For the purpose of this article the following terms shall have the following meanings unless the context indicates otherwise.
Closed field or area.
A field or area that has been closed for any use due to weather or maintenance by the recreation manager.
Director.
The director of the City of Midlothian Parks Department or designee.
Game field.
A field that has been designated by the director to be used only for the purpose of conducting league play or tournament play only.
League play.
An athletic event which is authorized, organized or scheduled with the assistance of the city parks and recreation department by a nonprofit organization which is a member of the city’s sports association.
Park.
A park, reservation, playground, recreation center, or any other area in the city owned, leased, controlled or used by the city, and devoted to active or passive recreation, including all planted expressways, parkways, triangles and traffic circles maintained by the city.
Person.
Any person, firm, partnership, corporation, association, company or organization of any kind.
(Ordinance 2014-31 adopted 8/12/14)
(a) 
General park rules.
Within the limits of said parks, it shall be unlawful for any person or persons to do any of the acts hereinafter specified, except as may be otherwise provided:
(1) 
To hitch, fasten, lead, drive, or let loose any animal, reptile or fowl of any kind, provided that this shall not apply to dogs when led by a cord or chain, not more than six (6) feet long except in designated areas.
(2) 
To ride or drive any horse or other animal, except in designated areas. To ride, drive, or go at a rate of speed faster than speed limits as posted on standard traffic signs, upon any bicycle, motorcycle automobile or any other vehicle whatsoever, upon any drive or street in any park of the city, or to ride or drive any such motorcycle, automobile, or other motorized vehicle upon any walk in such park, or to ride or drive any such motorcycle, automobile or other motorized vehicle upon the turf, grass or soil, except in designated areas.
(3) 
To carry or discharge any firearms, firecrackers, rockets, torpedoes or any other fireworks, air-guns, BB guns, bows and arrows, slingshots; or hit golf balls, except in designated areas.
(4) 
To damage, cut, break, injure, deface, or disturb any tree, plant, shrub, rock, building, cage, pen, monument, fence, bench 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, or other structure.
(5) 
To cut or remove any turf, wood, grass, soil, rock, sand, gravel, or fertilizer.
(6) 
To swim, to bathe, wade in, or pollute the water of any fountain, pond, lake, or stream.
(7) 
To make or kindle a fire except in picnic stoves, braziers, fire pits, or designated areas provided for that purpose.
(8) 
To wash dishes or to empty salt water or other waste liquids elsewhere than in sinks provided for such purposes.
(9) 
To leave garbage, cans, bottles, papers, or other refuse elsewhere than in receptacles provided therefor.
(10) 
To participate or engage in any activity on any public park area when such activity will create a danger to the public or may be considered a public nuisance. Overnight camping is prohibited on any park property except by special permit issued by the city manager or his designate.
(11) 
To play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice, or other device, for money, chips, shells, credit or any other representation of value, or to maintain or exhibit any gambling table or other instrument of gambling or gaming.
(12) 
To use or speak any threatening, abusive, insulting or indecent language in any of the public parks, and no person shall commit, in any parks, any obscene, lewd, or indecent act or create any nuisance.
(13) 
To disturb in any manner, any picnic, meeting, service, concert, exercise or exhibition.
(14) 
To distribute, post, place or erect any advertising, handbill, circular, bill, notice, paper or other advertising device without prior permission of the city manager or his designate.
(15) 
To sell or offer for sale any food, drinks, confections, merchandise, or services unless such person has a written agreement or a permit issued by the city manager or his designate.
(16) 
To practice, carry on, conduct or solicit any trade, occupation, business or profession or to circulate a petition of any kind or character without approval of the city manager or his designate.
(17) 
For any person over the age of six (6) years to use the restrooms and washrooms designated for the opposite sex.
(18) 
It shall be unlawful for any person other than law enforcement personnel or employees of the parks and recreation department to enter or remain in any portion of a park, playground or recreational area when the area is closed to the public. The times during which parks, playgrounds and recreational areas are open to the public shall be posted by the city as between the hours of 5:00 a.m. and 11:00 p.m., unless otherwise posted by the city. A special permit may be granted by the parks and recreation director or designee for organized sports or special events which exceed the posted hours, in which case the area containing the permitted activity shall remain open to the public until the activity ends, at which time the area shall be closed to the public.
