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ORD 2003-06TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. —2003-06 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCE NO. 2002-45 PROVIDING CERTAIN RULES AND REGULATIONS GOVERNING THE USE OF MARSHALL CREEK PARK AND ADOPTING NEW REGULATIONS GOVERNING THE USE OF MARSHALL CREEK PARK; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING REGULATIONS REGARDING HOURS OPEN TO THE PUBLIC AND SIGNAGE; PROVIDING GENERAL PROHIBITIONS; PROVIDING FOR EXEMPTIONS; ESTABLISHING AN ENABLING PROVISION; PROVIDING FOR THE REGULATION OF VEHICLES, SPEED AND TRAFFIC; REGULATING THE OPERATION OF ALL -TERRAIN VEHICLES, MOTORCYCLES, MOPEDS AND MOTOR -DRIVEN CYCLES; PROVIDING FOR USAGE FEES; PROVIDING FOR A SPECIAL EVENT PERMIT APPLICATION PROCEDURE; PROVIDING REASONS FOR SPECIAL EVENT PERMIT DENIAL; PROVIDING FOR APPEAL OF SPECIAL EVENT PERMIT DENIAL OR CONDITIONAL APPROVAL; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED THE SUM OF 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas has entered into an agreement with the United States Army Corps of Engineers (hereinafter "USACE") to lease parkland known as Marshall Creek Park; and WHEREAS, Marshall Creek Park continues to be owned by the USACE, but the lease agreement between the Town and the USACE enables the Town to enact additional regulations to govern the conduct of park users; and WHEREAS, the Town of Trophy Club, Texas is authorized and empowered by the Texas Local Government Code (Vernon), as amended, to regulate all public grounds; and WHEREAS, in accordance with the lease agreement between the USACE and the Town, the Town is responsible for providing law enforcement and other regulatory services within Marshall Creek Park; and Page 1 WHEREAS, an Ordinance regulating conduct within the park will contribute to the public's orderly use and enjoyment of the park; and WHEREAS, on December 16, 2002, the Town of Trophy Club enacted Ordinance No. 2002-45 which repealed Ordinance No. 2002-39 in its entirety; and WHEREAS, Ordinance No. 2002-45 authorized the Town Manager or her designee to propose additional rules and regulations for Marshall Creek Park with such additional rules and regulations being subject to Council review and approval; and WHEREAS, the Town Manager's Designee recommends approval of additional regulations relative to the use of motorcycles, mopeds and motor -driven cycles, providing for an annual entry pass, regulating the replacement of annual passes, and increasing the time for review of Special Event Permit applications to allow sufficient time for Town Council review; and WHEREAS, such additional regulations are provided herein for Town Council consideration and approval; and WHEREAS, the Town Council desires to adopt the proposed regulations and to readopt all other regulations described herein governing the use of Marshall Creek Park, and hereby finds that the adoption of all such regulations is in the best interest of the health, safety and welfare of the Town, its' citizens, park users, and the general public; and WHEREAS, in addition to the adoption of the specific regulations set forth herein, the Town Council desires to enable the Town Manager and her designee(s) to propose additional rules and regulations for Marshall Creek Park with such rules and regulations being subject to Council review and approval. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PRENUSES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. DEFINITIONS Alcoholic Beverage shall mean all beverages containing any amount, quantity or content of alcohol. All -terrain vehicle means a motor vehicle that is: Page 2 (A) equipped with a saddle for the use of the rider; (B) designed to propel itself with three or four tires in contact with the ground; (C) designed by the manufacturer for off-highway use by the operator only; and (D) not designed by the manufacturer for farming or lawn care. Moped shall mean a motor -driven cycle that cannot attain a speed in one mile of more than 30 miles per hour and the engine of which: (A) cannot produce more than two -brake horsepower; and (B) if an internal combustion engine, has a piston displacement of 50 cubic centimeters or less and connects to a power drive system that does not require the operator to shift gears. Motorcycle shall mean a motor vehicle, other than a tractor, that is equipped with a rider's saddle and designed to have when propelled not more than three wheels on the ground. Motor -driven cycle shall mean a motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less. Park, Park Facility or Park Land shall mean park land, recreational or park facilities located within Marshall Creek Park and any building or facility located thereon, and under the control of the Town as a part of the park, recreation or playground area, whether or not such areas have been formally dedicated to such purposes. Park and Recreation Rules and Regulations shall mean the written rules, regulations and policies adopted by the Town which govern the use of Marshall Creek Park. Parking area shall mean any designated portion of any park or any park road or drive, which is set aside for the parking of vehicles. Permit shall mean written permission