The director shall have the primary responsibility for the enforcement of all codes and ordinances regulating the conduct and use of city parks including, but not limited to, this article. The chief of police or his designated representative shall have secondary responsibility for such enforcement.
(Ordinance 2012-1121 adopted 3/13/12)
(a) 
Responsibility for use of vehicle or vessel.
The operator of any vehicle or vessel shall be presumed to be responsible for its use within any public park or recreational facility. In the event an operator cannot be determined, the registered owner of the vehicle or vessel whether attended or unattended, will be presumed responsible for the operation of the vehicle or vessel.
(b) 
Responsibility for use of facility.
The registered user of a campsite, picnic area, pavilion, playing field, or other recreational facility shall be responsible for its use and for any damages to such campsite, pavilion, playing field, or recreational facility that occurs during the period of such use.
(c) 
Presumptions.
The presumptions stated herein are rebuttable and shall have the effects and consequences set forth in V.T.C.A. Penal Code section 2.05. The state department of transportation's computer-generated record of the registered vehicle owner is prima facie evidence of the contents of the record.
(Ordinance 2012-1121 adopted 3/13/12)
All public park and recreation facilities shall be available to the public without regard to sex, race, color, creed, age, nationality or place of origin. No lessee, licensee, or concessionaire shall discriminate against any person because of sex, race, color, creed, age, nationality or place of origin.
(Ordinance 2012-1121 adopted 3/13/12)
(a) 
Each and every park owned or operated by the city, with the exception of the portion of Unity Park known as Kids Kastle, shall be open to the general public between the hours of 5:00 a.m. and 11:00 p.m. each day. Kids Kastle shall be open to the general public between the hours of 7:00 a.m. and 9:00 p.m. during the months of April through October and 7:00 a.m. until 7:00 p.m. during the months of November through March.
(b) 
It shall be unlawful for any person to be in or within the boundaries of a park in the city between the hours of 11:01 p.m. and 4:59 a.m. This subsection (b) shall not apply to a person in or within the area of Kids Kastle at Unity Park.
(c) 
It shall be unlawful for any person, to be in or within the boundaries of Kids Kastle at Unity Park between the hours of 9:01 p.m. and 6:59 a.m. during the months of April through October and between the hours of 7:01 p.m. and 6:59 a.m. during the months of November through March.
(d) 
It shall be a defense to a violation of this section if the person is in attendance at an event in a public park pursuant to the authority of a permit or other written consent issued the department.
(e) 
This section shall not be applicable to a certified law enforcement officer of any federal, state, county, or city law enforcement department or agency, a member of any fire department, or an employee of the city when such person is engaged in the performance of the person's official duties.
(Ordinance 2012-1121 adopted 3/13/12; Ordinance 2013-1153 adopted 12/10/13)
(a) 
Reservations for use of public parks and recreation facilities for which reservations are required shall be made through the department or its designated representative.
(b) 
Athletic fields will be available for organized sports league games and practices during months deemed appropriate by the department except when closed by the director pursuant to section 14.04.071 of this article.
(c) 
An individual or team desiring to reserve an athletic field or game field is limited to two time slots per week (Sunday through Saturday) per calendar month for practices. Residents may make reservations, one week (seven calendar days) prior to the succeeding month.
(d) 
Except for pavilion rentals, no reservations shall be allowed for picnic areas and play equipment which shall be available on a first-come, first-served basis.
(Ordinance 2012-1121 adopted 3/13/12)
(a) 
The city has priority use of public parks and recreation facilities. Public park and recreation facilities are available to anyone on a first-come, first-serve basis for times not scheduled for city use, and as set forth in this article.
(b) 
Residents shall have priority over nonresidents for use of public parks and recreation facilities. Residents will be allowed the opportunity to make athletic facility reservations prior to extending this benefit to nonresidents.
(c) 
A special events permit is required for any organized group not sponsored by the city desiring to use a public park or recreation facility for a gathering place, event or function of any kind including, but not limited to, commercial use and scheduling of sports clinics. A special event application form shall be used to process these requests as required by this article. Scheduling of commercial use and/or sports clinics shall not conflict with any scheduled league play or city-sponsored event.
(d) 
Non-profit organizations or for-profit entities that offer recreational services that benefit city residents may be allowed to enter into a facility use agreement as authorized by the city manager. Facility use agreements for athletic facility use shall address appropriate field allocations for practice and game fields, scheduled season and blackout dates, applicable user fees, payment requirements, and other terms and conditions required by the city manager.
