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ORD 1990-07TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 90-07 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING AND APPROVING CERTAIN RULES AND REGULATIONS GOVERNING THE USE OF PUBLIC PARKS WITHIN THE TOWN, INCLUDING REGULATIONS RELATING TO: THE PROHIBITION OF ALCOHOLIC BEVERAGES, ANIMALS WITHIN PUBLIC PARKS, DESTRUCTION OF PROPERTY, PICNIC AREAS, SANITATION, FIREARMS, VENDING AND ADVERTISING, NOISE, AND ATHLETIC FIELD USAGE; ESTABLISHING FEES FOR THE USE OF CERTAIN ATHLETIC FACILITIES, PROVIDING A SEVERABILITY CLAUSE; PENALTY OF NOT LESS THAN TWENTY --FIVE DOLLARS ($25.00) AND NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas is authorized and empowered by 1315.003, Tex. Loc. Gov. Code (Vernon), as amended, to regulate all public grounds belonging to the Town; and WHEREAS, the Town Council desires to adopt the regulations attached hereto governing the use of public parks within the Town, and hereby finds that the adoption of these regulations is in the best interest of the health, safety and welfare of the Town and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That the Park Regulations and Athletic Field Usage Policy, which are attached hereto as Exhibits "A" and "B", respectively, and incorporated herein, are hereby adopted and shall govern the use of all public parks within the Town. Section 3. The Town Council shall be and is hereby authorized and empowered to amend the Park Regulations and Athletic Field Usage Policies, other than any fine which may be imposed in the said Regulations and Policies, upon approval of a motion adopted by the Council. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. This ordinance shall be cumulative of all other ordinances of the Town of Trophy Club, Texas, affecting parks and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section C. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than Twenty -Five Dollars ($25.00) and not more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 7. That this ordinance shall take effect from and after its date of passage and publication as provided by law. PASSED AND APPROVED by the Town Club, Texas this the b day of _ ATT S �y� ow cretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: f'4 Towyn Attorney Town of Trophy Club, Texas -2- Council of the Town of Trophy March , 1990. or, Town of ophy Club, Texas TOWN OF TROPHY CLUB PARS: REGULATIONS A. DEFINITIONS For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) Amplified Sound shall mean any sound projected or transmitted by artificial means, including but not limited to, amplifiers, loudspeakers, or any similar devices, (2) Park shall mean any land selected, obtained, or acquired by the town for use as a public park or recreation or playground area, and any building or facility thereon, owned and maintained by the town as a public park, or recreation or playground area, whether or not such areas have been formally dedicated to such purposes. (3) Parking area shall mean any designated portion of any park or any park road or drive, that is set aside for the parking of vehicles. (4) Permit shall mean written permission from the Town of Trophy Club to carry out a given activity in a park. (5) Person shall mean any person, firm, partnership, association, corporation, company or organization of any kind. (6) Vehicle includes any wheeled device of conveyance, propelled by motor or engine. The term shall include any trailer of any kind, size, or description. Exception is made for vehicles in the service of the town. (7) Alcoholic Beverage includes all beverages containing alcohol. 1 B. HOURS OPEN TO THE PUBLIC Municipal parks shall be open to the general public only between the hours of 5:30 a.m. to 10:00 p.m. Except during the operating hours herein designated no person shall congregate, loiter, picnic, or otherwise use the facilities or grounds of the park. C. PROHIBITING ALCOHOLIC BEVERAGES OR DRUGS Ho person in a municipal park shall: (1) Sell alcoholic beverages. (2) Bring into, consume, possess, or distribute any alcoholic beverages or illegal drugs. D. ANIMALS AND PETS No person in a municipal park shall: (1) Permit any dog owned or possessed by a person to run at large nor permit any such dog in the park unless it shall be at all times kept on a leash; (2) Allow any animal into the play areas designated for small children. (3) Abandon any animal in the park. (4) Allow any horse into the park area. E. PARK PROPERTY No person shall do or cause to be done any of the following; provided, however, that these prohibited activities, other than that described in paragraph E(1)(a), may be allowed upon the approval by the Town Council and the issuance of a permit by the Town Secretary: (1) Buildings and Other Property (a) Disfigure and Removal. Mark, deface, disfigure, injure, tamper with or remove, any buildings, tables, benches, grills, fences, paving or paving materials, water lines or other public utilities or parts or appurtenances thereof, signs, notices, or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers or other structures or equipment, facilities or park property appurtenances whatsoever, either real or personal. 