from the Town of Trophy Club or other appropriate governmental agency or entity which allows the person in possession of such permit to carry out or engage in a given activity in a park. Person shall mean any individual, person, firm, partnership, association, corporation, company or organization of any kind. Title 36 shall mean Title 36 — Parks, Forests, and Park Land of Chapter III, U.S. Army Corp of Engineers, Part 327 — Rules and Regulations Governing Public Use of Water Resources Development Projects Administered by the Chief of Engineers, as amended. Page 3 Town shall mean the Town of Trophy Club, Texas. Town Designee shall mean the person designated by the Town Council to oversee the administration of this Ordinance, including that person's designee. Trail or Course shall mean any pathway or other area with identified boundaries which is designated for a specifically identified use by the public or members thereof" engaging in a specified recreational activity. Vehicle includes any wheeled device of conveyance, propelled by motor or engine. Vessel means any watercraft other than a seaplane on water used or capable of being used for transportation on water. Watercraft shall mean a vessel, one or more water skis, an aquaplane or another device used for transporting or carrying a person on the water other than a device propelled only by the current of water. SECTION 3. HOURS OPEN TO THE PUBLIC / SIGNAGE 3.01 Marshall Creek Park shall be open to the general public only between the hours posted below: Park Onerational Hours Season Days Park Opens Park Closes Summer M -F 6:00 AM 9:00 PM Summer SIS 6:00 AM 9:00 PM Winter M -F 6:00 AM 6:00 PM Winter SIS 6:00 AM 6:00 PM Park ORV/OHV Operational Hours Season Days Park Opens From To Park Closes Summer M -F 6:00 AM 8:00 AM 5:00 PM 9:00 PM Summer SIS 6:00 AM 8:00 AM 7:00 PM 9:00 PM Winter M -F 6:00 AM 8:00 AM 5:00 PM 6:00 PM Winter SIS 6:00 AM 8:00 AM 4:00 PM 6:00 PM Such hours shall be posted at the main entry gate of the Park. The Town Designee shall have the authority to close the Park at any time he or she deems necessary to serve public health, safety or welfare or to allow for maintenance. It shall be unlawful for any person to enter, be or remain in the park when closed except for events approved or scheduled by the Town Designee or Town Council. 3.02 The Town Designee shall cause signs to be placed within Marshall Creek Park advising persons of the prohibitions contained in this Ordinance and directing traffic flow through the Page 4 Park, including but not limited to traffic flow on paved roadways and trails or recreational courses within the Park. SECTION 4. GENERAL PROHIBITIONS Persons utilizing Marshall Creek Park facilities shall comply with all U.S. Army Corp of Engineers regulations, federal, state and local laws, rules and regulations including but not limited to Title 36, Town of Trophy Club Ordinances, and applicable park rules and regulations enacted by the Town. Except as specifically provided herein, no person shall do or cause to be done any of the following: Enter the park or utilize any portion of the park, including but not limited to boat launching areas, off road vehicle areas, off highway vehicle areas, or other recreational or park areas without paying the designated fee for such area. 2. Use or possess any glass container. 3. Possess or consume any alcoholic beverage. 4. Permit any animal owned or possessed by a person to run at large or permit any such animal in the park unless it shall be at all times kept on a leash or confined in a cage. 5. Abandon any animal in the park. 6. Allow any horse into the park in an area not designated for such use. 7. Fail to immediately clean up and properly dispose of any feces left by an animal in the person's possession or under his control. S. To carry any firearms prohibited under state and federal law or to discharge any firearm, BB gun or air gun, except where designated or as authorized by federal, state, or local law, rule or regulation. 9. No person shall dump, deposit, or leave any refuse or trash, including but not limited to bottles, broken glass, paper, boxes, cans, dirt, rubbish, waste, garbage, or other trash on park property. No such refuse or trash shall be placed in any waters located within any park, or left anywhere on the grounds. All refuse and trash shall be placed in the proper receptacles where these are provided. Where receptacles are not provided, all refuse and trash shall be removed from the park by the person responsible for its presence, and properly disposed of elsewhere. 10. To participate in any activity when such activity will create a danger to the public or shall be considered a public nuisance. Page 5 11. To drive any vehicle across the curbs, sidewalks, grass, lawn, or anywhere else other than upon the roads, streets, parking areas, trails or courses designated for that purpose. 12. To drive any vehicle carelessly and heedlessly disregarding the rights or safety of others without due caution and at a speed, or in a manner, so as to endanger, or be likely to endanger, any person or property. 