Any person who shall be found guilty of violating this division shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code.
(Ordinance 2014-03, ex. A, adopted 3/4/14)
(a)
The city makes its parks and park facilities available for private or public group events and for individual use by the citizens and visitors of the city for the purpose of the promotion of the arts, music, leisure, educational, recreational, civic, or social activities when these activities do not conflict with the city use or this policy.
(b)
Notwithstanding the above, in case of emergency or disasters, the city manager may authorize the use of parks and recreational facilities by civil defense, health, or emergency service authorities.
(c)
Any special event held on park property will require insurance coverage. The special event will provide the city a certificate of insurance and an additional insured endorsement naming the city as additional insured. The certificate of insurance must state the date(s) of coverage and provide public liability for bodily damage in the sum of at least $1,000,000.00 naming the city, its officers and employees as additional insured. The minimum cancellation clause must be 30 days or more. The certificate of insurance must be on file with the park superintendent before final approval for the event will be granted.
(d)
A special event is any event that is held in whole or in part on park property that will have a substantial visitor impact on the city or will result in a gathering of large crowds. A special event, as determined by the city, may include, but is not limited to, the following: outdoor public exhibition, outdoor cooking contest, parades or processions, community events or celebrations, or outdoor public festivals.
(Ordinance 2014-03, ex. A, adopted 3/4/14)
(a)
(b)
The following facilities are available for use without a rental fee, based on a first-come, first-served basis. Should the facility be rented, the renters shall have priority over all other users.
(Ordinance 2014-03, ex. A, adopted 3/4/14)
(a)
It is unlawful for any person to drive or park a motor vehicle upon public park property within the city in an area other than areas designated for driving or parking. The area of central park reflected on attachment A to Ordinance 2015-03 normally available for parking or driving is hereby designated as a “no parking” zone during music in the park and other city-sponsored special events. Commercial vehicles delivering goods for the operation of the park as well as maintenance vehicles shall be exempted from the requirements of this subsection.
(b)
The city manager shall cause appropriate signs to be placed giving reasonable notice to park patrons that no motor vehicle shall be driven or parked other than in areas designated for driving or parking.
(c)
The speed limit on the city park roadways is 15 miles per hour.
(Ordinance 2015-03, sec. 1, adopted 4/21/15)
Users shall comply with the following requirements of this division regulating noise, including amplified [sound,] in city parks, recreation facilities and The FeedLot Food Truck Park:
(1)
Any sound amplified equipment shall not exceed 65 dB(A) across any property line of the park.
(2)
It is unlawful for any person, firm or corporation to use sound amplified equipment louder than outlined in subsection (1) in city parks, except as otherwise permitted in the Central Park Amphitheater, Ash Creek Community Center, and The FeedLot Food Truck Park.
(3)
The use of sound amplified equipment must end by 9:00 p.m. Sunday through Thursday, and 11:00 p.m. Friday and Saturday.
(Ordinance 2014-03, ex. A, adopted 3/4/14; Ordinance 2024-19 adopted 8/5/2024)
Users shall clean up their own trash and leave the premises in as good a condition as it was prior to their use of the parks premises or facility. The city has made proper trash receptacles available for this purpose.
(Ordinance 2014-03, ex. A, adopted 3/4/14)
It is unlawful for any person to possess, use, place on, take onto or deposit thereon any glass bottle or glass container of any kind on or in any city park. Provided, however, this section shall not apply to the following:
(1)
Within the confines of any public building located in or on any city park, with the exception of public restrooms;
(2)
Within immediate and closed confines of any privately owned or operated business located in or on a city park;
(3)
Inside a motor vehicle.
(Ordinance 2014-03, ex. A, adopted 3/4/14)
(a)
All individuals and groups using parks and recreational facilities shall be responsible for the cost of repairing or replacing any park equipment, facilities, or grounds, including trees and vegetation, damaged during their use.
(b)
Decorative or other materials shall not be nailed, tacked, taped, screwed or otherwise physically attached to any part of the facilities without written permission from the park and recreation superintendent.
