Commercial activity.
Includes any person, group, or organization, that makes or
attempts to make a profit, vend a service or product, receive money,
or obtain goods or services as compensation from participants in activities
occurring on public parkland that is owned and operated by the city.
This includes, but is not limited to nonprofit training/fundraising
activity, outdoor revenue generating program, and educational groups
that receive money from participants in activities occurring on department
land.
Community event.
An event in the city that is open to the public in general
and that enjoys widespread support, not only from the citizens, but
also from the surrounding areas. This will also be classified as exclusive
park rental and a community/special events packet must be completed
and subject to city council approval.
Director.
The director of the park and recreation department and/or
his designated representative.
Nudity.
Nude or state of nudity means the appearance of a human bare
buttock, anus, male genitals, female genitals, female breasts or a
state of dress which fails to opaquely cover a human buttock, anus,
male genitals, female genitals or areola of the female breast.
Plant life.
All plants including, but not limited to berries, cones,
dead or downed wood, fern, foliage, fruit, fungus, grass, lichen,
moss, sedge, shrubs, trees, turf, vines, wildflowers, or any other
member of the plant family.
Public parks.
All parks in the corporate limits of the city that have been
dedicated to the public, including all such parks that are subsequently
annexed into the city limits or dedicated to the public in the city’s
corporate limits. The term also incorporates the greenbelt area that
is owned by the city, adjacent to the Missouri/Union Pacific Railroad
line and the gazebo constructed therein.
Weapon.
This includes, but is not limited to air soft guns, archery
bow and arrows, BB guns, dart guns, firearms, knives, pellet guns,
paintball guns, slingshots, spears, switchblades, swords, stun guns,
taser guns, and all illegal weapons in accordance with state law.
Wildlife.
This includes, but is not limited to amphibian, animal, bird,
fish, reptile, shellfish or other aquatic life or any portion thereof.
(Ordinance 2013-4 adopted 2/19/13; Ordinance 2018-17 sec. 3, adopted 7/3/18)
(a) The public parks shall be open to the general public between the
hours of 6:00 a.m. to 10:00 p.m. In case of an emergency, or for other
good cause, a park, or any part thereof, may be closed to the public
by a city official.
(b) The city assumes no responsibility for the protection of persons
utilizing the trail system because of its inability to supervise the
entire trail.
(c) Any exceptions to the requirements of this section are authorized
only by council approval.
(d) Any person who shall violate any of the provisions of this section
will be asked to leave the public park and/or shall be charged with
a class C misdemeanor, and upon conviction thereof shall be punished
by a fine not exceeding five hundred dollars ($500.00) on a per occurrence
and/or per day basis.
(Ordinance 2015-09 adopted 8/4/15)
(a) The city and its agents disclaim all liability resulting from the
exclusive use of a municipal park, its facilities and/or equipment,
gazebo and greenbelts for events which are open to the public (community
events, special events, or any other activity specified in these policies).
(b) Organizers of these public events must provide proof of insurance
indemnifying the city against any liability arising from such exclusive
use naming the city as an additional insured on the certificate of
liability insurance policy. Any event that is opened to the public
must provide public liability insurance from an underwriter licensed
to do business in the state in the amounts not less than indicated.
Comprehensive general (public) liability or its equivalent, with minimum
combined single limits of $500,000.00 per person, $1,000,000.00 per
occurrence, $1,000,000.00 products/completed operations aggregate
and $1,000,000.00 general aggregate per occurrence. This can be in
the form of one-day event insurance or by including the event as a
rider on an existing insurance policy. Organizer of the event shall
furnish the city with certificates of insurance or copies of policies,
evidencing the required insurance one week before the event. However,
some closed events (birthday parties, family reunion, etc.) will not
require the liability insurance. The city council shall have the right
to waive the insurance requirement for charitable events. The waiver
will be made on a case-by-case basis.
(c) Any exceptions to the requirements of this section are authorized
only by council approval.
(d) The director has the authority to decide whether or not liability
insurance is required for a closed event.
(Ordinance 2013-4 adopted 2/9/13; Ordinance 2017-02, sec. 1, adopted 2/7/17; Ordinance 2017-02, sec. 2, adopted 2/7/17)
(a) Hunting, fishing, camping, and parking.
There shall
be no hunting, catching or trapping of wildlife within any public
park. Any fishing activities must comply with the current applicable
federal, state, and local guidelines. Fishing will only be allowed
in designated areas. Overnight camping and parking within any publicly
owned park or playground within the city limits is prohibited with
the exception of a city-sponsored program or community/special event
and/or the encampment of youth groups for the purpose of learning
or demonstrating camping skills at Historic Stagecoach Park.
(b) Alcoholic beverages.
Possession, consumption, or distribution
or alcoholic beverages is prohibited within all public parks and recreation
facilities without obtaining a city alcohol permit except as follows:
(1) Possession and consumption of alcoholic beverages is limited to beer
and wine served or sold on the premises, during community or private
special events by individuals or organizations that have obtained
all necessary approval and documents required by the Texas Alcohol
Beverage Commission and the city. Permit holders must obtain a permit
for on-premises consumption where 51% or greater of their total gross
receipts are alcohol. Permit holder will also gain approval from the
city on the premises for the permit and be responsible for all signage
required for the permit. The permit holder will hold all liability
responsibilities.
(2) Possession and consumption of beer and wine is allowed during designated
city organized events in designated areas.
(c) Glass containers.
It shall be a violation for anyone
exhibiting, using, carrying or disposing of glass beverage containers
in all public parks.
(d) Sound amplification.
