Creation and purpose of parks and recreation department; definitions; and sale of goods and services.
El Paso City Code § 13.24.010
in effect13.24.010 - Creation and purpose of parks and recreation department; definitions; and sale of goods and services.
A. Creation and purpose of the parks and recreation department.
1. There is established the Parks and Recreation Department in the City of El Paso, which shall generally provide administration of the various city parks, city-operated land used for parks or recreational purposes, city open space, and parks and recreation facilities.
2. The primary function of the department shall be the performance of duties relating to the administration and utilization of city parks that are under the administration of the department; and to generally perform duties relating to city parks as to be determined by the city manager.
B. Definitions. The following definitions apply to these terms as used in this chapter.
1. "Alcoholic beverage" means alcohol or any beverage containing alcohol that is capable of being used for beverage purposes, either alone or when diluted, including but not limited to beer, wine, distilled spirits and mixed beverages containing alcohol.
2. "Amusement device" means any item that is temporarily installed for the purpose of playing on, including but not limited to climbing walls, dunking booths or inflatable items such as jumping balloons, slides, castles and similar items and temporary playground equipment.
3. "Appeals official" means the city manager or a deputy city manager as designated by the city manager.
4. "City park" means any property in the city that is designated, set aside or operated by the city for public recreational purposes, whether dedicated or developed as a park or not, or that is located in any street right-of-way and is maintained as public open space, including all buildings, recreation facilities, playgrounds, parking lots, driveways, pathways, trails and other areas within a park, to include Scenic Drive. Designation of property as a city park pursuant to this subsection is solely for the purposes of identifying areas governed by this chapter and shall not be construed to be a dedication of any property as a park.
5. "Cultural event" means an event that celebrates Cesar Chavez Day, Lincoln Park Day, Cinco De Mayo, 16th of September, Dia de Los Muertos, Dia de La Virgen de Guadalupe. A cultural event may take place on an extra day either immediately preceding or immediately succeeding one of the aforementioned days if planned on the weekend. A cultural event includes a lowrider event organized by a local organization. Council may, by resolution, approve another event as a cultural event.
6. "Department" means the parks and recreation department.
7. "Director" means the director of the parks and recreation department or a designee.
8. "Facility" shall have the meaning as defined in Section 13.24.200.
9. "Identifiable area" means a building, a shelter, a fenced athletic field, or other area subject to controlled ingress and egress as determined by the director.
10. "Roadway" means the portion of a street, alley or highway designed or ordinarily used for vehicular travel.
11. "Security guard or officer" means a uniformed private security guard who is duly licensed as provided in the Texas Occupations Code, or a uniformed peace officer.
12. "Sidewalk" means all portions of a street, alley or highway between the curblines, or the lateral lines of the roadway and the adjacent boundary lines, whether or not the same have been improved for pedestrian travel.
13. "Stand" means any structure, machine, box, table, container, vessel, vehicle, utility, post or pole, traffic control signs or signals, building or any other thing located, placed, stopped or allowed to remain upon, over or along any city park or street, sidewalk, alley, square, or public right-of-way abutting a city park or Scenic Drive.
14. "Street," "alley," or "highway" means the entire width between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for purposes of vehicular or pedestrian travel, to include but not be limited to the roadway and the sidewalk.
C. Sale of goods and services. Except as provided herein or in Section 13.24.030, it shall be unlawful for any person to:
1. Have, keep, maintain, run or conduct a stand in or upon or over or along any city park.
2. Sell, offer for sale, or expose to sale any commodity, stock of goods, wares, merchandise, produce, other farm products, candy, sodas and other like refreshments, new or used vehicles, animals or any other articles or things of value of any kind in, from, out of or affixed to a stand, or by placement of such items directly upon the ground over or along any city park.
3. Sell, offer for sale or expose to sale any commodity, stock of goods, wares, merchandise, foodstuffs, refreshments or other edible or potable substances from any vehicle, cart or wagon, or any basket, tray, box or other receptacle driven or taken into any city park, provided that this section shall not prohibit the direct and through passage of licensed motor vehicles traveling upon dedicated public streets that pass through a city park.
4. Conduct or provide activities, lessons, instruction or other services that requires the payment of a fee for participation.
D. The prohibitions contained in subsection C. do not apply to the following types of sale or other services including offers for sale or exposures to sale, provided that the requirements of all other applicable city code provisions are met, including but not limited to licensing requirements and health regulations:
1. A sale of newspapers, pamphlets, handbills or other written or printed matter held and sold by a person, provided that no materials to be offered for sale by the person are placed on the ground or stored in the park prior to the time of sale.
2. A sale held inside a city facility located in a city park, provided that appropriate authorization for the sale has been granted upon such conditions as do not unlawfully surrender the city's right of supervision, regulation and control, are consistent with park purposes, and do not unreasonably interfere with the rights of the public to the enjoyment of the park facility.
3. A sale authorized by a permit, license, lease, concession or other contract in accordance with the city code and department procedures, granted under such conditions as to not unlawfully surrender the city's right of supervision, regulation and control and which is consistent with park purposes.
4. A mobile food vendor selling edible and potable substances on a public street, thoroughfare, parking lot or other paved surface located within or adjacent to a city park in accordance with the requirements established in Chapter 12.46 of this Code.
5. A sale conducted pursuant to a department-produced activity and event as authorized herein and under Section 13.24.200 of this Code.
6. An activity, lesson, instruction or other service that is authorized by a permit, license, lease, concession or other contract in accordance with the city code and department procedures granted under such conditions as to not unlawfully surrender the city's right of supervision, regulation and control and which is consistent with park purposes.
E. The prohibitions contained in subsection C do not apply to any activity that the city council has permitted or licensed in accordance with the provisions of this chapter or that is authorized by the terms of a lease, concession or contract.
(Ord. No. 17845, § 1, 7-31-2012; Ord. No. 019792, § 2, 9-16-2025)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT13STSIPUPL_CH13.24CIPAREAR_13.24.010CRPUPAREDEDESAGOSEFetched: 10/28/2026