ORD 1994-15 - Regulate Public Park Access 06-14-1994ORDINANCE NO. 94 -15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, REGULATING PUBLIC ACCESS TO CITY
PARKS; PROHIBITING USE OF CITY PARKS BETWEEN 10:00 F.M.
AND 5:00 A.M.; PROVIDING A FINE OF $1- 500.00 FOR ILLEGAL USE
OF THE PARKS; PROVIDING FOR POSTING OF NOTICE OF PARK
HOURS; AND MAKING OTHER PROVISIONS RELATED THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
THAT:
Section 1: Chapter 13A, Parks, of the Code of Ordinances of the City of Huntsville, Texas,
is hereby amended:
Sec. 13A -1. Parks Closed to the Public.
(a) The following parks or park facilities shall be closed to the public at the times designated:
(1) Emancipation Park (except Martin Luther King, Jr. Recreation Center) - between
9:00 p.m. and 4:00 a.m.
(2) Kate Barr Ross Memorial Park - between 10:00 p. m. and 5:00 a.m.
(3) Thomason Henry Ball Park - between 10:00 p. m. and 5:00 a.m.
(4) Thomas Clifton Gibbs Park - between 10:00 p.m. and 5:00 a.m.
(5) Bayou Bend Park - between 10:00 p. m. and 5:00 a.m.
(6) John Henry Rather Park - between 10:00 p. m. and 5:00 a.m.
(7) Pineview Park - between 10 :00 p.m. and 5:00 a.m.
(8) Forest Hills Park - between 10:00 p.m. and 5:00 a.m.
(9) Smither Park - between 10:00 p.m. and 5:00 a.m.
(10) Town Creek Park - between 10:00 p. m. and 5:00 a.m.
(11) Emma Etheredge Park - between 10:00 p.m. and 5:00 a.m.
(12) Sandbrook Park - between 10:00 p.m. and 5:00 a.m.
(13) Pine Shadows Park - between 10:00 p. m. and 5:00 a.m.
(14) Eastham - Thomason Park - between 10:00 p. m. and 5:00 a.m.
(15) Bush - Miller Park - between 10 :00 p.m. and 5:00 a.m.
(16) Founders Spring Park - between 10:00 p.m. and 5:00 a.m.
(b) The City Manager is authorized and directed to designate the parks or park facilities
closed to the public by appropriate and conspicuous signs posted at the entrances to the
park.
(c) A person commits an offense if he intentionally or knowingly enters or remains in a City
park at a time the park is closed.
(d) It is a defense to prosecution if the person is
(1) engaged in park maintenance, construction activity or security under authority of
the City and in the performance of their duties of employment; or
(2) participating in a program or event sponsored or approved by the City, or for
which a City permit has been issued.
(e) This section shall not be construed either:
(1)
to require that members of the public found inside fenced or enclosed areas during
the hours those areas are closed to the public must be requested to leave before
being subject to prosecution under Section 30.05 of the Texas Penal Code; or
(2) to prohibit the City, its officers and employees from requesting persons on City
property to depart and, if they fail to do so, be subject to prosecution under
Section 30.05 of the Texas Penal Code; or
(3)
to prohibit the prosecution for any other crime that may have been committed
upon the City property.
(f) An offense under this subsection (c) of this section shall be a Class C misdemeanor
punishable by a fine of $1.00 to $500.00.
Section 2:
Section 3:
If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held invalid or unconstitutional, such portion shall be deemed
a separate, distinct and independent provision and such holding shall not affect
any of the remaining provisions of this ordinance.
All ordinances and parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed; provided, however, that such repeal shall be only
to the extent of such inconsistency and in all other respects this ordinance shall
be cumulative of other ordinances regulating and governing the subject matter
covered by this ordinance.
Section 4: This ordinance shall take effect ten (10) days after its passage by the City
Council. The City Secretary shall publish the caption of this ordinance in the
official City newspaper at least twice within ten (10) days of its passage.
PASSED AND APPROVED THIS 14TH DAY OF JUNE, 1994.
ATTEST:
Danna Welter, City Secretary
APP' I VE ► AS O i ORM:
Scott Boy i. , City _ orney
THE CITY OF HUNTSVILLE
W. H. Hodges, Mayor