13. To operate a motor vehicle, including an off road vehicle or off highway vehicle at any time without a muffler in good working order, or operate such motor vehicle in a manner as to create excessive or unusual noise or annoying smoke, or use a muffler cutout, bypass, or similar device. 14. To park vehicles or trailers upon the grass, lawn or anywhere else, other than in those areas designated for that purpose. 15. To park vehicles anywhere except within and between visible lines designating a single vehicle parking space of any parking lot when such visible parking space lines have been placed upon such parking lots. 16. To park any vehicle in any parking area so as to obstruct, block or hinder ingress or egress to a parking area. 17. To operate vehicles off the surface of designated roadways, trails or courses. 18. To use or speak any threatening, abusive, insulting, or indecent language, and no person shall commit any obscene, lewd or indecent act or create any nuisance. 19. Fires are prohibited except in designated areas. 20. For any person twelve (12) years of age or under to be in the park unless accompanied by an adult. 21. Mark, deface, disfigure, injure, tamper with, alter, or remove, create or obstruct any roadways, trails, courses, boat launches, park or recreational facilities, 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, located within the park. Notwithstanding the foregoing, a person shall alter or remove park property as specifically authorized by a properly issued permit approved by Town Designee or other governmental agency with authority to issue such permit. Such person shall be responsible for replacement or repair of all such items to a condition equal to or better than that existing prior to the issuance of the permit. Page 6 22. 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 hand, tool, equipment, blasting, or other means or agency, including but not limited to building or creating obstacles or obstructions, except as specifically allowed in areas so designated. 23. 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. 24. Attach any wire, rope, or other contrivance to any structure or piece of park equipment. 25. Play or bet at or against any game which is played, conducted, dealt or carried on Zn with cards, dice or other devices, for money, chips, shells, credit or any other representation of value, or to maintain or exhibit any gambling table or other instrument of gambling or gaming. 26. To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition or permitted special event. 27. To sell or offer for sale any food, drinks, confections, merchandise or services unless such person has a written agreement or a permit issued by the Town. 28. To practice, carry on, conduct or solicit for any trade, occupation, business or profession without the appropriate permit or authorization of the Town. 29. To camp overnight. 30. Hitch a horse or other animal to any tree, plant, or structure, except as specifically allowed in designated areas. 31. Plant trees, flowers, shrubs, or other vegetation in a park without first obtaining written approval and permission from the Town. The request for approval must specifically identify all trees and other vegetation to be planted, their proposed location, and the nature and extent of maintenance required by such trees or other vegetation. 32. Hunt, trap, molest, harm, frighten, tease, shoot, or throw missiles at any animal, reptile, or bird; nor shall a person remove or have in his/her possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird. This section shall not apply to Town employees, agents or contractors in the performance of duties and obligations as specified in a written contract between such person(s) and the Town or which are required as a part of the duties and Page 7 obligations of an employee of the Town in the proper performance of such person's job. 33. Give or offer, or attempt to give to any animal or bird, any tobacco, alcohol or other toxic or injurious substances. 34. 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 hereby made for a person acting pursuant to and in accordance with a contract between such person and the Town, in accordance with such person's job duties as an employee of the Town or in accordance with a permit or other authorization issued by the Town. In addition to compliance with the requirements of this Ordinance, compliance with the Town's Tree Ordinance and all other applicable ordinances shall be required. 35. 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. 36. Fail to comply with any regulation contained within Title 36 — Parks, Forests, and Park Land of Chapter III, U.S. Army Corp of Engineers, Part 327 — Rules and Regulations Governing Public Use of Water Resources Development Projects Administered by the Chief of Engineers. A copy of Title 36 shall be on file and available for review in the office of the Town Secretary or the Community Development Department. 37. No person shall engage in activities that involves thrown or otherwise propelled objects such as golf balls, stones, arrow, javelins or other objects likely to inflict injury, except as specifically authorized in writing by the Town Designee or allowed by permit issued by the Town or other authorized agency having jurisdiction over such activity. 