IN GENERAL

Houston Code of Ordinances ch. 32, art. I

in effect

Houston Code of Ordinances § 32-1 Definitions.

Sec. 32-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings assigned in this section, except where the context clearly indicates a different meaning: Department means the parks and recreation department of the city. Director means the director of the department of parks and recreation of the city or the director's designee. Members of the public shall include all persons other than (1) those engaged in park maintenance and construction under authority of the city, and (2) officers, employees, and agents of government while engaged in the performance of their duties of employment or office. Parks means the various properties under the direction, control and supervision of the director pursuant to the authority granted in sections 32-4 and 32-5 of this Code. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-2 Department—Created.

Sec. 32-2. - Department—Created. There is hereby created and established the parks and recreation department of the city. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-3 Same—Director generally.

Sec. 32-3. - Same—Director generally. There is hereby created the office of director of the department of parks and recreation of the city. The director shall be the head of the department and shall be appointed by the mayor, subject to confirmation by the city council. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-4 General duties of director.

Sec. 32-4. - General duties of director. It shall be the duty of the director to direct, control and manage all parks, parkways, esplanades, trails, playgrounds and recreation buildings and other improvements on park and playground property belonging to or under the control of the city and such other grounds as may be placed under his control, from time to time, by the mayor and city council, and to direct the improvement and maintenance of all such properties. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-5 Authority of the director.

Sec. 32-5. - Authority of the director. (a) The director shall have authority to promulgate written rules and regulations for the administration of the department and for the orderly management and use of parks by the public, provided that such regulations do not conflict with valid laws or ordinances. A copy of such rules and regulations shall be published on the city(s website and maintained for public inspection in the offices of the director and the city secretary. (b) The director shall be authorized to contract with referees and sports field monitors for athletic contests and instructors for recreation classes. Fees paid to referees, sports field monitors, and recreation instructors shall be approved by the city council. No such referee, sports field monitor, or recreation instructor shall be considered an employee of the city. (c) From time to time, city council may approve contracts with other entities for the operation or management of various parks or park facilities. These city council approved contracts shall be the governing rules and regulations for the specified parks or park facilities. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-6 Trees, shrubs and plants in public property.

Sec. 32-6. - Trees, shrubs and plants in public property. (a) The director shall have authority and jurisdiction over all trees, shrubs and plants of any kind and character that are now or may hereafter be planted on or along the streets or other public places of the city, including all plantings of every kind and character lying outside of the property lines of privately owned property and as prescribed in chapter 33 of this Code. (b) The director shall have the duty to: (1) Direct, regulate and encourage the planting, culture and preservation of shade and ornamental trees and plants on the streets and public places of the city; (2) Direct, regulate and encourage the pruning, spraying, cultivation and maintenance of such trees and plants, and to direct the time and method of pruning and trimming the same; (3) Remove or cause to be removed any tree or plant, or other obstruction, that in his judgment, would interfere with the development of adjoining trees or plants or with the free use of the streets or sidewalks; (4) Advise property owners with respect to the kinds of trees to plant or shrubbery desired on the particular street, and the method of planting the same; (5) Take all such measures as may be deemed necessary or desirable to control all dangerous insects, pests and plant diseases that may affect trees or shrubbery on the streets or other public places in the city; (6) Devise plans for the planting of trees on and along the streets between the curbs and property lines within the city, where trees may be desirable; (7) Prescribe the character, kind, size, space and position of all trees so planted on or along public streets or other public places; (8) Prevent the planting of trees, shrubs or other plants that are not in his judgment desirable; and (9) Plant or cause to be planted such trees on or along such streets or other public places as the director may deem proper. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-7 Revenues from park operations.

