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Home My WebLink AboutO-2011-3318 amend Ch50/prohibition of alcoholic beverages c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 14,2011 Appropriation Requested By: Stephen L. Barr Source of Funds: N/A Department: Parks & Recreation Acc't Number: Report: _Resolution: _Ordinance:---X..... Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Although a Harris County Park, Sylvan Beach is located within the City limits of La Porte. As such, it is routinely patrolled by both the Harris County Sheriffs Office and the La Porte City Police Department. Since Sylvan Beach is a County Park, however, it is not included in our City of La Porte Park system. As such, La Porte Police Officers lack the authority to enforce the various general use park provisions, including those prohibiting the possession of alcohol in a park. The attached revision would revise the Code of Ordinances by extending the La Porte City general use park provisions to Sylvan Beach Park, providing La Porte Police Officers with the proper authority to enforce these provisions within the Park. The Park would continue to belong to Harris County, which has approved the language included in the attached ordinance revision. Staff is recommending the approval of this Ordinance as it will greatly enhance the safety and quality of life for those using Sylvan Beach Park. Action Reauired bv Council: Consider approval of an Ordinance amending chapter 50 "Parks and Recreation" of the Code of Ordinances of the City of La Porte, Texas; adopting Use Regulations for Sylvan Beach Park, . cl ing Prohibition of Alcoholic Beverages. .J.19 f, I Date ORDINANCE NO. 2011- 3.:) 18 AN ORDINANCE AMENDING CHAPTER 50 "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS; ADOPTING USE REGULATIONS FOR SYLVAN BEACH PARK, INCLUDING PROHIBITION OF ALCOHOLIC BEVERAGES; CONTAINING A SEVERABLITY CLAUSE; CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LA PORTE: SECTION 1. Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division I "Generally" of the Code of Ordinances of the City of La Porte, Texas is hereby amended by amending Section 50-186 "Reserved", which said Section shall read as follows: "Sec. 50-186. Alcohol prohibited. (a) The possession, consumption, or display of alcoholic beverages at Sylvan Beach Park is prohibited, nor shall any person sell, give away, or otherwise distribute any alcoholic beverage at Sylvan Beach Park. (b) Alcoholic beverages shall be allowed when authorized by Harris County pursuant to a concession agreement, license, or permit. Approval of Harris County to distribute or sell alcoholic beverages shall be conditional to any permit approvals, licensing requirements, or restrictions of the Texas Alcoholic Beverage Commission (T.A.B.C.) (c) The prohibition contained within this section shall be subordinate to any contrary rule or regulation of Harris County and to the extent of any conflict shall be of no force or effect. (d) Any person, as defined in V.T.C.A. Penal Code 9 1.07(27), who shall violate any provision of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.00. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this section." SECTION 2. Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division I "Generally" of the Code of Ordinances ofthe City of La Porte, Texas is hereby amended by adding new Section 50-187, which said Section shall read as follows: Page 1 of7 "Sec. 50-187. Regulation of park use at Sylvan Beach Park. (1) Special use generally. No person shall hold, conduct, or cause to occur any special use of any park, park area or facility without first obtaining the written permission of the Harris County Precinct 2 Park Superintendent. (2) Special park facilities generally. No person shall visit, use or otherwise be within or upon any park, park area, park related facility or rental facility outside the posted hours of operation without the written permission of the Harris County Precinct 2 Park Superintendent, nor shall any person during such posted hours be within or upon such facilities without first paying any applicable fees and/or securing any required permits related thereto. (3) Concessions and sales generally. No person shall have the right to offer anything for sale or barter, or to exhibit anything, or to conduct any amusement, recreational activity, sports event, or other business for which any participation or admission fee is charged or revenue is otherwise derived within Sylvan Beach Park related facility or rental facility without first obtaining the written consent of the Harris County Precinct 2 Park Superintendent. (4) Playing of musical devices. No person shall