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:
Director of parks and recreation.
The city manager or his authorized designee.
Public park.
Any land or lands within the corporate limits of the city, owned or maintained by the city, which shall include, but not be limited to, improved areas designated as city parks, city-owned recreational facilities and all other facilities maintained by the city for the recreational enjoyment of its citizens.
(1993 Code, sec. 97.01; 2006 Code, sec. 50-1; Ordinance 373, sec. 4, adopted 2/6/95; Ordinance adopting 2015 Code)
Any action committed upon public park property which is prohibited by this article shall be cause for the arrest of any person so committing said prohibited act by any law enforcement officer of the city, and the prosecution of such person by the city attorney. Jurisdiction for any suit brought to enforce a penalty for a violation of this article shall be in the municipal court of the city.
(1993 Code, sec. 97.02; 2006 Code, sec. 50-2; Ordinance 373, sec. 4, adopted 2/6/95)
The hours of operation for any public park shall be 5:00 a.m. until 11:00 p.m.
(1993 Code, sec. 97.03; 2006 Code, sec. 50-3; Ordinance 373, sec. 4, adopted 2/6/95; Ordinance 01-06-522 adopted 6/18/01)
It shall be unlawful for any person to commit any one or more of the following acts:
(1) 
To hitch, fasten, lead, drive or let loose any animal, reptile or fowl of any kind. This shall not apply to domestic animals when led by a static cord or chain not more than ten feet long or a retractable cord not more than 15 feet long.
(2) 
To ride or drive any horse or other animal, except in designated areas.
(3) 
To ride, drive or go at a rate of speed faster than the posted speed limit, upon any bicycle, motorcycle, in-line skates, automobile or any other vehicle whatsoever, upon any parking lot or area, road or street in any park. Bicycles, skateboards, in-line skates and nonmotorized scooters are allowed on park trails.
(4) 
To ride, drive or park any motorcycle, automobile, motorized scooter, or other motorized vehicle upon, over or across any park, curb, sidewalk, grass, lawn, hiking or jogging trail or parkland, except authorized city vehicles, and in designated areas, unless authorized by the parks and recreation director.
(5) 
To carry firearms, except those persons who are duly licensed by the state to carry a concealed handgun in accordance with the provisions of the Texas Concealed Weapons Act, as amended.
(6) 
To carry (unless permitted under subsection (5) of this section) or discharge firearms, fireworks, BB guns, air guns, bows and arrows, slingshots, blowguns, rockets or paintball guns, unless authorized by the parks and recreation director.
(7) 
To hit golf balls, except in designated areas.
(8) 
To damage, move, cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, monument, fence, bench, equipment or other structure, apparatus or property, or to pluck, pull up, cut, take or remove any shrub, bush, plant or flower, or to mark or write upon, paint or deface in any manner any building, monument, fence, bench, equipment or other structure.
(9) 
To cut or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer.
(10) 
To swim, bathe, wade in or pollute the water of any fountain, pond, lake or stream, except when authorized by the parks and recreation director.
(11) 
To make or kindle a fire, except in picnic stoves, braziers, fire pits or designated areas provided for that purpose.
(12) 
To place, abandon or leave garbage, cans, bottles, papers or other refuse in any public park, except in proper waste receptacles.
(13) 
To participate or engage in any activity when such activity will create a danger to the public or a public nuisance, or cause damage to public park property.
(14) 
To camp, sleep or stay overnight in any park, unless authorized in writing by the parks and recreation director.
(15) 
To remain, stay or loiter in any park between the hours of 11:00 p.m. and 5:00 a.m. unless authorized in writing by the parks and recreation director.
(16) 
To possess or consume any alcoholic beverages.
(17) 
To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition.
(18) 
To distribute, post, place or erect any static or mobile advertising, handbill, circular, bill, notice, paper or other advertising device.
(19) 
To sell or offer for sale any food, drinks, confections, merchandise or services, except pursuant to a written agreement with the city or by written permission from the parks and recreation director.
(20) 
To practice, carry on, conduct or solicit for any trade, occupation, business or profession, or to circulate any petition of whatsoever kind or character, except pursuant to a written agreement with the city or by written permission from the parks and recreation director.
