Chapter 32 of the City of Houston Code of Ordinances governs the Parks and Recreation Department (HPARD) including duties and authority of the Director, use of parks, events in parks, park use permits, trees, plants and shrubs, authorized uses of park revenues, park food vendors, Miller Theatre Advisory Board, and Houston Parks Board. HPARD Director Joe Turner briefed City Council Quality of Life Committee on the proposed updates on September 30, 2015. A public input period followed from October 1 to October 31, 2015.
Chapter 32 must be updated because the U.S. Court of Appeals, 5th Circuit ruled that Article III, Public Gatherings as written is unenforceable because of vague requirements for permits and must be updated to define public gathering and designate areas of the park to which permitting requirements apply. Additionally, while there have been minor periodic updates, there has not been a comprehensive update in over 25 years.
Proposed changes to Article III , Public Gatherings include changing the title to Park Events and defining a park event as any group activity or organized event involving more than 30 people. Smaller groups will not be required to get a permit, unless to reserve a facility. Also, a Mayor’s Office of Special Events (MOSE) permit will be required for any park event needing significant provision or coordination of City services.
Other proposed changes include updates throughout the chapter to reflect current HPARD practices, including the simplification of the section on off-leash dog recreation areas (dog parks) and substantial changes to the Article pertaining to Park Food Vendors. Types of Park Food Vendors and requirements for each type are defined, application requirements are clarified, and , a section related to food trucks has been added. Operating a food truck in a park is unlawful, unless operating pursuant to: 1. A special events permit through MOSE, 2. A contract awarded pursuant to Chapter 15 (RFP process), or 3. A concession contract approved by City Council pursuant to section 32-8(b) (Concessions in parks). The proposed changes are consistent with established rules in the Code.
Some Articles are renumbered and two will be removed. Article V, Garden Center is removed because the facility has been replaced by the McGovern Centennial Garden managed by the Hermann Park Conservancy. Article VII, Tennis Centers is also removed as it has been found to be unnecessary because it is the only park facility of its type with its own, brief section and for simplification should fall under any other type of park facility.