play any musical instrument, radio, tape player, compact disc player, or other musical device within Sylvan Beach Park other than for his/her own enjoyment, provided that such person shall not thereby encroach upon the use and enjoyment of the parks by others. (5) Glass containers prohibited; exception. No person shall bring into or upon Sylvan Beach Park, or have in his/her possession while therein or thereupon, any glass receptacle including but not limited to glass bottles, glass jars, drinking glasses or other glass containers of any kind. The prohibition of glass containers shall not apply to baby bottles, baby food jars, glass lined vacuum bottles and glass lined picnic beverage coolers. (6) Litter prohibited. No person shall throw or otherwise dispose of any trash or litter in Sylvan Beach Park except in the containers provided therefor. Page 2 of7 (7) Dumping prohibited. No person shall dump any debris, junk, garbage, waste, fill, or other material onto or into Sylvan Beach Park or the water areas thereof. (8) Camping prohibited. No person shall establish a campsite upon or use any area of the Sylvan Beach Park as a campsite without the prior written permission of the Harris County Precinct 2 Park Superintendent. (9) Building of fires prohibited. No person shall build or cause to be built any fires within Sylvan Beach Park areas except in the camp stoves or grills provided therefor and only for the purpose of food preparation. Personal stoves or grills brought to Sylvan Beach Park by the public for such purposes shall be exempt from this provision, provided such apparatus is located so as not to harm or endanger any tree, shrub, building, or park appurtenance, or thereby encroach upon the use and enjoyment of the parks by others. Exceptions may be provided, subject to written permission and approval of the Harris County Precinct 2 Park Superintendent and the city fire marshal. (10) Fireworks prohibited. No person shall discharge any fireworks upon or within Sylvan Beach Park. Professional fireworks displays proposed as a part of an event of program shall be exempt from this provision subject to the written permission and approval of the Harris County Precinct 2 Park Superintendent and the city fire marshal. (11) Flying of kites, radio controlled airplanes restricted. No person shall fly any kite, radio controlled airplane or similar device within 100 feet of any park building or playing field in use by other patrons, nor operate such device so as to endanger any park patron or thereby encroach upon the use and enjoyment of the parks by others. (12) Amusement rides prohibited. No person shall erect or operate any mechanical amusement rides, midway rides, air containing apparatus, or similar apparatus within Sylvan Beach Park, without the prior written permission of the Harris County Precinct 2 Park Superintendent. (13) Page 3 of7 Vehicles in parks generally. No person shall drive or propel any passenger car, pickup truck, sport utility vehicle, motorcycle, all-terrain vehicle, go-cart, trail bike, or any other vehicle over or through Sylvan Beach Park except along or upon designated park drives, or parkways. a. Parking of vehicles. No person shall park any motorized vehicle in Sylvan Beach Park except in the areas designated for such purpose. b. Commercial or heavy laden vehicles prohibited. No person shall drive, propel, or park any heavily laden vehicle, or vehicle carrying merchandise, goods, material or rubbish, or any moving van or truck within Sylvan Beach Park. c. Vehicles; exception. The provisions related to vehicles herein shall not apply to carts required for accessibility and operated by senior citizens or physically challenged individuals, or where the operation and/or usage of such vehicles or other vehicles are approved by the Harris County Precinct 2 Park Superintendent as a part of routine maintenance, or a program, activity, or event. In the event that motorized vehicles are allowed in park areas within Sylvan Beach Park, such motorized vehicles shall not interfere with nor impede pedestrian traffic within the said park areas. (14) Riding or driving animals; exception. No person shall ride or drive any horse, cattle, goat, sheep, donkey, mule, or other livestock over or through Sylvan Beach Park, except along or upon designated bridle paths and driveways, or to or from loading or unloading points, or unless prior approval has been received therefor by the Harris County Precinct 2 Park Superintendent as a part of a program, activity or event. (15) Teasing, injuring, etc., animals, fowl or fish, prohibited. No person shall tease, annoy, molest, catch, or throw any stone, object or missile of any