Editor's note—Ord. No. CSO#103-12-2014, adopted Dec. 8, 2014, superseded former Ch. 58, which pertained to similar subject matter.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
There is hereby created a city department, to be known as the parks and recreation department. Said department shall be under the controlled supervision of its director whose title will be a department head under the provisions and terms of the City Charter. The duties and obligations of the parks and recreation department will be assigned by the city manager.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
Subject to the approval of the city manager, the director shall be responsible for determining the overall policies, regulations and programs governing acquisition, improvement, maintenance and operation of all public parks, parkways, lakes and other recreational areas, and the grounds surrounding all municipal buildings owned or controlled by the city. In addition, the director shall perform such other tasks and administer such other programs as may be assigned by the city manager from time to time for the purpose of promoting the well-being of the community and the citizens of the city. The director shall be responsible to the city manager for administration and implementation of the policies established by the city council in accordance with the provisions of this chapter.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
For purposes of this chapter:
(1) 
Director
means the director of the parks and recreation department or his/her designee;
(2) 
City manager
means the city manager of the City of Burleson or his/her designee.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014; Ord. No. CSO#247-05-2015, § 1, 5-15-2015)
It shall be unlawful for any person to sell, bring into, consume, or possess alcoholic beverages in any city park or park facility. Violation of this section is a misdemeanor and, upon conviction, shall be as provided in section 1-14. Each violation of this section shall be deemed a separate offense.
(a) 
The director may grant, in writing, an exception to this prohibition for certain private parties (i.e., wedding receptions, anniversaries, family reunions, etc.) and special events that are conducted at Russell Farms and the [City of Burleson] Senior Center.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
(a) 
No person driving or operating or in charge of any motor vehicle shall cause or suffer or permit same to be operated within a city park, except upon those portions of the parks which have been set aside as roadways, streets, or parking lots. For purposes of this chapter a "motor vehicle" does not include a "motorized mobility device" designed for transportation of persons with physical disabilities as such device is defined by the V.T.C.A. Transportation Code. The only motor vehicles permitted within city parks except on roadways, streets, and parking lots, shall be vehicles operated by city employees or officials in the exercise of their public duty.
(b) 
In those parks which provide designated parking spaces, it shall be unlawful to park other than in the spaces provided or to use more than one parking space per motor vehicle. Motor vehicles shall be parked between the lines, not on or over them.
(c) 
It shall be unlawful for any person to leave a vehicle, including trailers, parked within the confines of any city park after the park is closed without having first obtained a permit from the director in accordance with this chapter. The director may have unauthorized vehicles in violation of this section towed/removed at the registered owner's expense.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
The riding of off-road recreational motor vehicles, including, but not limited to, motorcycles (commonly referred to as "dirt bikes") and all-terrain vehicles (ATVs), is prohibited in all city parks except when such use is by a city employee in the exercise of their official duties.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
(a) 
All applicable state and local vehicle and traffic laws and ordinances shall be in full force and effect in all parks.
(b) 
All law enforcement officers, the director and his/her designees shall have the authority to limit traffic in a park in accordance with the provisions of this chapter or any other applicable laws and ordinances in order to control pedestrian and vehicular movement, public safety and park capacity.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
(a) 
The city manager and/or the director, should it be found reasonably necessary, may at any time close any park or part thereof for all uses or certain uses. Said closure shall not exceed 28 days without the approval of the city council.
(b) 
It shall be unlawful for any person to enter any portion of a park or recreation area which is closed to the public. Hours during which the area is open to the public shall be posted by the director. Unless otherwise posted by the director, the hours during which parks and recreation areas are open to the public are 5:00 a.m. to 11:00 p.m. Park closing times shall not apply to the following:
(1) 
Department-sponsored/sanctioned functions including athletic events, leagues or tournaments.
(2) 
Activity permitted by the director in accordance with this chapter to exceed closing times.
(3) 
City employees, city officials, and law enforcement officers in the exercise of their official duties.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
No person in any city park shall:
(1) 
Throw, discharge, place or cause to be thrown, discharged or placed in the water of any fountain, pond, lake, stream or other body of water in or adjacent to any park, any substance, liquid or solid, which will or may pollute said waters.
