§ 29-1. Hours of operation for parks in the city
(a) Definitions. [As used] in this section:
(1) Operational hours means from 6:00 a.m. to 10:00 p.m. each day.
(2) Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(3) Park means the following locations in the city limits of Albany, Texas insofar as said locations are used as parks for the public:
Webb Park at 917 Railroad St.
Walking through History Park at 440 S. Main
Spudder Park at 641 US Hwy. 180
Albany Golf Course at 1033 N. 3rd
Hebel Softball Field at 1217 Griffin Rd.
Little League Park at 1217 Griffin Rd.
(4) Remain means to:
a. Linger or stay; or
b. Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
(b) Offenses. A person commits an offense if he remains in a park or on the premises of a park other than during operational hours.
(c) Defenses. It is a defense to prosecution under subsection (b) that the person was:
(1) In a motor vehicle then involved in interstate travel;
(2) Involved in an emergency;
(3) Attending an official school, religious or other recreational activity supervised by adults and sponsored or approved by the city, a civic organization or other similar entity and the activity that is being so supervised or sponsored is still in progress;
(4) Approved game of "night" golf at the Albany City Golf Course; or
(5) Exercising First Amendment rights protected by the United States Constitution.
(d) Enforcement. Before taking any enforcement action, a police officer shall ask the person the reason for being in the park. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense under subsection (c) is present.
(e) Penalties. A person who violates a provision of this section is guilty of trespass for each day or part of a day during which the violation is committed or continued. Each offense, upon conviction, is punishable by a fine not to exceed $500.00.
(f) Notices. The city shall post notice at each entry place where a public street accesses the park, which notice shall refer to this section and the hours of operation.
(g) Enforcement. The city police may take such action as is lawful and appropriate in the event of an alleged violation of the ordinance and/or in the event of nonpayment of fines and costs arising after conviction. The court of jurisdiction for the city shall have authority to issue orders necessary to enforce this section.
(Ord. No. 10-06-1, §§ A—G, 6-7-2010; Ord. No. 10-06-1A, §§ A—G, 12-10-2012; Amend. of 2-11-13, § B)