Chapter 70. Parks and Recreation

(a) Offenses. A person commits an offense if he enters or remains:

(1) In the Baytown Nature Center during hours in which the park is closed, which hours, periods and days of closure are posted at the park's entrance and include:

a. Between 30 minutes after sunset and 30 minutes before sunrise as determined monthly by the director of parks and recreation;

b. All times during inclement weather conditions as determined by the director of parks and recreation; and

c. Between 12:01 a.m. and 12:00 p.m. on December 25; or

(2) In any other municipal park, between 10:00 p.m. and 5:00 a.m., when such hours are posted at the park.

(b) Exception. It is an exception to the application of this section, if:

(1) The person is conducting official city business as an authorized municipal employee, an on-duty law enforcement, fire suppression or emergency medical service officer; or

(2) The person enters or remains in the Wayne Gray Sports Complex during the prohibited hours specified in subsection (a)(2).

(3) The person is an attendee, host, participant or otherwise involved in a properly permitted tourism-impact event held at a municipal park, and only during the duration of the tourism-impact event. Tourism-impact event shall have the meaning ascribed to that term in section 70-8 of this Code.

(c) Defense. It is a defense to prosecution under subsection (a)(2) herein that:

(1) The person holds a valid permit authorizing the individual to be in the park between the hours of 10:00 p.m. and 5:00 a.m. issued by the director of parks and recreation;

(2) The person is launching or recovering a boat from a park boat ramp; or

(3) The person is actively engaged in fishing activities on piers, docks or bulkheads designed, in whole or in part, for such activities.

(Code 1967, § 17-4.1(b); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91; Ord. No. 10,101, § 1, 7-14-05; Ord. No. 16,420, § 1, 3-12-26)

(a) Motor vehicles. It shall be unlawful for any person to drive, propel or park any motor vehicle over, through or on any park, other than along or upon public streets or designated park drives and parking spaces and parking areas, except by permit.

(b) Bicycles. It shall be unlawful for any person to ride, propel or park any bicycle or any other similar vehicle over, through or on the natural areas of the Baytown Nature Center, other than along trails designated for bicycle and pedestrian traffic if the person is at least 18 years of age or accompanied by an adult.

(Code 1967, § 17-4.1(a)(1); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91; Ord. No. 10,101, § 2, 7-14-05)

It shall be unlawful for any person, other than a peace officer while conducting official city business, to ride any horse or other animal or animal-drawn vehicle over or through any park, except in areas or on paths or trails so designated.

(Code 1967, § 17-4.1(a)(2); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91)

(a) Offense. Except as provided in subsection (b), it shall be unlawful for any person:

(1) Within the Baytown Nature Center to hit golf balls or to play or participate in any form of golf, or

(2) Within any other public park, or a parkway, playground or any other public place used or designated for public recreation to hit golf balls, other than floating-type practice balls that are incapable of doing injury to persons or objects.

(b) Exception. Subsection (a) shall not apply to a person who is playing golf in designated golfing areas at Evergreen Park.

(Code 1967, § 17-4.1(a)(3); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91; Ord. No. 10,101, § 3, 7-14-05; Ord. No. 13,770, § 1, 5-10-18)

It shall be unlawful for any person to shoot any arrow on or over any park.

(Code 1967, § 17-4.1(a)(4); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91)

It shall be unlawful for any person to carry or discharge any firearm, firecracker, rocket, torpedo or any other firework, airgun, BB gun or slingshot on or over any park.

(Code 1967, § 17-4.1(a)(5); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91)

(a) It shall be unlawful for any person to permit any dog owned or possessed by him to run at large or permit any such dog in a park unless it shall at all times be kept on a leash. No dog shall be permitted, in any manner whatsoever, in any park in the proximity of any athletics/sports facilities during practice sessions or league or tournament activities. Additionally, no pet, including, but not limited to, dogs, shall be permitted, in any manner whatsoever, in the Baytown Nature Center.

(b) The provisions of subsection (a) shall have no application to a support dog guiding or otherwise aiding a totally or partially blind or otherwise incapacitated person while such person is in such park.

(Code 1967, § 17-4.1(a)(6); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91; Ord. No. 10,101, § 4, 7-14-05)

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the following meaning ascribed to them, except where context clearly indicates a different meaning:

(1) Tourism-impact event shall mean an event hosted by an organization or individual, other than the city, that demonstrably attracts tourists to the city or promotes local hotel occupancy, recreation, or economic development within the city, that has been approved and permitted by the director of the parks and recreation department. Such approval will have considered and incorporated feedback and recommendations from city staff, the city parks and recreation board, and/or city management. An applicant may appeal the denial of a tourism impact event permit application to city management for further review and final determination.

