CHAPTER 16

PARKS AND OTHER PUBLIC PLACES

ARTICLE 16.01 GENERAL PROVISIONS*

Sec. 16.01.001     Powers and duties of director of parks

Subject to the approval of the city council, the director of parks and recreation, with the recommendation and approval of the parks and recreation board, is hereby authorized and empowered to prescribe rules and regulations to promote the orderly use of all city parks and playgrounds including the designation of areas where the acts and activities in this chapter and article 2.03, division 10 of this code may be permitted and is further empowered to regulate such activities in areas where they are permitted when it is necessary to control such activity for public safety, to prevent congestion or to secure the maximum use of such public park or playground for the comfort and convenience of the public. (1959 Code, sec. 19B-8; Ordinance 5214, sec. 1, adopted 3/23/1967; 1983 Code, sec. 2-268; Ordinance 2011-O0021, sec. 1, adopted 3/2/2011)

Sec. 16.01.002     Park and recreation board

Provisions concerning the park and recreation board are as provided in article 2.03, division 10 of this code. (Ordinance adopting Code; Ordinance 2011-O0021, sec. 4, adopted 3/2/2011)

Sec. 16.01.003     Definitions

For the purposes of this chapter, certain terms are defined as follows:

Artifact. Tangible object of the past that relates to human life and culture and/or historical object with human workmanship or association.

Inflatable play equipment. Any soft bouncing equipment constructed out of heavy-duty vinyl or any similar material, which is laid out on the ground and inflated with a continual flow of air to form a soft bouncing floor with walls. This equipment is typically provided by inflatable play equipment rental companies to renters, usually for a fee, for a variety of amusement needs, including, but not limited to, enjoyment by children at private parties.

Inflatable play equipment event. Any public or private event which includes the use of one or more inflatable play equipment structures.

Inflatable play equipment rental company. Any company, business, or individual who, for a fee, shall offer the use or rental of inflatable play equipment to any individuals, groups, or organizations.

Large trees. Trees which normally reach heights of fifty (50) feet and above at maturity.

Medium trees. Trees which normally reach heights of twenty (20) to fifty (50) feet at maturity.

Park playground. A designated area consisting of activity components, including but not limited to swings, slides and climbers placed upon a protective surface such as mulch, sand, gravel or a rubberized material, with boundaries defined by a perimeter border such as concrete or fencing, and/or boundaries as indicated by signage

Park trees. Trees, shrubs, bushes and all other woody vegetation on land designated by the city as a public park, or on any land owned by the city to which the public has free access, excluding lands which are part of the public right-of-way.

Parkway. Any part of the public right-of-way lying between the curb or grade line of any public street and the abutting private property line.

Pole and line. A line with a hook, attached to a pole, including a rod and reel.

Sanctioned Game. A game or activity, but not practice activities, sponsored by or affiliated with an association, organization, league or entity with its purpose, in whole or in part, to regulate, organize, maintain, sponsor or otherwise affiliate itself with the sport or activity at issue or such game or activity regulated or officiated with umpires or referees.

Small trees. Trees which normally reach heights not exceeding twenty (20) feet at maturity.

Smoke. Includes the following activities:

(1)     Carrying or holding a lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment or device;

(2)     The combustion of any cigar, cigarette, tobaccos, or any similar article or any other combustible substance in any manner or in any form; or

(3)     Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind.

Street trees. Trees, shrubs, bushes and all other woody vegetation on land within any public right-of-way or parkway of a thoroughfare street within the city.

Thoroughfare street. A major street of the city traffic system which is used primarily for fast and/or heavy traffic moving large volumes at moderate speed on long intercity or intracity trips and designated as T1 or T2 in the city’s master thoroughfare plan in chapter 36 of this code.

(Ordinance 2011-O0021, sec. 5, adopted 3/2/2011; Ordinance 2011-O0050, sec. 1, adopted 7/27/2011)

Sec. 16.01.004     Unlawful activities within parks

It shall be unlawful for any person within a public park or playground to commit or do any of the following acts:

(1)     To play any sanctioned game of baseball, softball, football, soccer, or other games of like character, or to play any game or activity of golf, archery, paintball, or other games of like character in any park or playground except at the places set apart and designated as grounds therefor.