kind at, or strike with any stick, object or weapon any animal in Sylvan Beach Park. This provision will not apply to fishing or fishing activities in Galveston Bay unless there is clear visual evidence of abuse. (16) Gambling, games of chance prohibited. No person shall gamble, conduct or operate any bingo, lottery or other games of chance within Sylvan Beach Park. This provision will not apply to bingo games or other nonprofit games, which is approved in writing by the Harris County Precinct 2 Park Superintendent. Page 4 of7 (17) Erecting structures, bill posting, etc., prohibited No person shall place, erect, or attach any structure, sign, bulletin board, post, pole, or advertising device of any kind whatever in Sylvan Beach Park; or attach any notice, bill, poster, sign, wire, rod, or cord to any tree, shrub, fence, railing, post, or structure in Sylvan Beach Park unless authorized by a written, signed agreement or permit issued by the Harris County Precinct 2 Park Superintendent. (18) Handbill distribution prohibited No person or bill distributor shall hand to or foist upon any park patron a handbill or other material without the consent of such park patron, nor shall any bill distributor thereby encroach upon the use and enjoyment of Sylvan Beach Park. (19) Walking, standing, or sitting on borders, flower beds, etc., prohibited No person shall walk, stand, or sit on or in any border, flower bed, monument, vase, fountain, railing or fence in Sylvan Beach Park unless the border, et aI, is clearly designed or designated for such purpose. (20) Removal of plants, tree cutting prohibited No person shall remove or cut any flower, shrub, vine, tree, or other plant in of Sylvan Beach Park without the written permission of the Harris County Precinct 2 Park Superintendent. (21) Planting of trees, plants, restricted No person shall plant any flower, shrub, tree, or other plant in of Sylvan Beach Park without the written permission of the Harris County Precinct 2 Park Superintendent. (22) Hunting, use offirearms prohibited No person shall hunt any animal or shoot, fire, or discharge any pistol, shotgun, or rifle, other firearm or archery arrow in, on, along, or across Sylvan Beach Park. (23) Vandalism, defacement of property. No person shall perform any act of malice, vandalism, or otherwise deface any real or personal property in, on, or within Sylvan Beach Park. (24) Page 5 of7 Dogs or other animals, pets, on park property other than buildings, facilities. No person may bring into or possess at Sylvan Beach Park any animal other than a dog or domestic cat. Any person bringing a dog or domestic cat into the park shall keep the dog or domestic cat confined to a vehicle or secured by a leash not exceeding six (6) feet in length. It is the responsibility of the owner/leash holder to remove and properly dispose of waste deposits discharged by a dog, animal, or pet on park property. The prohibitions contained within this section shall be subordinate to any contrary rule or regulation of Harris County and to the extent of any conflict shall be of no force or effect. Any person, as defined in V.T.C.A. Penal Code S 1.07(27), who shall violate any provision of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.00. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this section." SECTION 3. Appendix B "Fines", of the Code of Ordinances of the City of La Porte is hereby amended by adding Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division I "Generally", which shall read as follows: "(a) Fine for violation of S 50-186 .................... $500.00 ................. .50-186 (b) Fine forviolationofs 50-187 .................... $500.00 ..................50-187 SECTION 3: All ordinances or parts of ordinances inconsistent with the terms 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. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. SECTION 5. Any person who violates a provision of this Ordinance, upon conviction in the municipal court of the City of La Porte shall be guilty of a misdemeanor and shall be subject to a fine not to exceed five hundred dollars ($500.00). Page 6 of7 SECTION 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting ofthe City Council was posted at a place convenient to the public at the City Hall as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 7. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the Houston Chronicle at least once within the ten (10) days after the passage of this ordinance. PASSED AND APPROVED, !h;s ~\A Y OF f::-tbr U lll1j' 20 II ATTEST: ~ nL \~),'11vL~ 'L{) harris, Assistant City Secretary APPtLA: T~ F~: '~/.~ Clark T. Askins, Assistant City Attorney Page 7 of7