Ordinance 2005-37
ORDINANCE NO. 2005-37
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
CHAPTER 78 (PARKS AND RECREATION) OF WYLIE'S CODE OF
ORDINANCES; PROVIDING FOR A PENALTY FOR THE VIOLATION
OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas, (the "City Council") has
investigated and determined that Chapter 78 (Parks and Recreation) of the City of Wylie, Texas'
("Wylie") Code of Ordinances should be amended as set forth below; and
WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best
interest of the citizens of Wylie to amend Chapter 78 (Parks and Recreation) Wylie's Code of
Ordinances as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION I: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment of Chapter 78 (Parks and Recreation) of Wylie's Code of
Ordinances. Chapter 78 (Parks and Recreation) of Wylie's Code of Ordinances is hereby amended
and replaced by the Chapter 78 attached hereto as Exhibit "A" and incorporated as if fully set forth
herein.
SECTION 3: Penalty Provision. Any person, firm, corporation or business entity violating
this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined
a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance
shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 4: Savings/Repealing Clause. Wylie's Code of Ordinances shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but
such repeal shall not abate any pending prosecution for violation ofthe repealed ordinance, nor shall
the repeal prevent a prosecution from being commenced for any violation if occurring prior to the
repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and
effect.
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
SECTION 5: Severability. Should any section, subsection, clause or phrase of this
Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full for force
and effect. Wylie hereby declares that it would have passed this Ordinance, and each section,
subsection, clauses and phrases be declared unconstitutional or invalid.
SECTION 6: Effective Date. This Ordinance shall be effective immediately upon its passage
and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 2ih day of September, 2005.
ATTESTED AND CORRECTLY
RECORDED:
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Date of publication in The Wvlie News - October 5.2005
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
Chapter 78 PARKS AND RECREATION*
*Charter references: Parks and recreational facilities, art. XI, 9 16.
Cross references: Administration, ch. 2; environment, ch. 42; floods, ch. 50; health
and sanitation, ch. 54; library, ch. 66; personnel, ch. 86; planning, ch. 90; streets,
sidewalks and other public places, ch. 102; zoning, app. A; subdivision regulations,
app. B; fee schedule, app. C.
State law references: Authority of municipalities to operate and maintain parks,
V.T.C.A., Local Government Code 9 331.001; park to be open for public use under
rules prescribed by local governing authority, V.T.C.A., Local Government Code 9
331.007; home-rule municipality has exclusive control over public grounds, V.T.C.A.,
Local Government Code 9 282.001.
Article I. I n General
Sec. 78-1. Standards of care, city youth programs.
Sees. 78-2--78-20. Reserved.
Article II. Parks and Recreation Board
Sec. 78-21. Definitions.
Sec. 78-22. Creation.
Sec. 78-23. Composition; appointment and terms of office of members.
Sec. 78-24. Removal of members.
Sec. 78-25. Vacancies.
Sec. 78-26. Officers.
Sec. 78-27. Meetings.
Sec. 78-28. Jurisdiction.
Sec. 78-29. Limitations of authority.
Sees. 78-30--78-50. Reserved.
Article III. Parks and Open Space Master Plan
Sec. 78-51. Adopted.
Sec. 78-52. Park zones.
Sees. 78-53--78-70. Reserved.
Article IV. Parkland Dedication
Sec. 78-71. Purpose of article.
Sec. 78-72. Dedication procedures.
Sec. 78-73. Money in lieu of land.
Sec. 78-74. Comprehensive plan considerations.
Sec. 78-75. Park acquisition and improvement fund; right to refund.
Sec. 78-76. Additional requirements.
Sec. 78-77. Minimum park improvements.
Sec. 78-78. Biennial review.
Sec. 78-79. Offense.
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
Sees. 78-80--78-100. Reserved.
Article V. Park Regulations
Division 1. Generally
Sec. 78-101. Hours open to the public.
Sec. 78-102. Parking.
Sec. 78-103. Feeding of animals.
Sec. 78-104. (Reserved)
Sec. 78-105. Peddling and vending of articles.
Sees. 78-106-78-107 (Reserved)
Sec. 78-108. Disorderly conduct.
Sec. 78-109. Offense.
Sees. 78-110. Prohibited acts.
Sec. 78-111. Penalty
Sees. 78-112--78-130. Reserved.
Division 2. Parking in Municipal Parks
Sec. 78-131. Definitions.
Sec. 78-132. Offense to violate division.
Sec. 78-133. No parking areas.
Sec. 78-134. Signs and markers notifying public of no parking zones.
Sec. 78-135. Enforcement of division.
Sees. 78-136--78-150. Reserved.
Article VI. Watercraft Regulations
Sec. 78-151. Public launching sites.
Sec. 78-152. Watercraft prohibited.
Sec. 78-153. Water intake structures.
Sec. 78-154. Lavon Dam inlet and outlet structure.
Sec. 78-155. Commercial marinas and/or floating concession facilities.
