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80-M-16 t ',' " " , " ORDINANCE NO. ~O-M'" )[, AN ORDINANCE AUTHORIZING THE USE OF PARKS AND RECREATION AREAS OWNED AND CONTROLLED BY THE CITY OF SCHERTZ, TEXAS; NAMING THE TRACTS OF LAND DESIGNATED AS CITY PARKS; REGULATING POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN SUCH PARKS; STATING THE POLICIES AND REGULATIONS GOVERNING THE USE OF SUCH AREAS; ESTAB- LISHING A CURFEW TIME FOR PARK USAGE; PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE: REPEALING ALL ORDINANCES IN CONFLICT; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Schertz, Texas finds a need for guidelines concerning the use of public parks and recreational areas, swimming pool, ball diamonds, pavilions, and picnic areas and to re- peal present ordinance No. 77-M-l, and WHEREAS, there is a need to regulate the reserving of certain areas of parks and recreational areas, the fees for their use; and WHEREAS, there is a need to establish that no alcoholic beverages be permitted in or consumed in City parks and recreational areas, except as stated below; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I That the following tracts of land will be named as follows: 1. The 16.825 acre tract bounded by Oak Street, F.M. 1518 and Aero Avenue to be named G. W. Pickrell Park; and 2. The 10.023 and .559 acre tracts along Cibolo Creek to be named Cut Off Park; and 3. The neighborhood park in Lone Oak Subdivision to be named Lone Oak Park; and ., 4. The 12 acre tract bounded by the LoVaca Gathering Company right-of-way Oak Street and Aero Avenue to be named H. P. Thulemeyer Park. SECTION II That a request for use of City Parks for large group special use activities or special events will be in writing addressed to the City Manager. The request will contain nature of activity, approximate number of people expected, charges (if any) to citizens, if alcoholic beverages will be con- . ' . sumed, dates, hours and times use is requested; other pertinent informa- tion as may be requested by the City Manager. Approval of such use will be as shown below: 1. For large group special use activities, such as fairs, carnivals, and other such activities where fees are charged for entrance or participation in any activities; or where charges are made for consumable or non-consumable items, when approved by the City Council in accordance with Section V 1 B of this ordinance. 2. For special activities such as scouting or organized youth group activities or jamborees, etc., when approved in writing by the City Manager. 3. For other presently unforseen special events, when approved by the City Manager; and only when such permission will not constitute a nuisance to residents adjacent to any park area. SECTION III That all City parks be closed from 12:00 midnight to 6:00 A.M. daily and that it shall be considered a violation of this ordinance for any person or persons to use any part of the parks or park facilities during the above stated closed hours without written permission as approved by City Councilor City Manager as described in Section II of this ordinance. SECTION IV That alcoholic beverages may be possessed and/or consumed in all parks and recreation areas except H.P. Thulemeyer Park (ballfiera areas that in- clude the picnic area next to and including the Scout Hut); Lone Oak Park in Lone Oak Subdivision; and the swimming pool facility in G. W. Pickrell Park. SECTION V That the following regulations will apply in the utilization of City Parks and recreational areas: 1. Reservation Policies: A. (1) No reservation is required for small group (15 or less) usage of picnic areas. ",' (2) Reservations are required for special group activities' (16 or more) usage. (3) Reservations are made in person at the Municipal Complex Administrative offices during normal working hours. (4) There will be charged a reservation fee of $10.00 per day for each day of reserved usage. This fee is also assessed on the large pavilion and the small pavilion. There will be an "Electric Charge" based on the kilowatt hours used as determined from the beginning and ending reading of the meter for the small pavilion. "Electric Costs" for the large pavilion will be as determined by the City Manager. . (5) A minimum $10.00 cleanup fee will be charged on all reser- vations. A larger fee may be charged as determined by the City Manager, if anticipated costs to the City are greater than the minimum. B. Reservations and setting of fees for park areas, or the large pavtlion,ifor special use activities, such as fairs, carnivals, large cook outs, etc., will be determined by the City Council. C. The individual or group making reservations will be responsible for posting "Reserved" signs at designated area by 8:00 A.M. the day of reservation. These "Reserved" signs must include the name of party and time and date of reservation. D. The Parks and Recreation and Police Departments will be notified of time, date and type of group making reservations.. E. No musical groups will be allowed to perform in the City Parks without prior written permission of the City Manager. SECTION VI That the use and regulation of and the fee to be charged for each of the following facilities be listed in attachments as follows: 1. Attachment A - Ballfield Usage, as updated and approved by City Counci 1 annually. 