Item `. 1H Consider^ and disc~_tss appr^oving and adopting r^~_iles and reg~_tlations for^ Co~.inty F'ar^ks. tCommissioner^ Fact. #~7 The Co~_~r^t d].sclls5ed with h1r^. Kollar^d the r^~_-les that need to be revised. This item is to tae pint back on the agenda for^ the next meeting and each Commissioner^s is to have two peo~ale to appoint to a committee for^ r^ules and r^ega~lations for^ Co~_~nty F'ar,ks. COMMIS, _ONERS' COURT A1GENDA I~~~ UEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS RE UEST AND D C ENTS -'~ TO BE REVIEWED BY THE COURT. MADE BY: BUTCH LACKEY OFFICE: Commissioners Court MEETING DATE: July 14. 1997 TIlVIE PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approving and adopting rules and re~.ilations for County Parks. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF 1~ERSONNEL MATTER -NAME OF EMPLOYEE: Commissioner Pct. #2 Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Monday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Conunissioners' Court. COUNTY OF KERR, STATB OF TBXAS ORDER DATED: AN ORDER ENACTING RULES AND REGULATIONS GOVERNING PARK AND RECREATION AREAS OF AND IN THE COUNTY OF KERR, STATE OF TEXAS AND PROVIDING A PENALTY FOR VIOLATIONS THEREOF AND A SEVERABILITY CLAUSE. WHEREAS, the Kerr County Commissioners' Court of Kerr County, Texas finds that it is necessary and desirable to enact rules and regulations governing conduct in Kerr County's parks and recreation areas and to provide for a penalty for violations of such rules and regulations. NOW, THEREFORE, BE IT ORDAINED BY THE KERR COUNTY COMMISSIONERS' COURT OF KERR COUNTY, TEXAS: THAT Exhibit "A" attached hereto and incorporated herein by reference is hereby adopted by the County of Kerr, State of Texas. PASSED AND APPROVED ON FIRST READING this day of , 1997. ROBERT A. DENSON KERR COUNTY JUDGE PASSED AND APPROVED ON SECOND READING this day of , 1997. ROBERT A. DENSON KERR COUNTY JUDGE ATTEST: PAT DYE KERR COUNTY CLERK APPROVED AS TO FORM: THOMAS W. POLLARD KERR COUNTY CIVIL ATTORNEY 1 EXHIBIT "A" RULES AND REGULATIONS FOR PARK AND RECREATION ARBAS Section 1. GENERAL AUTHORITY. The County of Kerr shall have and shall exercise the power to control all activities, hours of visitation, and days and times of opening to the public in all County Parks and Recreation areas in order to properly protect the citizens of this community. The said Parks and Recreation areas shall be under the direct supervision of the Kerr County Judge, the Kerr County Commissioners and the Sheriff of Kerr County. These officials shall have the authority to delegate their power of supervision to other employees of the County, including but not limited to the Sheriff's officials and deputies of the County of Kerr. The Sheriff's department of the County of Kerr is charged with the responsibility of supervising and maintaining law and order in all of the County Park and Recreation areas in order to protect the peace, health, safety and general welfare of the public. In order to carry out this provision, the Sheriff's department, and any and all officers therein, shall have the authority to make any arrests for violation of any state law, City Ordinance, or County regulations. Section 2. SPECIAL EVENTS. Special events to be held in County Parks and Recreation areas shall obtain a Special Events permit from the Kerr County Judge. Section 3. CLOSING HOURS. All of the County Parks and Recreation areas shall be open daily to the public during the hours of 1 6:00 a.m. and 10:00 p.m., except as provided hereafter. They shall be closed by orders of the Kerr County Judge, any authorized Parks' personnel and/or the Sheriff of Kerr County or an authorized deputy or police officer for the purpose of rehabilitation, cleaning, general supervision, or to protect the health, safety and general welfare of the public. A person or group may request prior written special permission to use such areas during the hours they are normally closed from the Kerr County Judge. It is unlawful for any person to enter or remain in a County Park or Recreation area during hours when they are closed as set out above without the effective written consent of the Kerr County Judge and the person: (1) Had notice that the entry was forbidden; or (2) Received notice to depart but failed to do so. For purposes of this Section, "entry" means the intrusion of the entire body and "notice" means an oral or written communication by the Kerr County Judge, or any authorized Parks' personnel, or the Sheriff of Kerr County or any deputy or police officer; or fencing or other enclosure obviously designed to exclude intruders during the closed hours; or signs posted to be reasonably likely to come to the attention of intruders. For the purposes of this Section, "County Park and Recreation area" includes all areas of the same used for parking of vehicles. Such parking areas shall be defined as county streets road and shall be supervised and regulated by the Sheriff's department of the County of Kerr as all county streets and roads are. Further, the prohibition in this Section includes individuals who are sitting inside their vehicles while parked in any of the parking areas. 