Sec. 78-156. Endangering life or property prohibited.
Sec. 78-157. Other areas.
Sec. 78-158. Offense.
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
ARTICLE I. IN GENERAL
Sec. 78-1. Standards of care, city youth programs.
The Wylie Youth Program Standards of Care for Wylie Youth Programs, as detailed
in Attachment "A" to Ord. No. 2004-06, are hereby adopted by reference.
Sees. 78-2--78-20. Reserved.
ARTICLE II. PARKS AND RECREATION BOARD*
*Charter references: Parks and recreation board, art. VIII, 92.
Sec. 78-21. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Parks and recreation board means the Wylie Parks And Recreation Board.
(Ord. No. 78-18, art. II, 91, 6-13-1978; Code 1991, ch. 1,97.01; Code 1997,978-
31 )
Cross references: Definitions generally, 9 1-2.
Sec. 78-22. Creation.
There is hereby created in and for the city and for the surrounding community, the
city parks and recreation board.
(Ord. No. 78-18, art. II, 91, 6-13-1978; Code 1991, ch. 1,97.01; Code 1997, 978-
32)
Sec. 78-23. Composition; appointment and terms of office of members.
The membership and terms of office of the parks and recreation board shall be as
provided for in section 2(B) of article VIII of the city's home rule Charter.
(Code 1991, ch. 1,97.02; Code 1997,978-33)
Sec. 78-24. Removal of members.
The city council may remove from office any member of the parks and recreation
board for any cause deemed by the city council to be in the best interest of the city
and surrounding community.
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
(Ord. No. 78-18, art. 11,94,6-13-1978; Code 1991, ch. 1,97.03; Code 1997, 978-
34)
Sec. 78-25. Vacancies.
Should a vacancy occur in the membership of the parks and recreation board, the city
council shall appoint a successor for the unexpired term.
(Ord. No. 78-18, art. II, 9 5, 6-13-1978; Code 1991, ch. 1,97.04; Code 1997,978-
35)
Sec. 78-26. Officers.
The parks and recreation board shall be organized by electing one chairman and one
vice-chairman. The officers of the board shall serve for one year or until their
successors are appointed/elected and qualified. This section shall not operate so as
to extend the term of any board member.
(Ord. No. 78-18, art. II, 96,6-13-1978; Code 1991, ch. 1,97.05; Code 1997,978-
36)
Sec. 78-27. Meetings.
The parks and recreation board shall hold meetings as may be determined by it and
may set regular meeting dates as frequently as the board may desire. Special
meetings may be called for the transaction of any business, and a quorum of
members of the board at any meeting shall be determined as a minimum of the
majority. All meetings of the parks and recreation board shall be open to the public as
required by the Texas Open Meetings Act, as amended, but the meeting place may
be designated by the parks and recreation board. Meetings do not have to be held at
the city hall.
(Ord. No. 78-18, art. 11,9 7, 6-13-1978; Code 1991, ch. 1,97.06; Code 1997,9 78-
37)
Sec. 78-28. Jurisdiction.
(a) The jurisdiction of the parks and recreation board shall be to work with any
citizen, individual or group for the development, construction and beautification of any
park, parkway, recreation or community center facility, under the jurisdiction of the
city, and to advise and counsel with the city council in its development, construction
and beautification of any such parks, parkways, recreation and community center
facilities under the jurisdiction of the city.
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
(b) The parks and recreation board shall make recommendations to the city
council concerning any rules and regulations that it deems proper for enhancing the
enjoyment of the parks, parkways, recreation and community center facilities and for
the regulation of their use.
(Ord. No. 78-18, art. II, 9 8, 6-13-1978; Code 1991, ch. 1,97.07; Code 1997,978-
38)
Sec. 78-29. Limitations of authority.
The parks and recreation board shall not have any authority to make contracts or
create any legal obligation or liability for the city.
(Ord. No. 78-18, art. 11,99,6-13-1978; Code 1991, ch. 1,97.08; Code 1997, 978-
39)
Secs. 78-30--78-50. Reserved.
ARTICLE III. PARKS AND OPEN SPACE MASTER PLAN
Sec. 78-51. Adopted.
On January 23, 1996, the parks and open space master plan for the city, as filed with
the city secretary, was officially adopted.
(Code 1991, ch. 1,98.01; Code 1997, 9 78-71)
Sec. 78-52. Park zones.
The park zones necessary for the implementation of the park dedication ordinance
are declared to have the boundaries as delineated upon the park zone map, said
map being adopted by reference as part of this article for all purposes.
(Ord. No. 87-14,1-27-1987; Code 1991, ch. 1,98.02; Code 1997,978-72; Ord. No.
99-8,9 1,4-14-1999)
Secs. 78-53--78-70. Reserved.
ARTICLE IV. PARKLAND DEDICATION
Sec. 78-71. Purpose of article.
