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:
(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:
(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:
(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)
(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:
(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)
