal character is or was such that the continued use of the individual's name for a public recreational facility would not be in the best interest of the community.
(d) The recommended name must be chosen in accordance with the requirements of section 81-44 of this article.
(e) The recommended name must be accompanied by a petition signed by a minimum of 50 citizens who legally reside within the city limits.
The following exceptions shall apply to the requirements of this article:
(a) Public recreational facilities that are donated to the city can be named by deed restriction by the donor. The naming and acceptance of land is subject to approval by the board and the Council.
(b) Individual facilities within a public recreational facility (for example, playgrounds, picnic shelters, ball fields, etc.) can be named separately from the public recreational facility in which they are located, subject to the requirements of Section 81-44 of this article.
Article IV.
Vendor and Solicitor Permitting Procedure
No person, personally, by agent, or as the agent of another, may engage in, transact, or conduct the business or occupation of soliciting or vending, as defined in Chapter 46 and Chapter 67 of this Code, either as principal or as agent or employee of any other person, in any public recreational facility, or upon any property controlled by the parks and recreation department of the city, unless a valid permit has been issued as provided in this article.
No person may engage in, transact, conduct the business or occupation of a vendor or solicitor, or allow soliciting or vending, in any public recreational facility, or upon any property controlled by the parks and recreation department of the city, in violation of the terms and conditions of a valid permit issued in aacordance with this article.
No person may, in any public recreational facility, conduct any commercial or business activities of any kind for which any participation fee or admission fee is charged.
(a) Any person desiring to engage in, transact or conduct the business or occupation of soliciting or vending within any public recreational facility, or upon any property controlled by the parks and recreational department of the city, shall file a written application for a permit with the director.
(b) The applicant must provide the following:
(1) the name, address, telephone number and date of birth of the applicant;
(2) if the applicant is the agent or employee of another, and if so, the name, address and telephone number of applicant's principal or employer;
(3) the period of time the applicant is to vend or solicity in the city;
(4) if the applicant is vending food, applicant must attach a copy of any current permit required and issued by the city's environmental health division;
(5) a valid form of identity such as a Texas driver's license or Texas identification card issued by the Texas Department of Public Safety; and
(6) a recent photographic likeness of the applicant for attachment to the permit;
(7) a complete listing of the type of products that will be vended;
(8) a state sales tax number if the vendor is a business.
(c) The required permit fee, as established by separate resolution, must be submitted with the application.
(d) In addition to above, a Mobile Food Unit operator must provide the following:
(1) a General Liability insurance policy; and
(2) a valid Certificate of Occupancy permit issued by the city's Development Services Department.
(a) Permits issued under the provisions of this article shall be valid for the type, location, and dates stated on the permit application.
(b) Permits issued under the provisions of this article are not transferable nor shall the permit give authority to anyone other than the person or organization named on the permit to engage in the vending activity authorized on the permit.
(a) Within three business days after the filing of an application under this article, the director shall grant a permit to the applicant if the applicant meets all requirements of this article. The following are considered grounds for denial of permit:
(1) an applicant is prohibited from working by federal or state law because of applicant's age;
(2) false or misleading information is contained in the application or required information is omitted;
(3) the permit fee has not been paid;
(4) the location indicated on the application does not have an improved off-street parking surface of adequate size to accommodate the proposed vending activity. For the purpose of this ordinance, the minimum parking standards are established by the "zoning" ordinance of the city as it currently exists and as it may hereafter be amended.
(5) the applicant has failed to comply with any applicable requirements of state or federal laws or regulations, or has failed to comply with any applicable requirements of this Code, including but not limited to the provisions of the ordinances regulating zoning, food and food establishments, and public recreational facilities, as said ordinances, laws or rules currently exist and as they may hereafter be amended;
(6) the applicant fails to obtain any necessary permit including a food vending permit;
(7) the activity would violate an applicable federal, state or municipal law, or violates community standards of decency;
(8) the location of the soliciting or vending activity does not comply with applicable zoning ordinances and/or restrictions of the city; or
(9) the vending or soliciting would conflict with scheduled activities or the established policy of the city's parks and recreation department.