(2) 
Throw, place or deposit or cause to be thrown, placed or deposited litter, including glass, in any park within the city except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
(3) 
Utilize receptacles provided in city parks for depositing of garbage, trash or rubbish from a residence or business.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
(a) 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1) 
Concealed handgun
means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
(2) 
Firearm
means any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosion, burning substance, compressed air or gas, spring device, or any device readily convertible to that use.
(3) 
Handgun
means any firearm that is designed, made, or adapted to be fired with one hand.
(4) 
Explosive
means any substance or article, including a device, which is designed to function by explosion, i.e., an extremely rapid release of gas and heat, or which, by chemical reaction within itself, is able to function in a similar manner even if not designed to function by explosion. Explosives include, but are not limited to: black powder/gun powder, blasting caps, Nitroglycerin, Trinitrotoluene (TNT or dynamite).
(b) 
Except as provided in subsection (d) below, no person shall possess, exhibit, display a firearm at or on any city park, nor discharge a firearm within, across or on any city park unless:
(1) 
The person is a peace officer exercising their official duties; or
(2) 
The person is licensed to carry a concealed handgun under V.T.C.A., Government Code § 411.171 et seq., and is carrying and/or discharging a concealed handgun in conformance with the law.
(c) 
Except as provided in subsection (d) below, it shall be unlawful for any person to possess, discharge, fire, ignite or explode any explosive of any nature, including, but not limited to, all types of fireworks, upon, across, into or onto any city park.
(d) 
The director may except any person from this section through the issuance of a permit in accordance with this chapter.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
(a) 
Definitions.
For purposes of this section, the term "smoke" shall have the same meaning as prescribed in article III of chapter 70 this Code.
(b) 
A person shall not smoke or possess a burning tobacco product in any city park or park facility except in designated smoking areas.
(c) 
After use, cigarette, cigar butts and other tobacco products shall be properly extinguished and deposited in an appropriate waste receptacle.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
(a) 
Except as provided in subsection (b) below, no person, in any city park, shall do or cause to be done any of the following:
(1) 
Mark, deface, injure, displace, remove or tamper with any park property or any park grounds.
(2) 
Construct or erect any permanent building or structure (including, but not limited to, roads, trails, signs or landscape features) of any kind.
(3) 
Store or stockpile any equipment, material or product on park property, within any structure or compound located in a park.
(4) 
Cut or gather trees or parts of trees, or remove trees or parts of trees from any park.
(5) 
Construct or place any pier, dock, building, fixture or other structure or facility of any kind or character upon, in or over any lake, pond or other body of water located within a city park.
(b) 
The director may grant, in writing, a permit, in accordance with this chapter, to allow items (3) and (4) of subsection (a) above.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
(a) 
Except as set out in subsections (b) and (c) below, no person, in any city park, shall do or cause to be done any of the following without obtaining a permit from the director in accordance with this chapter:
(1) 
Capture, attempt to capture, hunt, molest, injure, trap or set out any trap or harmful substance for any wild or domestic animal, reptile, bird or fish.
(2) 
Remove or have in possession the young, eggs or inhabited nest of any animal, reptile or bird.
(b) 
Any person may kill a wild animal provided killing of the animal is necessary in order to protect a person from imminent bodily injury or death.
(c) 
Subject to the laws, rules and regulations of the State of Texas, any resident of the city shall be permitted to fish for and remove from the creeks, lakes and ponds in public parks any fish that they may catch with a rod and reel or cane pole. Fishing from a vessel and the use of trot lines, nets or seines, as well as noodling are prohibited in all city parks.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
No person in any park shall swim in any water or waterway in any park, except in areas designated for same by the director during hours designated for swimming. Bathing is prohibited in all city parks at all times.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
No person shall bring into or operate any waterborne vessel upon any park waters, except at places and times designated for such activities by the director. For purposes of this section, "water borne vessel" is a boat, canoe, kayak, paddleboat or similar vessel designed for human transportation on the surface of the water.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
No person shall engage in underwater diving activities in any city pond, lake or other body of water located in a public park without having first obtained a permit from the director in accordance with this chapter.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
No person shall camp or stay overnight in a public park, except as part of an activity sponsored by the parks department.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
No person shall start or maintain any outdoor fire in any park except for cooking fires which shall:
(1) 
Be started and maintained only in a barbecue grill utilizing only charcoal or propane for fuel.