38. No person shall throw, discharge, or otherwise cause to be placed in the water of any fountain, pond, or independent body of water within the park or any storm sewer, or drain within the park, any substance, material thing, liquid or solid, which will or shall result in the pollution of such waters. SECTION 5. EXEMPTIONS In addition to the specific exemptions provided to the Town, its contractors and employees in this Ordinance, item numbers 1, S, 11, 13, 14, 16, and 17 of Section 4 shall not Page 8 apply to vehicles operated by the Town, county, state or federal agencies, when such vehicles are operated for the purpose of maintenance or improvements to Marshall Creek Park. SECTION b. ENABLING PROVISION The Town Manager and her designee(s) shall, from time to time, promulgate rules and regulations governing the use of Marshall Creek Park. Such rules and regulations shall be either in the form of an ordinance duly enacted by Town Council or in the form of formal rules and regulations approved and adopted by the Town Council. SECTION 7. VEHICLES, SPEED AND TRAFFIC 7.01 All applicable state and local vehicles and traffic laws and ordinances shall continue in full force and effect in Marshall Creek Park. No person shall drive a vehicle on a street or highway within the Park at a speed greater than is reasonable and prudent under the circumstances then existing. 7.02 The maximum rate of speed on each of the streets, roads and highways within Marshall Creek Park, other than trails or courses, shall be twenty-five (25) miles per hour. It shall be unlawful for any person to drive any vehicle thereon at a speed greater than twenty-five (25) miles per hour. 7.03 No person shall operate, drive, park, or ride any licensed or unlicensed motorized or human powered vehicle on other than on a vehicular road designated for that purpose or on a course, trail or other roadway specifically designated for such purpose, except that this section shall not apply to authorized Town vehicles in the proper performance of their duties or to a contractor or agent of the Town in the proper performance of contractual obligations to the Town. SECTION 8. OPERATION OF ALL -TERRAIN VEHICLES, MOT(3R6YC11ES, MOPEDS AND'MOTQR :DRIVEN CYCI:ES 8.01 A person shall not operate an all -terrain vehicle within or upon the park property unless the person: (a) holds a safety certificate issued under State of Texas Transportation Code, Chapter 663, All -Terrain Vehicles, Subchapter B., Ail -Terrain Vehicle Operator Education and Certification or under the authority of another state; (b) is taking a safety training course under the direct supervision of a certified all -terrain vehicle safety instructor; or Page 9 (c) is under the direct supervision of an adult who holds a safety certificate issued under applicable law. 8.02 A person to whom a safety certificate required by Subsection (8.01) has been issued shall: (a) carry the certificate when the person operates an all -terrain vehicle on park property; and (b) display the certificate at the request of any law enforcement officer. 8.03 A person younger than 14 years of age who is operating an all -terrain vehicle must be accompanied by and be under the direct supervision of either the person's parent or guardian; or an adult who is authorized by the person's parent or guardian. 8.04 An all -terrain vehicle that is operated on park property must be equipped with: (a) a brake system maintained in good operating condition; (b) an adequate muffler system in good working condition; and (c) a United States Forest Service qualified spark arrester. 8.05 An all -terrain vehicle that is operated on park property must display a lighted headlight and taillight: (a) during the period from one-half hour after sunset to one-half hour before sunrise; and (b) at any time when visibility is reduced because of insufficient light or atmospheric conditions. 8.06 A person shall not operate an ail -terrain vehicle on park property if: (a) the vehicle has an exhaust system that has been modified with a cutout, bypass, or similar device; or (b) the spark arrester has been removed or modified, unless the vehicle is being operated in a closed -course competition event. 8.07 The Town designee shall exempt all -terrain vehicles that are participating in certain competitive events from the requirements of this section. 8.08 A person shall not operate, ride, or be carried on an all -terrain vehicle, motorcycle, motor -driven cycle, or moped on park property unless the person wears: (a) a safety helmet that complies with United States Department of Transportation standards; and (b) eye protection. Page 10 8.09 A person shall not operate an all -terrain vehicle, motorcycle, motor -driven cycle, or moped on park property in a careless or reckless manner that endangers, injures, or damages any person or property. 8.10 A person shall not carry a passenger on an all -terrain vehicle, motorcycle, motor -driven cycle, or moped operated on park property. 8.11 A person shall not operate an all -terrain vehicle motorcycle, motor -driven cycle, or moped on a public street, road, or highway except as provided by this section. 