(Ordinance 2014-03, ex. A, adopted 3/4/14)
(a)
Some park areas and facilities are located in a floodplain and are subject to periodic flooding. If flooding should occur, users should take necessary steps to ensure their personal safety and the safety of their equipment.
(b)
Swimming is prohibited except in designated areas.
(c)
Practicing or playing of golf is prohibited at Central Park and Shady Grove Park.
(d)
The city is not responsible for any personal injury occurring to any person on park property, except as specifically permitted by law, or for any loss of or damage to any property or equipment in its parks or facilities.
(Ordinance 2014-03, ex. A, adopted 3/4/14)
Overnight camping in city parks is prohibited.
(Ordinance 2014-03, ex. A, adopted 3/4/14)
(a)
All individuals and groups shall comply with all federal, state and local laws, including but not limited to all ordinances of the city and all rules, regulations and requirements of the city parks and recreation department and police and fire departments.
(b)
Users, and their agents or employees, shall not discriminate against any person on account of age, race, color, religion, sex or national origin, regarding use of the facilities.
(c)
Users of all park and recreational facilities shall conduct their business in an orderly manner.
(d)
Users’ programs, performances, exhibitions or other uses of the parks, including any facility, will not violate or infringe upon any copyright, patent, right of privacy or other statutory or common law right of any person, firm or corporation. All programs, performances, concerts, and other events to be performed at the facility involving works protected by statutory or common law copyrights or other proprietary law [must] have been duly licensed or otherwise authorized by the owners of such works or legal representatives thereof.
(Ordinance 2014-03, ex. A, adopted 3/4/14)
The superintendent of parks and recreation shall establish rules and regulations for use of the athletic fields, courts, and areas. Any fees for use of athletic fields, courts, and areas shall be approved by ordinance passed by the city council.
(Ordinance 2014-03, ex. A, adopted 3/4/14)
(a)
Generally.
Individuals or groups that want to have exclusive, reserved use of a facility designated for rental use (“renters”) must also follow the procedures set out in this section and pay any applicable fees according to the park usage fees of appendix A (fee schedule) of the Code of Ordinances.
(b)
Availability of facilities; advance rental.
The facilities are generally available for rent by any individual or group, whether a resident of the city or not, on a first-come, first-served basis. Facilities may be rented up to six (6) months in advance, except for the Central Park Amphitheater, which may be rented up to one (1) year in advance.
(c)
Rental procedure; rental fees.
Applicants must complete a rental application. Following completion of the application the city shall review and either approve or deny the application according to the procedures set out below. If the city approves the application for rental, the applicant will execute a rental agreement. The rental fees are set out article A6.000 of the fee schedule in appendix A of this code.
(d)
Rescheduling.
Rentals that are canceled due to inclement weather or other unforeseeable problems that directly and substantially impair use of the facility, e.g., utility outage, prior damage to the facility, etc., as solely determined by the city, may be rescheduled by contacting the department within three (3) working days. A paid receipt is required to reschedule.
(e)
Admission fee.
Renters may charge an admission fee to attendees at the amphitheater and community buildings. However, ticket sales shall not exceed the occupancy limit for the specific facility reserved or rented.
(f)
Rental time.
Renters will designate the period of time requested for their exclusive and priority use of the facility. The rental time must include the time actually needed for set-up and cleanup, before and after the event.
(g)
Fees generally; minimum fee; late hour extension fee.
Renters shall pay all applicable rental fees described in article A6.000 (park and recreation fees) of appendix A of the Code of Ordinances.
(1)
The city charges a rental fee for a minimum of three (3) consecutive hours.
(2)
In the event the renter retains possession of the facility more than 15 minutes after expiration of the agreed rental period, the renter will be charged an additional late hour extension fee period until the renter surrenders possession of the facility. This late hour extension fee will be charged in addition to the rental and other fees and will be deducted from the renter’s security deposit.
(h)
Requirement for law enforcement officer.