(2) 
Not be left unattended without first completely extinguishing the fire.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
(a) 
No person in any park shall:
(1) 
Permit a horse to be present on park property except when being ridden on paths or trails designated by the director for horse riding. Said horses shall be equipped with a bridle and saddle and ridden with due care and shall not be allowed to go unattended.
(2) 
Allow any dog owned or possessed by such person to run at large, nor permit any such dog in a park unless it shall at all times be restrained or kept on a leash, except in areas designated as pet parks.
(3) 
Permit or allow any dog to be upon the playing fields and spectator area of athletic fields whether on leash or not. This section does not apply to a service animal if the service animal is under the control of its individual the animal serves, and the animal does not pose a direct threat to the health or safety of others.
(4) 
Permit fecal matter excreted by any animal under a person's ownership or control to remain on park property. Persons owning or controlling animals on park property shall be responsible for proper removal and disposal of said animal waste in an appropriate waste receptacle.
(b) 
Bring onto park property any dangerous wild animal, swine, fowl or livestock (excluding horses as permitted in [subsection] (a)(1) above), as such are defined by city ordinance.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
Unless a permit has been issued by the director in accordance with this chapter, no person in any park shall:
(1) 
Engage in the sport of archery;
(2) 
Launch, discharge or cause to be launched or discharged paint, paintballs or any other projectile;
(3) 
Hit a golf ball or golf balls;
(4) 
Engage in the use of gas, electric or battery powered model aviation devices;
(5) 
Launch a model rocket; or
(6) 
Engage any activity which could, in the opinion of the director, threaten the health and safety of park patrons.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
(a) 
No person shall operate or use or a motor vehicle, including motorcycles, scooters or mini-bikes, on a trail or path not designated for use by such vehicle. This prohibition shall not apply to motorized mobility devices as defined by V.T.C.A., Transportation Code § 542.009.
(b) 
Persons who operate bicycles or in-line skates on designated paved trails shall yield the right-of-way to pedestrians.
(c) 
Joggers shall yield the right-of-way to pedestrians on designated trails.
(d) 
Trail users shall leave ample room on the trail for other users to pass safely.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
(a) 
No person in any park shall:
(1) 
Display or offer for sale or hire any article, thing or service, nor station or place any stand, cart, or vehicle for the transportation, sale or display of any article, thing or service.
(2) 
Announce, advertise or call the public's attention in any way to any article, thing or service for sale or hire.
(3) 
Paste, glue, tack or otherwise place any sign, placard, advertisement or inscription on park property, or erect or cause to be erected any sign on any city property adjacent to a park.
(4) 
Construct, operate, or otherwise engage in any retail or wholesale sales or commercial operations.
(b) 
Exceptions: The director may grant exceptions to the prohibitions outlined in subsection (a) above provided the activity is conducted in conjunction with an event sanctioned and sponsored by the city, said sanctioning and sponsorship having been approved by the city council.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
It shall be unlawful for any person to use a bicycle, roller blades, skateboard, scooters or other wheeled equipment, excluding wheeled equipment for the disabled, in designated parks or recreation areas or any portion of parks or recreation areas where such use is prohibited and has been so designated by signs indicating such prohibition.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
(a) 
No person shall prevent, disturb or unreasonably interfere with any other persons occupying any area or participating in any lawful activity permitted within any park.
(b) 
No person shall act in disorderly manner or otherwise disturb the peace in any city park.
(c) 
No person shall operate or use any audio or other noise-producing device, including, but not limited to, radios, televisions or musical instruments and motorized equipment in such a manner as to unreasonably annoy or endanger persons at any time or exceed state and local laws governing noise levels.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
Compliance with all laws, ordinances, rules and regulations is a condition of the use of any public park, community center or recreation area of the city. It shall be unlawful for any person to remain in any park, community center, or recreation area within the city after having been advised by an employee of the parks and recreation department or a peace officer that he is interfering with, disrupting, or preventing the orderly conduct of any supervised or unsupervised play, education program, or amusement program in any park, community center, or recreation area within the city and having been asked to leave.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
In order to reserve park facilities, including, but not limited to, park pavilions, courts, and fields, persons must obtain a reservation from the director and pay a reservation fee as set forth in the fee schedule. Persons who have reserved a park facility shall be entitled to the exclusive use of said facilities during the reservation period.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
In addition to any other provision of this chapter that requires the obtaining of a permit prior to engaging in a given activity, no person in any park shall conduct, operate, present, manage or take part in any of the following activities unless a permit is obtained from the director in accordance with this chapter prior to the start of the activity:
(1) 
Any sporting event organized by an entity such as a team or league which uses fields or outdoor courts located in a public park, save and except for those covered by a separate facility use agreement.