(2)     To place and/or operate any boat, raft or other watercraft capable of being occupied by one or more persons, whether motor-powered or not, in or on the waters of any pool, lake or river in any park within the city. Upon receiving a permit from the director of parks and recreation, the use of zero-emission boats, rafts, or other watercraft may be allowed, but only in the places set apart and designated therefor.

(3)     To swim, bathe, wade, or ice skate in or on any waters, pool, lake or river in any park within the city except at the places set apart and designated as grounds therefor.

(4)     To fish in any waters, pool, lake or river in any park within the city except at the places set apart and designated therefor and in compliance with the rules and regulations established therefor.

(5)     To camp in any park within the city, except at the places set apart and designated as grounds therefor by the director of parks and recreation.

(6)     To ride, drive or propel any motor vehicle, all terrain vehicle, motorbike or motor scooter over or through any park within the city, except upon the grounds of Meadowbrook Golf Course and upon any other grounds set apart and designated as grounds therefor. This section shall not apply to city vehicles, emergency vehicles, designated contract service vehicles or other vehicles as designated by the director of parks and recreation.

(7)     To fly or launch any rocket or any model airplane, either by attached or remote control, in any park or playground within the city except at the places set apart and designated as grounds therefor.

(8)     To operate or drive any vehicle within any city park at a speed greater than twenty (20) miles per hour upon any park road.

(9)     To remove any tree, shrub, bush or plant, or injure the bark, or pick the flowers or seeds of any tree or plant, or attach any rope, wire or other contrivance to any tree, shrub, bush or plant, or dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.

(10)     To ride, lead or drive any horse, mule, donkey or other equine animal over or through any park within the city except upon grounds set apart and designated as grounds therefor.

(11)     To take game fish and nongame fish with any gear or device other than pole and line. A permit to take game fish and nongame fish with gear or devices other than pole and line may be granted by the director of parks and recreation upon a finding that the party requesting the permit for such activity has been granted authority by the department of parks and wildlife of the State of Texas, and that the activity will further a public purpose of the City of Lubbock.

(12)     To remove, excavate, take, damage or search for any artifact, except as expressly permitted by all entities having jurisdiction over such activities, including, without limitation, the Texas Historical Commission.

(13)     To bring, possess, carry or transport upon any public park any glass container, including, without limitation, bottles and drinking glasses.

(14)     To utilize or operate a metal detector or metal-detecting equipment within any public park unless otherwise permitted in writing by the director of parks and recreation.

(15)     To keep or permit any dog or other animal in or about the boundaries of the sporting facilities located in any park during an organized sporting event except for animals used to aid a handicapped person or used for police purposes.

(1959 Code, sec. 19B-6; Ordinance 5214, sec. 1, adopted 3/23/1967; Ordinance 6941, sec. 1, adopted 8/8/1974; 1983 Code, sec. 19-1; Ordinance 8953, sec. 1, adopted 8/28/1986; Ordinance 10130, sec. 2, adopted 1/14/1999; Ordinance 2004-O0034, sec. 1, adopted 2/19/2004; Ordinance 2007-O0082, sec. 1, adopted 8/9/2007; Ordinance 2008-O0082, sec. 1, adopted 9/25/2008; Ordinance 2011-O0021, sec. 2, adopted 3/2/2011)

Sec. 16.01.005     Alcoholic beverages; littering

(a)     Nuisances. The following list of activities are declared to be nuisances in any public park or on any abutting or adjacent public way to a public park:

(1)     Loitering with intoxicating liquor on the person;

(2)     The drinking of any intoxicating liquors;

(3)     The throwing of bottles or other containers; or

(4)     The spilling or pouring of any such intoxicating liquor on the ground or premises, thereby calculated to cause flies, insects, and an unsanitary condition.

