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ORD 2013-10• ■ 1 :M" 1 • _ I WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, the Park Board, along with Staff, has reviewed the existing Ordinance governing the use of park property within the Town and has determined it necessary and appropriate to recommend that Council make various amendments thereto; and WHEREAS, the establishment of additional regulations and prohibitions is needed to create operational parameters for current and additional park properties and facilities; and WHEREAS, the Town Council has reviewed the proposed amendments and finds them appropriate and necessary for the protection of public health, safety and welfare. NOW • ' ORDAINED iWN COUNCIL OF • OF TROPHY All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENTS 2.01 Section 1.01 of Article I entitled "Parks And Recreation Board" of Chapter 9 entitled "Parks and Recreation" of the Code of Ordinances of the Town of Trophy Club is hereby amended to add the following definitions, and the remaining definitions shall be not be altered but shall be ratified and affirmed, and all definitions shall be listed in alphabetical order with the definitions adopted hereby to be and read in its entirety as follows: "Section 1.01. DEFINITIONS. For the purpose of Article, the following terms, phrases, words and their derivations shall have the meaning given herein: Adult shall mean a person eighteen (18) years of age or older. Amplified Device shall mean any sound system or other device which has the ability to increase or make louder any voice or other sound or noise and which transmits. such voice, sound or noise to the general public or persons in the vicinity. Baseball Facility(ies) shall mean all structures or grounds withing Independence East and Independence West that are utilized for baseball or t -ball activities. Director shall mean the Director of Parks and Recreation for the Town of Trophy Club or his designee. Park Property shall mean a park, playground, athletic facility or any other area located within the incorporated limits of the Town, that is owned or leased by the Town, and devoted to active or passive recreation, including all creeks, ponds and lakes maintained by the Town. Person shall mean individual(s) or a partnership, corporation or any other legal entity. Special Event Permit shall mean a permit issued by the Town of Trophy Club pursuant to the Town's Special Event Ordinance. Tournament Director shall mean the person or his identified designee who is in charge of a tournament and who is also designated as the primary point of contact with the Town during a tournament. Town Manager shall mean the Town Manager of the Town of Trophy Club or his designee." 2.02 Article 11 entitled "Marshall Creek Park" of Chapter 9 entitled "Parks And Recreation" of the Code of Ordinances of the Town of Trophy Club is hereby renumbered as Article III entitled "Marshall Creek Park", with no revisions or amendments thereto. 2.03 Chapter 9 entitled "Parks and Recreation" of the Code of Ordinances is hereby amended to add a new Article 11 entitled " Park Regulations" and the following provisions are hereby adopted as Article 11 "Park Regulations" of Chapter 9 which shall be and read in its entirety as follows: "2.01. Park Property Generally — Prohibited Acts. Except as otherwise expressly provided, no Person shall engage in any conduct prohibited by any Section of this Article, including but not limited to one or more of the following acts, while in or upon Park Property located within the incorporated limits of the Town: A. To ride, hitch, fasten, lead, drive, or let loose any animal; provided however, this prohibition shall not apply to a dog when led by a chain, cord, or leash or to a dog utilizing the fenced area of Freedom Dog Park, B. To use, carry or discharge any firearm (except as allowed by state law), firework, air gun, paintball gun, BB gun, slingshot, any manner of propelled weaponry, knife or other similar lethal instruments. C. To use or operate any model, helicopter, plane, boat, rocket or any radio controlled device except in areas specifically designated for such purposes by the Director. D. To use or operate any motorboat, boat, kayak, canoe or watercraft on the waters of any lake, pond, or stream except in areas specifically designated for such purposes by the Director. E. To damage, cut, break, injure, deface, disturb, mark, write upon, paint, or disturb any tree, shrub, plant, rock, building, monument, fence, bench, or other structure. F. To plant or place any tree, shrub, plant, rock, building, monument, fence, bench or other structure except in areas specifically designated for such purposes by the Director. G. To swim, bathe, wade in or pollute the water of any pond, lake, or stream. H. To make or kindle a fire, except in Town -installed fire pits or grills, or in areas specifically designated for such purposes by the Director or at a time when a burn -ban has been declared to be in effect by Denton County. 