Ord 106-2005 12/20/2005ORDINANCE NO. t( - c Z05
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER DISCRETION TO
WAIVE SEC 82 -58, SEC 82 -62, SEC 82 -63, AND SEC 82 -68 OF THE
CODE OF ORDINANCES TO PERMIT VEHICLES ON THE PARK
GRASS, SALES, SIGNS, AND POSSESSION AND/OR CONSUMPTION
OF ALCOHOLIC BEVERAGES FOR EVENTS IN PARKS BY
QUALIFYING ORGANIZATIONS; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, it is recognized that the City Council has frequently granted requests
for waiver of certain park sections in the Code of Ordinances to allow qualifying
organizations to perform actions prohibited by these ordinances; and,
WHEREAS, the present process for consideration and action upon these
requests for waiver has involved formal action by the Parks and Recreation
Department, the Park Board, the Legal Department, and the City Council; and,
WHEREAS, it is desirable for the City to consider and act upon the requests for
waiver in less time.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . the City Manager is hereby authorized to waiver Sec 82 -58, Sec
82 -62, Sec 82 -63, and Sec 82 -68 of the Code of Ordinances to permit vehicles on the
park grass, sales, signs, and possession and /or consumption of alcoholic beverages for
events in parks by organizations meeting the following qualifications:
• The organization must be a 501C (3), non - profit organization.
• The activity must be park and recreation related.
• The event must be suited to the park.
• The event must be open to the public.
• The waiver permit (attached) must be completed and appropriately displayed
at the site during the event.
SECTION 2. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 20 day of December 2005.
ATTEST:
ity Clerk
Permit
This permit is issued to the organization listed below authorizing waiver of the following park ordinances.
Sec. 82 -58. Driving vehicles or animals in parks.
This permit does not apply if park ground conditions arc wet and rutting will result in the turf. A
map of the area desired for on grass parking of vehicles or animals shall be provided. The applicant is
wholly responsible for damage to irrigation heads, park structures, and trees and shrubs.
The number of estimated vehicles /animals is
Sec. 82 -62. Sales of goods or wares.
Sales includes sales of event related merchandise and admission or registration (or donations in-
lieu of admission or registration) fees. The sales ordinance does not apply to activities of a private organization not
open to the public, such as collection of private club dues or donations.
Resolution 2509 as amended requires organizations authorized . to sell in parks to pay the City 16%
of gross sales of food and drink items, 10% of admissions and/ or donations, and 5% of merchandise sold in parks.
The applicant is required to obtain the Concession Report for Sales In Parks form from the Parks & Recreation
Department (761 -7491) in order to prepare and make the proper remittance to the City.
Sec. 82 -63. Signs and other advertising devices.
The signs may be attached to trees, shelter posts, or other park structures with string. Tape, nails,
or staples are not permitted. Number of signs
Size of signs
Sec. 82 -68. Possession, consumption of alcoholic beverages in parks.
It is the responsibility of the applicant to obtain the proper license for sales of alcoholic beverages
from the Texas Alcoholic Beverage Commission.
Park
and Date
Event Name
50l(c) (3) Non Profit Organization Name City Manager
Signature
Date
Date
This Permit shall be posted during the event in a manner visible
from a passing Police and /or Parks Department vehicle.