(b)     Alcoholic beverages prohibited, exceptions. It shall be unlawful for any person to consume any alcoholic beverage in any public park or for any person to possess any alcoholic beverage in any public park within the corporate limits of the city unless otherwise specified by this section.

(1)     The sale and consumption of alcoholic beverages within the Meadowbrook Golf Course at Mackenzie Park may be allowed in accordance with the laws of the State of Texas, as administered by the Texas Alcoholic Beverage Commission.

(2)     The sale and/or consumption of alcohol may be permitted at the following selected park facilities:

(A)     The Wells Fargo Amphitheatre;

(B)     The American Museum of Agriculture;

(C)     The Wind Power Center;

(D)     The Buddy and Maria Elena Holly Plaza; and

(E)     The Buddy Holly Recreational Area, as depicted in Figure 1 appended to Ordinance 2011-O0129.

(c)     Alcoholic beverages permitting procedures. The director of parks and recreation shall develop guidelines and procedures to insure the following:

(1)     That the sale and/or consumption of alcoholic beverages shall comply with any and all license agreements entered into by the city;

(2)     That the sale and/or consumption of alcoholic beverages shall comply with all federal, state, and local regulations, including those set forth in the Texas Alcoholic Beverages Code; and

(3)     That the sale and/or consumption of alcoholic beverages is conducted by special permit obtained from the director of parks and recreation. The permit shall include, but is not limited to the following information:

(A)     The date, time, and location of the event;

(B)     The type of event;

(C)     The estimated attendance;

(D)     The access to the event;

(E)     The designation of a licensed and approved concessionaire or caterer; and

(F)     The site management and security.

(1959 Code, sec. 19-9.1; Ordinance 3886, secs. 1–3, adopted 8/9/1961; Ordinance 7663, sec. 1, adopted 5/11/1978; 1983 Code, sec. 19-2; Ordinance 9254, sec. 1, adopted 2/9/1989; Ordinance 9350, sec. 1, adopted 4/26/1990; Ordinance 9641, sec. 1, adopted 9/9/1993; Ordinance 9743, sec. 1, adopted 10/14/1994; Ordinance 2003-O0045, sec. 1, adopted 5/22/2003; Ordinance 2007-O0082, sec. 2, adopted 8/9/2007; Ordinance 2011-O0021, sec. 3, adopted 3/2/2011; Ordinance 2011-O0129, secs. 1–2, adopted 1/12/2012)

Sec. 16.01.006     Swimming when pool closed

It shall be unlawful for any person, except authorized employees of the city, to swim in any city-owned or -operated swimming pool when the same is closed to the public, without first obtaining the consent of the director of parks and recreation. (Ordinance 1917, sec. 1, adopted 5/25/1956; 1959 Code, sec. 19-14; 1983 Code, sec. 19-3; Ordinance 2011-O0021, sec. 6, adopted 3/2/2011)

Sec. 16.01.007     Closing hours of Meadowbrook Golf Course and parks

It shall be unlawful for any person, except authorized employees of the city or persons authorized by the director of parks and recreation, pursuant to section 16.01.004(5) of the Code of Ordinances of the City of Lubbock, to enter into, or remain upon, or to be upon the premises of the Meadowbrook Golf Course or any public park in the city, between the hours of 12:00 midnight and 5:00 a.m. (Ordinance 1871, sec. 1, adopted 4/26/1956; 1959 Code, sec. 19-13; 1983 Code, sec. 19-4; Ordinance 2008-O0082, sec. 2, adopted 9/25/2008; Ordinance 2011-O0021, sec. 7, adopted 3/2/2011)

Sec. 16.01.008     Unlawful activities within park playgrounds

It shall be unlawful for any person within a park playground to commit or do any of the following:

(1)     To enter into, or remain upon, or to be upon the premises of any park playground between the hours of 10:00 p.m. and 7:00 a.m. The time of use restrictions set forth herein shall not apply to City of Lubbock personnel performing city-related functions.

(2)     To build or maintain any type of fire.

(3)     To smoke.