For certain rented facilities designated in article A6.000 (park and recreation fees) of appendix A of the Code of Ordinances, renters are responsible for securing and paying for one or more TCLEOSE certified law enforcement officers at each event. The officer(s) must be present at least 5 minutes prior to the beginning of the event, during the entire event, and at least 5 minutes after the event. The renter must notify the department of parks and recreation of the name and contact information for the officer(s) at least ten business days in advance of the event. For building facilities where alcohol will be present, the officer(s) must be present before city staff will unlock the building.
(i)
Liability insurance.
For rental-only facilities in which alcohol is served or either class B or class C renters, as defined in section 1.09.047, of the Central Park Amphitheater facility for an event open to the general public, the renter, and each of its caterers or vendors who deliver food, beverages or goods to the rented facility, shall procure and maintain through the date of the event, at its sole cost and expense, comprehensive general liability insurance in the name of the renter, for limits of not less than $1,000,000.00 for personal injury or death arising out of any one occurrence and property damage insurance in an amount of not less than $1,000,000.00 for damage to property arising out of any one occurrence. This insurance policy must cover, in addition to the general public, the renter, its agents, employees, and contractors, including entertainers, vendors, and their support staff, and any other individual participating in or attending the event for which the facility is rented. The policy must also include the city as a named insured. The renter must submit to the department proof of this coverage through a certificate of insurance at least ten business days prior to the event.
(j)
Advertisement, announcement or sale of tickets prior to approval.
Renters will not publicly advertise or publicly announce the venue for the event or sell tickets to the event prior to the city’s final acceptance of the user’s reserved rental application.
(k)
Refusal or limitation of rental privilege.
Individuals or representatives of groups applying to rent facilities must be at least 18 years of age. The city reserves the right to refuse or limit the privilege of any group to rent any of the facilities on the following basis:
(1)
The individual or group has previously damaged or destroyed city property or other public property or has otherwise violated policies regarding rental or use of city parks or recreation facilities.
(2)
The applicant’s intended use is likely to damage facility property or violate applicable federal, state, or local laws, regulations, or ordinances.
(3)
The applicant has rented or requests to rent the facility with such frequency that the renter’s use reasonably deprives others of the opportunity to use the facility.
(l)
Application; confirmation of reservation.
Individuals or groups interested in using the facilities must submit a rental application during normal business hours at the B.J. Clark Annex Building, 603 S.E. Parkway, Azle, Texas 76020. Reservations will be confirmed only upon the city’s approval of the rental application, timely payment of all appropriate fees and deposits, and execution of the facility rental agreement.
(n)
Use of security deposit.
A security deposit may be used by the city to pay:
(1)
The reasonable costs to design, repair, replace or otherwise pay for any property damage that occurs during the renter’s use of the facility, either by the renter or any guest or participant at the renter’s event or use of the facility;
(2)
The extra hourly rental charge incurred if the renter fails to surrender possession of the facility at the time agreed;
(3)
The actual cost to the city to clean up the facility in the event that the renter fails to do so before surrendering possession of the facility.
In the event that the security deposit is insufficient to cover items (1) through (3) above, the renter will pay the city any additional costs upon demand. The city reserves the right to collect any amounts unpaid after demand. |
(o)
Payment of rental fee and security deposit; failure to pay.
The rental fee and security deposit, as applicable, must be paid to the department no less than ten (10) business days before the scheduled use or event. Failure to timely pay these amounts constitutes, at the city’s sole discretion, cancellation of the reservations for the facility.
(p)
Monitor.
For certain facilities identified in article A6.000 (park and recreation fees) of appendix A of the Code of Ordinances, the city requires that a city employee or contractor selected by the city be physically present as a monitor at the facility throughout each event, at the renter’s expense. The monitor is not authorized to vary the terms of the rental agreement.
(q)
Refund of fees and deposit.
Rental fees and security deposits for community buildings shall be refunded on the following basis:
(1)
If the renter cancels the event more than six (6) weeks before the event, the city shall refund all rental fees and security deposits paid. If the renter cancels the event six (6) weeks or less before the event, the city will deduct a cancellation fee in the amount established in appendix A to this code from the security deposit. The city reserves the right to waive or reduce the cancellation fee based on individual circumstances.