Sec. 32-7. - Revenues from park operations. (a) All revenues derived by the city in any manner from park user fees as defined in section 32-69 of this Code and from concession agreements authorized under section 32-8(b) (collectively denoted "park revenues"), except revenues received by the city from city park golf facilities as set out in subsection (b) below, shall be regularly remitted to the city controller with an accounting thereof. Unless otherwise expressly provided by ordinance or state law, park revenues shall be deposited in the parks special revenue fund to be used for repairs, replacement, and renovation of parks' revenue producing facilities, and equipment and for maintenance and operation of parks' revenue producing facilities and activities. By 60 days following the end of each fiscal year, any amount of money in the fund's current fiscal yearend fund balance that is in excess of four months of the average of the previous three fiscal years' audited expenditures less debt from the current fiscal year's ending fund balance, may be appropriated by city council and transferred to the General Fund for general city expenditures, as needed. (b) Unless otherwise expressly provided by ordinance, 100 percent of the revenues received by the city and derived from all city-owned golf facilities, whether operated by the city or private entities, including all related concession fees, shall be deposited into the parks golf special fund to be used exclusively for the maintenance, operation and improvements of any or all of such golf facilities. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016; Ord. No. 2018-366, § 2, 5-2-2018; Ord. No. 2019-447, § 3, 6-12-2019)

Houston Code of Ordinances § 32-8 Concessions in parks.

Sec. 32-8. - Concessions in parks. (a) Except as otherwise specifically authorized in this Code, no person shall have the right to offer or promote anything for sale or barter, or to exhibit anything, or to conduct any amusement, recreational activity, sports event, or other business for which any participation or admission fee is charged or revenue is otherwise derived, within any park without first obtaining the written consent of the director as provided in this section. (b) Consent, for the purpose of subsection (a) of this section, may be granted in writing by the director upon receipt of uniform standard fees, conditions and consent forms adopted therefor pursuant to section 32-69 of this Code, if the right is nonexclusive and of six months' duration or less. Any other consent shall be effective only if granted by an express written contract therefor which has been executed by the mayor pursuant to an ordinance of the city specifically authorizing the execution thereof. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-9 Certain facilities to be managed by houston first corporation.

Sec. 32-9. - Certain facilities to be managed by houston first corporation. The city facilities known as Fish Plaza, Jones Plaza, Miller Outdoor Theater, Sesquicentennial Parks I and II, Sweeney Clock Triangle and Root Memorial Square shall be managed by Houston First Corporation. The provisions of this chapter shall be applicable to these facilities to the extent that they may constitute parks, but any duties and responsibilities placed upon the department and its director and employees hereunder shall, with respect to these facilities, be instead performed by Houston First Corporation. Nothing in this section shall be construed to affect the status of these facilities, and their mention in this section shall not be construed to dedicate the facilities as parks if they have not already been so dedicated. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-10 Maintenance or adoption of natural areas.

Sec. 32-10. - Maintenance or adoption of natural areas. Any person desiring to maintain a "natural area," as provided in section 10-451(b)(10) of this Code, whether situated in a park or not, or desiring to adopt such an area that is located in a park, parkway, trail, esplanade, playground, or other property belonging to or under the control of the city, shall submit an application to the director, and obtain a permit for that purpose. As authorized in section 32-5 of this Code, the director shall promulgate rules and regulations for natural areas, which shall include, but not be limited to, permit procedures, a list of unacceptable plants, and maintenance requirements. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-11 Off-leash dog recreation areas.

Sec. 32-11. - Off-leash dog recreation areas. (a) The director is authorized to designate parks or portions of parks as off-leash dog recreation areas in which persons may allow unleashed dogs to be at large. The director may promulgate rules and regulations as provided in section 32-5 of this Code for the operation of off-leash dog recreation areas, provided that any such regulations shall be reviewed and countersigned by the director of the department of administration and regulatory affairs with respect to animal regulation and care issues, including but not limited to: (1) Security measures to assure that the unleashed dogs remain contained within the dog recreation area; (2) Control of noise and other potential nuisances that might affect nearby land uses; (3) Parasite control; (4) Feces control within the dog recreation area and feces runoff from the dog recreation area; and (5) Provisions for the exclusion of dogs that do not participate in compliance with the applicable regulations or that demonstrate aggressive behavior towards other dogs or persons. (b) Dogs within off-leash dog recreation areas shall not be subject to impoundment for being or running at large as otherwise provided in chapter 6 of this Code provided that such dogs, while in the designated off-leash dog recreational areas, must remain under the immediate personal supervision and command of their owner or handler. It is a defense to prosecution under any provision of chapter 6 of this Code relating to being or running at large of a dog that the dog and its owner or handler were in a designated off-leash dog recreation area of a park. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH32PARE_ARTIINGEFetched: 10/26/2026