(a) This article is adopted to provide recreational areas in the form of municipal
parks as a function of subdivision development in the city. This article is enacted in
accordance with the home rule powers of the city, granted under the state
constitution, and the statutes of the state including, but not by way of limitation,
V.T.C.A., Local Government Code 9 54.004, and ch. 212. It is hereby declared by the
city council that recreational areas in the form of municipal parks are necessary and
in the public welfare, and that the only adequate procedure to provide for municipal
parks is by integrating such a requirement into the procedure for planning and
developing property or subdivision in the city, whether such development consists of
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
new construction on vacant land or rebuilding and remodeling of structures on
existing residential property.
(b) Municipal parks are those parks providing for a variety of outdoor recreational
opportunities and within convenient distances from a majority ofthe residences to be
served thereby. The park zones established by the parks and recreation department
and shown on the official parks and recreation map for the city shall be prima facie
proof that any park located therein is within such a convenient distance from any
residence located therein. The primary cost of municipal parks should be borne by
the ultimate residential property owners who, by reason of the proximity of their
property to such parks, shall be the primary beneficiaries of such facilities. Therefore,
this article is adopted to effect the purposes stated.
(Ord. No. 87-15, 9 1, 1-27-1987; Code 1991, ch. 1,99.01; Code 1997,978-106)
Sec. 78-72. Dedication procedures.
(a) Whenever a final plat is filed on record with the county clerk of Collin, Dallas or
Rockwall County for development of a residential area in accordance with the
subdivision, planning and zoning ordinances ofthe city, such plat shall contain a clear
fee simple dedication of an area of land to the city for park purposes, which area shall
equal five acres for each 100 proposed dwelling units.
(b) The city council declares that development of an area smaller than five acres
for public park purposes is impractical. Therefore, if fewer than 100 units are
proposed by a plat filed for approval, the developer may be required to pay the
applicable cash in lieu of land amount provided by section 78-73(c), rather than to
dedicate any land area. No plat showing a dedication for park purposes of less than
five acres shall be approved unless such plat and dedication is recommended for
approval by the city parks and recreation board and subsequently approved by the
city council.
(c) In all other instances, the city shall have the right to accept the dedication for
approval on the final plat, or to refuse the dedication, after consideration of the
recommendation of the planning and zoning commission and the parks and
recreation board, and to require payment of cash in lieu of land in the amount
provided by section 78-73( c), if the city determines that sufficient park area is already
in the public domain in the area of the proposed development, or if the recreation
potential for that zone would be better served by expanding or improving existing
parks.
(Ord. No. 2004-01, 9 2,1-13-2004)
Sec. 78-73. Money in lieu of land.
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
(a) Subject to approval of the city council, a land owner responsible for dedication
under this article may elect to meet the requirements of section 78-72, in whole or in
part, by a fee payment in lieu of land, in the amount set forth in subsection (c) of this
section. Such payment in lieu of land shall be made at or prior to the time of final plat
approval. Nonpayment of fee shall constitute grounds sufficient to deny approval of
proposed plat.
(b) The city may, from time to time, decide to purchase land for parks in or near
the area of actual or potential development. If the city does purchase park land in a
park zone, subsequent park land dedications for that zone may be required to be in
cash only, and calculated to reimburse the city's actual cost of acquisition and
development of such land for parks. The fee amount shall be set out in the fee
schedule in appendix C to this Code. Once the city has been reimbursed entirely for
all such park land within a park zone, this section shall cease to apply, and the other
subsections shall again be applicable.
(c) To the extent that subsection (b) of this section is not applicable, the
dedication requirement shall be met by a payment of cash, in lieu of dedication of
land, at a per acre price set from time to time by resolution by the city council,
sufficient to acquire land and provide for adjacent streets and utilities for a municipal
park to serve the park zone in which such development is located or to improve or
expand existing park land in the park zone. Unless changed by the city council, such
per acre price shall be based on a fee as set out in the fee schedule located in
appendix C to this Code. Cash payments may be used only for acquisition or
improvement of a municipal park located within the same zone as the development,
or, upon recommendation of the park board and approval of the city council, funds
from any and all park zones may be combined for special purposes with or without
the option to reimburse the contributing zones.
(Ord. No. 2004-01, 9 3,1-13-2004)
Sec. 78-74. Comprehensive plan considerations.
The city shall create and maintain a master park plan for the city and its
extraterritorial jurisdiction. The city shall further designate the size of the parks and
the zones which are to be supportive of these parks. Dedication of park land shall be
in accordance with the master plan. The city will determine, the park location based
on land suitability. This plan may be, from time to time, updated and amended at the
pleasure of the approving authorities and as the review of proposed plats for
development within those zones.
(Ord. No. 2004-01,94, 1-13-2004)
Sec. 78-75. Park acquisition and improvement fund; right to refund.
(a) There is hereby established a special fund for the deposit of all sums paid in
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
lieu of land dedication under this article or any preceding article or any preceding
ordinance, which fund shall be known as the park acquisition and improvement fund.