2 (b) Removal of Natural Resources. Dig or remove any sand, whether submerged or not, or any soil, rock, stone, or trees, shrubs or plants downed timber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means or agency, including building of barbecue pits, except in areas so designated. (c) Erection of Structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public utility into, upon, or across such lands, except by written permission of the Town of Trophy Club. (d) Attaching Wires, Ropes. Attach any wire, rope, or other contrivance to any structure or piece of park equipment. (2) Trees, Shrubbery, Lawns (a) Injury and Removal. Damage, cut, carve, transplant, or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig or otherwise disturb grass areas to the detriment of these areas, or in any way injure or impair the natural beauty or usefulness of any area, provided that normal use of grassed areas will not be prohibited. Exception is here made as to any regularly authorized party acting by and under the authority and regulation of the Town of Trophy Club. (b) Climbing, etc. Climb any tree or walk, stand or sit upon any monument, vases, fountains, railings, fences, or upon any other property or structure not designated or customarily used for such purposes. (c) Hitching of Animals. Tie or hitch a horse or other animal to any tree, plant, or structure. (d) Any group or individual trees, flowers, or shrubs have approval and written Town of Trophy Club. 3 desiring to plant in the park must permission of the (S) Wild Animals, Birds, Etc. (a) Hunting. Hunt, molest, harm, frighten, tease, shoot, or throw missiles at any animal, reptile, or bird; nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly or poisonous, such as rattlesnakes, or other deadly reptiles, may be killed on sight. (b) Feeding. Give or offer, or attempt to give to any animal or bird, any tobacco, alcohol or other toxic or injurious substances. F. VEHICLES AND TRAFFIC LAWS (1) All applicable state and local vehicles and traffic laws and ordinances shall continue in full -Force and effect in the park. (2) No person shall operate a vehicle on other than paved vehicular road designated for that purpose. G. RECREATIONAL ACTIVITIES No person in a park shall: (1) Picnic Areas and Use (a) Availability. Prevent any person from using any park, or any of its -Facilities, or interfere with any use already engaged in that complies with this section and the rules applicable to such use. (b) Duty of Picnicker. Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage, and other refuse is placed in the disposal receptacle where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnickers to be properly disposed of elsewhere. (c) Horseback Riding. Ride a horse or any other animal. 4 (d) Dangerous Amusements. Engage in activities that involve thrown or otherwise propelled objects such as golf balls, stones, arrows, javelins or other objects likely to inflict injury, except in areas set apart for such forms of recreation. (2) Fires. (a) Start or maintain, in any park, any outdoor fire except for cooking fires which shall be started and maintained only in a stove, fireplace, barbecue pit, or in a portable camp stove. (b) No person starting or maintaining any fire in a park shall leave the fire unattended without -First completely extinguishing the fire. H. SANITATION No person in a park shall: (1) Pollution of Waters "throw, discharge, or otherwise cause to be placed in the waters of any fountain, or body of water in or adjacent to the park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, material thing, liquid or solid, which will or may result in the pollution of said waters. (2 ) Refuse and Trash Have brought in or shall dump, deposit, or leave any bottle, broken glass, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the grounds, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. I. FIREARMS No person in a park shall carry or possess at any time firearms of any description, or air rifles, spring guns, arrows, slings, or any instrument that can be loaded with blanks, cartridges, or any kind of trapping device. 5 Shooting into park areas from beyond park boundaries is prohibited. Exception is here made to law enforcement officers while in performance of their duties. J. MERCHANDISING, ADVERTISING, AND SIGNS No person shall: (1) Vending and Peddling Expose or offer for sale any article or thing, nor station or place any stand, cart or vehicle for the transportation, sale, or display of any such article or thing. Exception is here made as to any authorized party or regularly licensed concessionaire acting by and under the authority and regulation of the Town of Trophy Club. (2) Advertising Announce, advertise, or call the public attention in any way to any article or service for sale or hire. