City of Nolanville, TX PARKS AND RECREATION

This article shall be in full force and effect in the corporate limits of the city. Territory annexed to the corporate limits of the city subsequent to the effective date of the ordinance from which this article derives shall immediately be subject to the provisions of this article.

“Park” means any park, playground, splash pad, sports complex, recreational area or community center, together with any parking lots and adjoining facilities owned, operated and used, maintained and controlled by the city.

(Ordinance R17-11 #2 adopted 11/2/2017)

§ 1.06.003 Prohibited activities.

It is an offense to engage in any of the following prohibited activities, except when, where and in the manner in which it may otherwise specifically be permitted by the city. Appropriate notices of prohibited activities shall be posted online in the city’s website, shall be made available to any park use applicant, and shall otherwise be posted or publicized by the city:

Willfully mark, deface, disfigure, tamper with, displace or remove any structure, equipment, facility, property or appurtenance whatsoever, either real or personal, located in any of the parks;

Drilling, mining, and digging are prohibited to include:

All forms of drilling and mining are permanently prohibited in any public park located within the city limits;

No previously drilled and abandoned well or mine may be reopened in any public park located within the city limits;

Digging or removing any sand, soil, rock, stones, trees, shrubs, plants, down timber or other wood or material, or make any excavation by tool, equipment, blasting or other means;

Attach any rope, wire or other contrivance to any tree or plant, fence, pole, structure, or building;

(4)

Dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area;

(5)

Stake into the ground any device relating to the erection or use of equipment, signage, or other use not allowed by permit, except open-sided canopies erected for day use;

(6)

Litter;

(7)

Cook or build a fire at other than in designated areas;

(8)

Failing to completely extinguished any fire previous to leaving the premises;

(9)

Use amplified sound equipment other than portable radio, car tape decks, radios or stereo receivers, unless the person has obtained a special event permit from the city; or play portable radios, car tape decks, radios or stereo receivers at a volume that disturbs a person of normal sensibilities;

(10)

Swim in or enter into any stream or body of water other than a swimming pool;

(11)

Wash or perform any maintenance or repairs on motor vehicles except in emergency situations;

(12)

Engage in any commercial activity or any activity for the purpose of earning money or raising funds, unless authorized by a permit from the city;

(13)

Bring into or upon the premises of any city park, or possess while therein, any glass drinking container of any kind;

(14)

Consume or possess any alcoholic beverage, except such beverages as are dispensed by an authorized person pursuant to a city special event permit, and then only within the specified perimeter;

(15)

Use tobacco products of any kind, because of the dangers of secondhand smoke, the environmental impact of discarded nonbiodegradable cigarette butts, the accumulation of cigarettes as litter, the attractive nuisance that discarded cigarettes are for children, and the fire danger that discarded cigarettes represent;

(16)

Take any pet (specifically, dog, cat or other domesticated animal), wild animal, or any other animals into a park, unless the pet is on a leash or in a designated off-leash area. Animals are not permitted on splash pads; an exception to this provision shall apply to service animals only;

(17)

Possess or discharge any bow-and-arrow, pellet gun, BB gun, slingshot, illegal knife or, except as may be permitted under state law, any firearm;

(18)

Park a vehicle except if lawfully in a designated parking area and in compliance with the posted directions, or when under the instructions of any authorized attendant who may be present;

(19)

During any time between dusk and dawn: camping; having a tent or any other temporary shelter; leaving in a park any moveable structure or vehicle used, to be used, or that reasonably could be used as a temporary shelter, including but not limited to house trailer, camp trailer, or camp wagon;

(20)

Wheeled vehicles, with the exception of strollers, walkers and wheelchairs, are not permitted off of designated road or parking;

(21)

Any activity prohibited by rules and regulations prescribed by the director of public works as approved by the city council.

(22)

Splash pad rules:

All persons using the splash pad do so at their own risk.

Children under 12 years of age must be accompanied and supervised by an adult 18 years or older.

Running, undue roughness, horseplay and other undue disturbances are prohibited.

(D)

Splash pads are designed for recreation purposes and not for bathing.

(E)

Please refrain from using soaps, detergents or shampoos.

(F)

Infants must wear swim diapers or rubber pants without diapers. Cutoffs and street shoes are prohibited.

(G)

Wheeled vehicles, with the exception of strollers, walkers and wheelchairs, are not permitted in the splash pad area.

(H)

No animals, with the exception of service animals, are permitted in the splash pad area.

(I)

Radios, tape players or other acoustical devices are only permitted when used in conjunction with headsets.

(J)

Pool toys and floats are prohibited.

(K)

No glass containers of any kind are permitted.

(L)

Food and drinks are prohibited while in the splash pad area.

(M)

The use of profane language will not be tolerated.

(N)

Persons should be healthy and free of diarrhea or open wounds before utilizing the splash pad.

(23)

Basketball court and sport field rules:

Courts and fields are open during established park hours.

No dogs, bicycles, skateboards or skates allowed on courts.

No food or glass containers allowed on courts.

(D)

No climbing or hanging on sports equipment.

(E)

Please respect your neighbors. No loud or obscene language.

(F)

Players must wear athletic shoes at all times.

(G)

Players must adhere to the “first-come, first-served” rule.

(H)

Play time limited to 45 minutes when others are waiting.

(I)

Organized or league games must be authorized by the city public works.

(24)

Dog park rules:

The off-leash dog area is for dogs, their handlers and those accompanying them.

Dog owners must clean and dispose of pet waste, per ordinance.

Off-leash areas are for socialized dogs, and aggressive dogs must be removed immediately.