Such fund may be subdivided to create as many separate funds as become
necessary in order to ensure that all funds are separated by park zone and spent
wholly and completely within such park zone. Upon recommendation of the park
board and approval of the city council, funds from any and all park zones may be
combined for special purposes. Each fund shall be separately audited in the annual
audit of the city and shall be available for public review.
(b) The city shall account for all sums paid in lieu of land dedication under this
article with reference to individual plats involved. Any funds paid for such purposes
must be expended by the city within five years from the date received by the city for
acquisition or development of a municipal park. Such funds shall be considered to be
spent on a first in, first out basis. If not so expended, the owners of the property, on
the last day of such period, shall be entitled to a pro-rata refund of such sum
computed on a square footage of area basis. The owners of such property must
request such refund within one year of entitlement, in writing, or such right shall be
barred.
(c) When residential developments occur in phases, all phases of the
development shall meet applicable dedication requirements. If land dedication is to
occur in a latter phase of the overall development, the dedication requirement for the
initial phases shall be met by placing funds into an escrow account as directed by the
city upon acceptance of each phase by the city. When the actual land dedication
occurs, the escrowed funds plus interest shall be returned to the depositor. The
depositor must request such refund within one year of entitlement, in writing, or such
right shall be barred. If land dedication does not occur within five years of completion
of the initial phase of the overall development, the escrowed funds plus interest shall
be forfeited by the depositor and the funds shall become the property of the city.
(Ord. No. 2004-01, 9 5,1-13-2004)
Sec. 78-76. Additional requirements.
(a) Any land dedicated to the city under this article must be suitable for park and
recreation uses. The following characteristics of a proposed area are generally
unsuitable:
(1) Any area primarily located in the 1 OO-year floodplain.
(2) Any areas of unusual topography or slope which renders same unusable for
organized recreational activities.
Such characteristics of a park land dedication area may be grounds for refusal of any
preliminary plat. The city parks and recreation board shall consider the usability of
any proposed dedications of land in the 1 OO-year floodplain or in any easement on a
case-by-case basis. The board's recommendation to accept or deny the proposed
dedication shall be forwarded to the city council with supporting justification
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
explaining the recommendation.
(b) Land that is deemed to be unsuitable by the city parks and recreation board as
listed in subsection (a) of this section may be accepted by the city council, provided
that suitable land in the proper amount is dedicated which is contiguous with the
unsuitable land.
(c) Drainage areas may be accepted as part of a park if the channel is
constructed in accordance with city engineering standards, and if no significant area
of the park is cut off from access by such channel.
(d) Each park must have ready access to a public street.
(e) Unless provided otherwise in this section, an action by the city shall be by the
city council, after consideration of the recommendations of the planning and zoning
commission and the parks and recreation board and its recommendation to the city
council.
(Ord. No. 87-15, 96,1-27-1987; Code 1991, ch. 1,9 9.06(a)--(e); Code 1997, 9 78-
111 )
Sec. 78-77. Minimum park improvements.
In cases where land dedication is chosen, the following minimum criteria must be
adhered to by the developer, at the developer expense, prior to acceptance of the
improvements by the city:
(1) Grading and clearing of unwanted vegetation, to be determined by the city;
(2) Installation of sub-grade drainage. No open drainage channels will be
permitted on land being dedicated for park purposes;
(3) Provision of water and sewer service to the site; and
(4) Provision of adequate accessibility from the adjacent public street in
compliance with the Americans with Disabilities Act (ADA) and as approved by the
city park and recreation staff.
(Ord. No. 2004-01, 96,1-13-2004)
Sec. 78-78. Biennial review.
Prior to one year after the effective date of this ordinance, the park board shall review
the park land dedication ordinance and make any recommendations for revision to
the city council. Thereafter, at least once every two years, the park board shall review
the park land dedication ordinance and make any recommendations for revision to
the city council.
(Ord. No. 2004-01, 9 7, 1-13-2004)
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
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Sec. 78-79. Offense.
It shall be an offense for any person, firm, corporation or business entity to violate this
article. The penal provisions imposed under this Chapter shall not preclude the city
from filing suit to enjoin the violation. The city retains all legal rights and remedies
available to it pursuant to local, state and federal law.
(Ord. No. 2004-01, S 9,1-13-2004)
Secs. 78-80--78-100. Reserved.
ARTICLE V. PARK REGULATIONS
DIVISION 1. GENERALLY
Sec. 78-101. Hours open to the public.
(a) The municipal parks shall be open to the general public only between the
hours of 6:00 a.m. and 12:01 a.m. unless a ball game or other recreational or
community activity unexpectedly exceeds the 12:01 a.m. curfew, in which event the
time for closing the particular facilities involved will be extended to 1 :00 a.m., at which
time all activities in such facilities will cease, and the facilities will be closed to the
public until 6:00 a.m. the next morning.
