Legislation # 07-0408 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 7/18/2007
Title ORDINANCE TO AMEND AND REENACT CHAPTER 26, ENTITLED PARKS AND RECREATION SECTIONS 26-3, 26-4, 26-22, 26-28, 26-29, 26-30, 26-33, 26-37; AND TO REPEAL SECTION 26-25.
 
Legislation History 07-0408
DateNotice Of ActionDescription
8/15/2007 Approved
7/18/2007 Adopted on First Reading
7/9/2007 Received By Clerk's Office
 
View Attachments 07-0408
FileTypeSizeDescription
Chapter 26 Redline 707.DOC Other 43K Redline Version Chapter 26 Amendments
 
Legislation Text 07-0408

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0408

 

Enactment Number: -

 

ORDINANCE TO AMEND AND REENACT CHAPTER 26, ENTITLED PARKS AND RECREATION SECTIONS 26-3, 26-4, 26-22, 26-28, 26-29, 26-30, 26-33, 26-37; AND TO REPEAL SECTION 26-25.

 

ARTICLE I.

 

IN GENERAL

 

Sec. 26-3. Department of parks and recreation generally.

 

          (a)     There is hereby established a department of parks and recreation. There shall be a director of parks and recreation shall be appointed by the city manager.

 

          (b)     The city manager is hereby authorized and empowered to designate the duties and responsibilities of the department of parks and recreation. The city manager is further authorized to assign or reassign the care, management and supervision of the public grounds, buildings or areas used for, or designated for use for, parks and recreation.

 

Sec. 26-4. Responsibilities of the director of parks and recreation.

 

The director of parks and recreation shall be charged with the care, supervision, management and maintenance of all public parks, public playgrounds, public beaches, public recreation areas and such other areas belonging to the city or its agencies as may be directed by the city manager.

         

          The director of parks and recreation shall formulate, supervise and control the recreational programs sponsored or put on by the city.

 

          The director of parks and recreation shall be responsible for the supervision and control of athletic leagues which are recognized or sponsored by the city, for the promotion and formulation of public recreational entertainment programs for the people of the city and generally for the encouragement and provision of public recreation for the welfare of all the people of the city.

 

The director of parks and recreation shall also be authorized to adopt rules and regulations in order to provide for the public health, safety and welfare of the citizens of the city in the areas under his supervision, authority and control.

 

  ARTICLE II.

 

REGULATIONS GOVERNING PARKS AND RECREATION AREAS GENERALLY

 

Sec. 26-22. Park hours.

 

          (a)     City parks shall be open to the public from 7:00 a.m., until sunset. "Sunset" shall be defined as the hour published in a local newspaper for the setting of the sun. In emergency situations, these hours may be modified by the director of parks and recreation.

 

          (b)     For use of a park or admission to a park after the hours designated in this section, written permission must be obtained from the director of parks and recreation. Any person or group using a park after hours, with the permission of the director, shall have available, while so using the park, written proof of the right to so use such park and shall display such proof to park authorities or police upon request.

 

          (c)     In determining whether to grant permission to a group or person to use a park during other than the hours designated in this section, the director of parks and recreation shall consider the following:

 

          (1)     Whether the proposed use will involve unusual, extraordinary or burdensome expense on the part of the city;

 

          (2)     Whether the proposed use will entail unusual, extraordinary or burdensome police supervision by the city;

 

          (3)     Whether the proposed use will unreasonably interfere with or detract from the promotion of the public health, welfare, safety or recreation;

 

          (4)     Whether the proposed use can be conducted without necessitating a general reopening of the park; and

 

          (5)     Whether the facilities desired have been previously reserved for another use at the date and hour requested.

 

          (d)     The above provisions shall not apply to Briarfield Park, which shall be a primarily active athletic facility. Approved tournaments and organized athletic events, as scheduled and staffed by the parks and recreation department and which are permitted within the appropriate areas of the park, shall cease at 11:00 p.m. and the park shall be cleared of all persons and properly secured by 11:30 p.m. No special exceptions to this closure time shall be permitted.

 

          (e)     It shall be unlawful for any person to use, enter or remain in any park when the same is not open to the public, without the permission of the director of parks and recreation given in accord with this section.

 

Sec. 26-28. Live band performances.

 

          (a)     For the purpose of this section, "live band performance," shall mean the playing of any amplified musical instrument or any radio, tape recorder, tape deck and like or similar instrument to which an accessory speaker or amplification equipment is attached; the amplification of the voice when singing; or the organized playing of any instrumental ensemble, whether amplified or not; but such term shall not include the playing of a single unamplified instrument.

 

          (b)     No person shall participate in a live band performance in any public park or recreation area of the city, without having first obtained a permit from the director of parks and recreation. Application for such permit shall be made upon a form provided by the director of parks and recreation, and the applicant must agree to abide by all terms and conditions promulgated by the director, to which the permit shall be subject.

 

          (c)     In determining whether to issue a permit under this section, the director of parks and recreation shall consider the following:

 

          (1)     Whether the proposed activity will unreasonably interfere with or detract from the general public's enjoyment of the park or recreation area.

 

          (2)     Whether the proposed activity will unreasonably interfere with or detract from the promotion of public health, welfare, safety or recreation.

 

          (3)     Whether the proposed activity is reasonably anticipated to incite violence, crime or disorderly conduct.

 

          (4)     Whether the proposed activity will entail unusual, extraordinary or burdensome expense or police supervision by the city.

 

          (5)     Whether the facilities desired have been previously reserved for another use at the date and hour requested in the application.

 

          (d)     In addition to securing the permit required by this section, and as a condition thereto, the applicant shall deposit with the director of parks and recreation the sum of five hundred dollars ($500.00), which sum shall be allocated to defray the costs of police supervision and of any necessary repair or cleanup operations occasioned by the performance. Any portion of the deposit not so allocated shall be returned to the applicant on request, not more than thirty (30) days after the date of the performance.

 

Sec. 26-29. Operation of radios, tape recorders, etc., with accessory speaker or amplification equipment.

 

Radios, tape recorders, tape decks and like or similar instruments, to which any accessory speaker or amplification equipment is attached, shall not be operated in any of the city's public parks or recreation areas, unless a permit is obtained from the director of parks and recreation under the same terms and conditions as are provided in section 26-28. City-sponsored activities and events are exempt from this section.

 

Sec. 26-30. Sales, solicitations, etc., generally.

 

No person shall sell, solicit or beg within any public park or recreation area of the city, except as otherwise specifically provided in section 26-31 and except that bona fide civic or charitable organizations may solicit funds or sell merchandise subject to the written consent of the director of parks and recreation.

 

Sec. 26-33. Unlawful driving of vehicles.

 

No person shall drive any motor vehicle, with the exception of emergency vehicles and other authorized vehicles, upon the grass footways or elsewhere in the public parks, public playgrounds, public beaches or public recreational areas of the city other than upon the roads or parking areas of such public parks, public playgrounds, public beaches or public recreational areas of the city; provided, that the director of parks and recreation may permit the temporary use of such areas for parking of vehicles for the transportation of goods or materials for use on the premises.

 

Sec. 26-37. Consumption or possession of alcoholic beverages.

 

          (a)     No person shall drink alcoholic beverages, or carry on or about his person any containers of alcoholic beverages, while in or on the public parks, public playgrounds, public beaches or public recreation areas of the city, unless a permit authorizing the same is first obtained from the city's director of parks and recreation and the state's department of alcoholic beverage control.

 

          (b)     A violation of this section shall constitute a Class 4 misdemeanor.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on August 15, 2007.

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council