(4)     To bring, lead, or possess pets, including, without limitation, dogs, cats and reptiles on park playgrounds, or allow such pets to be upon park playgrounds.

(5)     To ride, drive, propel or carry any bicycles, skateboards, scooters, roller skates or any other footwear, facility or device containing wheels that may be utilized to propel or carry any person.

(1983 Code, sec. 19-8; Ordinance 2007-O0082, sec. 3, adopted 8/9/2007; Ordinance 2011-O0021, sec. 8, adopted 3/2/2011)

Sec. 16.01.009     Temporary closure of parks

The city, by and through the director of parks and recreation, may temporarily close or restrict the use of a public park or portion of a public park when necessitated by reason of public health, public safety, maintenance, or other reasons in the public interest. No person shall enter upon any public park that has been temporarily closed, as set forth herein. The public park shall remain closed until the closure is no longer necessary for the protection of public health, public safety, maintenance, or other cause for closure has terminated as determined by the director of parks and recreation. (1983 Code, sec. 19-9; Ordinance 2007-O0082, sec. 4, adopted 8/9/2007; Ordinance 2011-O0021, sec. 9, adopted 3/2/2011)

ARTICLE 16.02 TREES AND SHRUBS ON CITY PROPERTY*

Sec. 16.02.001     Authority

The City of Lubbock, through the director of parks and recreation, is hereby given authority over all trees, plants, and shrubs located within parkways, parks and any land owned by the city to which the public has free access within the City of Lubbock. This authority is in addition to and in conjunction with any authority previously granted to the city, any city department, or public utility company over any trees, shrubs or plants interfering with or obstructing their property, easements or rights-of-way. (1983 Code, sec. 19-45; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 11, adopted 3/2/2011)

Sec. 16.02.002     Recommended and prohibited street tree species

(a)     Recommended street tree species. The following list constitutes recommendations for trees to be planted as street trees along thoroughfares within the City of Lubbock, Texas:

(1)     Small trees. Crabapple, golden rain tree, hawthorne (sp.), ornamental pear, redbud, soapberry, crape myrtle, Japanese lilac, desert willow, Russian olive, possumhaw holly, yaupon holly, mesquite, Mexican plum, pinion pine.

(2)     Medium trees. Eldarica pine, Austrian pine, cedar elm, bald cypress, live oak, honey locust, pistachio (sp.), ketleeri juniper.

(3)     Large trees. Pecan, bur oak, red oak, deodar cedar, sweetgum, lacebark elm.

(b)     Prohibited street tree species. The following list constitutes tree species which are prohibited from being planted as street trees along thoroughfares within the City of Lubbock, Texas. The director of parks and recreation may provide exceptions to this subsection only upon a written request to him detailing the basis for such exception:

(1)     Mimosa, hackberry, ash, fruitless mulberry, sycamore, cottonwood, willow, American elm, Siberian elm, maple, magnolia, tree of heaven, poplar.

(2)     Conifers, evergreens and pines are also prohibited unless they are pruned to a clearance of six (6) feet from the adjacent walk and curb at installation.

(1983 Code, sec. 19-46; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 12, adopted 3/2/2011)

Sec. 16.02.003     Spacing of street trees

(a)     The spacing of street trees along thoroughfares will be in accordance with the three (3) species size classes (large trees, medium trees, small trees). No street trees along thoroughfares will be planted closer together than the following:

(1)     Small trees: twenty (20) feet;

(2)     Medium trees: thirty (30) feet; and

(3)     Large trees: forty (40) feet.

(b)     The director of parks and recreation may provide exceptions to the requirements outlined in this section only upon a written request to him detailing the basis for such exception.

(1983 Code, sec. 19-47; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 13, adopted 3/2/2011)

Sec. 16.02.004     Distance from curb and sidewalk

(a)     The distance trees may be planted from curbs or curblines and sidewalks along thoroughfares will be in accordance with the three species size classes (large trees, medium trees, small trees). No trees along thoroughfares may be planted closer to any curb or sidewalk than the following:

(1)     Small trees: four (4) feet;

(2)     Medium trees: six (6) feet; and

(3)     Large trees: six (6) feet.