(b) The curfew restrictions as provided in subsection (a) of this section may be
waived by the city council, on a case-by-case basis, on the written request of the
sponsor of an activity or event, if the council determines that such activity or event will
be conducted in such a fashion so as not to cause disruption of the peace of the
neighborhood, and not otherwise adversely effect the safety or welfare of citizens or
city facilities.
(c) It shall be unlawful for any person except for municipal employees engaged in
the performance of their official duties to be in any municipal park between the hours
of 12:01 a.m. and 6:00 a.m. unless one of the exceptions of this section apply.
(Ord. No. 78-18, art. I, S 1,6-13-1978; Code 1991, ch. 1, S 6.01; Ord. No. 93-45, S
1(6.01),10-12-1993; Code 1997, S 78-146)
Sec. 78-102. Parking.
(a) The city parks and recreation staff is hereby authorized to recommend areas in
which parking of motor vehicles should be prohibited, and/or hours during which
motor vehicle parking should be prohibited in any municipal park.
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
(b) It is hereby required that signs be erected marking the no parking areas. It
shall be unlawful for any person to park a motor vehicle within the designated no
parking areas in any municipal park, or recreation or community center facility or to
have a motor vehicle parked in any municipal park or recreation or community center
facility other than during designated hours in which parking is allowed.
(Ord. No. 78-18, art. 1,92,6-13-1978; Code 1991, ch. 1,96.02; Code 1997,978-
147)
Sec. 78-103. Feeding of animals.
It shall be unlawful for any person to feed any wildlife in any city park, recreation or
community center facility, except that breads, fruits, vegetables and nuts may be fed
to the birds and squirrels.
(Ord. No. 78-18, art. 1,93,6-13-1978; Code 1991, ch. 1,96.03; Code 1997,978-
148)
Sec. 78-104 (Reserved)
Sec. 78-105. Peddling and vending of articles.
It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to sell
any cold drinks, cigars, tobacco, cigarettes, fruits, candies, goods, wares or
merchandise of any kind or nature whatsoever within the municipal parks or
recreation or community center facility; provided, however, that this section shall not
apply to any person, organizations, firms or corporations, or the agents of any
person, or organization, firm or corporation, or employees of any person who are
recommended by the parks and recreation board and approved by the city council to
operate a concession or concessions for the sale of specified goods, wares, and
merchandise within the municipal parks or recreation or community center facilities of
the city.
(Ord. No. 78-18, art. 1,97,6-13-1978; Code 1991, ch. 1,96.06; Code 1997, 978-
150)
Sec. 78-106 to 78-107 (Reserved)
Sec. 78-108. Disorderly conduct.
It shall be unlawful for any person to willfully interfere with, disrupt, or prevent the
orderly conduct of any supervised play or amusement program being conducted by
the city parks and recreation department or a city sports association in any building,
swimming pool, playground or park area located in or on any public property within
the city.
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
(Ord. No. 87-27, 5-26-1987; Code 1991, ch. 1, S 6.09; Code 1997, S 78-153)
State law references: Disorderly conduct, V.T.C.A., Penal Code S 42.01.
Sec. 78-109. Offense.
It shall be an offense to violate the provisions of the fee schedule, or any part thereof.
In addition to being subject to penalty provisions an offender shall not be allowed the
permit, privilege or license to which the fee pertains.
(Ord. No. 99-8, S 2, 4-14-1999)
Sees. 78-110. Prohibited acts.
It shall be unlawful for any person to commit anyone or more of
the following acts in a park unless authorized by city staff in writing:
(1) To hitch, fasten, lead, drive or let loose, any animal,
reptile or fowl of any kind, provided that this shall not
apply to domestic animals as defined by the Animal
Control Code when led by a static cord or chain not more
than ten (10) feet long or a retractable cord not more
than fifteen (15) feet long, except in designated areas.
(2) To ride or drive any horse or other animal, except in
designated areas.
(3) To ride, drive or go at a rate of speed greater than the
posted speed limit, upon any bicycle, motorcycle, in-line
skates, automobile or any other vehicle whatsoever,
upon any parking lot or area, drive or street in any park,
provided however bicycles and in-line skating are allowed
on park trails;
(4) To ride, drive or park any motorcycle, automobile,
motorized scooter, or other motorized vehicle upon, over
or across any park, curb, sidewalk, grass, lawn, hike or
jogging trail or park land, except authorized City vehicles,
and in designated areas.
(5) To carry a firearm, except those persons who are duly
licensed by the State of Texas to carry a concealed
handgun in accordance with the provisions of the Texas
Concealed Weapons Act, as amended.
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
(6) To carry, (unless permitted under (5) above), or
discharge firearms, fireworks, bb guns, airguns, bows
and arrows, slingshots, blowgun, rockets or paint-ball
guns.
(7) To hit golf balls.
(8) To damage, move, cut, break, injure, deface or disturb
any tree, shrub, plant, rock, building, monument, fence,
bench, equipment or other structure, apparatus or
property, or to pluck, pull up, cut, take or remove any
shrub, bush, plant or flower, or to mark or write upon,
paint or deface in any manner any building, monument,
fence, bench, equipment or other structure.