(b) Any application denied under subsection (a) above may be amended and resubmitted within five business days of the denial.
At any time the City Manager, or the City Manager's designee, or the director, after written notice to the solicitor or vendor may revoke the permit on a finding that the information as stated in the application is false or incorrect, or the conditions imposed by the permit will not be met.
(a) Every denial or revocation of a permit under this article shall be in writing, dated and shall state the reason for such action. Said notice shall immediately be sent to the applicant by certified mail, or shall be personally delivered to such person.
(b) Any applicant may, within ten business days after the date of the notice provided for in subsection (a) above, submit to the City Manager a written request for a hearing to show cause as to why the permit should be granted or should not be revoked. Such request shall not stay the denial or revocation. A hearing shall be scheduled within ten business days of such request and notice shall be immediately given to all affected parties.
(c) Following the hearing, the City Manager or the City Manager's designee shall render a written decision granting or denying the application, or reinstating or revoking the permit, as the case may be. The decision shall be immediately provided to the permit applicant.
(d) The applicant may appeal the decision of the City Manager to the district court.
When engaged in vending or soliciting the permit required by this article shall be carried by each individual solicitor or vendor, whether conducting business as an individual or an employee, representative, or agent of another, and shall, upon request, be displayed to any police officer or any employee of the city's parks and recreation department for examination. Otherwise, such permit shall be prominently displayed upon the premises or place where the business is authorized and conducted.
The provisions requiring applicants to pay a permit fee shall not apply to the followin: Any verified religious, political, or charitable solicitation, as defined in Chapter 67 of this Code, where all of the proceeds are used for religious, political, or charitable purposes, or board-approved recognized user groups.
The term "Mobile Food Unit" (MFU) shall mean a unit as defined in Chapter 46 of this Code that is designed to be readily movable and from which food and/or beverages are prepared or sold.
(a) Approved public recreational facilities include:
(1) Broughton
(2) The Green
(3) Green Street Recreation Center
(4) Teague
(5) Ingram
(6) Hinsley
(7) Lear
(8) Spring Hill Park
(9) Stamper Park, and
(10) Timpson
(b) All mobile food units shall provide refuse containers suitable for placement of litter generated by customers or other persons.
(c) All mobile good units shall be responsible for cleanup of all public recreational facility areas within 100 feet from the unit.
(d) All mobile food units shall be confined to the assigned spot as approved by the director.
(e) All mobile food units shall be removed from public recreational facility property daily.
(f) All utilities used for the benefit of the MFU shall be paid for at the current rate.
(g) Improvements to the public recreational facility shall not be made without written approval.
(h) Prices of items sold or offered shall be visibly posted.
(i) All mobile food units shall be responsible for the cost of repair or replacement for any damage to the public recreational facility.
(j) Any mobile food unit may be excluded from the permitted location for up to five (5) days per month for any reason.
A person commits an offense if the person violates any provision of this article. Any person violating any provision of this article shall be punished in accordance with the terms of section 1-4 of this Code.
Unless otherwise specifically set forth in state law as adopted, allegation and evidence of culpable mental state are not required for the proof of an offense defined by this section.
Article V.
Memorials, Plaques, and Tributes
(a) To provide an effective policy for determining the acceptance, appropriateness, and placement of memorials, plaques, and tributes in public recreational facilities.
(b) To establish a specific policy for placement of memorials, plaques, and tributes in Heritage Plaza as well as a "general use" policy for the placement of memorials, plaques, and tributes in any other public recreational facility.
(c) To prevent a proliferation of memorials, plaques, and tributes that could negatively impact the safety, appearance, or usefulness of any public recreational facility.
(d) To enhance the public good through improvements to public recreational facilities, with a secondary purpose to pay tribute to the organization or individual making a donation.
(e) To be keeping with the Public Recreational Facility Naming Policy.
