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Ordinance 1978-18 ORDINANCE # 78-18 ~ AN ORDINANCE REGULATING THE USE OF PARK & RECREA- TION FACILITIES AND CREATING THE PARK AND RECREA- TION BOARD FOR THE CITY OF ~~LIE, TEXAS. ARTICLE I - CITY PARKS AND RECREATION FACILITIES REGULATIONS HOURS OPEN TO THE PUBLIC; RESTRICTION OF PARKING; FEEDING OF ANIMALS; MISTREATMENT OF ANIMALS; VAN- DALISM; USE OF INTOXICATING BEVERAGES; PEDDLING, VENDING OF ARTICLES; HORSEBACK RIDING; SPEED LIMIT OF VEHICLES. ARTICLE II - PARKS AND RECREATION BOARD CREATION OF BOARD; COMPOSITION, APPOINTMENT, AND COMPENSATION; TERM OF OFFICE; REMOVAL OF MEMBERS; VACANCIES; OFFICERS; MEETINGS; JURISDICTION; LIMIT- ATIONS. ARTICLE III - PENALTY AND SEVERABILITY PENALTY; SEVERABILITY. WHEREAS, the Parks, Parkways, Recreation, and Community Center Facilities of the City of Wylie, Texas, are created for the use and enjoyment of all the citizens of the City of Wylie. WHEREAS, certain regulations are deemed to be neces- sary for the environmental and property protection of such Parks, and Recreation and Community Centers, in order that they may continue to be used by citizens of the future; and WHEREAS, it is deemed useful to create and appoint mem- bers to a committee to be known as the WYLIE PARKS AND RECREATION BOARD, to provide for the establishment of Parks, Recreation and Community Center Facilities, to promulgate regulations and oversee the operation of Com- munity Parks, Recreation and Community Center Facilities; now, therefore, BE IT ORDA1!'IED BY THE CITY COUNCIL OF ..YLIE, TEXAS, The Following; ARTICLE I - CITY PARKS AND RECREATION FACILITIES SECTION I: HOURS OPEN TO THE PUBLIC. The Community Parks, Recreation and Community Center, shall be open to the general public only between the hours of 6:00 A.M. and 12:01 A.M., un- less a ball game or other Recreational or Community Activity unexpectedly exceeds a time required to close at 12:01 A.M.; then in that event the time for closing the particular Facili- ties involved will be extended to 1:00 A.M., at which time all activities in such facilities will cease, then the facilities will be closed to the public until 6:00 A.M. the next morning. It shall be unlawful for any person except members of the Police and Fire Departments or employees of the Parks Depart- ment 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 the forgoing exception applies. SECTION 2: RESTRICTION OF PARKING. The Wylie Parks and Recreation Board is hereby authorized to designate areas in which parking of motor vehicles is prohibited, and/or ,hours during which motor vehicle parking is prohibited in any Com- munity Parks, Recreation or Community Center Facility. It is hereby required that signs be erected marking the "No Parking" areas and giving restricted hours during which motor vehicles may not be left parked. It shall be unlawful for any person to park a motor vehicle within the designated "No Parking" areas in any Community Parks, Recreation or Community Center Facility or to have a motor vehicle parked in any Community Parks, Recreation or Commun~tr Center Facility other than during designated hours in which parking is allowed. SECTION 3: FEEDING OF ANIMALS. It shall be unlawful for any person to feed any animal in Community Parks, Recrea- tion or Community Center Facility, except that breads, fruits, vegetables, and nuts may be fed to the birds and squirrels. SECTION 4: MISTREATMENT OF ANIMALS. It shall be unlaw- ful for any person to tease, mistreat, or annoy any animal, directly or indirectly, in the Community Parks, Recreation or Community Center Facility, and it shall also be unlawful for any adult person to permit any child or children of their own, or under their control or custody to play with, tease, mistreat, or annoy any animal in such Facilities. SECTION 5: VANDALISM. It shall be unlawful for any per- son to mutilate, deface, or destroy any property of any kind or nature whatsoever, including but not limited to, plants, trees, and grass in the Community Parks, Recreation or Community Center Facility. SECTION 6: USE OF INTOXICATING BEVERAGES. It shall be unlawful for any person to sell, give away, or drink any beer or intoxicating liquor of any king or nature whatsoever within the Community Parks, Recreation or Community Center facility~ of the Wylie Area. SECTION 7: PEDDLING, VENDING OR ARTICLES. It shall be unlawful for any person to solicit for sale, vend, peddle, sell, or offer to sell any cold drinks, cigars, tobaccos, cigaret- tes, fruits, candies, goods, wares, or merchandise of any kind or nature whatsoever within the Community Parks, Recreation or Community Center Facility of the Wylie Area; provided, however, that this section shall not apply to any person, organizations, firms, or corporations, or the agents of any person, or organi- zation, firm, or corporation, or employees of any person who, are