(9) To cut or remove any wood, turf, grass, soil, rock, sand,
gravel, wood chips or fertilizer.
(10) To pollute the water of any fountain, pond, lake or
stream.
(11) To make or kindle a fire, except in picnic stoves, braziers,
fire pits or designated areas provided for that purpose.
(12) To place, abandon or leave garbage, cans, bottles,
papers, or other refuse in any public park except in
proper waste receptacles.
(13 ) To participate or engage in any activity or any public park
area when such activity will create a danger to the public,
a public nuisance, or cause damage to public park
property (Le., playing on fields deemed not fit for play by
city staff).
(14) To camp, sleep or stay overnight in any park.
(15) To remain, stay or loiter in any park between the hours of
12:01 a.m. and 6 a.m. of the same day, or remain, stay,
or loiter in any park except during the posted hours of
operation.
(16) To possess or consume any alcoholic beverages.
(17) To disturb in any manner any picnic, meeting, service,
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
concert, exercise or exhibition.
(18) To distribute, post, place or erect any static or mobile
advertising, handbill, circular bill, notice, paper or other
advertising device.
(19) To practice, carry on, conduct or solicit for any trade,
occupation, business or profession, or to circulate any
commercial petition.
(20) To place or dump any trash, refuse, solid waste, grass
clippings, leaves, or other objectionable or unsightly
matter in any park.
(21) To allow a domestic animal to defecate in any park
without immediate removal and disposal of such feces in
proper waste receptacles.
(22) To abandon, place, remove or Injure any animal,
domestic or wild, including but not limited to dogs, cats,
cows, horses, birds, mammals, reptiles, fowls, and
livestock; to catch and remove any fish when the person
is required to obtain a fishing license from the Texas
Parks and Wildlife Department, such persons being
restricted to catch and release only.
(23) Use of mechanical loudspeakers or amplified music,
sound, or voices except when authorized by the parks
and recreation staff, or in connection with use of the any
amphitheater provided the amplified music or sound is
within the prescribed levels governed by State or local
law, measured at the property boundary.
(24) To conduct or participate in any tournament, camp, or
organized sporting activity which has not been
specifically authorized by the parks and recreation staff
or which conflicts with a scheduled activity or event
authorized by the parks and recreation staff.
(25) To use glass containers.
(26) To violate any Park Rules which are conspicuously
posted at or near the main entrance to a park or park
facility.
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
(27) To operate any vehicle in a park facility parking lot after
normal hours of operation.
(28) To park or operate a commercial vehicle in park facility
parking lots except on official business or when attending
a park function.
(29) To park or operate any truck-tractor, trailer, semi-trailer,
pole-trailer in a park facility parking lot at any time, unless
there on official business.
Sec. 78-111 Penalty.
(a) Whenever in this Chapter or in any ordinance of the city an act is
prohibited or is made or declared to be unlawful, an offense or a
misdemeanor, or wherever in this Chapter or ordinance the doing of an act
is required or the failure to do any act is declared to be unlawful, and no
specific penalty is provided therefor, the violation of any such provision of
this Chapter or any such ordinance shall be punished by a fine of not
exceeding $500.00, except for:
(1) Violations of municipal ordinances that govern fire safety, zoning, public
health and sanitation, including dumping of refuse, in which case the
maximum fine shall be $2,000.00 for each offense; and
(2) Violations of traffic laws and ordinances which are punishable as a
class C misdemeanor shall be punished by a fine not to exceed
$200.00.
No penalty shall be greater or less than the penalty provided for the same or a
similar offense under the laws of the state.
(b) Each day any violation of this Code or of any ordinance shall continue
shall constitute a separate offense.
(Code 1991, ch. 1, 9 1.06; Code 1997, 9 1-9)
State law references: Ordinance, rule or regulation necessary to carry out other
powers, V.T.C.A., Local Government Code 9 51.001; amount of fine or penalty
imposed by the city, V.T.C.A., Local Government Code 9 54.001; abatement of
health nuisances, V.T.C.A., Health and Safety Code 9 341.011 et seq.; jurisdiction
of municipal court, V.T.C.A., Government Code 9 29.003.
Sec. 78-112--78-130. Reserved.
DIVISION 2. PARKING IN MUNICIPAL PARKS
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
Sec. 78-131. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
No parking means an area designated for unobstructed access on a street, path or
road.
(Ord. No. 96-26, 9 1, 7-9-1996; Code 1997, 9 78-186)
Cross references: Definitions generally, 9 1-2.
Sec. 78-132. Offense to violate division.
It shall be an offense to violate any provision of this division.
(Ord. No. 96-26, 9 5,7-9-1996; Code 1997, 9 78-187)
Sec. 78-133. No parking areas.
No parking shall occur where designated no parking signs are placed within municipal
parks. Only emergency vehicles will be allowed in these designated areas.