(Ordinance 2012-1121 adopted 3/13/12)
(a) 
It shall be unlawful to drive or otherwise operate a motorized vehicle within a park except on designated hard-surfaced park roads and parking areas. It shall be a defense to this subsection (a) if the person with a mobility disability is operating a motorized wheelchair or other type of mobility devices and can show "credible assurance" by producing a state-issued, disability parking placard or card, or other state-issued proof of disability; or
(b) 
It shall be unlawful to ride a bicycle within or on:
(1) 
Any playground, special display area, tennis court, hockey courts, athletic fields, pavilion or other monument-type structure, or in any area where other activities are in progress; or
(2) 
Any area within a park designated by the director or pursuant to other ordinance and posted with a sign stating "no bicycles" or similar sign.
(c) 
No vehicle shall be operated with a public park or recreation facility except in accordance with applicable federal, state and local laws or posted restrictions and regulations.
(d) 
No vehicle shall be parked or operated in a public park or recreation facility manner as to:
(1) 
Obstruct or impede normal or emergency traffic movement or the parking of other vehicles;
(2) 
Create a safety hazard; or
(3) 
Endanger any person, property or environmental feature.
Vehicles parked in violation of this subsection are subject to removal and impoundment at the owner's expense.
(e) 
It shall be a defense to a violation of this section if the operation and/or parking of a vehicle off authorized roadways has been authorized in writing by the director and such operation and/or parking is within the area and during the time designated by the director.
(f) 
The operation or placement of any vehicle through, around or beyond a restrictive sign, barricade, fence, or traffic-control device is prohibited.
(g) 
This section does not apply to the operation of a city-owned or city-leased vehicle operated by a city employee while in the act of performing the employee's official duties.
(Ordinance 2012-1121 adopted 3/13/12)
The consumption or possession of alcoholic beverages including, but not limited to wine, beer, ale and mixed drinks, is prohibited in each and every public park or recreational facility owned or managed by the city unless permitted by section 6.02.004 of this code.
(Ordinance 2012-1121 adopted 3/13/12)
It shall be unlawful for any person to do any of the following acts within any public park or recreation facility except as may be otherwise provided:
(1) 
To intentionally or knowingly dump or otherwise dispose of trash, junk, garbage, refuse, unsightly matter, or other solid waste except in a designated trash receptacle or dumpster;
(2) 
To intentionally or knowingly pick, damage, cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus, or property; or to pluck, pull, cut, take or remove any shrub, plant or flower; or to mark or write upon, paint, or deface any building, monument, fence, bench or other structure;
(3) 
To swim, wade, or boat in any lake, stream, or pond except in areas designated by a posted sign for such activities;
(4) 
To make, kindle, or maintain a fire, except in picnic stoves/grills, brazier, fire pits or designated areas provided for that purpose;
(5) 
To charge fees or solicit donations or contributions for any activity; to sell or offer for sale any food, drinks, confections, merchandise or commercial services; to conduct any commercial business activities of any kind; and/or post, place or erect on any public park or recreation facility any advertising, notice, billboard, paper or other advertising device without the written consent and approval of the director or pursuant to a written agreement with the city; provided, however, this subsection shall not apply to city officials, employees or agents performing authorized activities or providing notice of official city meetings or functions;
(6) 
To distribute, post, or erect any advertising handbill, circular, billing notice, paper or other advertising device without prior permission of the director;
(7) 
To practice, carry on, conduct or solicit for any trade, occupation, business or profession or to circulate any petition of whatsoever kind or character without approval of the director;
(8) 
To cut, excavate or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer from a public park or recreation facility;
(9) 
To use or speak any threatening, abusive, insulting or indecent language;
(10) 
To commit or perform any obscene, lewd or indecent act or create any nuisance that would disrupt, interfere with or obstruct in any manner any authorized, permissible and/or organized activity, program or use;
(11) 
To use or possess any glass beverage container except where any such glass beverage container is used or possessed inside a motor vehicle;
(12) 
To play golf or hit golf balls without the approval of the director;
(13) 
To use any public tennis court for any purpose other than playing tennis;
(14) 
To wear any footwear on the playing surface of a tennis court other than tennis shoes except with the approval of the director as indicated by appropriate signage;
(15) 
To use metal detectors without the written permission of the director;
(16) 
To enter any portion of a public park or recreation facility posted as "closed" unless approved in writing by the director;
(17) 
To cause or participate in the construction, placement, or existence of any permanent or temporary structure (including, but not limited to, roads, trails, signs, non-portable hunting stands or blinds, buoys, docks, or landscape features) of any kind under, upon, in or over public parks and recreation facilities, or waters except in accordance with the terms and conditions of a city-approved permit, lease, license or other appropriate written documentation. Unauthorized structures are subject to summary removal or impoundment by the director;
(18) 
To erect and/or use an inflatable recreational attraction commonly (sometimes referred to as a "bounce house" prior to:
(A) 
Obtaining written approval from the city;
(B) 
Submitting to the city proof of insurance and certificates of inspection as required by the state department of insurance;
(C) 
Naming the city as additional insured on the person's or entity's general liability insurance; and
(D) 
Providing the city an original certificate of insurance showing the insurance required by subsection (C) above, has been endorsed as required.