(b)     The director of parks and recreation may provide exceptions to the requirements outlined in this section only upon a written request to him detailing the basis for such exception.

(1983 Code, sec. 19-48; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 14, adopted 3/2/2011)

Sec. 16.02.005     Utilities

No street trees along thoroughfares other than small trees may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility. (1983 Code, sec. 19-49; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 15, adopted 3/2/2011)

Sec. 16.02.006     Continuation of use

The nonconforming use of any land upon the effective date of this article may be continued provided that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property, that if such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land or portion thereof shall be in conformity with the provisions of this article, and further that the right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance. This provision only applies to trees, shrubs, bushes or other woody vegetation within any public right-of-way or parkway of a thoroughfare street within the city and that is currently in compliance with all provisions and regulations of the city code as of the effective date of this article. (1983 Code, sec. 19-50; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 16, adopted 3/2/2011)

Sec. 16.02.007     Public tree care

(a)     The City of Lubbock or its agent shall have the right to plant, prune, maintain and remove trees, shrubs, bushes or other woody vegetation within the public right-of-way or on land designated by the city as a public park, or on any land owned by the city to which the public has free access, as may be necessary to ensure public safety, to preserve or enhance the symmetry and beauty of public trees, or which by reason of their nature are injurious to sewers, electric power lines, gas lines, water lines, stormwater drainage lines, traffic control signage and devices, or other public improvements, or is a nuisance as defined under chapter 14 of this code.

(b)     This section does not prohibit the planting of street trees by adjacent property owners provided that the selection and location of said trees are in accordance with this article.

(1983 Code, sec. 19-51; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 17, adopted 3/2/2011)

Sec. 16.02.008     Pruning, corner clearance, nuisance

(a)     Every owner of any tree overhanging any street, roadway, or parkway within the city shall prune the branches so that there shall be a clear space of six (6) feet above the surface of the adjacent street, curb or sidewalk. Every owner of any tree, bush, or shrub shall prune the branches so that such branches will not obstruct the light from any streetlamp, obstruct the view of any street intersection or obstruct the view of any traffic-control device or sign. Further, said owners shall remove all dead or diseased trees, trees which constitute a threat to the safety of the public, broken or decayed limbs which constitute a threat to the safety of the public, or any tree which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, stormwater drainage lines, traffic control signage and devices, or other public improvements, or is a nuisance as defined under chapter 14 of this code.

(b)     Any tree, shrub, bush or other woody vegetation in violation of the above provision is hereby declared a public nuisance.

(c)     The maintenance of any obstruction prohibited by this article shall be called to the attention of the owner of the premises in writing.  Any notice given under this provision shall comply with the notice provisions of chapter 14 of this code.

(d)     If the nuisance has not been removed within the time specified in the notice from the date the notice was delivered, the city or its agent shall have the right to enter upon private property and prune or remove any tree, shrub, bush or other woody vegetation when it interferes with the proper spread of light along the street from any streetlamp, interferes with the visibility of any street intersection, or obstructs any traffic-control device or sign.

(e)     The owner or occupant of the private property found in violation of this provision may appeal the finding of the city according to the provisions outlined in chapter 14 of this code.

(f)     Any cost associated with any work conducted by the city or its agent in the enforcement of this provision may be assessed against the property owner according to the provisions of chapter 14 of this code.

(g)     The city retains the authority to prune or remove, without notice to the property owner, any tree, shrub, bush or plant on or overhanging public property, found to be an imminent threat to public safety.

