CHAPTER 21

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(originally adopted by Ord. No. 479, §1, 7/12/99)

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It is the intent of the City that traditional public fora, such as outdoor public parks, shall be available to all persons on an equal access basis, subject to such reasonable regulations as are necessary to assure the maximum lawful enjoyment and safe use of those parks and facilities. All persons are welcome to use city parks for peaceful assembly.

(a) All persons are encouraged and invited to use city parks for any and all peaceful assembly, so long as that assembly is not in conflict with the United States and Texas Constitutions and with opinions of the United States Supreme Court.

(b) Because of the popularity of the use of city parks, it is necessary for the general enjoyment and safety of the general public to regulate and schedule the use of city parks for the maximum benefit of all concerned, so as to eliminate conflict and maintain harmony of use.

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates different meaning:

(1) Applicant. Any person that applies for a park use permit.

(2) Application. Process by which an Applicant submits a request to use all or any part of a city park. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an Applicant to the City concerning such request.

(3) City. The City of West Columbia, Texas.

(4) City Park. Any tract or parcel of land owned and maintained by the City and designated by the city for recreational use by the general public.

(5) Parks Commission. The Commission established and appointed by the City, from time to time, under section 2-181 of the Code of Ordinances of the City.

(6) Person. Any natural person, firm, partnership, association, corporation, company, group or other legal entity, private or public, whether for profit or not for profit.

(7) Weapon. Any firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury.

(a) Persons desiring to use the city parks for meetings, rallies or other purposes shall apply for a use permit at the City Hall. It shall be unlawful to hold any group meetings, rallies or other group activity on city park property unless a permit for such event has been issued by the City.

(b) Application for use of a park for group meetings, rallies or other activities shall be made at the City Hall at least fourteen (14) days prior to the event, and shall contain such information as may be reasonably required by the City, from time to time, as set forth on an Application form which may be obtained at the City Hall. In order to constitute a valid Application under this section, the form must be completed in its entirety and submitted to the City Hall by the deadline provided.

(a) Rental fees for the pavilion, facilities and other areas of the parks shall be formulated by the parks commission and approved by City Council to include rules on the leasing of the pavilions, facilities or other portions of the parks for more than one (1) day and the rates to be charged for their use.

(b) Rental use fees for the pavilions, facilities and other areas shall be posted by and available at the City Hall.

(c) Any nonprofit event cosponsored by the city may have the use fee waived by the city manager.

Charitable, political or nonprofit organizations may use city park facilities and charge a fee for an event so long as the event does not effectively exclude the general public from the use of the entire park in question. However, it shall be unlawful for any person, group or entity to charge a public admission fee or event fee for entrance to a public park.

It shall be unlawful for any person to be in or upon any city park between the hours of 10:00 p.m. and 5:00 a.m., central standard time or central daylight savings time, as applicable, except in conjunction with a previously scheduled event which has been approved and authorized by the City in accordance with the provisions of this chapter, and then, it shall be unlawful for any person to be in or upon the park in question later than the termination time for the event in question as approved and authorized by the city.

(a) It shall be unlawful for any person to swim in any city owned lakes, ponds, or other water ways, excepting only city operated swimming pools.

(b) Entry upon and use of city operated swimming pools shall be subject to compliance with such rules and regulations regarding those pools as may, from time, be proposed by the Parks Commission and approved by the City Council. Failure to observe those rules and regulations shall, in addition to the monetary fines providing below, subject the violator to immediate expulsion from the city park in question.

(a) It shall be unlawful to use trotlines, throw lines, seine nets, or any device for catching fish other than a single hook on a hand held fishing rod or line in any city park.

(b) It shall be unlawful for any person who is not lawfully authorized and/or licensed to fish in public waters within the State of Texas to fish in any city park.

(c) It shall be unlawful for any person to retain, place on a stringer, or intentionally injure or kill any fish less than the lengths indicated below for various species, with any undersized fish to be immediately released and returned to the lake.

(d) It shall be unlawful for any person to catch in any day more than the number of fish specified below which meet or exceed the minimum size specified.

1. Large Mouth Bass 2 14 inches

2. Channel Catfish 3 12 inches

3. All other species none no limit

(a) Any person selling food in a city park must, at the time of submitting the Application for use of the park, provide to the city manager copies of any and all health permits required under state law or local ordinance. It shall be unlawful for any person to sell food in a city park without having first obtained any and all health permits required under state law or local ordinance.

(b) It shall be unlawful for any person to solicit, sell, or take orders for, or offer to sell or take orders for any goods, wares, merchandise, services, photographs, or other items within a city park without first having obtained a license in accordance with article IV of chapter 10 of the Code of Ordinances of the City.

(c) It shall be unlawful for any electrical work, whether repair or new construction, to be performed in a city park without such permits as are otherwise required by the city Code of Ordinances.

(d) It shall be unlawful for any person to have, possess, or maintain any animal, as defined in article 1 chapter 3 of the Code of Ordinances of the city, in a city park unless that animal is secured by a leash or lead.

(e) It shall be unlawful for any person to bring into, have, or maintain any weapon in a city park, other than any weapon maintained within a vehicle, as and to the extent permitted in a public place or on a public highway by State Law.

(f) It shall be unlawful for any person to dispose of any litter in a city park other than 'such litter as may be placed in and completely enclosed by such litter receptacles as are then available in the park.

(g) It shall be unlawful to possess or consume any alcoholic beverage in any city park.

(h) It shall be unlawful to use or possess any illegal drug or controlled substance in a city park, it being the intention of the City Council to and they do hereby declare all city parks to be drug free zones.

(i) It shall be unlawful for any person to possess, throw, use, use for littering, or dispose of any glass beverage bottle or container in any city park.

(a) It shall be unlawful to park a vehicle at any location within a city park other than in designated areas.

(b) It shall be unlawful to operate, possess or use any motorized vehicles, bicycles, skate boards, or in-line skates on or about walking trails or under the pavilion.

(c) It shall be unlawful to use motorized vehicles at any location within the park other than in designated parking lots and paved roadways.

(d) It shall be unlawful to use bicycles, skate boards, or in-line skates other than in entering, exiting, and/or within the paved parking areas within the park.

It shall be unlawful for any person, group or entity to install, erect, affix or to attach (by whatever means) any religious symbols, on or to city property. Such forbidden symbols shall include those symbols of the Church of Satan and the satanic cult religions and atheism as well as each and every recognized world religion. Such symbols would include crosses, creches, Stars of David, the crescent and any similar symbol of a religion or cult. However this does not prohibit persons, groups or entities from possession or displaying these symbols while the persons, groups or entities are on city property as long as the symbols are not affixed or attached to city property. The city, in the spirit o neutrality, hereby expresses its intent never to endorse, advance, sponsor, inhibit or engage in the prohibition, promotion or establishment of religion or any religion in specific.