Title
Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 2, Entitled “Administration”; Chapter 4, Entitled “Amusements”; Chapter 7, Entitled “Boats, Beaches and Waterways”; Section 7-49, Article III, Chapter 7, Entitled “Dogs Prohibited During Certain Period”; the Title of Chapter 26, Entitled “Parks and Recreation”; Section 26-2, Article I, Chapter 26, Entitled “Definition”; Section 26-3, Article I, Chapter 26, Entitled “Department of Parks and Recreation”; Section 26-4, Article I, Chapter 26, Entitled “Responsibilities of the Director of Parks and Recreation”; Section 26-22, Article II, Chapter 26, Entitled “Park Hours”; Section 26-26, Article II, Chapter 26, Entitled “Reservation of Areas for Use By Specific Individuals or Groups”; Section 26-26.1, Article II, Chapter 26, Entitled “Park and Outdoor Facilities Fees”; Section 26-30, Article II, Chapter 26, Entitled “Sales, Solicitations, etc., Generally”; Section 26-31, Article II, Chapter 26, Entitled “Operation of Mobile Food Service Facilities in Specific Parks and Public Areas”; Section 26-33, Article II, Chapter 26, Entitled “Unlawful Driving of Vehicles”; Section 26-37, Article II, of Chapter 26, Entitled “Consumption or Possession of Alcoholic Beverages”; Section 26-51, Article III, Chapter 26, Entitled “Designation and General Duties of Director of Parks and Recreation”; and Section 26-55, Article III, Chapter 26, Entitled “Use for Tournaments” All Pertaining to Citations, Chapters, Articles, and Sections Which are Being Amended to Reflect the Name of the Department Now Called “Parks, Recreation and Leisure Services”
Purpose
PURPOSE/BACKGROUND:
The term “leisure services” is being proposed to be added to the department name to reflect the diverse array of offerings provided by the City of Hampton’s Department of Parks and Recreation. These services extend beyond just simple “parks” and “recreation” and include the Performing and Creative Arts Center, the Hampton History Museum, the historic Hampton Carousel, and senior services. Broadening the name at this time is appropriate as we increase our efforts around place making and adding “fun” to the community. Staff is also focusing on new ways to market the department and new ways to partner with other departments in city government as well as in the community, including with “co-creators.”
Discussion:
See background statement
Impact:
None
Recommendation:
Rec
Approve Ordinance.
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Sections 7-49, 26-2, 26-3, 26-4, 26-22, 26-26, 26-26.1, 26-30, 26-31, 26-33, 26-37, 26-51, 26-55, and Chapters 2, 4, 7 and 26 of the City Code of the City of Hampton, Virginia be amended to read as follows:
Chapter 2 - ADMINISTRATION
Footnotes:
--- (1) --- Cross reference- Animal control officer and pound generally, § 5-4; elections, Ch. 12; libraries, Ch. 17; department of parks, recreation and leisure services, § 26-3 et seq.; pensions and retirement, Ch. 28; police, Ch. 29; assessment department and office of assessor, § 37-16; assessment board of review, § 37-18 et seq.
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Chapter 4 - AMUSEMENTS
Footnotes:
--- (1) --- Cross reference- Boats, beaches and waterways, Ch. 7; license tax on various amusements, § 18.1-75 et seq.; license tax on amusement machine operators, § 18.1-101; obscene exhibitions and performances, § 23-5; scalping tickets to public events, § 24-29; parks, recreation and leisure services generally, Ch. 26; theatrical entertainments and other performances in parks, § 26-27; swimming pools, Ch. 36; tax on admission charged to places of amusement or entertainment, § 37-276 et seq.
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Chapter 7 - BOATS, BEACHES AND WATERWAYS
Footnotes:
--- (1) --- Charter reference- Wharves, docks and other structures erected along waterfront of city declared to be within corporate boundaries, § 1.02.
Cross reference- License tax on marinas, § 18.1-39; injuring, tampering with, etc., boats, § 24-32; obstructing or polluting drains or waterways, § 24-43; parks, recreation and leisure services, Ch. 26; easements along water courses in subdivisions, § 35-85.
State Law reference- Waters of the state, ports and harbors, Code of Virginia, § 62.1-6 et. seq.; boating laws, Code of Virginia, § 29.1-700 et seq.; local regulation of operation of vessels, Code of Virginia, § 29.1-744.
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ARTICLE III. - BEACH REGULATIONS
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Sec. 7-49. - Dogs prohibited during certain period.
It shall be unlawful for any person owning, having control of or harboring any dog to cause, suffer or permit such dog to be on the public sand beaches within the city, Buckroe Beach Boardwalk, or in those areas in Buckroe Beach Park designated by the parks, recreation and leisure services director, during the period from May fifteenth through September fifteenth of each year.
The foregoing prohibition shall not apply to "hearing dogs" or "service dogs", as used by a blind or deaf person pursuant to Code of Virginia, § 51.5-44(E).