2. Attachment B - Swimming Pool Facility Usage, as updated and approved by City Council annually. " " " SECTION VII That no motorized vehicles, except maintenance or emergency vehicles, will be allowed in any part of any park, except designated parking areas, without special permission of the City Manager. SECTION VI II That any portion or portions, sections, clauses or phrases of Ordin- ance No. 77-M-l of the City of Schertz, Texas, in conflict are hereby repealed. SECTION IX If any section, part of a section, phrase or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional for any cause whatsoever, such finding shall in no way affect the validity of the remaining sections and provisions of this ordinance which shall re- main in full force and effect. SECTION X Any person, firm, partnership, association Or persons, or corporation, or any agent or employee thereof, who shall violate any of the rules, regulations or provisions of this ordinance, or any part of it or any portion thereof, by any act either of commission ,or omission, or cause the same to be done, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in an amount not exceeding $200.00 for each and every violation. Each violation of each part or any part of this ordinance shall be and constitute a separate offense; and where such violation is a con- tinued act, each day such violation is continued, or permitted to be-continued shall be a separate offense, and shall be punishable accordingly. SECTION XI The public importance of this measure constitutes and creates an urgent public necessity requiring that this ordinance be passed and take effect as an emergency measure, and shall take effect and be in force immediately upon and after its passage. PASSED. APPROVED AND AOOPTED this the 1'1 day of . ~. _ 19 ?iO ' ATTEST: , , ' , , " . , .. . . , , ATTACHMENT "A" USE AND REGULATIONS OF BALLFIELD AREAS 1. The use of ballfield parks will be opened to the public any time during the year except as follows: A. Scheduled league play will have reservation of ballfield as outlined by the schedule filed with the City Manager. When there is a league scheduled, use of ball fields will be limited to league use for scheduled practice with no charge to the league for reservations except for the "Electric Charge" per ballfield if 1 ights are used. B. Reservations for ballfield usage by others than league teams may be approved by the City Manager when fields are not in use by leagues. Reservation'of Adult softball (A-3) field for tournaments and special events on weekends may be approved; however, reservation of A-3ballfield on Saturday and Sunday for practice will not be approved. A permit is required for reservations for other than the above. Such reservation will be limited to special group requests with a fee of $10.00 per day use and an "Electric Charge" for electricity usage. C. Leagues will be assessed a seasonal fee of $25.00 per team to defray the cost of ballfield maintenance (i.e. daily condition- ing of playing area to include dragging infields, chalking re- quired lines and policing trash in and around ballfield complex.) In addition, each league will be assessed an "Electric Charge" for electricity usage during the scheduled season. The $25.00 } per team seasonal fee may, at the option of the City Manager, be waived if all of the following conditions are met throughout the entire course of the league: (1) Leagues provide bases, pitchers plates and home plates. (2) Leagues provide daily conditioning of playing areas, as reflected above. (3) Leagues maintain parking area and ballfield complex cleanliness after each day's use. If the above conditions are not met for the entire course of the league, pro rata charge of the seasonal fee may be assessed. ,0 " " " " " ',' ': '. D. Any invitational tournament will be charged the base fee of $30.00 per team entering the tournament and an "Electric Charge" will be assessed for electricity usage. The three-step option available to the City Manager in paragraph "C" above will apply in this section when sadi tournements are hosted by local leagues. E. All groups or organizations wishing to use ballfields for league play must submit a written request to the City Manager showing all of the following: (1) group or organization (2) name of league (3) name, address, home and employment ~hone numbers of league representatives. (4) number of teams in league (5) dates of season (6) number of ballfields needed (7) shcedule of time and date of games and scheduled practice. (8) date of playoff tournaments at end of season. F. Leagues may install commercial advertising signs on the outfiled fences during the scheduled league season. However, signs must be secured in such a manner as not to endanger players or create a condition harmful to other users of the ballfields. In addi- tion, when signs become damaged or unsuitable for their adver- tisement value because of weather or other conditions, they shall be replaced or removed. e. . ATTACHMENT "B" USE AND REGULATIONS OF SWIMMING POOL FACILITY l. Establishing fees for swimming pool rates: A. $0.50 per swimmer per day B. Season Pass Rates: Schertz Res idents : Out of City Individual Rate $15.00 Individual Rate $20.00 Two Persons $25.00 Two Persons $30.00 Three Persons $ 32.00 Three Persons 137.50 Four or more Persons $ 35 . 00 Four or more Persons ,40,00 C. After July 15th, one hal f cost on all season pass rates. D. Swimming Lesson Rates - per Lesson Course Schertz Residents: Out of Ci ty Each Person $15.00 Each Person $18.00 2. REGULATIONS A. Children under 7 years of age must be accompanied by a responsible person 15 years of age or older. B. Persons in street clothes will be allowed in authorized area only. C. Admittance to the pool may be refused for the following reasons: (1) Where it is apparent the individual is physically unable to care for hi mse 1 f. (2) Drunkenness (3) Any kind of contagious disease. (4) Any person, in the opinion of the pool manager or senior lifeguard, whose behavior would be detrimental to the operation of the swimming pool. D. Conduct of persons in the pool area. (1) All patrons shall abide by the posted hours and any person in violation thereof shall be considered in violation of this ordinance. approved by Council 2-17-87 . ". .0 . 3. Reservations. A. Minimum rental time is two hours. B. Fees are based on the following: Schertz Residents 1 to 50 persons 51 to 100 persons 101 tod200 persons 200 to 293 (limit) $25.00 $30.00 II:, $50.00 $75.00 Out of City 1 to 50 Persons 51 to 100 Persons 101 to 200 200 to 293 (linit) $50.00 $65.00 $100.00 $150.00 These'fees include 9uard supervlision, operation of pool (such as util ities.chemicals, etc.) maintenance and cleaning. C. All pool regulations which apply to the general public must be observed. In addition, children and youth groups must be accompanied by at least one adult chaperon. D. Reservations will be made by adults only, in person. E. All reservation fees must be paid at the time reservation is made.