Chapter 25 PARKS AND RECREATION ARTICLE I. IN GENERAL Sec. 25-1.

Definitions.

Sec. 25-2.

Establishing hours of operation for parks.

Sec. 25-3.

Establishing user fees and regulations for parks.

Sec. 25-4.

Use prohibited during certain hours.

Sec. 25-5.

Exception and additional restrictions.

Sec. 25-6.

Park curfews.

Sec. 25-7--25-11. Reserved. Sec. 25-12.

Interpretation and severability.

Sec. 25-13.

Possession of Glass Beverage Containers in City Outdoor Parks and Indoor Recreation Facilities.

Section 25-14. Consumption or Possession of Alcoholic Beverages In Jones Park and Temple Skate Park Prohibited. ARTICLE II. PARKS AND RECREATION BOARD Section 25-16.

Created.

Section 25-17.

Purposes.

Section 25-18.

Membership.

Section 25-19.

Quorum; voting.

Section 25-20.

Chairman and meetings.

Section 25-21.

Appointment and terms.

Chapter 25 PARKS AND RECREATION ARTICLE I. IN GENERAL Sec. 25-1. Definitions. As used in this chapter, the following terms, names, words and phrases shall have the meanings in this section given them: (a) Public park or playground shall mean a park, playground, recreation area, together with parking lot, which is operated, maintained and controlled by the City of Temple and heretofore platted, dedicated and designated as a public park within the City of Temple. (b) Peace officer shall mean a sworn officer of the law, certified by the State of Texas or employed by a federal agency, with law enforcement duties and employed by the City of Temple, Bell County, the State of Texas or the federal government. (c) Firemen shall mean and include any person employed by and in the employ of the City of Temple Fire Department. (d) Utility company employees shall mean an employee of the City of Temple Water and Sewer Department, Southwestern Bell Telephone Company, Texas Power and Light Company, or any other firm or corporation having a franchise from the City of Temple and keeping and maintaining transmission or service lines in the park. (e) Scope and course of their employment shall mean actually on duty and being paid by their employer at the time and performing an assignment, job or task for the employer which benefits the general public or serves the purpose for which the employer was given a franchise by the City of Temple. Sec. 25-2. Establishing hours of operation for parks. The city manager is hereby authorized to establish the hours of operation for all facilities within public parks and playgrounds. Sec. 25-3. Establishing user fees and regulations for parks. The City Council authorizes the City Manager, or his designee, to establish usage fees, rental rates, and policies and regulations governing the use of all facilities, property, equipment or programs managed or operated by the Parks and Leisure Services Department now or in the future, including but not limited to , the Frank W. Mayborn Civic and Convention Center; the Gober House; athletic ball fields; tennis courts; skate parks, swimming pools; picnic pavilions, recreation membership rates; player fees; program fees; and recreational or athletic equipment, except where the City Council has specifically

retained rate making or use regulating authority (e.g., Sammons Park Golf Course). The Staff will provide the City Council with an annual updated fee schedule and regulations governing the use of its facilities, equipment and programs above each September with a summary of changes adopted during the previous year. Sec. 25-4. Use prohibited during certain hours. It shall be unlawful for any person to remain in, enter into or trespass upon any public park or playground during the hours the park is closed to the public, as established in this chapter and evidenced by a sign posted at each entrance to the park or playground, giving notice of the hours the park or playground is open and the hours it is closed. It is a defense to prosecution that a person charged with violating the curfew of a public park or playground is a utility company employee, fireman or peace officer acting within the scope and course of their employment at the time of the alleged offense. Sec. 25-5. Exception and additional restrictions. The chief of police is authorized to vary the hours of operation for a public park or playground during an emergency when, in his opinion, such action is necessary to protect the public safety, prevent a riot or preserve the peace. The chief of police may order the closing of any public park or playground for a period of twelve (12) hours and, with the approval of the city manager, for longer periods of time. Sec. 25-6. Park curfews. Park curfews shall be set by resolution of the City Council. Curfews do not apply to events conducted or co-sponsored by the Parks and Leisure Services Department. Sec. 25-7--25-11. Reserved. Sec. 25-12. Interpretation and severability. This chapter shall not be deemed to prohibit a constitutionally protected activity and shall be so interpreted by the courts. If any section, subsection, clause, phrase or provision of this chapter is held unconstitutional or invalid by the courts, such holding and decision shall not affect the validity of any of the remaining portions of this chapter, it being the legislative intent that this chapter not apply to constitutionally protected conduct shall stand notwithstanding the invalidity of any par. [sic] Sec. 25-13. Possession of Glass Beverage Containers in City Outdoor Parks and Indoor Recreation Facilities. It shall be unlawful for any person to bring into or upon the outdoor sections of any City park or other City property managed by the Parks and Leisure Services Department, or have in his possession while thereon, any glass drinking containers of any kind. This provision shall not apply to glass baby bottles, glass-lined vacuum bottles, glass-lined picnic beverage coolers, and glass jars. This provision shall not apply to possession of any glass

drinking containers inside City recreational facilities or other facilities managed by the Parks and Leisure Services Department so long as such possession is compliant with City policy at the time. Section 25-14. Consumption or Possession of Alcoholic Beverages In Jones Park and Temple Skate Park Prohibited. No person shall consume, or possess with the intent to consume, an alcoholic beverage within the confines of Jones Park or Temple Skate Park. ARTICLE II. PARKS AND RECREATION BOARD Section 25-16. Created. There is hereby created the parks and recreation board. Section 25-17. Purposes. The board shall have the general purpose of advising the city council and the director of parks and recreation on matters relating to the city's parks and recreational programs. Section 25-18. Membership. The board shall consist of nine (9) residents of the City of Temple. The city manager shall be an ex officio member of the board. Section 25-19. Quorum; voting. Five (5) members of the board shall constitute a quorum. A majority of those present shall be sufficient to approve or disapprove any matter before the board provided that a quorum is present. Section 25-20. Chairman and meetings. The board shall select one of its members as chairperson and shall adopt its own rules and methods of procedure. Section 25-21. Appointment and terms. Except as provided herein, the members of the board shall be appointed by the mayor, subject to the approval of the city council, for three-year terms. The two current members of the board whose terms expire in 1993, and three current members of the board whose terms expire in 1994, shall continue to serve on the board until their terms expire. The mayor, with the approval of the city council, shall appoint three new members for a three year term, and one new member for a one year term after adoption of this ordinance. In the event of a vacancy in any previously appointed position, the mayor, with the approval

of the city council, will appoint an individual to fill the unexpired term.