approved by the Parks and Recreation Board and contracted by The City to operate a concession or concessions for the sale of specified goods, wares, and merchandise within the Community Parks, Recreation or Community Center Faciliti~s of Wylie, Texas. SECTION 8: .iORSEBACK RIDING. It sha~_ be unlawful to ride or lead a horse or pony anywhere or any place within the Community Parks, Recreation or Community Center Facilities, except on streets or paths designated by signs for such purpose. SECTION 9: SPEED LIMITS FOR VEHICLES. It shall be unlaw- ful to operate any motor vehicle of any kind or nature whatso- ever or any bicycle or motor bike at a speed in excess of twenty (20) miles per hour within the Community Parks, Recreation or Com- munity Center Facilities. ARTICLE II - PARKS AND RECREATION BOARD SECTION I: CREATION OF BOARD. There 1S hereby created 1n and for the City of Wylie and for the surrounding Community, the WYLIE AREA PARKS AND RECREATION BOARD. Hereinafter, referred to as PARKS AND RECREATION BOARD. SECTION 2: COMPOSITION~ APPOINTMENT 1 AND COMPENSATlON, The membership of the Parks and Recreation Board shall be composed of nine (9) members, five (5) who must be residents of the C~ty~ the other four (4) who must be residents of the Wylie Independent School District. Futher, at least one member of the Board shall be a mem- ber of and represent the City Council, the Wylie Area Chamber of Commerce, The Wylie Sports Association, and Wylie Independent School District. SECTION 3: TERM OF OFFICE. Each member of the Parks and Re- creation Board shall serve for a period of three (3) years1 except for the initial Board which shall be established with staggered terms of one (1), two (2), and three (3) years. The City Council designate the term of office for each member appointed to the initial Board. The effective date of the initial appointment of the Board shall be July 1, 1978. SECTION 4: REMOVAL OF MEMBERS. from office any member of the Parks cause deemed by the City Council to City and surrounding Community. The City Council may remove and Recreation Board for any be in the best interest of the SECTION 5: vACANCIES. Should a vacancy occur in the mem- bership of the Parks and Recreation Board, the City Council shall appoint a successor for the unexpired term. SECTION 6: OFFICERS. The Parks and Recreation Board shall be organized by electing one Chairman, one Vice-Chairman, one Secretary, and one Assistant Secretary. The officers of the Board shall serve for one year or until their successors are appointed/elected and qualified. This provision shall not oper- ate so as to extend the term of any Board. Member. SECTION 7: MEETINGS. The Parks and Recreation Board shall hold meetings as may be determined by it and may set regular me- eting dates as frequently as the Board may desire. Special meet- ings may be called for the transaction of any business, and a quorum of members of the Board at any meeting shall be determin- ed as a minumum of the majority thereof. All meetings of the Parks and Recreation Board shall be public, but the meeting place may be designated by the Parks and Recreation Board; . meetings do not have to be held at the City Hall. SECTION 8: JURISDICTION. The jurisdiction of the Parks and Recreation Board shall be to work with any individual or group for the development, construction, and beautification of any Park, Parkway, Recreation, or Community Center Facility, under the jur- isdiction of the City, and to advise and counsel with the City .Council in it's development, construction, and beautification of any such Parks, Parkways, Recreation and Community Center Facilities under the jurisdiction of the City. 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, Parkway, Recreation and Community Center Facilities and for the regula- tion of their use. SECTION 9: LIMITATIONS. The Parks and Recreation Board shall not have any authority to make contracts or create any legal obligation or liability for the City of Wylie. ARTICLE III - y~NALTY AND SEVERABILITY. SECTION l: PENALTY. Any person violating any provIsIon of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not more than two hundred dollars ($200). Each transaction in viola- tion of any of the provisions hereof shall be deemed a seper- ate offense. SECTION 2: SEVERABILITY. It is hereby declared to be the intention of the City Council that the sections, para- graphs, sentences, clauses, and phrases of this Ordinance are separable, and, if any phrase, clause, sentence, paragraph, or section shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent juris- diction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of unconstitutional or invalid phrases, clauses, sentences, paragraphs, or sections. PASSED AND APPROVED THIS 13th DAY OF JUNE, 1978. , : ;?;f! ;>/ &:,} John W. AkIn Mayor -,-' '-. '.-',,- . ~,~ ,'. ATTEST: '~LD UJ. E~ Barbara Ellis City Secretary