8.12 The operator of an all -terrain vehicle may drive the vehicle across a public street, road, or highway that is not an interstate or limited -access highway, only if the operator: (a) brings the vehicle to a complete stop before crossing the shoulder or main traveled way of the roadway; (b) yields the right-of-way to oncoming traffic that is an immediate hazard; (c) .mares the crossing at an angle of approximately 90 degrees to the roadway, at a place where no obstruction prevents a quick and safe crossing and with the vehicle's headlights and taillights lighted. 8.13 The operator of an all -terrain vehicle shall drive such vehicle across a divided highway other than an interstate or limited access highway only at an intersection of the highway with another public street, road, or highway. 8.14 This section does not apply to the operation of an all -terrain, motorcycle, motor -driven cycle, or moped vehicle that is owned by the state, a county, or a municipality and operated by a person authorized to operator such vehicle. SECTION 9. USAGE FEES 9.01 The following fees shall be collected from park users as applicable: a) Daily park Entrance/Boat Launch: b) Additional Fees: c) Special Event Permit Fee d) Security Fee $3.00 per vehicle $SAO for each additional ATV, Motorcycle, Motor -driven cycle or Moped not being the primary mode of conveyance. To be determined by Town Council $ 25.00 per hour per police officer Page 11 ........... e) Annual Pass (For entry fee and boat launch only) $75.00 per year for non-residents of Trophy Club; $50.00 per year for residents and other categories of users as approved by Town Council. In the event that there is a conflict between the fee charged in this Ordinance and the fee charged in the Schedule of Fees Ordinance the amount specified in the fee ordinance shall control the fees charged for Marshall Creek Park. The annual pass is valid from January 1 to December 31 of the year in which it is issued regardless of the month in which the pass is actually purchased. The annual pass shall be displayed at all times on the vehicle for which it was issued in accordance with the applicable instructions for attachment. f) A replacement pass may be purchased: (1) in the event that an annual pass is damaged; or (2) the vehicle for which the pass is issued is damaged or sold; or (3) ownership of the vehicle is otherwise transferred; AND (3) the old pass is removed from the vehicle and returned either in whole or in part. A partial annual pass is sufficient to allow the issuance of a replacement pass if the salvaged portion of the pass contains either all or a portion of the registration number on the original pass. The cost of such replacement pass shall be $5.00 to cover costs of voiding the old pass and issuing a new pass. If an applicant is unable to return the old pass, either in whole or in part, and a new pass is requested, then such applicant shall be required to purchase a new pass at full price. 9.02 Notwithstanding any provision in this ordinance establishing a fee(s), in the event of a conflict between the amount of the fee(s) specified in this Ordinance and the amount of the fee(s) specified in the most recent Schedule of Fees adopted by the Town Council, the amount specified in the most recent Schedule of Fees shall control and shall be due and payable as a condition of use. SECTION 10. SPECIAL EVENT PERMIT APPLICATION PROCEDURE 10.01 A person wishing to conduct a special event or engage in an organized activity within the Park for which a permit is required by Title 36, Ordinance, rule, regulation, or policy shall file an application with the Town Designee and pay the fees as set forth herein. 10.02 Permit applications for organized events or activities to be held within the Park shall at a minimum provide the following information: Page 12 (a) The name, address, and telephone number of the applicant. If the use or activity is to be conducted for, on behalf of, or by any person or organization other than the applicant, then the name, address and telephone number of that person or organization must be provided; (b) The date(s) and hours for which the permit is requested; (c) Type of proposed use or activity; (d) The portion of the park facility desired to be used to conduct the proposed use or activity; (e) An estimate of the anticipated attendance; and (f) Any requested site support for the permitted activity, including the need for additional sanitary and refuse facilities. 10.03. Permit applications for events or activities pursuant to subsection 9.02 hereof shall be filed with the Town Designee for consideration not less than ten (10) business days nor more than three hundred sixty-five (365) days before the date of the proposed use or activity, except as otherwise provided by Title 36, Town Ordinance, rule, regulation, or policy, or if waived in writing by the Town Designee. The Town Designee shall evaluate the application and render a decision in accordance with the procedures set forth in this Ordinance within ten (10) business days of receipt of such request. 