1. To discharge any noxious liquid, grey water, or solids on or into any grounds, ponds, fountains, lakes, or streams. J. To leave litter, garbage, cans, bottles, or other refuse elsewhere than in refuse containers provided for such purpose. K. To participate or engage in any activity when such activity may cause, create or result in a danger to the public or may be considered a nuisance to other users of Park Property or a hazard to public safety and welfare. L. To disrupt in any manner any picnic, meeting, service, concert, exercise, event, or exhibition, M. To distribute, post, place, or erect any device or document, including without limitation, handbills, signs, circulars, notices, papers, or other items displaying a commercial advertisement or otherwise offering goods or services for sale without written permission from the Director, or as otherwise allowed by Town ordinance or state law. N. To fail or refuse to remove and properly dispose of solid animal waste of pets or other animals brought onto Park Property. D. To sell or offer for sale any food, drinks, confections, merchandise, or services except as authorized by the Town pursuant to an approved written agreement, or by written permission of the Director for a Town authorized or sponsored special event or when such sale is operated by Town. P. To practice, carry on, conduct, or solicit for any trade, occupation, business, or profession, except when approved, operated or sponsored by the Town. Q. To play golf or use or play with golf balls or golf clubs, except when approved, operated or sponsored by the Town. R. To carry, transport, or possess a glass container. S. To possess or consume alcoholic beverages of any kind. T. To play or bet on any game which is played, conducted, dealt, or carried on. U. To operate any Amplified Device except when operated by the Town or when operated as authorized by and in accordance with the parameters established by a Special Event Permit. V. For any person over the age of six (6) years to use a restroom and/or washroom designated for a member of the opposite sex. W. To remain in or upon any Park Property at a time when the Park Property is closed. Signs indicating hours of operation shall be posted at conspicuous locations to give notice thereof. Hours of operation for Park Property shall be as follows: a. Except as otherwise specifically provided herein, all Town Park Facilities shall be closed from one hour after sunset until one hour prior to sunrise the next day, unless the use of such Park Facilities has been scheduled with the Town for an athletic use, a special event, or a program. b. Freedom Dog Park shall be open one half hour prior to sunrise and shall close one half hour after sunset. c. For scheduled uses, programs or events, Harmony Park and the Independence East and West facilities may remain open until 10:00 p.m. Sunday through Thursday and until 11:00 p.m. Friday and Saturday. For tournament play only, the facilities may remain open on Sunday until 11:00 p.m. Tennis facilities may remain open from one half hour prior to sunrise until 10:00 p.m. for tennis related activities only. 2.02. Vehicular Regulations — Prohibited Acts. Except as otherwise expressly provided, no Person shall engage in any conduct Prohibited by any Section of this Article, including but not limited to one or more of the following acts, while in or upon Park Property located within the incorporated limits of the Town: A. Operate a motor vehicle at a rate of speed in excess of 15 miles per hour upon a drive, road or parking lot within or upon Park Property unless such area is otherwise posted. B. Exhibit or cause any unnecessary acceleration of a vehicle, including but not limited to acceleration or any other action which causes gravel to be thrown, tires to squeal or smoke, or otherwise creates or causes a threat of injury or damage to persons or property. C. Operate a motor vehicle, motorized device, motorized cart, motorized assisted scooter or any other type of other motorized device including, but not limited to vehicles known as ATV's anywhere in or upon Park Property, including without limitation, a green space or other grassy area, a common area, a pathway, or a sidewalk, unless such area is specifically designated for that purpose by the Director; provided however that this prohibition shall not apply to a device for assisting the disabled or a device that is medically necessary to assist a person with personal mobility. D. Park in areas other than those specifically designated for parking or as otherwise authorized by the Director. E. Where parking spaces are marked, all vehicles shall be parked within and between the lines designating a single vehicle parking