(19) 
To possess or consume any alcoholic beverage including liquor, wine, beer, or any other type, within any city park.
(20) 
To participate or to attempt to participate as a coach, assistant coach, manager, trainer, umpire, referee or other official during any game, practice, or tournament sponsored by an organized sports association, if such person is not recognized as such or if the person’s recognition has been suspended, terminated or revoked by such sports association.
(21) 
To use any tobacco product, or to smoke or possess any burning tobacco weed, plant or other tobacco product except in designated smoking areas or in paved parking areas.
(22) 
To interfere or disrupt any game, league play, tournament or practice of any organized sports association, or any city-sponsored or approved organized athletic activity.
(23) 
To use any abusive or profane language or gestures toward any coach, assistant coach, trainer, manager, umpire, referee, player, or other official during a practice, game or league play of any organized sports association or any city-sponsored or approved organized athletic activity.
(24) 
For any person ejected from a game, field or facility by the umpire, referee, or other game official, to fail to leave the game, field or facility, or to otherwise fail to comply with the ejection order.
(25) 
For a person 18 years of age or older to participate or to attempt to participate in any game, practice, or tournament of a youth sports association as a coach, assistant coach, trainer, manager, umpire, referee or in any other official capacity without first having on file with the youth sports association a current certificate of satisfactory compliance with the city policy for criminal background check from the sponsoring youth sports association.
(b) 
Dog park rules.
Within the limit of said dog park located at 1111 Walter Stephenson Road, it shall be unlawful for any person or persons to do any of the acts hereinafter specified, except as may be otherwise provided:
(1) 
General rules and information.
(A) 
Use of the dog park shall be at the handler’s own risk. Handlers shall be responsible for the actions of their dogs at all times.
(B) 
No person under 12 years of age or under may enter the dog park unless supervised by an adult.
(C) 
No person shall allow a child under their supervision to run with or chase dogs inside the dog park
(D) 
The dog park shall be accessed only through its designated entrance gate. No person shall fail to close or otherwise prevent the closing of the dog park gate, which shall be closed at all times except when entering or exiting the dog park.
(E) 
No person shall be in the possession of food or treats for people or dogs while in the dog park.
(F) 
Handlers shall clean up and properly dispose of any waste left by their dog.
(G) 
No person shall possess a glass container while in the dog park.
(H) 
No person shall possess or use tobacco products in the dog park.
(I) 
No person shall possess or consume alcoholic beverages within the dog park.
(J) 
No person shall conduct professional dog training classes within the dog park.
(K) 
No person shall use motorized vehicles or toys, bicycles, scooters, riding toys, skateboards or other items that might interfere with the utilization of the dog park by other handlers and their dogs.
(2) 
Dog-related rules.
(A) 
Dogs must be leashed when entering or exiting the dog park.
(B) 
Handlers must carry and keep a leash visible for each dog in their possession at all times.
(C) 
Any dog that exhibits or appears to exhibit aggressive behavior, including aggressive barking, biting or fighting, shall be immediately leashed and removed from the dog park.
(D) 
Dogs must be properly licensed and vaccinated with corresponding tags displayed on each dog’s collar. All dogs must be healthy and have no open wounds.
(E) 
Dogs “in season” shall be prohibited.
(F) 
Dogs under the age of four (4) months shall be prohibited.
(G) 
Dogs wearing spike, pinch or prong collars shall be prohibited.
(H) 
No person shall possess more than two (2) dogs at any one time in the dog park.
(I) 
The city is not responsible for any damage or injury caused by handlers’ dogs. Owners and handlers are financially responsible and liable for damage or injury caused by their dogs.
(J) 
Handlers must be in verbal and sight control of their dogs at all times while in the dog park.
(K) 
A person who has knowledge of an incident in the dog park involving a dog biting a human must report such incident to the city’s animal control services or police department.
(L) 
No person shall be within the dog park except during the operational hours established by the city, which may be altered from time-to-time to accommodate the city’s operational needs
(3) 
Violation.
Any person violating any dog park rule as set forth under this article shall be guilty of a misdemeanor, if convicted, and shall be fined as provided in the general penalty provision found in section 1.01.009 of this code.