10.04 If the Town Designee determines that anticipated attendance at the activity or the conduct of the permitted activity shall reasonably cause injury to persons or property, or be detrimental to the health, safety or welfare of the public, the Town Designee shall require that additional security precautions be taken to permit the use of the designated area. In such event, the Town Designee shall impose a security fee as specified herein to defray the cost of furnishing adequate security forces by the Town at the proposed function. SECTION 11. REASONS FOR SPECIAL EVENT PERMIT DENIAL 11.01 Upon receiving a written application for permit, the Town Designee shall grant a written permit for the requested Special Event unless: (1) The proposed activity or use of the Park will unreasonably interfere with or detract from the general public use and enjoyment of the Park; or (2) The proposed activity or use of the Park will unreasonably interfere with or detract from the health, safety or welfare of the public; or (3) The area of the Park requested for use by the applicant has been reserved for another activity or for use at the day and hour requested in the application; or (4) False or misleading information is contained in the application or required information is omitted; or (5) The proposed activity or use would violate any federal, state, or municipal law; or Page 13 (6) The nature of the proposed activity or use, equipment needed for the event, and/or level of attendance would likely cause unreasonable or undue environmental damage to the Park. 11.02. The Town Designee shall impose reasonable conditions or restrictions on the granting of a permit including but not limited to any of the following: (1) A requirement that the applicant post a security deposit as determined reasonable by the Town Designee for the repair of any damage to the Park or the cost of clean up or both. The amount of the security deposit shall be based upon the nature, attendance, and duration of the permitted activity. (2) A requirement that the applicant pay a fee as determined necessary by the Town Designee based upon documented costs of furnishing adequate City personnel at the proposed use or activity, including but not limited to security personnel; (3) A requirement that the applicant furnish additional sanitary and refuse facilities that shall be reasonably necessary, based upon the use or activity for which the permit is being sought; (4) A requirement that the applicant pay a fee as determined necessary by the Town Designee to cover the administrative costs of the permit application and site support by the Town at the proposed use or activity. SECTION 12. APPEALS OF SPECIAL EVENT PER1MT DENIAL OR CONDITIONAL APPROVAL Decisions of the Town Designee regarding the issuance of a permit, the imposition of additional restrictions or conditions upon the granting of a permit, or the use of the Park shall be appealed to the Town Parks and Recreation Committee. Such appeal shall be in writing and shall be filed within five (5) business days after the issuance of a decision by the Town Designee. When making a determination regarding the appeal, the Town Designee shall consider the application under the standards provided in this Ordinance. Provided however, that appeals for denial of a permit shall be based upon all facts and circumstances presented. The Town Parks and Recreation Committee shall either sustain or overrule the Town Designee's decision. The decision of the Committee shall be issued in writing and filed with the Town Secretary within ten (10) business days of such decision. Decisions of the Town Parks and Recreation Committee shall be appealed to the Town Council. Such appeal shall be in writing and shall be filed with the Town Secretary within five (5) business days after the issuance of such decision. The appeal to the Town Council shall be placed on the agenda for the next regularly scheduled Town Council meeting for which the applicant is able to meet Town established deadlines for submittal of agenda items. The decision of the Town Council shall be based upon the same criteria specified herein for consideration by the Park and Recreation Committee and Council's decision shall be final. Page 14 SECTION 13. 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; provided however, that Ordinance No. 2002-45 repealing Ordinance No. 2002-39 is hereby repealed in its entirety. 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 Ordinance No. 2002-45 and/or Ordinance No. 2002-39 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 14. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting parks which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but shall be prosecuted until final disposition by the courts. SECTION 15. 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, which remaining portions shall remain in full force and effect. SECTION 16. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount 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. Page 15 SECTION 17. 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 18. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council of the Town of Trophy Club and by fling this Ordinance in the Ordinance records of the Town. SECTION 19. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage and publication in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council`of he Town this the 7th day of April, 2003. ATTES . tis�/G`tf G�C�� Town Secretai Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas of Trophy Club, Texas Club, Texas, Wage 16