(Ord. No. 96-26, 9 2,7-9-1996; Code 1997,978-188)
Sec. 78-134. Signs and markers notifying public of no parking zones.
The city manager, or his designee, shall be responsible for installing markers and, if
necessary, signs to properly notify the public of the location of the no parking zones.
(Ord. No. 96-26, 93,7-9-1996; Code 1997, 9 78-189)
Sec. 78-135. Enforcement of division.
The no parking zone provided in this division shall in no way be obstructed. The
police department is authorized to issue citations and/or remove or cause to be
removed any material or vehicle other than an emergency vehicle which is
obstructing a no parking zone at the expense of the owner of such material or
vehicle.
(Ord. No. 96-26, 94,7-9-1996; Code 1997, 9 78-190)
Secs. 78-136--78-150. Reserved.
ARTICLE VI. WATERCRAFT REGULATIONS.
*State law references: Local regulation of public waters and lakes, V.T.C.A., Parks
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
and Wildlife Code 9 31.092.
Sec. 78-151. Public launching sites.
(a) Each of the public launching sites including, but not limited to, East Fork Park,
East Fork Marina, Avalon Park, Lavonia Park, Mallard Park, Little Ridge Park and
Pebble Beach Park, on Lake Lavon, City of Wylie, Collin County, are zoned "No
Wake Areas" and will be properly identified as such, by placement of at least two
"can" type buoys displaying "No Wake" encircled, 200 feet out from the launching
ramps and 200 feet apart.
(b) All public launching sites are zoned "No Swimming Areas" and will be
identified as such by placement of a sign which reads "Swimming and Bathing
Prohibited in Approaches to or on the Boat Ramps" or equivalent at each launching
site.
(Ord. No. 2002-4, 9 2, 10-22-2002)
Sec. 78-152. Watercraft prohibited.
(a) Each of the swimming areas on Lake Lavon, City of Wylie, Collin County,
including, but not limited to Little Ridge, East Fork, Avalon, Mallard and Pebble Beach
Parks are zoned "No Boating Area" and will be identified as such by placement of
"can" type buoys marked "Swimming Area -- Keep Out" 200 feet out and along the
perimeter of the swimming area which will be further identified by placement of a
"capsule" buoy line outlining the perimeter of the designated swimming area.
(b) In any area zoned a "No Boating Area", all watercraft are prohibited, including,
but not limited to, power boats, motor boats, personal watercraft, any motor-driven
craft and any wind- or man-powered crafts.
(Ord. No. 2002-4, 9 3, 10-22-2002)
Sec. 78-153. Water intake structures.
(a) Two North Texas Municipal Water Utilities intake structures. The water area
300 feet in front of both water intake structures owned and operated by North Texas
Municipal Water Utilities, is zoned as "Danger Areas" will be identified as such by
placement of a sign on the face of the structures which reads "Dangerous Current --
Stay 300 Feet Away," and/or buoys displaying the universal markings of a diamond
with inner cross and the words "Danger -- Keep Out."
(b) Garland Power Plant, inlet and outlet channels. The water area 300 feet in
front of the Garland Electric Power Plant intake structure and 300 feet below the end
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
of the outlet structure are zoned "Danger Areas" and will be identified by placement
of "can" type buoys displaying the universal markings of a diamond with inner cross
and words "Danger -- Keep Out" on a perimeter of 300 feet on the water side of both
structures.
(c) East Fork and Avalon intake structures. The water area 300 feet in front of the
water intake structures known as East Fork and Avalon are zoned as "Danger Areas"
will be identified as such by placement of a sign on the face of the structures which
reads "Dangerous Current -- Stay 300 Feet Away," and/or buoys displaying the
universal markings of a diamond with inner cross and the words "Danger -- Keep
Out."
(Ord. No. 2002-4, 9 4, 10-22-2002)
Sec. 78-154. Lavon Dam inlet and outlet structure.
(a) The water area 300 feet upstream on the Lavon Dam gate facilities is zoned a
"Danger Area" and will be identified as such by placement of "can" type buoys
displaying the universal markings of a diamond with inner cross and the words
"Danger -- Keep Out" on a perimeter of 300 feet upstream from the face of the gate
facilities.
(b) Also, due to the slippery surfaces and strong water current and undertow, the
immediate shoreline adjacent to the gate facilities is zoned a "Danger Area" and will
be so marked by signs reading "Restricted Area -- Keep Out."
(c) The water area below the dam to the railroad bridge approximately 400 feet
downstream, is zoned a "Danger Area" and will be so identified by signs reading
"Danger No Floats, Boats or Wading Beyond This Point" located to face downstream
and adjacent bank fishing areas.
(Ord. No. 2002-4, 9 5, 10-22-2002)
Sec. 78-155. Commercial marinas and/or floating concession facilities.
