§ 22-28. Public parks hours of operation and curfew.
(a)
All public parks owned or operated by the city, except for the River Walk between Josephine Street and Eagleland Drive, Alamo Plaza, La Villita, Market Square, Woodlawn Lake Park and HemisFair Park shall be closed for all purposes at 11:00 p.m. each day and re-opened for public use at 5:00 a.m. each day. Woodlawn Lake Park shall be closed for all purposes at 12:00 midnight each day and re-opened for public use at 5:00 a.m. each day. Public parks may be utilized for special events and/or holiday use between the hours of 11:00 p.m. and 5:00 a.m. on any day with the prior written approval of the director of the department of parks and recreation ("director") through the issuance of a special events permit or holiday declaration. A holiday declaration by the director shall have the effect of lifting the curfew for those parks specified by the director during those time periods specified by the director. The department of parks and recreation shall develop written guidelines for the issuance of special events permits. At a minimum, the department of parks and recreation shall have authority to reject any and all applications on the basis of protecting the health and safety of the public and the foregoing guidelines shall include such authority. Said written guidelines may include limitations on the types of special uses, noise limitations, maintenance requirements, limitations on the frequency with which any individual, group, association or entity shall be granted such special use permits and any other restrictions deemed appropriate by the department of parks and recreation. The curfew set forth in this section will not apply to organized programs and activities in public parks and parks facilities staffed, sponsored or co-sponsored by the department of parks and recreation. It is an affirmative defense to prosecution that during those hours prohibited by this section there occurred an official use or event by an organization which has entered into a lease or license agreement with the city specifically authorizing such use of such specific area in the public park. The department of parks and recreation shall have authority to set more restrictive hours of operation for individual parks and facilities on a case by case basis but not to change the hours of the curfew violations as defined by this section.
(b)
It shall be unlawful for a person to be in or on a public park in violation of this section.
(c)
If an events permit has been issued to a person in accordance with subsection (a) hereof, it shall be unlawful for such person to be in or on a public park in violation of any condition or limitation set forth in such events permit.
(d)
Notwithstanding subsection (a), Comanche Lookout Park shall be closed for all purposes each day thirty (30) minutes after sunset, or after events scheduled by the department of parks and recreation are completed, and will re-open each day at sunrise.
(e)
Notwithstanding subsection (a), parks designated as natural areas by the director of parks and recreation and parks developed as part of the Linear Creekway Parks development program (Leon Creek, Salado Creek, Medina River) shall be closed for all purposes each day at sunset, or after events scheduled by the department of parks and recreation are completed, and will re-open each day at sunrise.
(f)
Any person violating the provisions of this section shall be guilty of a class C misdemeanor.
(g)
Any vehicle left parked after the curfew hours established above shall be subject to towing.
(Ord. No. 66877, 3-31-88; Ord. No. 89570, §§ 3, 4, 4-8-99; Ord. No. 92091, § 1, 6-29-00; Ord. No. 2008-04-17-0317, § 9, 4-17-08; Ord. No. 2012-05-03-0325, § 2, 5-3-12)
Editor's note
Ord. No. 66877, adopted March 31, 1988, did not specifically amend this Code; hence inclusion of said provisions as § 22-28 was at the discretion of the editor. Ord. No. 92091, § 1, adopted June 29, 2000, changed the title of § 22-28 from "Closure of Padre and Comanche Lookout Parks at nightfall or after scheduled events." to "Public parks hours of operation and curfew."