This article and the standards of care established in this article
are adopted by the city in compliance with Human Resources Code 42.041(b)(14)
in order to exempt city parks and recreation programs from state child-care
licensing requirements. These standards of care are intended to be
minimum standards by which the city will operate its parks and recreation
department recreation programs. The programs operated by the city
are recreational in nature and are not child-care programs. State
law requires the adoption of health and safety standards to ensure
the safety of children in our city programs.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22)
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:
DEPARTMENT.
The parks and recreation department of the city.
PARENT.
A person who:
(1)
Is a natural parent, an adoptive parent, or a stepparent of
a youth;
(2)
Is, under court order, the guardian of a youth or is a public
or private agency with whom a youth has been placed by a court; or
(3)
Otherwise has legal custody or is the primary caregiver and
has the authority to enroll a youth in the recreation program.
PARTICIPANT.
A youth whose parent has completed all required registration
procedures and who is determined by the director to be eligible to
participate in the recreation program.
PROGRAM DIRECTOR.
The director of the parks and recreation department or the
director’s authorized representative.
PROGRAM EMPLOYEE.
A full-time professional employee of the department who is
responsible for managing the recreational facility where the recreation
program is conducted and managing the daily or seasonal operations
of the recreation program including activity planning, staff training,
scheduling and supervision, enforcement of all rules, and is responsible
for managing overseeing planning, and administration, of the city’s
recreation center and implementation of the recreation program. They
are also responsible for scheduling and providing a developmentally
appropriate, safe recreational environment for the youth participating
in recreation programs. In addition, program employee means any person
hired to work for the department who is assigned responsibility for
managing, administering, or implementing some portion of the recreation
program. The term includes program director and program employee.
PROGRAM MANUAL.
A notebook of policies, procedures, required forms, and organizational
and programming information relevant to the city’s recreation
program, as promulgated or otherwise approved by the director.
PROGRAM SITE.
Facilities and/or administrative sites for the recreation
programs.
RECREATION PROGRAM.
A city-sponsored recreational program for youth that may
be offered by the parks and recreation department after school or
at other hours. The term also includes any program or activity to
which attendees are free to come and go at will without regard to
the presence of a parent or other responsible adult to care for them.
YOUTH.
A person who is no more than 15 years of age.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22; Ordinance
1588-23-05-09 passed 5/9/2023)
(A) The
program director shall implement, administer, and enforce the recreation
program standards of care. The program director may, by written order
establish such rules, regulations, and policies, not inconsistent
with this article, as the director determines are necessary to discharge
any duty under to effectuate the policies of this article.
(B) No recreation
program may be advertised as a child-care program or facility.
(C) When
registering for the recreation program, each participant’s parent
will be provided an opportunity to read and/or have a copy of these
standards of care and will be informed that the recreation program
is not licensed by the state. A current copy of the standards of care
shall also be available at the program site for inspection and review
by the public and by program employees.
(D) The
program director, through the human resources department of the city,
shall cause a criminal background check to be conducted on each prospective
after-school or recreation program employee who is 16 years or older.
If results of that criminal background check indicate that an applicant
has been convicted of any of the following offenses, the applicant
will not be considered for employment:
(1) A
felony or a misdemeanor classified as an offense against a person
or family;
(2) A
felony or a misdemeanor classified as public indecency;
(3) A
felony or a misdemeanor violation of any law intended to control the
possession or distribution of any controlled substance;
(4) Any
offense involving moral turpitude; or
(5) Any
offense that would potentially put participants or the city at risk.
(E) The
provisions of this article are administrative in nature and are not
subject to criminal penalties.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22)
(A) The
program employee shall initiate an inspection report for the recreation
program to confirm that the standards of care are being met. Each
inspection report will be sent to the program director for review
and kept on record for at least three years.
(B) When
programs are in session, a program employee shall make a monthly inspection
of the recreation program site for compliance with the standards of
care and shall provide a report to the program director. The program
director shall review the report and establish deadlines and criteria
for program compliance with the standards of care, as necessary.
