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ORD 1989-19R E P E A L E D ORDINANCE NO. 89-19 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 8_Lq 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 WTIHIN 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; PROVIDING A SAVINGS CLAUSE; PROVIDING A 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 §315.003, 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 "Ai' 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. 0268] 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 6. 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 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 Council of the Town of Trophy Club, Texas this the 5 day of December , 1989. yor, Town o Trophy Club, Texas ATT T• T4wrr-S`ec ret a ry Town of Trophy Club, Texas [ SEAL I 77 - ED S TO Fy?Town ttorney Town f Trophy Club, Texas 0268] 2 - �. DEFI�ITIONS For th� purpuse cf this s�ction, the foIlowing �erms; phrases, words, and their derivations �haIl h�ve the meaning given herein. When not in�onsistsnt with the context, mords used in the present tense incIude the foture, words in the plural number in�lode the ular nember, and words in the -1 .1. n�mber include the plural number. The word "shall" alwa�s mandator� an� not mereIy directory. (1) ified Sound shall mean any ound projezted or transmitted by artificial means� including bot not limit�d to, amplifi�rs, loudspeakers, or any ar de�ices. (2) Park shall mean any land selected, obtaineU, or scquired �y the town for u�� �s a pu�Iic park cr rerreetion or pl�ygroend area` and auy buil�ing or facility thereo:, owne� and maintained �y the town A s a public park, or recre�tion or �l�yground area, whet�er or not such areas havc L'. E' �ormally dedicated to such p�rposes. �3) P ar k ing area shall mean any designated portion of any p�rk or any park roa� or drive, that is se� as�de �or the parking o[ vehizIes' (4) Permaii t tten permission �rom the Tow� of Trcphy Clob to carry out a �iven ac�ivit� ia � park. (5) ��r�o� shall mean amy person, firm, partnehip, asE",ociation, �orporatTy or or2aniza�ion of any kind. (�) Vehic�le includ�s any whe�led d�vi�e of conveyance, propelled by motor or engine. The term shall in�lude any trailer of any kind, siz�, or description. E�re�tion is mad� foO hiclos in the servi�e of the �own. (7> ����ohc����r �eve���e includes aIl beverages zontaining alcohol. MznipipaI Parks shall be open to the Deneral public c'nly between the hours of 5:30 a.m. Cc 10:00 p.m. Except during WE operating hours herein designated no person shall congreqate, loiter, picnic, or otherwise use the facilities or grounds of the park. C. PROHIBITING ALCOHOLIC BEVERAGES OR DRUGS No person in a municipal park shall: (14 Sell alcoholic beverages or beer. (2) Bring into, consume, possess, or distribute an-,& alzcholic beverages or illegal drugs. D. ANIMALS AND PETS No pErson in a municipal park shall: (1) Permit any dog owned or possessed by e person to run at large nor permit any such dog in the park unlesa 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. 14) Allow any horse into the park area. E. PARK PROPERTY No �erson shell do or cause tc 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 ths Town Council and the issuance of a permit by the Town Secretary: (1) Buildings and Other Proparty ca) Disfigure and Removal. Mark, deface, disfigure, injure, tamper with or r000ve, any buildings, tablen, benches, griIln, fences, paving or paving materials` water lines or other public otilities or parts or appurtenances thereof, signs, notices, m.- placards, rplacards, whether temporary or permanent, monoments, Stakes, posty, or other boundar� markers or other structures or equipment, faciIities or park property appurtenances whatsoever, either real or personal. (b> Removal of Natural ~ Dig or remove any s�nd, whether submer�ed or not, or ar/y soil, rok, C1 E, or tree�, s�ru�s or plants dcwned tim�er or other wnod or materials, or ma�e any excava�ion �y tooI, e�uipmemt, blasting, or other mecns nr agen�y, ir.cluding building u� �arb��ue �its, e��ept in areas so designated. �c) Erec ion�res. Construc� ur erect any building or �tructure o� wha�ever kind, *h�ther permanent or temporar� in �haracter, or run or �tring *ny �ublic utility iuto, upon, ur aoross such lands, ex�ept F� written permissi�n of �he Town of Troph� Club. (�) Pt t ar-h - ng W i ress Ropes~ Rtt�ch sny rope, or other �ontriv�nce to any stru��ure or piece of park equipment. Shrobbei-y, Lawns (a) Injory and Re�movaI~ Dama�e, cut, �arve, transplant, or remove an� tre� or plant or injore the b�rk or pick the flowers or ceed� of any tree or plant. Nor shall any por�on attach any rope, wire, or ot�er contrivance tc any tre� cr plant. A per�on shalI not dig or atherwise disturb grass areas to the detriment of t�ese areas, or 1r' any way