2 Section 4. JUMPING, DIVING, ETC. It shall be unlawful for any person to: 1. Stand, walk, run, sit, jump, dive or do any other act on or off any park dams in any County Park or recreations area or to swim through the openings of any said dams, or attempt to wade or swim through or over said dams. 2. Enter any lake, river, stream or waterway by jumping, diving or doing any other dangerous act on or off any bridge, street, highway, appurtenance, publicly owned land or public right-of-way. 3. Jump, dive or do any other dangerous act from trees, platforms, high banks, dams or other walkways to enter streams, rivers or waterways along, or over a part of public property or public right-of-way. Section 5. OVERNIGHT CAMPING, PARKING, ETC. It is unlawful within any County owned park or playground to: 1. Camp overnight; or 2. Park any portable building, camping unit of any type, or motor vehicle overnight; or 3. Allow any equipment or activity between the hours of 10:00 p.m. and 6:00 a.m. the next day; and 4. The person had notice the activity was forbidden or received notice to cease or remove the violation and failed to do so. Notice shall be as defined in Section 3 above. The only exception to this Section shall be with prior written approval granted by the Kerr County Judge. Section 6. VEHICLES. A. It shall be unlawful in a County Park 3 or Recreation area or golf course for any person to: 1. Drive any motor driven vehicle into, along or across any grassy area unless it is a public roadway maintained by the County of Kerr for the operation of such vehicles. 2. To drive upon any hike-bike trail, footpath or footbridge spanning a creek or stream located therein. This Section 6A. shall not apply to powered golf carts, wheelchairs, or vehicles being used strictly for the ,purpose of loading or unloading freight therein or in the construction, maintenance or repair of said public parks, public playgrounds, golf course or public recreation areas which are owned or maintained by the County of Kerr or with the prior written approval of the Kerr County Judge. B. It shall be unlawful for any person to operate any vehicle on any street, drive, roadway, or surface within any County park property at a speed greater than ten (10} miles per hour. C. No person shall park a vehicle upon any County-owned or maintained park lands, public playground or public recreation area for the principal purpose of: 1. Displaying such vehicles for sale, or 2. Washing, greasing, or repairing such vehicles except repairs necessitated by an emergency. Section 7. MISCELLANEOUS PROVISIONS. It shall be unlawful in a park or recreation area for any person to: 1. Pick, pull, pull up, tear up, dig up or out, mutilate, break, bruise, injure, burn, remove, carry away, or destroy any tree, shrub, 4 plant vine, flower, moss or vegetation, or portion thereof, including but not limited to leaf, mold, foliage, berries, fruit, grass, turf, humus, cones, dead or downed wood, except by prior written approval issued by the Kerr County Judge for scientific or educational purposes. 2. Build ground fires except in designated fire rings, pits, or grills. 3. Hit a golf ball except at a designated golf course. 4. Climb trees. 5. Maintain noise and sound levels of groups, individuals, radios, or any sound equipment at a level considered to be a nuisance as deemed by the County of Kerr. 6. Engage in any commercial venture without the written permission of the Kerr County Judge. Section 8. LITTERING. It shall be unlawful for any person to: 1. Bring, use, carry or dispose of a glass container in any Kerr County Parks or recreation areas. 2. Throw, deposit, place or drop loose paper, cans, bottles, sacks, boxes, cloths, waste materials, or any kind of rubbish on or alongside any street, alley, sidewalk, body of water, playground, or recreation area of County Park land within the limits of the County of Kerr. Section 9. PENALTY. A violation of any of the provisions of Sections 3 through 7 herein shall be deemed a misdemeanor and upon conviction thereof a person shall be fined in accordance with A violation of any of the provisions of 5 Section 2 or Section 8 shall be deemed a misdemeanor and upon conviction thereof a person shall be fined in accordance with Section 10. All other Orders or parts of Orders in conflict herewith are hereby repealed to the extent that they are in conflict. Section 11. If any provision of this Order shall be held void or unconstitutional, all other parts which are not held void or unconstitutional shall remain in full force and effect. 6 RULES AND REGULATIONS FOR THE PARKS AND RECREATION AREAS COUNTY OF KERB 1. All County pazks and recreations azeas aze open to the public daily from 6:00 a.m. until 10:00 p.m.. Except for County employees in the actual discharge of their duties as an employee, no one shall ever be allowed in Kerr County's parks and recreation areas between the hours of 10:00 p.m. and 6:00 a.m. the next day except with the written permission of the Ken County Judge first being obtained 2. Walking, tunriirig, sitting, jumping, diving or doing any other act on or off of any park dams in County pazks and recreation azeas, is strictly prohibited. 