(1983 Code, sec. 19-52; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 18, adopted 3/2/2011)

Sec. 16.02.009     Removal of stumps

All stumps of street and park trees shall be removed to a depth of six (6) inches below the surface of the ground. Soil shall be filled in place of the removed stump to achieve an even grade with the existing adjacent grade. (1983 Code, sec. 19-53; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 19, adopted 3/2/2011)

Sec. 16.02.010     Tree topping

It shall be unlawful for any individual, person, or firm to top any street tree, park tree or other tree on public property. Topping shall be defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this article at the determination, in writing, by the director of parks and recreation. (1983 Code, sec. 19-54; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 20, adopted 3/2/2011)

Sec. 16.02.011     Interference with city

It shall be unlawful for any person to prevent, delay or interfere with the city or its agent, while engaging in the performance or enforcement of any of the provisions contained in this article. (1983 Code, sec. 19-55; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 21, adopted 3/2/2011)

ARTICLE 16.03 PERMIT TO SELL GOODS IN PARKS OR SWIMMING POOL AREA

Sec. 16.03.001     Required

It shall be unlawful for any person to offer or exhibit for sale any goods, wares, services, merchandise or other commodities on or at any public park or swimming pool area in the city or to go on or into or remain upon any public park or swimming pool area of the city for the purpose of selling goods, wares, merchandise, services or any other commodity, or to use any street, alley or other public property abutting or adjacent to any public park or swimming pool for the purpose of making such sales to persons in a public park or swimming pool area, unless such person has previously applied to the director of parks and recreation for a permit. Provided, however, that the provisions of this section shall not apply to any person or his employees duly operating under a concession contract between such concessionaire and the city. (Ordinance 1412, secs. 1, 3, 7, 9, adopted 6/25/1953; 1959 Code, sec. 21-6; 1983 Code, sec. 20-1; Ordinance 2011-O0021, sec. 22, adopted 3/2/2011)

Sec. 16.03.002     Contents

Any permit issued pursuant to section 16.03.001 shall be printed or in writing and shall specify the following:

(1)     The name and age of the person authorized to make sales;

(2)     The park or swimming pool area at which the sales are authorized;

(3)     The dates and times sales will be conducted;

(4)     The specific goods, wares, merchandise, services or other commodities which the permittee is authorized to sell; and

(5)     That the permit shall not be transferable, and is subject to revocation, with or without cause, by the director of parks and recreation.

(Ordinance 1412, sec. 2, adopted 6/25/1953; 1959 Code, sec. 21-7; 1983 Code, sec. 20-2; Ordinance 2011-O0021, sec. 23, adopted 3/2/2011)

Sec. 16.03.003     Registration with director

It shall be unlawful for any permit holder, as provided for in this article, to exhibit or offer for sale any goods, wares, merchandise, services or other commodities, upon any premises constituting a public park or swimming pool in the city, unless a permit duly issued to him in compliance with the provisions of this article has been issued by the director of parks and recreation prior to the time any such commodities are offered for sale. (Ordinance 1412, sec. 4, adopted 6/25/1953; 1959 Code, sec. 21-8; 1983 Code, sec. 20-3; Ordinance 2011-O0021, sec. 24, adopted 3/2/2011)

Sec. 16.03.004     Display on demand

It shall be unlawful for any person exhibiting or having in his possession any goods, wares, merchandise, services or other commodities for sale at any public park or swimming pool in the city to fail or refuse to exhibit the permit required by this article upon request of any uniformed police officer of the city, the director of parks and recreation or his authorized agent. (Ordinance 1412, sec. 5, adopted 6/25/1953; 1959 Code, sec. 21-9; 1983 Code, sec. 20-4; Ordinance 2011-O0021, sec. 25, adopted 3/2/2011)

ARTICLE 16.04 INFLATABLE PLAY EQUIPMENT

Sec. 16.04.001     Rental company registration

Any and all inflatable play equipment rental companies must register with the city parks and recreation department prior to use of any inflatable play equipment owned by said play equipment rental companies on any park. All inflatable play equipment rental companies shall carry a minimum of $1,500,000.00 general liability insurance. The city must be listed as an additional insured on a primary and noncontributory basis. All inflatable play equipment rental companies shall present their current Texas Department of Insurance inspection certificate(s) at the time of registration. (Ordinance 2011-O0050, sec. 2, adopted 7/27/2011)