injnre or impair the nat�ral be�uty or usefolnes� o[ any �r�a, provided that norma1 use of grassed areas will not be prohibitcd. Esceptiun is here made �s to any regularly a'Athcrized party �ctinU by and under the authorit� and regolation of the Town of Trophy Club. (�) Climbing,e±�. Climh any tres or w�lk, ,-.i C! or sit upon eny monument, vases, fountains, r�iling�, fences` or upon eny vther p,operty or 1-k C- It'] designated or 7-` 1, used for sach purposes. (c) Hitching of Animals. Tie or hit�h a horss or other animal to any tree, �lan�, or structura. (d) An� �roup or individual desirin� to plant J-r�es, fIowers, or shrubs in �he par� must have �pproon of the Town of Trophy Club. W� ld Animals, Birds, Etc. �righten, tease, shoot, or throw mimal, reptiIe° or bird; nor �hall he remove or h�ve in his possession t�e young of any wiId �nimal, or the eggs or nest, or �cung c� �ny re�tile or bird. Exceptioo to the fmregoing is man that �nakes kno�n to be dea�ly or poisonou�, such as rattlesnakes, or oth�r deedIy re�tiles, may be killed on si�ht. (b) ��e�im�. Gi�e cr offer, or attempt to �ive �o �ny animal cr bird, an� tobacco, al7ool or cther toxic or injurious �ubstan�es. F. VEHICLE� AND TRAFFIC LAWS (1) AIl appl�coble state �nd locaI vehi�les and traf�ic Iaws and ordinances shalI continue in full force and effect in the park. (2> No �erson shaIl o�er�te a *eh1cIe on oth�r �han paV�d ve�icalar roa� designated �or that purpose. G. �EC�EATIONAL �CTIVITIES No person i: a �ar� shaIl: (1) Picnic A~e�-s and Use �a) Availability.Prevent any person from usinG any park, or any of i�s facilites, or interfere with any use already enga�ed in that �ompIies with �h�s section and t�e rules a�plicable �o su�h use. (b) Duty o f Pii ker~ Leave a picnic area before the fir� is completely extinguish�d and before all trash in the natur� of boxes, papers, �ans, bottles, garbage, and other refuse is �lace� in the disposal receptacle where prowi�ed. If no such tras� C.' are availab1e, then rsfuse an� trash shall be carried auay �rom the park �rea by the picnio4er� to �e properl� disposed of elsewhere. (�) Hoi-sebacb R d i ng~ Ri�e a h�rse or �n� o�her animal. (d) Dangerous Amusements. Engage in activities that involve thrown or otherwise prwPelled obje-ts such as goIf ba1ls, stones, arrows, javelins or other objects likely to inflict injury, exCept in areas snt apart for such forms of recreation - (2) Fires. (a) Start or maintain, in any park, any outdoor fire except for cooking fires which shall bs startad and maintained only in a stove.... Fireplace, barbecue pit, or in a Portable comp stova. (b) No psrson stortinO or maintaininD any fire in E park shall leave the fire unattended without First completely extinguishing the fire. No person i: a park FhalI: M Pollution of Waters Throw, discharge, or otherwWe cause to be plaDed in the waters of any Muntain, or body OF water in or adjacent to the park or any tributary, stream, starm sewer. or drain Flowino into such waters' anv wiii or may resuLt in une poijution or sazo (2) Refuse and Trash Have brought in or shall dump, deposit, or leave any bottic, broken glass, paper, boxes, vans, dirtv rubbish, wasts, Barbage or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any perk, or left anywhere on the grounds, but shall be placed in the proper receptacles where these are provided; where recepticles are not so Provided, all ruttish or waste shall be carried away from the park by the person responsidIe for its presence, and properly disposed of elsewhere. I. FIREARMS No person in a park shall carry or ponsess at any �ime firearms of any description, or air riflws, spring quns, srrows, slings, or ar& instrument that can be loaded with blanks, cartridUeH, or any kind of trapping device. Shooting into park aross from beyond park boodaries is prohibited. Exception is here made to Iae enforcement officers ahiIe in performance of thGir duties' J. MEMANDISING, ADVERTISINB, WD SISNS No person shnll: (l) Vending and Paddling Expose or offer for sale any artivIe or thing, nor station or place any stand, cart or vehicle for the transportation, sale, or display of any suc� article or thing. Exception is here made as to any authorized party or regularly licens�d conce�sionaire actino by and under the authcr�ty and regulation of the Town of Trophy CIub. 12> Advertising Announme, 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 Troph� Club. (3) Signs GIue, took or otherwise post any sign, Qacard, ad�er�is�ment, or inocription whatever nor shall ary person erect or cause to be erected any sign phutever on any public lands or highways or roads adjacent to a park. Encaption is here made as to any authorized party or to any regularly licensed concessionaire acting by and under ths authority and regulation of the Town of Trophy Club. K. TENNIS AND MULTI-PURPOSE COURTS No parson