3. Swimming through or wading over any park dams in any County park or recreation azea is strictly prohibited. This prohibition includes the Center Point dam. 4. Jumping, diving or any other dangerous act from trees, platforms, high banks, dams or other walkways to enter streams, rivers or waterways along public property is strictly prohibited 5. No overnight camping of any kind is permitted except with the written permission of the Ken County Judge fast being obtained. 6. The speed limit for all vehicles in Ken County pazks and recreations azeas is 10 miles an hour and will be strictly enforced. 7. Anv motor driven vehicle shall not be driven into, along or across any grassy area of a Ken County park or recreation area. Destruction of, to or removal of, any pazk vegetation or equipment is strictly prohibited. 9. All fires aze strictly prohibited except in designated fire rings, pits or grills. 10. Climbing of trees in Kerr County's park and recreation areas is strictly prohibited. 11. Noise and sound levels of groups, individuals, radios or any sound equipment deemed a nuisance by the Ken County Sheriff s Office is strictly prohibited. 12. All commercial ventures are strictly prohibited within any of Kerr County's pazks and recreation azeas except with the written consent of the Kerr County Judge being fast obtained. 13. Glass containers of every kind and fashion are strictly prohibited in any Kerr County pazk or recreation area. 14. No one shall place or deposit any kind of rubbish on or along any area of County parklands and recreation azeas. 15. Possession and consumption of alcoholic beverages, of every kind and nature, is strictly prohibited in all Kerr County parks and recreation areas. All sound levels must be contained within the immediate area your group occupies. COUNTY OF KERR. STATE OF TBXAS ORDER DATED: AN ORDER ENACTING RULES AND REGULATIONS GOVERNING PARK AND RECREATION AREAS OF AND IN THE COUNTY OF KERR, STATE OF TEXAS AND PROVIDING A PENALTY FOR VIOLATIONS THEREOF AND A SEVERABILITY CLAUSE. WHEREAS, the Kerr County Commissioners' Court of Kerr County, Texas finds that it is necessary and desirable to enact rules and regulations governing conduct in Kerr County's parks and recreation areas and to provide for a penalty for violations of such rules and regulations. NOW, THEREFORE, BE IT ORDAINED BY THE KERR COUNTY COMMISSIONERS' COURT OF KERR COUNTY, TEXAS: THAT Exhibit "A" attached hereto and incorporated herein by reference is hereby adopted by the County of Kerr, State of Texas. 1997. ROBERT A. DENSON KERR COUNTY JUDGE PASSED AND APPROVED ON SECOND READING this day of 1997. ROBERT A. DENSON KERR COUNTY JUDGE ATTEST: APPROVED AS TO FORM: PAT DYE KERR COUNTY CLERK PASSED AND APPROVED ON FIRST READING this day of THOMAS W. POLLARD KERR COUNTY CIVIL ATTORNEY 1 EXHIBIT "A" RULES AND REGULATIONS FOR PARK AND RECREATION AREAS Section 1. GENERAL AUTHORITY. The County of Kerr shall have and shall exercise the power to control all activities, hours of visitation, and days and times of opening to the public in all County Parks and Recreation areas in order to properly protect the citizens of this community. The said Parks and Recreation areas shall be under the direct supervision of the Kerr County Judge, the Kerr County Commissioners and the Sheriff of Kerr County. These officials shall have the authority to delegate their power of supervision to other employees of the County, including but not limited to the Sheriff's officials and deputies of the County of Kerr. The Sheriff's department of the County of Kerr is charged with the responsibility of supervising and maintaining law and order in all of the County Park and Recreation areas in order to protect the peace, health, safety and general welfare of the public. In order to carry out this provision, the Sheriff's department, and any and all officers therein, shall have the authority to make any arrests for violation of any state law, City Ordinance, or County regulations. Section 2. SPECIAL EVENTS. Special events to be held in County Parks and Recreation areas shall obtain a Special Events permit from the Kerr County Judge. Section 3. CLOSING HOURS. All of the County Parks and Recreation areas shall be open daily to the public during the hours of 1 6:00 a.m. and 10:00 p.m., except as provided hereafter. They shall be closed by orders of the Kerr County Judge, any authorized Parks' personnel and/or the Sheriff of Kerr County or an authorized deputy or police officer for the purpose of rehabilitation, cleaning, general supervision, or to protect the health, safety and general welfare of the public. A person or group may request prior written special permission to use such areas during the hours they are normally closed from the Kerr County Judge. It is unlawful for any person to enter or remain in a County Park or Recreation area during hours when they are closed as set out above without the effective written consent of the Kerr County Judge and the person: (1) Had notice that the entry was forbidden; or {2) Received notice to depart but failed to do so. For purposes of this Section, "entry" means the intrusion of the entire body and "notice" means an oral or written communication by the Kerr County Judge, or any authorized Parks' personnel, or the Sheriff of Kerr County or any deputy or police officer; or fencing or other enclosure obviously designed to exclude intruders during the closed hours; or signs posted to be reasonably likely to come to the attention of intruders. For the purposes of this Section, "County Park and Recreation area" includes all areas of the same used for parking of vehicles. Such parking areas shall be defined as county streets road and shall be supervised and regulated by the Sheriff's department of the County of Kerr as all county streets and roads are. Further, the prohibition in this Section includes individuals who are sitting inside their vehicles while parked in any of the parking areas. 