(D)

Dogs should be constantly supervised.

(E)

Gates should always remain closed.

(F)

Limit 3 dogs per person per visit.

(G)

Off-leash pets should be spayed/neutered.

(H)

Dog must be licensed, vaccinated and wearing identification at all times.

(I)

Dogs should be leashed prior to entering and upon leaving.

(J)

Handlers are responsible for any injuries caused by the dogs under their care.

(K)

No food or glass containers allowed for pet or owner within off-leash area.

(Ordinance R17-11 #2 adopted 11/2/2017)

§ 1.06.004 Park hours.

All public parks located within the city that are owned and operated by the city shall be open for public use, daily between dawn and dusk.

It shall be unlawful for any person to be present in a city park between dusk and dawn without a special use permit.

(c)

Anyone found in a park between dusk and dawn without a park use permit, may be cited or arrested for criminal trespass, or any other applicable law, statute or ordinance, if they refuse to vacate the park as directed.

(d)

The city reserves the right to close any park or cancel any or all activities therein by order of the mayor, the city manager, the chief of police, or the director of public works, when deemed necessary to preserve life and property, and for public safety purposes.

(Ordinance R17-11 #2 adopted 11/2/2017)

§ 1.06.005 Park use rules.

The director of public works is authorized to prescribe rules and regulations for parks, which before going into effect shall be submitted to the city manager for presentation to the city council for consideration and approval.

(Ordinance R17-11 #2 adopted 11/2/2017)

§ 1.06.006 Authorized use.

All park facilities are open to the general public except as follows:

Sports fields.

Baseball/softball and soccer fields are open to the general public, except those times reserved by obtaining a park use permit.

Pavilions.

Pavilions are open to the general public for use except during those times they have been reserved by a park use permit. No person or group may reserve a pavilion more than two (2) consecutive days and for not more than two (2) days within a ninety (90) day period.

Concession stands. Concession stands at a park are for use only by organizations approved by the city or through an approved special use permit.

(Ordinance R17-11 #2 adopted 11/2/2017)

§ 1.06.007 Park use permits.

No person, group or organization shall be entitled to exclusive use of any park or recreational facility, or part thereof, owned or operated by the city, unless such person, group or organization shall first obtain a park use permit for such exclusive use from the city manager, city clerk, the director of public works, or a designated representative.

It shall be unlawful for any person not having a proper city permit, to refuse to leave any park or part thereof, after being asked to leave by a person having, and exhibiting a valid park use permit for the park or area thereof.

(c)

Any person, group or organization applying for a park use permit shall be entitled to the issuance of such permit, unless the director of public works, or his designated representative shall affirmatively find the following:

The park is proposed to be used for an unlawful purpose;

The time, place, or manner of proposed use of the facility is likely to cause a substantial disturbance to persons occupying property in the vicinity of the facility, including noise, pollution or other public nuisances, or is likely to generate excessive parking needs that spill over to neighboring residential streets;

The proposed time, place or manner is likely to result in damage to city property;

(4)

The application for the permit is made such that there is not sufficient time to make the above determination; or

(5)

The applicant failed to clean the facility to the satisfaction of the director of public works, or his designated representative, after the prior use of a park facility, regardless of whether such prior use was under a permit provided herein or not, and the applicant was advised of such prior failure within a reasonable time after such use and given an opportunity to challenge the finding.

(Ordinance R17-11 #2 adopted 11/2/2017)

§ 1.06.008 Fees.

Any person, group or organization applying for a park use permit may contact city hall to file an application and pay applicable fee as required by the fee schedule.

(Ordinance R17-11 #2 adopted 11/2/2017)

§ 1.06.009 Appeal.

Any person aggrieved by the refusal of a permit may appeal such refusal to the city council by filing a written appeal with the city manager within five (5) days of the refusal. The city council shall hold a hearing on such appeal not later than within two (2) regularly scheduled meetings of the city council after the appeal has been filed. The decision of the city council shall be final.

(Ordinance R17-11 #2 adopted 11/2/2017)

§ 1.06.010 Penalties and remedies.

Any person, group, or organization violating any of the provisions of this article shall be subject to summary ejection from the park in which the violation occurs by either a member of the staff of the public works department of the city, a police officer of the city, or their designees.

Any person who shall be convicted of a violation of this article shall be guilty of a class C misdemeanor offense and shall be liable for a fine not to exceed $500.00, provided that violations of any regulations adopted herein governing fire safety or public health and sanitation may be punishable by a fine not to exceed $2,000.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all other remedies provided herein.

(c)

Restitution.

Any person responsible for damage to a park shall be required to make restitution.

(d)

The above provisions shall not be deemed to preclude recourse to any other remedy available at law or in equity to the city to ensure enforcement of this article or prevent any violation thereof.

(e)

Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all other remedies provided herein.

(Ordinance R17-11 #2 adopted 11/2/2017)

§ 1.06.011 Naming process.

The process to name parks shall be as follows:

Nominations.

Whenever the city proposes to name or rename a park facility, proper notice of such proposed naming or renaming shall be publicized. Such notice will advise of the subject park facility, solicit suggestions and a brief explanation for any suggested name, and state the procedure to make such suggestions and the deadline for submissions. Any person may submit in writing suggested names for the subject park facility to the city secretary.

Review.

After the deadline for submissions, the city secretary shall forward all suggestions to the city’s citizen advisory committee for review at its next scheduled meeting, the citizen advisory committee shall provide the city secretary of a short list of recommended names, which the city secretary shall submit to city council.