(21) 
For any person over the age of six years to use the restrooms and washrooms designated for the opposite sex, unless assistance is necessary.
(22) 
To place or dump any trash, refuse, solid waste, grass clippings, leaves, or other objectionable or unsightly matter in any park.
(23) 
To allow a domestic animal to defecate in the park without immediate removal.
(24) 
Seining minnows or fish from the creeks, ponds, and lakes in any park.
(25) 
To abandon, place, remove or injure any animal, domestic or wild, including but not limited to dogs, cats, cows, horses, birds, mammals, reptiles, fowls, and livestock.
(26) 
To catch and remove any fish when the person is required to obtain a fishing license from the state parks and wildlife department, such persons being restricted to catch and release only.
(27) 
To use or operate any motorboat on any creek, pond, lake, or water within any park.
(28) 
To use or operate any gas-operated remote-controlled airplane, boat, car, or other motorized model device, including radio-controlled devices (except radio-controlled boats), or helicopter, parasail, hang glider, or hot air balloon, unless otherwise designated by the parks and recreation director.
(29) 
Use of mechanical loudspeakers or amplified music, sound, or voices, except when authorized by the parks and recreation director.
(30) 
To conduct or participate in any tournament, camp, or organized sporting activity which has not been specifically authorized by the parks and recreation director or which conflicts with a scheduled activity or event authorized by the parks and recreation director.
(31) 
To use glass containers.
(32) 
To violate any park rules which are conspicuously posted at or near the main entrance to a park or park facility.
(33) 
To operate any vehicle in a park facility parking lot after normal hours of operation.
(34) 
To park or operate a commercial vehicle in park facility parking lots, except on official business or when attending a park function.
(35) 
To park or operate any truck-trailer, trailer, semitrailer, or pole-trailer in a park facility parking lot at any time, unless it is there on official business.
(36) 
To roller skate, ride on a skateboard, or cycle on any park bench, table, sidewalk railing, retaining wall or other park structure, not intended for pedestrian or vehicle traffic, or to jump or step on or off such park structures in the process of roller skating, riding a skateboard, or cycling.
(1993 Code, sec. 97.04; 2006 Code, sec. 50-4; Ordinance 373, sec. 4, adopted 2/6/95; Ordinance 01-06-522 adopted 6/18/01; Ordinance 03-10-589 adopted 10/6/03; Ordinance 10-12-868, sec. 1, adopted 12/13/10; Ordinance adopting 2015 Code)
(a) 
Use of park facilities (including, but not limited to, specific events, fields, tennis courts, and pavilions, for tournaments, camps, organized sporting events, and games) must be prescheduled with and approved by the parks and recreation director.
(b) 
The parks and recreation director shall have the authority to issue special permits and grant exceptions or waivers to any of the terms of the prohibited acts for authorized events and activities.
(c) 
No person shall advertise an event, meeting or activity or the time, permitted hours, or usage of any event, meeting or activity to be held or conducted in a park facility unless such event, meeting or activity and advertisement of such event, meeting, or activity and the time, permitted hours, or usage have been approved by the parks and recreation director.
(1993 Code, sec. 97.05; 2006 Code, sec. 50-5; Ordinance 01-06-522 adopted 6/18/01)
The person, group, organization or entity reserving the use of a park facility shall be responsible for all damages to city property and for the cost of any park maintenance services, emergency or public safety services, including police and fire, provided to, at or dispatched to the park facility as a result of such person’s, group’s or organization’s misuse or improper or unlawful use of the park facility.
(1993 Code, sec. 97.06; 2006 Code, sec. 50-6; Ordinance 01-06-522 adopted 6/18/01)
(a) 
It shall be unlawful for any person to use any tobacco product or to smoke, or possess a burning tobacco, weed or other plant product, in any park or park facility, except in designated areas or parking lots.
(b) 
A sign containing the words “This Facility is Tobacco Free” with letters at least 1.5 inches in height shall be posted at or near the main entrance of each park and park facility or notice of such prohibition shall be contained in any park rules which are posted in athletic fields and other park facilities.