2 Section 4. JUMPING, DIVING, ETC. It shall be unlawful for any person to: 1. Stand, walk, run, sit, jump, dive or do any other act on or off any park dams in any County Park or recreations area or to swim through the openings of any said dams, or attempt to wade or swim through or over said dams. 2. Enter any lake, river, stream or waterway by jumping, diving or doing any other dangerous act on or off any bridge, street, highway, appurtenance, publicly owned land or public right-of-way. 3. Jump, dive or do any other dangerous act from trees, platforms, high banks, dams or other walkways to enter streams, rivers or waterways along, or over a part of public property or public right-of-way. Section 5. OVERNIGHT CAMPING, PARKING, ETC. It is unlawful within any County owned park or playground to: 1. Camp overnight; or 2. Park any portable building, camping unit of any type, or motor vehicle overnight; or 3. Allow any equipment or activity between the hours of 10:00 p.m. and 6:00 a.m. the next day; and 4. The person had notice the activity was forbidden or received notice to cease or remove the violation and failed to do so. Notice shall be as defined in Section 3 above. The only exception to this Section shall be with prior written approval granted by the Kerr County Judge. Section 6. VEHICLES. A. It shall be unlawful in a County Park 3 or Recreation area or golf course for any person to: 1. Drive any motor driven vehicle into, along or across any grassy area unless it is a public roadway maintained by the County of Kerr for the operation of such vehicles. 2. To drive upon any hike-bike trail, footpath or footbridge spanning a creek or stream located therein. This Section 6A. shall not apply to powered golf carts, wheelchairs, or vehicles being used strictly for the purpose of loading or unloading freight therein or in the construction, maintenance or repair of said public parks, public playgrounds, golf course or public recreation areas which are owned or maintained by the County of Kerr or with the prior written approval of the Kerr County Judge. B. It shall be unlawful for any person to operate any vehicle on any street, drive, roadway, or surface within any County park property at a speed greater than ten (10) miles per hour. C. No person shall park a vehicle upon any County-owned or maintained park lands, public playground or public recreation area for the principal purpose of: 1. Displaying such vehicles for sale, or 2. Washing, greasing, or repairing such vehicles except repairs necessitated by an emergency. Section 7. MISCELLANEOUS PROVISIONS. It shall be unlawful in a park or recreation area for any person to: 1. Pick, pull, pull up, tear up, dig up or out, mutilate, break, bruise, injure, burn, remove, carry away, or destroy any tree, shrub, 4 plant vine, flower, moss or vegetation, or portion thereof, including but not limited to leaf, mold, foliage, berries, fruit, grass, turf, humus, cones, dead or downed wood, except by prior written approval issued by the Kerr County Judge for scientific or educational purposes. 2. Build ground fires except in designated fire rings, pits, or grills. 3. Hit a golf ball except at a designated golf course. 4. Climb trees. 5. Maintain noise and sound levels of groups, individuals, radios, or any sound equipment at a level considered to be a nuisance as deemed by the County of Kerr. 6. Engage in any commercial venture without the written permission of the Kerr County Judge. Section 8. LITTERING. It shall be unlawful for any person to: 1. Bring, use, carry or dispose of a glass container in any Kerr County Parks or recreation areas. 2. Throw, deposit, place or drop loose paper, cans, bottles, sacks, boxes, cloths, waste materials, or any kind of rubbish on or alongside any street, alley, sidewalk, body of water, playground, or recreation area of County Park land within the limits of the County of Kerr. Section 9. PENALTY. A violation of any of the provisions of Sections 3 through 7 herein shall be deemed a misdemeanor and upon conviction thereof a person shall be fined in accordance with A violation of any of the provisions of 5 Section 2 or Section 8 shall be deemed a misdemeanor and upon conviction thereof a person shall be fined in accordance with Section 10. All other Orders or parts of Orders in conflict herewith are hereby repealed to the extent that they are in conflict. Section 11. If any provision of this Order shall be held void or unconstitutional, all other parts which are not held void or unconstitutional shall remain in full force and effect. 6 Ttem 2.18 Consider and discuss approving and adopting rules and regulations for County Parks July 14, 1997 Vol. V page 265