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Chapter 26 - PARKS, RECREATION AND LEISURE SERVICES
Footnotes:
--- (1) ---
Charter reference- Authority of city relative to recreation facilities, § 2.07.
Cross reference- Boats, beaches and waterways, Ch. 7; operation of mobile food service facilities in parks, § 15-141; parades, Ch. 25; subdividers to make available, for public acquisition, lands for park and playground purposes, § 35-83.
State Law reference- Authority of city to establish and maintain parks, recreation facilities, playgrounds, etc., Code of Virginia, § 15.2-1806 et seq.
ARTICLE I. - IN GENERAL
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Sec. 26-2. - Definitions.
When used in this Code, the phrase “parks and recreation” shall be synonymous with the phrase “parks, recreation and leisure services” when used to describe the department established by section 26-3 and the director thereof.
When used in this chapter, the term "public park" shall be construed to include, but not be limited to, all golf courses owned by or under the jurisdiction of the city and all rules and regulations embodied in this chapter shall apply to such golf courses unless, by their nature, they could have no such application.
Sec. 26-3. - Department of parks, recreation and leisure services generally.
(a) There is hereby established a department of parks, recreation and leisure services. There shall be a director of parks, recreation and leisure services who 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, recreation and leisure services. 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, recreation and leisure services.
Sec. 26-4. - Responsibilities of the director of parks, recreation and leisure services.
The director of parks, recreation and leisure services 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, recreation and leisure services shall formulate, supervise and control the recreational programs sponsored or put on by the city.
The director of parks, recreation and leisure services 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, recreation and leisure services 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, and to establish fees for use of the facilities and services for which he has responsibility.
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ARTICLE II. - REGULATIONS GOVERNING PARKS AND RECREATION AREAS GENERALLY
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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, recreation and leisure services.
(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, recreation and leisure services. 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, recreation and leisure services 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, recreation and leisure services 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, recreation and leisure services given in accord with this section.
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Sec. 26-26. - Reservation of areas for use by specific individuals or groups.
(a) In order to provide for the orderly use of public parks and recreation areas, the director of parks, recreation and leisure services is hereby granted the authority to reserve certain areas, such as picnic shelters and ball fields, for use by specific individuals or groups of individuals for such periods of time as he shall deem proper.
(b) No person shall, after having been advised that an area has been reserved pursuant to this section, use or occupy such area during the time of such reservation, unless he is a member of the group for which the area is reserved.
Sec. 26-26.1. - Park and outdoor facilities fees.
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(b) Event organizers who conduct events on public parks and outdoor facilities shall pay a “Park and Outdoor Facilities Fee” as set forth in the “City of Hampton Park and Outdoor Facilities Rental List,” which shall be kept on file with the department of parks, recreation and leisure services. The director of parks, recreation and leisure services is authorized at his discretion to exempt certain events from paying Park and Outdoor Facilities fees.
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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, recreation and leisure services.
Sec. 26-31. - Operation of mobile food service facilities in specific parks and public areas.
(a) Mobile food service facilities, as approved by the director of public health according to the provisions of Article IV of Chapter 15 of this Code, shall be allowed to operate in areas designated as public parks and recreation areas, subject to the provisions of this section.
(b) For the protection of the public the operation referred to in subsection (a) above shall be subject to the approval of, and reasonable regulation of, the director of parks, recreation and leisure services, such regulation to include the number of facilities per park or recreational area.
(c) The hours during which mobile food service facilities shall be allowed to operate under this section shall be from 10:00 a.m. to sunset, or as approved by the director of parks, recreation and leisure services.
(d) Each operator of a mobile food service facility operating pursuant to this section shall carry with him, at all times while operating his facility, written evidence of approval by the director of parks, recreation and leisure services. No such approval granted by the director of parks, recreation and leisure services shall be valid for a period longer than one year from the date granted. Any such approval shall be revocable or suspended by the director of parks, recreation and leisure services for violation of any ordinance of the city, law of the commonwealth or regulation issued under this section.
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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, recreation and leisure services may permit the temporary use of such areas for parking of vehicles for the transportation of goods or materials for use on the premises.
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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, recreation and leisure services and the state's department of alcoholic beverage control.
(b) A violation of this section shall constitute a Class 4 misdemeanor.
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ARTICLE III. - HAMPTON TENNIS CENTER
Sec. 26-51. - Designation and general duties of director of parks, recreation and leisure services.
The director of parks, recreation and leisure services (hereinafter "director") shall be charged with the care, management and supervision of the Hampton Tennis Center.
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Sec. 26-55. - Use for tournaments.
The Hampton Tennis Center may be reserved for tournaments, provided an application for a facility use permit is submitted to the director of parks, recreation and leisure services for approval at least two (2) weeks prior to the date of intended use and the court fee is paid at least two (2) days prior to the tournament. The tournament rate shall be set by the director of parks, recreation and leisure services.
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