(2)
If the facility has been damaged or not adequately cleaned after the event, the city may withhold all or part of the security deposit, at the discretion of the city, in order to determine the full extent of damages and to make all repairs and cleaning. The city shall mail a full refund of the security deposit to the renter within ten (10) business days after the event, upon the following conditions:
(3)
The city does not provide janitorial services for certain facilities. Each renter is responsible for leaving the facility in a clean and orderly manner. The community building monitor will evaluate for cleanliness in compliance with the checklist provided with the rental agreement by indicating the condition of the building before and after the renter’s use. This checklist is also important for the city staff to determine whether the security deposit can be returned.
(4)
In the event that the cost to design, repair, replace or pay for any property damage that occurs during the renter’s use of the facilities exceeds the amount of the renter’s security deposit, the city reserves the right to pursue all legal remedies against the renter, attendees, or other persons responsible.
(r)
Indemnification of city.
In renting a facility, each renter agrees to release, hold harmless, and indemnify the city, its officials, employees, and agents from all claims, fees, expenses, and costs, including legal fees, incurred by the city, its officials, employees, and agents, including but not limited to any claims of personal injury by any person or damage to or loss of real or personal property, arising out of the renter’s use, possession, or occupancy of the facility.
(s)
Discrimination prohibited.
The city prohibits discrimination on the basis of race, sex, color, national origin, age, or disability in its programs and activities. Complaints or concerns on alleged discrimination can be filed with the city or the Office of Equal Opportunity, U.S. Department of the Interior, Washington D.C., 20240.
(t)
Order to leave premises.
The renter agrees that, in the event the renter or any invitee or guest of the renter violates this facility use policy or engages in illegal conduct or other activity in the facility that the city staff determines is detrimental to the city or its property, the city may immediately revoke the renter’s authority to use the facility and order the renter and the renter’s guests and invitees to leave the premises immediately. The city reserves all legal rights to enforce these policies.
(u)
Alcoholic beverages.
Renters may serve alcoholic beverages (beer and wine only) only in certain facilities as indicated on article A6.000 (parks and recreation fees) of appendix A of this code. Renters must comply with all applicable laws related to the possession or consumption of alcoholic beverages, including no possession or consumption by minors. The sale of alcoholic beverages is strictly prohibited in all park facilities.
(v)
Bounce houses.
A permit, issued by the parks department, is required to place a bounce house at Ash Creek Park or Central Park. The renter is responsible for providing their own source of electricity (generator). A copy of the bounce house company’s liability insurance, including details of the party, contact name, date, and time of the event must be provided before a permit will be issued. The bounce house and other equipment must be transported to the approved location by a dolly or some means other than a motorized vehicle. Maximum size of bounce house allowed is 15' x 15'. The bounce house area must be reserved in conjunction with pavilion rental. Bounce house areas are not for rent individually. Bounce houses must be freestanding and weighted; stakes are prohibited in city parks. Permits must be obtained at least one week prior to the event date and obtained up to six (6) months in advance.
(w)
Use of rented ballfields.
Once a ballfield is chalked and prepared by the parks and recreation department, only the designated renter may utilize the field.
(Ordinance 2014-03, ex. A, adopted 3/4/14)
(a)
Class A: Private.
For noncommercial, non-public use by individuals or entities, such as for weddings, birthday parties, family reunions, and group picnics. Members of the general public are not invited, and the event is not advertised through public media.
(b)
Class B: Nonprofit.
For noncommercial public use by an individual or entity having nonprofit status, that sponsors an activity, event or meeting of community interest, such as team sports, a governmental agency, or political groups. The event shall be open to the public with no admission charged.
(c)
Class C: Commercial.
Requires one (1) TCLEOSE certified law enforcement officer. For use by (i) an individual, group, or for-profit entity for commercial or promotional events, even though an admission fee may not be charged, such as a piano or dance recital; (ii) an individual, group, or entity which charges admission and/or sells merchandise or services, such as a concert; or (iii) any other category that does not qualify under class A or class B. Requires monitor at the rate established in appendix A to this code.
(Ordinance 2014-03, ex. A, adopted 3/4/14)