The board, subject to the authority of the City Council over all city property, is the approving authority for placement of memorials, plaques, and tributes in any public recreational facility. The board may delegate to the director authority to determine appropriateness of memorials, plaques, and tributes that clearly fall within the guidelines of this policy.
(a) In keeping with the Public Recreational Facility Naming Policy:
(1) the placement of all memorials, plaques, and tributes on or in any public recreational facility is subject to the same criteria as are applied to the naming of public recreational facilities.
(2) because of their proneness to vandalism and maintenance requirements, memorials, plaques, and tributes should be used sparingly.
(3) the board subject to approval by the City Council, establishes the style, size and placement of all memorials, plaques, and tributes.
(b) It shall be board policy not to approve the placement of memorials, plaques, and tributes in any area of a public recreational facility that the board determines may negatively impact the visitor experience or the enjoyment of the public recreational facility.
(c) The director shall use the following criteria to determine what memorials, plaques, or tributes are to recommended for board approval.
(1) Applicable procedures have been appropriately followed.
(2) The memorial, plaque, or tribute does not negatively impact visitor experience in or the visual appearance of any public recreational facility.
(3) The memorial, plaque or tribute is beneficial to the general public as first priority.
(4) The memorial, plaque, or tribute is beneficial to the current usage and future development of the public recreational facility.
(5) The costs, including maintenance and replacement, are borne by the requesting party unless otherwise directed by the board.
(6) The memorial, plaque, or tribute meets all existing restrictions and standards, including safety.
(7) The memorial, plaque, or tribute is in clear compliance with all applicable federal, state and local laws.
(d) The parks and recreation department will not bear responsibility for repair or replacement of vandalized, lost, stolen, or worn memorials, plaques, or tributes.
(e) The board has the authority to remove or augment any memorial, plaque, or tribute. This shall be done with the intent of improving or enhancing the public recreational facility (example: removing broken memorial). In case of removal or aumentation, the board or a representative thereof will attempt to contact donor at last known address to advise the donor of the board's action. The city's parks and recreation department may immediately remove any memorial, plaque, or tribute that, due to its physical condition, has become a danger to the public.
(f) The following rules shall apply to plaques and inscriptions:
(1) Placement of plaques in conjunction with memorials shall be done on a limited basis. Plaques should cause no negative impact on safety, use, or visual appearance.
(2) Inscriptions shall be limited to the name of the donor or honoree and a phrase such as "in memory of"; "on honor of"; "donated by"; "in loving memory of"; and "made possible by".
(3) Recognition of memorials, plaques, and tributes shall be made through the city's website as well as a memorial book or plaque to be kept in city hall.
(g) Public recreational facility needs and plans are specific to location. Not all items are appropriate at all locations. Items suitable for memorials, plaques, and tributes include but are not limited to:
(1) Flagpole
(2) park bench
(3) tree
(4) kiosk
(5) pavilion
(6) playground equipment
(a) Heritage Plaza is reserved as a location to pay tribute to the history and heritage of the Longview community. Memorials, plaques, and tributes place within Heritage Plaza will be limited.
(b) In addition to complying with all regulations listed within the "General Use" memorial policy, memorials, plaques, and tributes place at Heritage Plaza should:
(1) honor an organization that has been in existence in the city for 25 years or more; and
(2) honor an organization that has made significant contributions to the Longview community.
(c) In addition to memorials, plaques, and tributes made within the Heritage Plaza, the parks and recreation department may create other ways to honor donors that fit the above criteria.
(a) Individuals or organizations desiring approval for memorials, plaques, or tributes shall submit requests in writing to the director.
(b) The director will review written requests and decide if the request complies with this policy.
(c) If approved, the director will sumit the proposal to the board for the board's consideration in accordance with stated policy.
(d) If approved by the board, the memorial, plaque, or tribute may be placed within the designated public recreational facility, pursuant to the guidance of the director.
(Ord. No. 4102, § 3, 5-25-17)