City of Highland Village, TX Generally

[1]

Editor's note–Former section 14.04.003 pertaining to the naming of parks and recreation facilities and deriving from Ordinance 2012-1121 adopted 3/13/12, was repealed and deleted in its entirety by Ordinance 2016-1198 adopted 6/28/16.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board.

The parks and recreation advisory board as established in division 2 of this article as required by section 4.06.B. of the city charter.

Closed field.

A playing field or a game field that has been closed for any use due to inclement weather or maintenance requirements by order of the director.

Commercial unmanned aircraft.

An unmanned aircraft that is used for business purposes and has gained Federal Aviation Administration approval for flying civil unmanned aircraft systems.

Community program.

A department activity offered as a free service to the public with no admission or registration fee and which is considered to be a minimum essential level of park and recreation opportunities in a municipal environment. Attempts are made to cover expenses for a community program through subsidies/sponsorships by businesses and corporations. Examples of community programs include department-sponsored citywide special events and educational and community service programs.

Copperas Branch Park (west side).

All of that property, including Lewisville Lake, Denton County, Texas, which is owned by the United States government under the supervision of the Department of the Army, Fort Worth District Corps of Engineers and was annexed by the city by Ordinance 83-249 of the city, passed and approved by the city council on March 14, 1983.

Department.

The parks and recreation department of the city.

Director.

The director of the department or his or her authorized designee.

Dog owner.

Any person who is supervising, controlling, or in possession of any dog which the person has placed within the boundaries of a dog park regardless of whether or not the person actually holds title to the dog.

Dog park.

A public park specifically designated by the city council as a place for dogs to exercise and play off-leash in a controlled environment under the supervision, possession, or control of their owner(s).

Fees.

Charges assessed or levied by the city through the department to one or more people and/or entities for participation in programs, receipt of services, and/or use of a public park or recreational facility. Fees generally fall into one of the following categories:

(1)

Administration fee means a portion of a fee retained to cover administrative costs incurred in processing certain program registration and facility reservation refund requests;

(2)

Admission fees, which are charges made to enter a building, structure, event, or other controlled area;

(3)

Nonresident fee is a fee charged to a nonresident for reservation and use of public park or recreation facilities, and programs and/or services provided or operated by the parks and recreation department;

(4)

On-line convenience fee means a fee charged to an individual or entity for utilizing the city's online registration/payment service;

(5)

Permit fees are charges for a permit issued by or under the authority of the director of parks and recreation;

(6)

Rental fees, which are charges for the privilege of exclusive use of any public park or recreation facility or equipment;

(7)

Sales revenues, which are revenues obtained from the operation of stores, concessions, etc. and from the sale of merchandise or other property;

(8)

Special service fees which are charges made for supplying extraordinary, commodities, activities or services as an accommodation to the public; and

(9)

User fees, which are charges for the non-exclusive use of a public park or recreation facility, participation in a program or activity, or a controlled area for which an admission fee is not otherwise charged.

Game field.

Any portion of a public park that is either owned or leased by the city that has been designated as an area in which athletic league games are played, including fields for football, soccer, softball, baseball or any other sport activity, whether or not sponsored or cosponsored by the department.

Glass beverage container.

A container made of glass and designed for the holding of a liquid for drinking purposes.

Noncommercial unmanned aircraft.

Any unmanned aircraft that is not a commercial unmanned aircraft and includes, but is not limited to, all hobby and recreational uses of unmanned aircraft and any business uses of unmanned aircraft that has not gained Federal Aviation Administration approval for flying civil unmanned aircraft systems.

Nonresident.

A person who:

(1)

Lives outside of the incorporated limits of the city; and

(2)

Does not own or lease real property located within the incorporated limits of the city.

Proof of residency.

A current Texas driver's license or Texas state-issued identification card, recent utility bill, current lease accompanied by other identification bearing the person's photograph, property tax statement, or such other documentation request by an employee of the department to establish the person's place of residence when:

(1)

Residence is a criteria for using or reserving for use a public park or facility, obtaining services from the department, participating in a program sponsored or cosponsored by the city; or

(2)

The amount of the applicable fee is based on the residency of the person.

Public park or recreation facility (when used together or separately).

Any of the parks, playgrounds, recreation facilities and recreation areas owned, leased or under the control of the city and includes, but is not limited to, all trails, athletic fields, tennis courts, natural areas and/or open spaces, and other similar playground, athletic and/or recreational facilities owned, leased and/or operated by the city.

Resident.

A person who:

(1)

Lives on and/or or owns real property within the incorporated limits of the city; or

(2)

Leases real property located within the incorporated limits of the city for purpose of operating a business owned by the person on the leased property; provided, however, a person residing in a hotel or motel located within the city is not considered to be a resident unless the person provides the director proof of residency showing the hotel or motel to be more than a temporary dwelling.

Unmanned aircraft.

An aircraft that is operated remotely through:

(1)

Use of an electronic controller device with no physical attachment between the controller device and the aircraft such as a string or wire; or

(2)

Autonomously through the use of an on-board computer.

Vehicle.

Any motorized or non-motorized wheeled conveyance, including, but not limited to automobiles, trucks, recreational vehicles, motorcycles, mini-bikes, skateboards, all-terrain vehicles, dune buggies, trailers, campers, bicycles, or any other such similar vehicles.

Vessels.

Watercraft including but not limited to powerboats, cruisers, houseboats, sailboats, rowboats, canoes, kayaks, personal watercraft, and any other such equipment capable of navigation on water, whether in motion or at rest.

(Ordinance 2012-1121 adopted 3/13/12; Ordinance 2016-1202, sec. A, adopted 8/23/16; Ordinance 2017-1221, sec. 1, adopted 5/9/17)