(19) 
To use city-owned or operated structures, equipment, or furniture for purposes other than for what they were designed and/or constructed to be utilized without the written permission of the director;
(20) 
To climb on or over any city-owned or operated building, facility, structure, or natural feature located unless the same is designed for climbing purposes; or
(21) 
To run, climb, swing, vault, jump, roll, engage in quadrupedal movement or other types of movement often referred to as Parkour, freerunning, and L'art du deplacement, on or upon personal property located in city-owned and operated park, recreational facility, or trail. "Personal property" as used in this subsection shall include, but not be limited to tables, benches, bicycle racks, fences, railing, drinking fountains, bollards and/or play equipment, owned and/or operated by the city.
(Ordinance 2012-1121 adopted 3/13/12; Ordinance 2014-1162 adopted 4/22/14)
(a) 
The director is authorized to designate any playing field or game field owned or leased by the city a closed field for purposes of maintenance or to protect the surface of the playing field or game field from damage.
(b) 
It shall be unlawful to enter upon a playing field or game field on which has been posted a sign designating the field as closed except for the purpose of repairing or maintaining such field pursuant to authority granted by the director.
(Ordinance 2012-1121 adopted 3/13/12)
(a) 
The director is authorized to designate fields as game fields and shall post thereon a sign stating that game fields are restricted to city-sponsored league play or city-cosponsored athlete events only.
(b) 
It shall be unlawful to enter upon a field which has been designated and posted as a game field except for the purpose of observing or participating in league play or tournament play in a city-sponsored or city-cosponsored league play athletic event or an athletic event authorized pursuant to a rental or use agreement with the city.
(Ordinance 2012-1121 adopted 3/13/12)
(a) 
No owner or possessor of any animal shall permit any animal to enter or remain in any area of a public park or recreation facility where a sign is posted prohibiting the presence of animals.
(b) 
It shall be unlawful for any person to bring any animal into any public park or recreation facility that is not under the immediate control of a responsible individual by means of a cage, leash or rope at all times. This subsection shall not apply to guide dogs or other animals used to assist handicapped or disabled persons, or animals that are:
(1) 
Part of an activity authorized by the director;
(2) 
In park areas or recreation facilities designated as leash free; or
(3) 
In an off leash dog park.
(c) 
With the exception of horses located in designated equestrian areas, the person in possession and control of an animal within a public park or recreation facility shall immediately remove and place in a waste receptacle any fecal matter deposited by the animal on the surface of a public park or recreation facility.
(d) 
It shall be unlawful to ride or allow any type of livestock in any public park or recreation facility except in areas designated for such purpose or with written authorization of the director.
(e) 
It shall be unlawful to frighten, annoy, injure, hunt, trap, kill, remove or release any wild or native animal or bird in any public park or recreation facility. This subsection shall not apply to:
(1) 
City employees or approved representatives of the city performing wildlife management activities; or
(2) 
The catching of fish in a public park except in swimming areas, on board ramps or docks, or other areas where the director has indicated fishing is prohibited by the posting of a sign, and the person has in the person's possession any required federal, state, or local fishing permit.
(f) 
Wild or exotic pets and animals (including but not limited to cougars, lions, bears, bobcats, wolves, and snakes), or any pets or animals displaying vicious or aggressive behavior or otherwise posing a threat to public safety or deemed a public nuisance, shall not be brought onto or allowed to enter any public park or recreation facility except when otherwise permitted by ordinance. Any animal described in this subsection shall be subject to removal in accordance with federal, state and local laws.
(g) 
Dog park.