on the tennis or multi-purpose courts shall: <1) Hear hard -soled okoes; (2) Operate wheeled *ehicIes; (3) Be on tha courtE for any purpose other than their intended eseq or (4) Use roller skates, skateboards or ride bicycles. L. MISE KESTRICTIOMS No person shall use such eIectronic nquiPment at any two where suEh ampliFied aound way be heard at a distanm--, greater than authority of one the hcndrod Town oF (100) yards Trophy Club. except an acting by �he Any Person or pernons violating this section shall &e guilty of a oisdeameanor, and upon conviction thereof, shall be subject to a fine of not to exceed five hundred doll�rs |$300.00) and not to be less than twenty-five doIImrs ($25.00). Each and every day such violation shall oontinu� to exist shalI constitute a meparate offense. Mar�h 1, 1�9� SECTION II. REQUIREMENTS OF ORGANIZATIONS AUTHORIZED TO UTILIZE ATHLETIC FIELDS ON A REGULARLY SCHEDULED BASIS 1. Regular usage muat 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 7omn 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 �25,0Q0.�0 accident and medizaI expense coverage. A copy of the insurance movccrage 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 zomparable representative board. 5. File with the Town of Trophy Club a game schedule at Wast five (5) days prior to the firnt official league game. SECTION III^ APPLICATION FOR USE OF ATHLETIC FIELDS After an organization is granted authority to utiIize 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 fiold availability. TOWi'�[ F TROPHY CLU3 AT�LETIC FIELD USAGE POLICY SECTION I. SPECIFIC ATHLETIC SEASOMG The Park and Recreation Committee will establish speoific athletic seasons that will adhere as closely as possible to the seasons established by the governing bodies of arma sports associations. The Committee will allocate athletic fimlds in the Town of Trophy Clob., SECTION II. REQUIREMENTS OF ORGANIZATIONS AUTHORIZED TO UTILIZE ATHLETIC FIELDS ON A REGULARLY SCHEDULED BASIS 1. Regular usage muat 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 7omn 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 �25,0Q0.�0 accident and medizaI expense coverage. A copy of the insurance movccrage 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 zomparable representative board. 5. File with the Town of Trophy Club a game schedule at Wast five (5) days prior to the firnt official league game. SECTION III^ APPLICATION FOR USE OF ATHLETIC FIELDS After an organization is granted authority to utiIize 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 fiold availability. 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 conjuction with volunteer org�nizatio:s utilizing the fields. 4. All users will be solely responsible for clean up of the athletic fields and surrounding arsas after events. SECTION IV. AVAILABlLI7Y DF FIELDS 1. The Parks and Recreation Committee reserves the right to for the Town of limit the frequency of use on regulation fields by any the organization. to maintain or assign its 2. Tournaments. O:Iy tournaments authorized by the Parks nubject to the and Recreation Committee will be held ot the park. All' organizations holding tournaments will be soIely responsible for clean up of the fields and surrounding areas after events. Tournament schedulws are subject to approval by the Town Council of the Town of Trcpby 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 Fimld Usage PoIic� nr the Park Regulations may, under direction of the Parks and Recreation facilitias. Committee or Town Council, be refused usage of SECTION VI. CONCESSION AGREEMENT The Parks and Recreation Committes for the Town of Trophy Club exclusively reserves the right to maintain or assign its rights to concessions during events nubject to the approval of the Town Council. SECTION VII. LEASE QGREEMENT l. All leagues and asFociations that hope to raise funds on the parks through concessions must enter into a lease agreWent with the Town of Trophy Club in order to do so. Rll leagues will be expected to comply with the policies of tha Town as well as the rules and regulations of the lease agreement. SECTION VIII. FEES A fee structure for uSe of park facilites is attached to this Mage Policy as Fee Schedule A. SECTION VIX. GOVERNIN8 CLAUSE Authority to utilize athletic fieI6s by an organizaLion and usage of athletic fields shall be subject to all ordinances and resolutions of the [own of Trophy Clvb, February 20, 1950 TOWN �F TROPH; CLUB AND RECREATION F�E -A,UEDULA AlI f�es are to be paid at the time of reser��tion. A�uuuts shown are for each separate use. SOCCER FIELDS Reservatic'n Fee $10.0� (Fc'r non-Trop|�y Club based organizations) scheduled time.) Li�ht Usage Fee R���rvation Fee $1�.00 (For non -Trophy Club based orOanizations) (Fee is per scheduled time.) PAVILLION ervation Fee <5 hr. period) $25.�@ �ebruary 2B, �9�0