City discusses amended park camping ordinance

During a second reading of an amendment to prohibit camping of any type in Kindley Park, additional amendments were added by city staff for overall camping regulations on Lake Graham and penalties for violation of ordinances.

City Manager Eric Garretty spoke at the Graham City Council meeting Thursday, April 25 and said city staff had significantly revised the ordinance since the first reading, deleting the camping ordinance in its entirety and being replaced with new language.

“Staff were concerned that the ordinance, as originally proposed, did not provide stringent enforcement provisions and length of stay provisions,” he said.

Under the new proposal for the ordinance is that public overnight camping is not permitted on Lake Graham. The city manager said this change was made due to Code Enforcement Officer BJ Cook and city staff stating public spots on Eastside Lake Road were being left in poor conditions.

“BJ and them came to me and said all they really get out there is folks trashing the place and we do get multiple complaints from the lake lot owners about that,” Garretty said. “So what that means is... if you close Kindley Park to camping, what we’re saying is the only site that we’re going to do our best to maintain and improve would be at Lake Eddleman.”

One of the major changes was requiring permits for overnight camping at Lake Eddleman Park. The permit fee was approved to be increased to $20 per day to offset the cost of electricity, water, security fencing and a permitting system.

“If someone is saying they’re coming out there for a week, when they receive their permit we’re asking they pay their full stay in advance,” Garretty said. “The permit would be obtained from the city’s code enforcement department and BJ has procedures in place to do that type of permitting. No camp may be established for more than 14 consecutive days.”

Those who stay at Lake Eddleman Park must leave after 14 consecutive days and cannot return for a period of at least 30 days before requesting another overnight camping permit. The city did say that exceptional circumstances could allow them to extend the permit.

“For example, camping at Lake Eddleman Park while working at a job in the area. We do have some folks that come down here (and) they like to stay in the warmer weather, that type of thing,” Garretty said. “Those types of individuals may request a variance to stay at Lake Eddleman Park in excess of 14 consecutive days and such variance must be submitted to the (code enforcement office) for review and approval. However, in no circumstances shall a stay of longer than 180 consecutive days be allowed.”

Another addition to the ordinance was restricting use of public parks by those found to be engaged in criminal activity.

“Any person who’s found by a competent law enforcement officer to be engaged in any criminal activity, as defined by the State of Texas Penal Code while in park facilities shall be issued a criminal trespass affidavit and shall be ineligible to enter any city of Graham park facility for a period of not less than one calendar year from the date of issuance of the criminal trespass affidavit,” Garretty said. “This is, once again, trying to deal with the issue that we have now for minor offenses and minor misdemeanors. We can get someone out there, they can be arrested, they can be processed through the jail and they are normally bailed out for those minor offenses, and then they can go right back to the park.”

This would effectively ban those individuals from entering any city of Graham park facilities, including Firemen’s Park.
Those who violate any aspect of the proposed ordinance will be ordered to immediately vacate the park, forfeit any permit fee paid and will be prohibited from using the park facilities for one year and may be subject to fines or penalties.

The council approved sunrise to sunset as the operating hours of Eddleman Park and Kindley Park, with an exception where that will not apply at the boat ramp at Eddleman Park. The council also approved quiet hours at both parks from 11 p.m. to 7 a.m.

The city manager suggested obtaining a camping permit from the code enforcement department with a tag that would be placed on a vehicle or tent and easily visible to city staff and law enforcement. The city was in the process of researching the cost of adding a permitting system online that would allow for payment and then printing of the permit.

The city manager said that city staff will explore both the existing idea utilizing the city system and a possible QR code scanning system at the parks for presentation at a future council meeting. Before those systems are in place, the city will do permitting via the code enforcement department.

“So in the interim, what we’d like to do is ease into this where we take out the honor box (and) if BJ sees somebody out there and say, ‘Hey, you’re going to have to go get a permit at city hall.’ We’ll ease into it, if you’ll allow us to do that,” Garretty said. “In the meantime, probably over the next couple of council meetings, we’ll come up with a system that’s a little more customer friendly than that.”

The city heard from law enforcement officers from Graham Police Department and the Young County Sheriff’s Office regarding both parks, but primarily Kindley Park.

“What we have seen at Kindley Park specifically is a lot of narcotics trafficking. Our narcotics issue has increased, obviously, in our county,” YCSO Chief Deputy Chris Moody said. “It's a good spot for... individuals that deal narcotics and substance abusers. They will actually post spotters out there and watch for us to drive by and warn ahead to Newcastle that we got a unit going towards Newcastle. We have had multiple arrests for narcotics. This leads hand in hand with thefts, assaults. We have recovered stolen property from Kindley Park, namely firearms and firearms parts.”

Both parks will remain open for daily fishing and picnic activity. City Council Member Jack Little said this ordinance could potentially be a temporary measure for the council.

“At some point down the road, if we can recapture our facilities, we can make amendments. We just got to get things back under control. I don’t necessarily believe we do it at the expense of everybody either,” he said.