space and not otherwise in a manner that utilizes more than one parking space. F. No vehicle shall be parked, stopped, or left standing behind any other vehicle in any location or in any manner that will obstruct, block, or hinder ingress or egress from the line, a parking space, or a parking area. Any vehicle that is parked, stopped, or left in violation of this section may be removed at the owner's expense by a peace officer or by an authorized representative of the Town if the owner or operator of the vehicle is not in control of the vehicle or cannot be located to remove the obstructing vehicle and the obstruction creates an immediate hazard or hindrance to the flow of vehicular traffic. No variation to the requirements of this section shall be allowed unless specifically authorized in writing by the Director. This section is cumulative of remedies authorized by state law for the removal of unauthorized vehicles. G. Cause or allow either an operable or an inoperable motor vehicle to remain on any parking area or other area of Park Property for a period of more than twenty-four (24) continuous hours. 2.03. Roller Skates, Roller Blades, In -Line Skates, Skateboards, Coasters, Scooters and Bicycles — Regulations and Prohibitions. The use of roller skates, roller blades, in-line skates, skateboards, coasters, scooters and bicycles or a similar device is permitted upon any sidewalk, pathway or park trail. Notwithstanding the foregoing, a Person shall not ride or use any roller skates, roller blades, in-line skates, skateboards, coasters, scooters and bicycles in an area where a sign prohibiting such conduct is posted. 2.04. Use of Tobacco Products. It shall be unlawful for any Person to use any tobacco product or to smoke, or possess burning tobacco or other plant product in any Park where signs prohibiting such conduct are posted. Smoking is allowed in Town parking areas which are part of Park Property. 2.05. Unshelled Nuts and Seeds. It shall be unlawful for any Person to use, distribute or sell unshelled seeds or nuts of any variety in any Baseball Facility, except during tournament play. A. No dog shall be permitted in Freedom Dog Park except when in the care, custody and control of a Person at least twelve (12) years of age. Any Person under twelve (12) years of age shall be accompanied by and be under the direct supervision of an Adult while in Freedom Dog Park. B. All dogs shall be at least four (4) months of age and shall display a tag displaying a current rabies vaccination. It shall be a violation for a Person to allow or permit a dog to utilize or to be within Freedom Dog Park if the dog does not meet the foregoing requirements. 4 C. No animals other than dogs shall be permitted within the fenced area of Freedom Dog Park except as authorized by the Director for the purpose of a Town approved special event or program. D. All dogs shall remain on -leash while entering and exiting the Freedom Dog Park. E. Dogs over thirty-five (35) pounds shall not be allowed in the small dog area. F. Food shall not be allowed in the Freedom Dog Park, including without limitation, treats used for training purposes, except when authorized by the Director for a Town approved special event or program. A. All Town and MUD1 vehicles shall be exempt from the restrictions of this Article. B. Town staff may perform maintenance operations on any field outside of the posted hours with the provision that field lights may not be used during such operations. C. Organizations requesting the use of Park Properties or facilities outside of the established operational hours shall request a Special Event Permit pursuant to the Town's Special Event Ordinance. Such permit shall require the approval of the Town Council." SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance and where such other Ordinance(s) do not specifically state that fees contained therein take precedence. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance 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 this Ordinance despite such invalidity or unconstitutionality and that such remaining portions shall remain in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person intentionally, knowingly or recklessly violating or failing to comply with any provision hereof shall be guilty of a Class "C" Misdemeanor and fined, upon conviction, in an amount not less than One Dollar ($1.00) and not more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. -• The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Home Rule Charter of the Town. : This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town of Trophy Club, Texas this the 4th day of March, 2013. ATTEST: Mt(yor, Connie White as x Town of Trophy Club jR R P/y k [SE �UA RY II Town Secretary, A^ Filrbkana Town of Trophy Club, Texas VC1 W Town Aftorney-,-P—africia A. Adams Town of Trophy Club, Texas