(C) Any
complaint regarding enforcement of the standards of care at the recreation
program must be directed to the program employee. The program employee
shall take necessary steps to resolve each problem. The complaint
and its resolution must be recorded with the program director. The
program director shall address any complaint regarding enforcement
of the standards of care that cannot be resolved by the program employee.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22; Ordinance
1588-23-05-09 passed 5/9/2023)
Before a youth is enrolled in the recreation program, a parent
must sign registration forms that contain the following information:
(1) The
youth’s name, date of birth (with proof of age), age, address,
home telephone number, grade level, and school name. Children are
to be no more than 15 (fifteen) years of age;
(2) The
name and address of each parent, a home telephone number, and a telephone
number where each parent may be reached during program hours;
(3) The
name and telephone number of the youth’s physician;
(4) The
name and telephone number of the person that can be contacted in case
of an emergency if the parent cannot be reached;
(5) The
name, telephone number, driver’s license number and relationship
to the youth of each person to whom the child may be released;
(6) A statement
of the youth’s special problems or needs if any;
(7) A statement
of the youths allergic reactions;
(8) A list
of medications the youth is taking;
(9) Transportation
authorization;
(11) An
emergency medical authorization;
(13) An
acknowledgement that the parent has been informed and understands
that the program is not licensed by the state as a child-care facility.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22; Ordinance
1588-23-05-09 passed 5/9/2023)
Every program employee shall report child abuse or neglect in
accordance with the Texas Family Code.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22; Ordinance
1588-23-05-09 passed 5/9/2023)
(A) The
program director must meet all of the following qualifications:
(1) Be
at least 21 years of age;
(2) Have
a bachelor’s degree from an accredited college or university
or the equivalent in one of the following areas:
(a) Recreation administration or general recreation;
(b) Elementary education; physical education; or any other comparable
degree plan that lends itself to working in a public recreation environment;
(3) Have
2–3 years of experience in providing recreation or leisure time
services;
(4) Have
a minimum of one year administrative and supervisory experience;
(5) Pass
a background investigation including but not limited to testing for
illegal substances; and
(6) Have
a valid state driver’s license and a driving record which meets
current city auto liability insurance requirements.
(B) The
program director is responsible for:
(1) The
overall operation of the city’s recreation center;
(2) Planning,
developing and implementing programs, while managing daily facility
and staff operations;
(3) Providing
staff assistance to the director;
(4) Monitoring
program compliance with appropriate federal, state and local rules
and regulations;
(5) Monitoring
and evaluating city-sponsored recreation programs;
(6) Maintaining
appropriate records and preparing requested reports; and
(7) Knowing
and following all city, departmental, and program standards, policies
and procedures that apply to city-sponsored recreation programs.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22; Ordinance
1588-23-05-09 passed 5/9/2023)
Each program employee must meet all of the following qualifications;
(1) Be 16
years of age or older;
(2) Have
successfully completed a course and obtained certification for the
current year in first-aid and cardio-pulmonary resuscitation (CPR)
based on either American Heart Association or American Red Cross standards;
(3) Pass
a background investigation including but not limited to testing for
illegal substances; and
(4) Must
be working towards their high school diploma;
(5) Conducting
activities, while interacting and supervising youth; and
(6) Knowing
and following all city, departmental, and program standards, policies
and procedures that apply to the recreation program.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22; Ordinance
1588-23-05-09 passed 5/9/2023; Ordinance 1588-23-05-09 passed 5/9/2023)
(A) The
department shall provide training and orientation to program employees
relating to working with youth in general and relating to the specific
job responsibilities of each employee. The program director and/or
program employee shall provide staff with a program manual specific
to the recreation program.
(B) Each
program employee will be trained in appropriate procedures for handling
emergencies and in other areas including but not limited to city,
departmental, and program policies and procedures, provisions of recreation
activities and safety issues.
(C) Each
program employee will be required to sign an acknowledgement that
the employee received the training required under this section.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22; Ordinance
1588-23-05-09 passed 5/9/2023)
(A) In the
seasonal camp recreation program, the maximum ratio of participants
to staff will be 12:1.
(B) At all
times at least one employee who is 16 years of age or older must be
present at the program site.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22; Ordinance
1588-23-05-09 passed 5/9/2023)
(A) A program
employee shall implement discipline and guidance in a consistent manner
based on the best interests of program participants.
(B) No corporal
punishment or treatment may be used. A program employee may use brief,
supervised separation of a participant from the group, if necessary.
(C) As necessary,
program employees shall provide discipline reports to the parents
of participants. A parent will be asked to sign a participant’s
discipline report to indicate that the parent has been advised about
a specific problem or incident.
(D) An excessive
number of discipline reports or discipline reports of a severe nature,
as described in the program manual, may result in a participant being
suspended from a program.
(E) Any
participant who poses a danger to other participants or staff will
be removed from the program site as soon as possible.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22; Ordinance
1588-23-05-09 passed 5/9/2023)
(A) A program
employee shall plan, organize, instruct, direct and provide activities
according to the participant’s ages, interests and abilities.
The activities shall be appropriate, structured, and well prepared
to each participant’s health, safety, and well-being.
(B) A program
employee shall encourage all youth to participate in the various program
activities.
(C) A program
employee shall stress friendliness, fair play and good sportsmanship
to all participants.
(D) A program
employee shall be attentive and considerate of the participants’
safety on field trips and during any transportation provided by the
program. A program employee must have a written list of all participants
in each group and shall check the roll frequently.