The water areas of marinas and/or concession areas under license agreement with
the U.S. Army Corps of Engineers on Lavon Lake are zoned "No Wake Areas" and
will be so identified by placement of "can" type buoys displaying "No Wake" encircled,
as prescribed by the Universal State Waterways marking system, on the perimeter of
the controlled area and/or upon approaches to the controlled area, whichever is more
practical.
(Ord. No. 2002-4, 9 6, 10-22-2002)
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
Sec. 78-156. Endangering life or property prohibited.
It shall be unlawful for any person to operate any boat or other watercraft on any
portion of Lake Lavon lying within the corporate limits of the city in such a manner as
to endanger life or property
(Ord. No. 2002-4, 9 7, 10-22-2002)
Sec. 78-157. Other areas.
Other areas where the city identifies a hazard to life or property may be designated
as "No Boating Area" or "No Wake Area" with installation of appropriate markings.
These areas may include future marina sites, barge areas, shoals, shoreline
abutments, and other water hazards.
(Ord. No. 2002-4, 9 8, 10-22-2002)
Sec. 78-158. Offense.
It shall be an offense to violate any portion of this article.
(Ord. No. 2002-4, 9 9, 10-22-2002)
ORDINANCE NO. 2005-37
AMENDING CHAPTER 78 (PARKS AND RECREATION)
*' C&S Media, Inc.
\!rbe j/'armwsuiUe \!rill1c~. Murphy Monitor. The Princeton Herald. The Sachse News. THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie
Ord. 2005-37
was published in said newspaper on the following dates, to-wit: Oct. 5, 2005
Subscribed and sworn before me on this, the
~
Chad Engbrock, Publisher
day of ~
, 2005
I~
to certify which witness my hand and seal of office.
,:~.,'.,.!~".',".", ,Tt?~~~; ADNAo~r~~~~f~Y
I "'1. State o!Texes
\1;'>\ ~
~'\':::~or:..,>i' My Comtri t:~v [.'1'02-07
t7 ___...__.._~
~__~~u___~_~~
~. i~~r.
. ' Notary Public in and or
The State of Texas
RECEIVED
NOV 0 3 2005
FINANCE
My commission expires 01102/07
Murphy/Sachse/Wylie Office' 110 N, Ballard' P,O, Box 369' Wylie, TX 75098' 972-442-5515' fax 972-442-4318
Farmersville/Princeton Office' 101 S, Main' p,o. Box 512' Fannersville, TX 75442' 972-784-6397' fax 972-782-7023
r
RECEIVED
October - 6, 2005 - C&S Media Publi ations - Section C - Page 5
iified A
.
slog
iHelal.Dl1i~es
City of Sachse, Texas
By: Mr. Bill Atkinson,
City Manager
13-lt-1370-191li
PUBLIC NOTICE
The Board of Adjustment
of the City of Sachse will
meet on Thursday, October
20, 2005 at 7:30 p.m. at
Sachse Library, 3815-C
Sachse Rd., to hear a
request from David
Newman for a variance at
property located at 6404
Hwy 78, further known as
Tract 7, Isaac Ramsey
Abstract 1248, City of
Sachse, Dallas County. The
applicant is requesting a
variance to reduce the min-
imum required side yard
iHelal .f)ti~es
variance from 15 feet to 2
feet. The public is invited
to attend and make com-
ments.
Munal Mauladad
Community
Development Director
972/675-1633
20-lt-1370-28 li
PUBLIC NOTICE
The Board of Adjustment
of the City of Sachse will
meet on Thursday, October
20, 2005 at 7:30 p.m. at
Sachse Library, 3815-C
Sachse Rd., to hear
request from Sid y
Hutchings and Glenda
Eller for a variance at prop-
erty located at 3311 WilIfw
ere,k Cl. furth" kn~
lielal .()l1i~es
Block B, Lot 6R, in the
West Creek Acres
Subdivision, City of
Sachse, Dallas County. The
applicant is requesting a
variance to reduce the min-
imum required side yard
setback from 50 feet to 28
feet. The public is invited
to attend and make com-
ments.
Munal Mauladad
Community
Development Director
972/675-1 33
20-lt-1370-28 .
At a Special Called
Meeting of September 20,
2005, the Wylie City
Council passed and
approved one (1) ordi-
nance.
liegal .()ti~es
ORDINANCE NO.
2005-37
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, AMENDING
CHAPTER 78 (PARKS
AND RECREATION) OF
WYLIE'S CODE OF
ORDINANCES; PROVID-
ING FOR A PENALTY
FOR THE VIOLATION
OF THIS ORDINANCE;
PROVIDING FOR
REPEALING, SAVINGS
AND SEVERABILITY
CLAUSES; AND PRO-
VIDING FOR AN EFFEC-
TIVE DATE OF THIS
ORDINANCE.
John Mondy, Mayor
ATTEST:
Carole Ehrlich, C:)
secret;?
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TexSCAN Week of
October 2, 2005
ADOPTION
Note: It is illegal to be paid for anything beyond
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CHILDLF.8S YOUNG COUPLE seeks to adopt.
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. ..... .
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