(2) 
Any public meeting or gathering held on public park property which attracts or can be expected to attract more than 50 but less than 500 persons at any instant during the meeting or gathering.
(3) 
Any use involving amplified sound and/or artificial lighting.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
(a) 
A person seeking the issuance of a permit to carry on an activity in a park shall file an application with the director. The application shall state:
(1) 
The name, address and telephone number of the person and organization and its officers applying for the permit;
(2) 
If the use or activity is to be conducted for, on behalf of, or by any person other than the applicant, the name, address and telephone number of that person;
(3) 
The exact nature of the use or activity for which the permit is being sought;
(4) 
The day and hours for which the permit is desired;
(5) 
The park and the portion of the park desired to be used to carry out the proposed use or activity;
(6) 
An estimate of the anticipated attendance; and
(7) 
Any other information that the director finds to be reasonably necessary in order to determine whether to issue a permit.
(b) 
Applications shall be filed with the director, and must be accompanied by any fee required by the fee schedule. Applications shall be filed for consideration not less than 30 days or more than 365 days before the date of the proposed use or activity. Emergency hearings may be conducted at the director's discretion.
(c) 
The director shall evaluate the application and render a decision in accordance with this chapter.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
(a) 
A permit for an activity in or use of a park shall be issued unless it is found that:
(1) 
The size and nature of the proposed use of the park is inappropriate for the designated area requested or will substantially interrupt the safe and orderly movement of traffic, or police, fire or ambulance emergency equipment on streets adjacent to, running through or around the park; or
(2) 
The proposed activity or use of the park would be disruptive to or incompatible with, or cause an adverse effect on the use of the designated area by others; or
(3) 
The facilities desired have been reserved for another activity or use at the day and hour requested in the application; or
(4) 
False or misleading information is contained in the application or required information is omitted; or
(5) 
The event would violate any federal, state or municipal law.
(b) 
The director may impose reasonable conditions or restrictions on the granting of a permit, including, but not limited to, any of the following:
(1) 
Restrictions on fires, fireworks, amplified sound, use of alcoholic beverages, dancing, sports, use of animals, equipment or vehicles, the number of persons to be present, the location of any bandstand or stage, or any other use which appears likely to create a risk of unreasonable harm to the use and enjoyment of the park property.
(2) 
A requirement that the applicant post a reasonable deposit of security for the repair of any damage to park property, or the cost of cleanup or both.
(3) 
A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate security forces by the city at the proposed use or activity.
(4) 
A requirement that the permittee furnish additional sanitary and refuse facilities that might be reasonably necessary, based on the use or activity for which the permit is being sought.
(5) 
A requirement that the permittee also apply for and obtain a city special event permit.
(c) 
Permits shall not be transferable without the written consent of the director.
(d) 
Within five business days after submission of an application, the director shall apprise an applicant in writing of such director's approval or reasons for refusing a permit or of any conditions attached to the issuance of a permit, and any aggrieved person shall have the right to appeal in writing within seven business days to the city manager, who shall consider the application, under the standards set forth in subsection (a) of this section or other reasons deemed by the city manager to be detrimental to the use of the public parks and sustain or overrule the director's decision.
(e) 
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in such person's permit.
(f) 
The person to whom a permit is issued shall be liable for any loss, damage or injury to any person or property whatever by reason of the negligence of the person to whom such permit was issued.
(g) 
The director or his designee shall have the authority to revoke a permit upon a finding of violation of any rule, ordinance, state or federal law, or upon the violation of any condition or restriction under which the permit was issued.
(Ord. No. CSO#103-12-2014, § 1, 12-8-2014)
Permits required by this chapter shall be posted in the area where the activity is conducted or produced and exhibited upon the demand of any law enforcement officer or authorized park employee.