(1) 
In general, all dog parks are open for public use each day from 5:00 a.m. to 11:00 p.m. unless otherwise posted. The dog park will close without prior notice when wet, icy, when hazardous conditions exist, or maintenance needs are necessary.
(2) 
No person nine (9) years of age or younger is allowed in the off leash area of a dog park.
(3) 
People who are older than nine (9) years but not older than fifteen (15) years of age must be under adult supervision at all times while with the off-leash area of a dog park.
(4) 
It shall be unlawful for any person to bring a dog into the dog park area which does not have current rabies vaccination, is aggressive, or has a contagious condition, disease, parasites, or open wound.
(5) 
Female dogs in season are not allowed in the off-leash dog park area.
(6) 
No animals other than dogs are allowed in the dog park.
(7) 
No dogs younger than four (4) months of age are allowed in the dog park.
(8) 
A maximum of two (2) dogs per owner are permitted in the dog park at any one time.
(9) 
Dogs must be leashed when entering or leaving the dog park and off-leash while inside the dog park.
(10) 
No person shall run with or chase dogs within the dog park.
(11) 
A dog owners must pick-up and dispose of the feces excreted by the dog owner's dog regardless of whether inside or outside the boundaries of the dog park.
(12) 
No carriages, bicycles, skate boards, scooters, skates, roller blades, sport activities, children's toys, or any motorized vehicles are allowed in the dog park, unless necessary by reason of handicap or disability.
(13) 
No food or treats for dogs or humans is allowed in the dog park.
(14) 
Digging is not allowed in the dog park. A dog owner must repair any damage caused by his dog resulting from digging.
(15) 
A person may not groom a dog within the boundaries of the dog park.
(16) 
A dog owner must remain within the dog park with the dog owner's dog(s).
(17) 
While within a dog park, a dog must at all times be within view and under voice control of the dog's owner.
(18) 
No dog owner shall use a spiked, prong, choke, or pinch collar to hold and control a dog while in the dog park.
(19) 
A person must wear shoes at all times while in the dog park.
(20) 
No person may use the dog park for commercial purposes, including the conduct of dog training classes.
(21) 
No person shall solicit business from and/or advertise to people while in the dog park.
(22) 
No dog designated, declared, or found to be a "dangerous dog" or "dangerous animal" in accordance with article 4.04 domestic animals of this code shall be allowed in the dog park.
(23) 
Park users and dog owners assume all risk related to the off leash area and park use.
(Ordinance 2012-1121 adopted 3/13/12; Ordinance 2016-1202, sec. B, adopted 8/23/16; Ordinance 2016-1202, sec. C, adopted 8/23/16)
(a) 
Amplified music may be played only between the hours of 9:00 a.m. and 10:00 p.m., unless otherwise approved by the director, or as permitted under sections 12.05.071 and/or 12.05.072 of this code.
(b) 
Decorations shall not be attached to a pavilion that would tend to deface the structure including, but not limited to, staples, tacks, crepe paper or any material that will stain. Approval shall be obtained from the director prior to installation or placement of any special decorations on or in a pavilion.
(c) 
No open flame, candle (other than birthday cake candles), torch, etc., shall be used in a pavilion.
(d) 
Use of any decoration or equipment that requires electricity must comply with applicable city fire and electrical codes.
(Ordinance 2012-1121 adopted 3/13/12)
(a) 
The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons within a public park or recreation facility is prohibited unless:
(1) 
In the possession of a federal, state or local law enforcement officer;
(2) 
Written permission has been received from the director; or
(3) 
The person is in possession of the firearm consistent Texas Government Code chapter 411, subchapter H, as it may be amended.
(b) 
Possession of explosives or explosive devices of any kind within a public park or recreation facility is prohibited unless written permission has been received from the director, the fire chief or fire marshal.
(c) 
The provisions of this section shall apply unless expressly preempted by applicable federal or state law.
(d) 
It shall be unlawful to discharge a firearm in a public park or recreational facility.
(Ordinance 2012-1121 adopted 3/13/12; Ordinance 2016-1202, sec. E, adopted 8/23/16)
(a) 
It shall be unlawful to operate or ride any non-motorized scooter, bicycle, in-line skates, skateboard, or other recreational vehicle with wheels within 100 feet of any recreational field, regardless of whether on any paved or unpaved surface, during the hours of operation of the recreational field.
(b) 
The director shall designate the area within 100 feet of a recreational field by signs stating "pedestrians only, nonmotorized scooters, bicycles, in-line skates, skateboards or other recreational vehicles prohibited during game or practice times" or other similar signs.
