§ 70-1. Park hours.

(a)

Offenses . A person commits an offense if he enters or remains:

(1)

In the Baytown Nature Center during hours in which the park is closed, which hours, periods and days of closure are posted at the park's entrance and include:

a.

Between 30 minutes after sunset and 30 minutes before sunrise as determined monthly by the director of parks and recreation;

b.

All times during inclement weather conditions as determined by the director of parks and recreation; and

c.

Between 12:01 a.m. and 12:00 p.m. on December 25; or

(2)

In any other municipal park, between 10:00 p.m. and 5:00 a.m., when such hours are posted at the park.

(b)

Exception . It is an exception to the application of this section, if:

(1)

The person is conducting official city business as an authorized municipal employee, an on-duty law enforcement, fire suppression or emergency medical service officer; or

(2)

The person enters or remains in the Wayne Gray Sports Complex during the prohibited hours specified in subsection (a)(2).

(c)

Defense . It is a defense to prosecution under subsection (a)(2) herein that:

(1)

The person holds a valid permit authorizing the individual to be in the park between the hours of 10:00 p.m. and 5:00 a.m. issued by the director of parks and recreation;

(2)

The person is launching or recovering a boat from a park boat ramp; or

(3)

The person is actively engaged in fishing activities on piers, docks or bulkheads designed, in whole or in part, for such activities.

(Code 1967, § 17-4.1(b); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91; Ord. No. 10,101, § 1, 7-14-05)