(Ordinance 2014-31 adopted 8/12/14; Ordinance 2018-52 adopted 8/28/18; Ordinance 2022-27 adopted 6/14/22)
The director is authorized to close any section or part of a park at any time and for any period or interval of time due to weather, maintenance or other public health or safety reason. It shall be unlawful for any person to go upon any section or area of a park which has been closed by the director.
(Ordinance 2014-31 adopted 8/12/14)
(a) 
Officials.
The city manager or his designate, park attendants designated by the city manager or his designate, and police department, shall in connection with their duties imposed by law, diligently enforce the provisions of this article.
(b) 
Ejectment.
The city manager or his designate, park attendants designated by the city manager or his designate, shall have the authority to eject from the park any person acting in violation of this article.
(c) 
Seizure of property.
The city manager or his designate, or any member of the police department shall have the authority to seize and confiscate any property, thing or device in the park, or used in violation of this article.
(Ordinance 2014-31 adopted 8/12/14)
(a) 
The director of the city parks department or designee is authorized to designate fields as game fields by posting a sign thereon stating:
“Game Field–Restricted to League Play Only”
(b) 
It shall be unlawful for any person to go upon a field which has been designated a game field except for the purpose of participating in approved league play.
(Ordinance 2014-31 adopted 8/12/14)
(a) 
The director is authorized to designate any field as a closed field for purposes of maintenance or to protect the surface of the field from damage by posting a sign thereon stating:
“Closed Field–Do Not Trespass”
(b) 
It shall be unlawful for any person to go upon a field which has been designated as a closed field except for the purpose of authorized maintenance or repairs.
(Ordinance 2014-31 adopted 8/12/14)
Except with prior approval of the director of the city parks department or designee, no practice is allowed on any game field or areas where games and practices have been canceled due to weather conditions. Each sports organization shall require in its bylaws that any team guilty of violating this provision shall forfeit one league game.
(Ordinance 2014-31 adopted 8/12/14)
Sports associations which desire to use any city park shall be required to execute a facility use agreement with the city which contains the duties and responsibilities of the parties. The use of city park by youth sports associations shall be restricted to organizations that have at least 75% of the youth listed on the cumulative playing rosters of the organization as residents. For purposes of this section, a resident is defined as an individual currently residing in the city, or currently attending public school in the Midlothian Independent School District.
(Ordinance 2014-31 adopted 8/12/14)
The director of the city parks department or designee shall control all concession rights for all parks and athletic facilities. No concession may be sold in any park or facility by any person except with the approval of the director of the city parks department or designee.
(Ordinance 2014-31 adopted 8/12/14)
Organizations or associations conducting organized leagues must provide and keep in force for the duration of the season with an insurance company duly licensed in the state and rated A- or better by A.M. Best, general liability insurance in an amount specified by the city’s risk manager. Insurance limits will be reviewed on an annual basis. In addition, the policy shall include the city as an additional named insured. No games may be played until an acceptable proof of insurance has been received by the director of the city parks department or designee and reviewed for adequacy by the city’s risk manager.
(Ordinance 2014-31 adopted 8/12/14)
All groups or organizations desirous of establishing leagues and utilizing recreational facilities owned, leased, or controlled by the city for competitive or recreational league play must comply with the following requirements:
(1) 
Be a nonprofit organization serving and operating exclusively for amateur sports competition.
(2) 
If requested, file a yearly financial report with the director.
(3) 
Have an active board of directors with a president or chairperson, vice-president or co-chairperson, secretary, and treasurer.
(4) 
Have on file with the director of the city parks department a current copy of the organization’s articles of incorporation, constitution, bylaws (which must be in harmony with parks and recreation department policies), a certificate of liability insurance, and names of the organization’s board of directors.
(5) 
Have a policy that permits individuals to file for exemption from registration fees.
(6) 
Have a nondiscrimination policy in which programs operated by the organization are open to all residents of the city regardless of race, age, socio-economic level, color, sex, national origin, religion, and handicap status.
(Ordinance 2014-31 adopted 8/12/14)
All youth sports associations which desire to use any city parks shall comply with the city policy adopted by the city council by resolution from time to time for criminal background checks for youth sports association coaches, assistant coaches, managers, umpire, referee, or other volunteers.
(Ordinance 2014-31 adopted 8/12/14)
The athletic user fees and public park rental fees are not printed in this code but are on file in the office of the city secretary.
(Ordinance adopting Code)