Sec. 16.04.002     Inflatable play equipment, permit required

Any and all persons, individuals, groups, businesses or organizations that erect inflatable play equipment on public park property must acquire an inflatable play equipment permit and pay the appropriate permit fee. The permit fee shall be set annually in the city’s budget ordinance. If no permit fee is established by budget ordinance, a minimum permit fee of $25.00 per event shall be charged. Said permit shall be issued by the director of parks and recreation, and it will be subject to the approval of both the fire marshal and the director of parks and recreation. Only inflatable play equipment rental companies, as defined in section 16.01.003, shall be allowed to seek a permit under this section. The non-permitted use of inflatable play equipment on any park shall not be allowed. (Ordinance 2011-O0050, sec. 2, adopted 7/27/2011)

Sec. 16.04.003     Permitted parks for inflatable play equipment

Inflatable play equipment shall only be allowed within the permissible areas of the following designated parks:

(1)     Regional parks.

(A)     Mackenzie Park

(B)     McAlister Park

(2)     Community parks.

(A)     Aztlan Park

(B)     Buddy Holly Recreational Area

(C)     Clapp Park

(D)     Elmore Park

(E)     Fiesta Plaza

(F)     Higginbotham Park

(G)     Leftwich Park

(H)     Mae Simmons Park

(I)     Mahon Park

(J)     Maxey Park

(K)     McCullough Park

(L)     Miller Park

(M)     Ribble Park

(N)     Rodgers Park

(O)     Stubbs Park

(P)     Woods Park

(3)     Sports complexes.

(A)     Huffman Athletic Complex

(B)     Lubbock Youth Sports Complex

(4)     Neighborhood parks.

(A)     Guadalupe Park

(Ordinance 2011-O0050, sec. 2, adopted 7/27/2011)

Sec. 16.04.004     Placement of inflatable play equipment

(a)     All inflatable play equipment must only be placed on park grounds in such a manner that the safety of the children is ensured and in compliance with the terms of this article.

(b)     Not more than one (1) inflatable play equipment event shall operate simultaneously at a single neighborhood park. No inflatable play equipment shall operate for more than six (6) hours per event. A representative from the inflatable play equipment rental company must be on call while the equipment is in use on park grounds and must be available to immediately respond in person if necessary. A trained attendant must be on site while the inflatable is in use.

(c)     No inflatable play equipment shall be set up within one hundred (100) feet of any private property. No inflatable play equipment shall be set up within fifty (50) feet of any park playground equipment, delineated playground area, or any body of water. No inflatable play equipment may be set up within twenty (20) feet of any public building, portable restrooms, street, right-of-way, or parking area. No inflatable play equipment may be set up on any park trail or recreation facility such as tennis courts, basketball court or area, or picnic shelter or pavilion.

(d)     To the extent available, electricity may be provided at some parks that can be used to operate the inflatable play equipment. A service fee shall be charged for such electrical use. A request and payment for electrical use must be made to the parks and recreation department at least forty-eight hours prior to the setup of the inflatable play equipment.

(e)     Inflatable play equipment rental companies may provide their own power source in the form of an electrical generator. The use of an electrical generator must conform with all applicable laws, rules, and regulations, including fire code regulations and other local ordinances. This equipment may not be fueled on the park turf areas, but may be fueled only on the designated park parking areas. Only the factory fuel tank installed on the generator will be permitted. No external fuel tanks are allowed as a potential power source.

(Ordinance 2011-O0050, sec. 2, adopted 7/27/2011)

Sec. 16.04.005     Restrictions on the use of inflatable play equipment in parks

(a)     Inflatable play equipment shall be hand carried, or hand trucked onto and out of parks property. In no event shall the use of motor vehicles be permitted for the set up of inflatable play equipment in violation of this code.

(b)     Play equipment with water slides is prohibited on any park property. The use of stakes shall be permitted to secure the inflatable play equipment. In order to minimize possible damage to the turf, the soil, or any underground equipment, when securing the inflatable play equipment or any other item to the ground, weights, in the form of metal plates, sandbags, or other similarly weighted material may be used.

(Ordinance 2011-O0050, sec. 2, adopted 7/27/2011)