(1993 Code, sec. 97.07; 2006 Code, sec. 50-7; Ordinance 01-06-522 adopted 6/18/01; Ordinance adopting 2015 Code)
The city council may establish fees for the use of park and recreation facilities by resolution from time to time.
(1993 Code, sec. 97.08; 2006 Code, sec. 50-8; Ordinance 01-06-522 adopted 6/18/01)
(a) 
Application process.
(1) 
Any vendor wishing to participate in Maize Days must submit an application, on a form to be provided by the city, along with the application fee established in the fee schedule, at least five (5) business days before the event or until the city has accepted its maximum number of applications.
(2) 
The application must contain a detailed description of the items to be sold by vendor during the event.
(3) 
The sale, display, or distribution of any profane, obscene, or indecent (as determined by the city) printed material, photograph, or other item is prohibited. The city reserves the right to deny an application from a vendor who wishes to sell, display, or distribute such materials.
(4) 
Applications will be reviewed to determine family appropriateness and to limit the number of similar products being exhibited. Space is limited. Applications will be approved on a first come, first served basis.
(5) 
If an application is approved, the city will notify the vendor. The vendor must pick up a vendor packet, which includes the vendor parking pass, during the designated time set by city staff. If a vendor cannot attend at the designated time, packets will be available at the city community center during open hours or the vendor can contact city staff and arrange for their packet to be mailed to them. Packets must be picked up before the close of business on the Thursday before the festival.
(b) 
Compliance with laws and regulations.
All vendors and shoppers must comply with all city, state, and federal laws, rules, and regulations.
(c) 
Set up.
(1) 
Vendors may set up their booths the day before the event (Friday) between the hours of 5:00 p.m. to 8:00 p.m. or the day of the event (Saturday) from 9:00 a.m. to 11:15 a.m. Booth setup must be complete by Saturday at 11:35 a.m.
(2) 
Vendors who choose to set up on Saturday will have a maximum of ten (10) minutes to unload their vehicles in their assigned loading zone. Vehicles parking for an extended period of time will be towed.
(3) 
No vendor may block any street with their vehicle.
(4) 
No vehicles are allowed on the grass or sidewalk.
(5) 
Only one booth will be allowed per vendor.
(6) 
Each vendor must supply their own clean tent. The tent must be able to fit within the size of the booth assigned to the vendor. Booths are set up on grass, so vendors should bring appropriate materials, preferably spike stakes, to secure their booth tent.
(d) 
Vendor parking.
(1) 
Each vendor will be issued a parking pass that must be visibly posted in their vehicle.
(2) 
During the event, vendors must park at the city municipal complex parking lot south of the festival or at Tom Kimbrough Stadium, 700 North Murphy Road. Vendor parking is on a first come, first served basis. No vehicles will be granted access to the vendor parking area without a parking pass.
(e) 
Event rules.
(1) 
No electricity is provided for vendors.
(2) 
Vendors are responsible for keeping their area clean. Trash should be disposed of properly and walkways shall remain clear.
(3) 
Vendors, or vendor representatives, must be present at their booth from 11:45 a.m. until 7:00 p.m.
(4) 
Vendors selling order-based products must have at least 50% of their booth occupied by their product.
(5) 
All informational vendors must provide an activity and/or raffle throughout the day.
(6) 
Only the types of items listed in the application may be offered for sale on the day of the event. Any attempt by a vendor to sell any other type of item that was not listed on the application is cause for the city to revoke its approval of the vendor’s application, without a refund, and request that the vendor immediately vacate the premises.
(f) 
Tear down.
(1) 
Vendors must keep their booths open until 7:00 p.m.
(2) 
Once a vendor’s booth is disassembled, the vendor must obtain permission from the vendor attendant to bring the vendor’s vehicle into loading area.
(3) 
Vehicles will not be allowed in the loading area before 7:15 p.m.
(g) 
Applicability.
This section applies only to market vendors. This section does not apply to food vendors.
(Ordinance 22-01-1245 adopted 1/18/22)