(Ordinance 2012-1121 adopted 3/13/12)
(a) 
Occupation of any public park or recreational facility shall be in strict conformance with the permit issued, the regulations set forth in this article and as may be published by the director or set forth in other city ordinances.
(b) 
Use of city-owned or city-leased lands or waters shall not be for agricultural purposes unless authorized by city ordinance or agreement.
(c) 
It shall be unlawful for a person to enter onto or remain in a public park or recreational facility if the person receives notice to depart and fails to do so. Notice for purpose of this section shall mean oral or written communication by the director, the police chief, or their designee. The continued presence of a person within a public park or recreational facility after notice to depart has been given shall also constitute criminal trespass in accordance with V.T.C.A. Penal Code section 30.05. Written notice shall be deemed delivered when personal delivery is accomplished, [or] a notice is posted on the vehicle located within the public park or recreational facility, on a public marker located where the person's presence is not authorized, or on a stake in the ground within area of the public park or recreation facility where the person's presence is not authorized.
(Ordinance 2012-1121 adopted 3/13/12)
(a) 
The provisions of this section shall apply to all property not subject to V.T.C.A. Criminal Procedure Code section 18.17.
(b) 
Personal property of any kind shall not be abandoned, stored or left unattended upon parkland or waters. Personal property left unattended for a period of 24 hours or at any time after a posted closure hour on a public park or recreational facility shall be presumed to be abandoned.
(c) 
Personal property that is presumed abandoned, or personal property that is left unattended and appears, in the opinion of the director or other city employee, to pose a danger to person or property or a security risk, may be impounded and stored at a storage point designated by the director, who may assess a reasonable impoundment fee in accordance with the city's fee ordinance against any person who provides proof of ownership and seeks to reclaim such property. Such fee shall be paid before the impounded property is returned to its owner.
(d) 
Abandoned or unclaimed personal property may be disposed after: (1) 30 days if it has a fair market value of less than $100.00; or (2) 90 days if the property has a fair market value of $100.00 or more after the date it is received at the storage point designated by the director. The net proceeds from the sale of property shall be conveyed into the City of Highland Village Corps Leased Parks Fund, or other fund consistent with city policy and ordinances.
(e) 
The director shall dispose of all lost, abandoned or unclaimed personal property that comes into city custody or control by public or private sale or other manner consistent with city policies and procedures. However, the director may not dispose of such property until diligent effort has been made to find the owner of the property or the owner's legal representative(s). If the owner, heirs, next of kin or legal representative(s) are determined but not found, the property may not be disposed of until the expiration of 30 days after the date when notice, giving the time and place of the intended sale or other disposition, has been sent by certified or registered mail to the person at the last known address. When diligent efforts to determine the owner, heirs, next of kin or legal representative(s) are unsuccessful, the property may be placed in line for sale, upon the expiration of 30 days from the date of impoundment, consistent with city policies.
(Ordinance 2012-1121 adopted 3/13/12)
(a) 
No person may operate an unmanned aircraft in the area of a park where recreation facilities are located or where scheduled recreational activities are occurring.
(b) 
No person may operate an unmanned aircraft in a public park without the prior written approval of the director.
(Ordinance 2016-1202, sec. F, adopted 8/23/16)
The use of the splash pad facility at Doubletree Ranch Park shall be subject to the following:
(1) 
No animals other than service animals are permitted within the area of the splash pad.
(2) 
No person ten (10) years of age or younger shall be on the splash pad unless accompanied and supervised by a person who is 18 years of age or older.
(3) 
Changing of soiled diapers within six (6) feet of the edge of the splash pad water features is prohibited.
(4) 
Use of the splash pad water features when ill with diarrhea, or contagious disease is prohibited.
(5) 
No food, beverages, and glass containers are allowed in the splash pad area.
(6) 
Children who are not toilet trained must wear swim diapers within the splash pad.
(7) 
No rough-housing, aggressive behavior and or profanity is allowed.
(8) 
No furniture or chairs allowed in the splash pad play area.
(9) 
No skateboards, roller blades, skates, bicycles, scooters and similar recreational equipment are allowed in the splash pad area.
(10) 
No inflatable pool toys, water balloons, beach balls, pool noodles, cups, buckets, water guns, permitted in splash pad area.
(11) 
No soap, detergents, and shampoos allowed in splash pad area.
(Ordinance 2016-1202, sec. G, adopted 8/23/16)