(2) Tourist shall have the meaning ascribed to that term by V.T.C.A., Tax Code, § 351.001

(3) Alcoholic beverage shall have the meaning ascribed to that term by V.T.C.A., Alcoholic Beverage Code § 1.04

(b) It shall be unlawful for any person to possess or consume alcoholic beverages in city parks except at:

(1) Bayland Park;

(2) Evergreen Park;

(3) Town Square;

(4) Baytown Nature Center;

(5) Eddie V. Gray Wetlands Education and Recreation Center;

(6) Gene and Loretta Russell Park; and

(7) Wayne Gray Sports Complex;

and there only at times and under conditions and requirements designated by the director of parks and recreation in consultation with the city manager and other city staff.

(c) Exception. The following shall be an exception to subsection 70-8(b):

(1) Tourism-impact event: Alcohol possession or consumption shall be allowed at any properly permitted tourism-impact event, regardless of location within the city, unless alcohol possession or consumption at the desired location is otherwise excluded by deed, ordinance, or other applicable law.

(Code 1967, § 17-4.1(a)(7); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91; Ord. No. 10031, § 1, 3-10-05; Ord. No. 10,120, § 1, 8-11-05; Ord. No. 13,950, § 1, 11-19-18; Ord. No. 14,102, § 1, 6-27-19; Ord. No. 16,419, § 1, 3-12-26)

It shall be unlawful for any person within any public park, parkway, playground or any other public place for public recreation to possess glass containers.

(Code 1967, § 17-4.1(a)(8); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91)

It shall be unlawful for any person within any public park, parkway, playground or any other public place for public recreation to dump, deposit or leave any litter, including but not limited to paper boxes, cans, rubbish, waste, garbage, refuse, brush, leaves, tires or any other trash.

(Code 1967, § 17-4.1(a)(9); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91)

It shall be unlawful for any person to camp overnight in any park, except by permit.

(Code 1967, § 17-4.1(a)(10); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91)

It shall be unlawful for any person to start or maintain any outdoor fire:

(1) In the Baytown Nature Center other than a fire for vegetation control as authorized by the director of parks and recreation and the fire chief, except by permit; or

(2) In any other park, other than a cooking fire that is started and maintained only in a stove or barbecue pit, except by permit.

(Code 1967, § 17-4.1(a)(11); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91; Ord. No. 10,101, § 5, 7-14-05)

(a) It shall be unlawful for any person to operate motor-driven model cars or airplanes on or over park drives or parking areas.

(b) It shall be unlawful for any person to operate motor-driven model cars, boats or airplanes or any other remote-controlled devices within the Baytown Nature Center.

(Code 1967, § 17-4.1(a)(12); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91; Ord. No. 10,101, § 6, 7-14-05)

It shall be unlawful for any person to ride bicycles and skateboards on any park tennis court.

(Code 1967, § 17-4.1(a)(13); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91)

It shall be unlawful for any person to merchandise, advertise or post signs announcing or calling the public's attention to articles or services for sale or hire in any city park, unless done pursuant to a permit.

(Code 1967, § 17-4.1(a)(14); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91)

It shall be unlawful for any person within any public park, parkway, playground or any other public place for public recreation to tack or otherwise place any sign, placard, inscription or decoration on any tree, building, equipment or facility, unless done pursuant to a permit.

(Code 1967, § 17-4.1(a)(15); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91)

It shall be unlawful for any person to fish:

(1) In any natural area or freshwater ponds within the Baytown Nature Center;

(2) From the shoreline of the marina basin at Bayland Island, including the fuel docks, as shown in Exhibit "A;"

(3) From any dock, pier, ramp or boat launch at Bayland Park that is associated with the boat ramp; and

(4) From any dock, pier, ramp or boat launch at Roseland Park that is associated with the boat ramp.

(Ord. No. 10,101, § 8, 7-14-05; Ord. No. 12,900, § 1, 7-9-15)

It shall be unlawful for any person to swim or dive from areas:

(1) Within the Baytown Nature Center or

(2) Where signs are posted prohibiting the same.

(Ord. No. 10,101, § 9, 7-14-05)

(a) Boating, including, but not limited to canoeing and kayaking, is prohibited within the Baytown Nature Center.

(b) It shall be unlawful for any person to launch or recover a boat from within the natural area Baytown Nature Center, except by permit.

(Ord. No. 10,101, § 10, 7-14-05)

All permits referenced in this chapter shall be valid only if issued by the director of parks and recreation and then only in accordance with the terms specified in the permit.

(Ord. No. 10,101, § 7, 7-14-05)