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Town of Trophy Club. (3) Signs Glue, tack or otherwise post any sign, placard, advertisement, or inscription whatever nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park. Exception is here made as to any authorized party or to any regularly licensed concessionaire acting by and under the authority and regulation of the Town of Trophy Club. K. TENNIS AND MULTI-PURPOSE COURTS No person on the tennis or multi-purpose courts shall: (1) !dear hard -soled shoes; (2) Operate wheeled vehicles; (3) Be on the courts for any purpose other than their intended use; or (4) Use roller skates, skateboards or ride bicycles. X L. NOISE RESTRICTIONS No person shall use such electronic equipment at any time where such amplified sound may be heard at a distance greater than one hundred (100) yards except as acting by the authority of the Town of Trophy Club. M. PENALTY Any person or persons violating this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not to exceed five hundred dollars ($500.00) and not to be less than twenty-five dollars ($25.00). Each and every day such violation shall continue to exist shall constitute a separate offense. March 1, 1990 7 TOWN OF TROPHY CLUB ATHLETIC FIELD USAGE POLICY SECTION I. SPECIFIC ATHLETIC SEASONS The Park and Recreation Committee will establish specific athletic seasons that will adhere as closely as possible to the seasons established by the governing bodies of area sports associations. The Committee will allocate athletic fields in the Town of Trophy Club. SECTION II. REQUIREMENTS OF ORGANIZATIONS AUTHORIZED TO UTILIZE ATHLETIC FIELDS ON A REGULARLY SCHEDULED BASIS 1. Regular usage must be approved by the Park and Recreation Committee. 2. Organizations desiring to begin a program in the Town of Trophy Club and be authorized to utilize athletic fields by the Town of Trophy Club must submit an application to the Park and Recreation Committee of the Town of Trophy Club sixty (60) days prior to the start of the proposed season. 3. Maintain liability and accident insurance coverage for each participant that provides a minimum of $5,000.00 for accidental death and dismemberment and $25,000.00 accident and medical expense coverage. A copy of the insurance coverage policy of each organization must be on file with the Town of Trophy Club prior to the first league game. 4. Maintain a Board of Directors, governing body or comparable representative board. 5. File with the Town of Trophy Club a game schedule at least five (5) days prior to the first official league game. SECTION III. APPLICATION FOR USE OF ATHLETIC FIELDS After an organization is granted authority to utilize athletic fields of the Town of Trophy Club, the following will apply: 1. Each organization will be assigned regulation fields based on that organization's priority and field availability. 1 2. Regulation -Fields may be assigned to other entities only after the needs of authorized organizations are met. 3. Maintenance of fields will be performed by the Town of Trophy Club in conjunction with volunteer organizations utilizing the fields. 4. All users will be solely responsible for clean up of the athletic fields and surrounding areas after events. SECTION IV. AVAILABILITY OF FIELDS 1. The Parks and Recreation Committee reserves the right to limit the frequency of use on regulation fields by any organization. 2. Tournaments. Only tournaments authorized by the Parks and recreation Committee will be held at the park. All organizations holding tournaments will be solely responsible for clean up of the fields and surrounding areas after events. Tournament schedules are subject to approval by the Town Council of the Town of Trophy Club. 3. Authorized organizations based within the Town of Trophy Club will have priority scheduling of the fields. SECTION V. VIOLATION OF POLICY Any person or organization violating the Field Usage Policy or the Park Regulations may, under direction of the Parks and Recreation Committee or Town Council, be refused usage of facilities. SECTION VI. CONCESSION AGREEMENT The Parks and Recreation Committee for the Town of Trophy Club exclusively reserves the right to maintain or assign its rights to concessions during events subject to the approval of the Town Council. 2 SECTION VII. LEASE AGREEMENT 1. All leagues and associations that hope to raise funds on the parks through concessions must enter into a lease agreement with -the Town of Trophy Club in order to do SO. All leagues will be expected to comply with the policies of the Town as well as the rules and regulations of the lease agreement. SECTION VIII. FEES A fee structure; for use of park facilities is attached to this Usage Policy as Fee Schedule A. SECTION VIX. GOVERNING CLAUSE Authority to utilize athletic fields by an organization and usage of athletic fields shall be subject to all ordinances and resolutions of the Town of Trophy Club. February 20, 1990 3 TOWN OF TROPHY CLUB PARKS AND RECREATION FEE SCHEDULE A All fees are to be paid at the time of reservation. Amounts shown are for each separate use. Reservation Fee $10.00 (For non -Trophy Club based organizations) (Fee is per scheduled time.) Light Usage Fee SOFT BALL FIELD $ 3.00 hr. Reservation Fee $10.00 (For non --Trophy Club based organizations) (Fee is per scheduled time.) PAVILION Reservation Fee (5 hr. period) $25.00 February 28, 1590 9