(E) During
trips, each program employee who supervises participants shall maintain
immediate access to the emergency medical forms and emergency contact
information for each participant. First-aid supplies and a guide to
first-aid and emergency care must be readily available to each program
employee on every field trip.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22; Ordinance
1588-23-05-09 passed 5/9/2023)
The program site must have a mobile telephone/radio for use
in contacting department personnel and making emergency calls.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22; Ordinance
1588-23-05-09 passed 5/9/2023)
(A) Before
a participant may be transported to or from a city-sponsored activity,
a transportation form, completed by a parent of the participant, must
be filed with a coordinator.
(B) Every
program vehicle used for transporting youth participants must be equipped
with:
(1) First-aid
supplies and a first-aid emergency care guide that are easily accessible
to program employees in the vehicle; and
(2) An
operable fire extinguisher that is installed in the passenger compartment
of the vehicle and that is easily accessible to program employees
in the vehicle.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22; Ordinance
1588-23-05-09 passed 5/9/2023)
(A) A participant
will be released from the recreation program only to a parent or to
a person designated by the parent in the registration forms.
(B) If the
parent or other person designated by the parent to pick up the youth
is unknown to program staff, a participant will be released from the
recreation program only after photo identification is reviewed against
the information provided in the registration forms.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22; Ordinance
1588-23-05-09 passed 5/9/2023)
(A) Safety.
(1) Program
employees shall inspect the program site daily to detect sanitation
and safety concerns that might affect the health and safety of the
participants. All sanitation or safety concerns shall be reported
by program employees to the coordinator or the program director, who
will keep a log of the concerns reported and how each concern was
handled. The log will be kept for a minimum of three years.
(2) All
buildings, grounds, and equipment at the program site must be inspected,
cleaned, repaired, and maintained to protect the health of the participants.
Program employees shall report any needed repairs or damage to the
recreation facility to the program director. The program director
will cause the repair or damage to be taken care of immediately and
will keep a log of the outcome for a minimum of three years.
(3) All
equipment and supplies used in a program must be safe for use by the
participants.
(4) First-aid
supplies must be readily available to all program employees at the
program site, during transportation to an off-site activity, and for
the duration of any off-site activity. A program employee shall maintain
first-aid supplies in a designated location, readily available to
staff. Each program employee must at all times have immediate access
to a guide to first-aid and emergency care.
(5) Air-conditioners,
electric fans and heaters at the program site must be mounted out
of the participants’ reach or have safeguards that keep participants
from being injured.
(B) Fire.
(1) In
case of fire, danger of fire, explosion, or any other emergency, a
program employee’s first priority is to evacuate the participants
to a designated safe area.
(2) The
program site must have at least one fire extinguisher that is readily
available to all program employees.
(3) Fire
drills will be initiated at the program site twice a year.
(C) Health.
(1) A
youth who is considered to be a health or safety concern to other
participants or employees will not be admitted to a program.
(2) Illnesses
and injuries will be handled in a manner that protects the health
of all participants and employees.
(3) A
program employee shall follow plans to provide emergency care for
injured participants with symptoms of an acute illness as specified
in the program manual.
(4) Each
program employee shall follow the recommendation of the state department
of health concerning the admissions of any participant after a communicable
disease.
(D) Medication.
Only the program director will be allowed to administer oral,
nasal, topical or EpiPen medications to participants. The program
director will record each instance when medication is administered.
Parents must have signed a medications form to include:
(3) Time
of day medication is to be administered;
(4) Duration
(not to exceed one week). If duration will be longer than one week,
a new medication form will be needed.
(E) Toilet
facilities.
The program site must have toilets and be
equipped so that participants can use them independently and program
employees can supervise as needed.
(F) Sanitation.
(1) The
program site must have adequate light, ventilation and heat.
(2) The
program must be provided with an adequate supply of water meeting
the standards of the state department of health for drinking water.
A program employee shall ensure that water is supplied to participants
in a safe and sanitary manner.
(3) Program
employees shall ensure that garbage is removed daily from the program
site and ensure that all food and crumbs have been swept and thrown
away.
(Ordinance 1112-12-05-22, passed 5-22-12; Ordinance 1145-13-05-28, passed 5-28-13; Ordinance
1175-14-05-13, passed 5-13-14; Ordinance 1220-15-05-26, passed 5-26-15; Ordinance 1259-16-05-24, passed 5-24-16; Ordinance
1304-17-05-09, passed 5-9-17; Ordinance 1351-18-05-22, passed 5-22-18; Ordinance 1394-19-05-28, passed 5-28-19; Ordinance 1442-20-05-26, passed 5-26-20; Ordinance
1495-21-05-25, passed 5-25-21; Ordinance 1548-22-05-10, passed 5-10-22; Ordinance
1588-23-05-09 passed 5/9/2023)