It shall be a violation for any
person to engage in using sound amplification equipment of any kind
without a proper permit.
(e) Open fires.
It shall be a violation to use any open
fires or unauthorized cooking pits inside the boundaries of any public
parks without a proper permit.
(f) Fireworks, firecrackers, explosives.
It shall be a violation
to use fireworks, firecrackers, or explosives of any kind, in any
public park unless authorized to do so by obtaining proper permits
through the county and the city.
(g) Pets.
All pets must be on a leash and licensed as required
by law. It shall be a violation if pets are on any recreational/soccer/football
sports fields and on any fenced-in baseball/softball sports fields
at the Sportsplex. It shall be a violation for any person exercising
ownership, care, custody or control of a pet/animal to allow such
animal knowingly, intentionally or negligently to deposit feces on
any city property, unless said person removes the feces immediately
once deposited.
(h) Sports association/organization/foundation facility fees.
(1) These groups must meet with the director and agree to terms in a
written contract agreement. This contract will cover fees, policies
and procedures, maintenance, and operation and standards in which
the city facilities will be maintained.
(2) Individual or entities must provide documentation of transactions
for goods and/or services as well as provide a copy of liability insurance
policy naming the city as an additional insured party when appropriate.
(i) Commercial activity.
Commercial use in public park land
is not authorized without approval from the city. Individuals or entities
engaged with the provision and sale of goods and/or services on public
park land will be required to provide all necessary documentation
provided by the department and obtain proper permits. Upon the completion
of all required documentation, it is the director’s discretion
to approve the application.
(1) Nonprofit training/fundraising activity.
A program/training
class operated under the auspices of a not for profit organization
that does not collect fees directly from class participants but operates
for the ultimate purpose of generating revenues.
(2) Commercial use permit.
Written authorization from the
department to the applicant to conduct organized educational/leisure
classes at designated park sites and to charge a fee of participants
who desire to attend or participate in the commercial activity whether
it’s for profit or fundraising. See attachment to Ordinance
2013-4.
(3) Outdoor fee-based activities.
An organized program or
activity that takes place at a regular meeting time daily or weekly
over a consecutive number of weeks and in which the participants pay
an enrollment fee to the organizer or instructor to attend.
(4) Outdoor revenue generating program.
Activities/events
that are held three or more times a month to generate revenue.
(5) Education program.
Program in which attendees pay a
fee for any type of training or educational activity.
(j) Abandoned property.
Any items misplaced on public park
grounds will become property of the city to dispose of properly after
one week if not claimed from the department.
(k) Nudity.
It shall be a violation for a person to intentionally
or knowingly appear nude in a public park.
(l) Damage/defacement.
It shall be a violation to damage
or deface (including graffiti) public parks and park property including,
but not limited to turf, fences, trails, benches, picnic tables, grills,
playground equipment, basketball goals, pavilions, lights, bulletin
boards, signage, apparatus, restrooms, and paved surfaces including
the skate park.
(m) Protection of plant life and wildlife.
It shall be a
violation for a person to break, bruise, burn, carve, chase, cut,
destroy, deface, dig up, disturb, excavate, frighten, harass, harm,
injure, kill, mutilate, pick, prune, pull, pursue, remove, take, tamper
with, tear up, transplant or trap any plant life, wildlife, or geological
deposits from or in any public park except by express written permission
of the director. It is also a violation to attach any cable, wire,
rope or sign to any public park tree, plant or shrub. Exceptions include
fishing when visible posted signage allows fishing when accompanied
by a state issued fishing license.
(n) Littering and trash.
It shall be a violation to leave
garbage, cans, paper, or other refuse in a public park anywhere other
than in the trash receptacles provided. It is a violation to drop,
dump, deposit, place or throw any brush, lawn or garden cuttings,
garbage, litter, or trash, on public park property, except that which
is generated by park visitors and disposed of in receptacles provided
for park use purposes.
(o) Activity disruption.
It shall be a violation for any
person to prevent, disrupt, interfere with, or obstruct in any manner
any authorized, permissible and/or organized activities, programs,
or uses in any public park unless approved in writing by the director.
(p) Unauthorized trespass.
It shall be a violation to enter
any public park or sports field posted as “closed - do not enter
up to $500.00 penalty for violation” unless approved in writing
by the director.
(q) Tobacco products.
It shall be a violation to use tobacco
products on or within 25 feet of any outdoor city-owned sports fields
at the Sportsplex, skate parks, splash parks, swimming pools, playgrounds,
or playground equipment with the exception of community or special
events that has been approved by city council and city-organized events.
(r) Trail use.
Bicyclists shall yield to joggers, and joggers
shall yield to walkers. Trail users should not be more than two abreast
when this action will impede other traffic on the trail. Trail users
should leave ample room on the trail for other users to pass safely.
All bicycles shall be equipped with properly functioning brakes. Bicyclists
shall not travel faster than 10 miles per hour. It shall be a violation
for motorized vehicles to be on trails, including but not limited
to motorcycles, mini-bikes, and ATV’s with the exception being
motorized vehicles used by handicapped individuals.
(s) Weapons.
It shall be a violation for a person to carry
any weapon in any public park, whether or not the weapon is loaded,
concealed or licensed. This provision does not apply to those persons
who are duly licensed by the state to carry a weapon in accordance
with the provisions of subchapter H, chapter 411 of the Texas Government
Code, and as amended from time to time, or otherwise authorized by
state or federal law except as provided by subsection (1) of this
section. This provision also does not apply to local, state, or federal
law enforcement officers or agents.
(1) It shall be a violation for a person to carry any weapon in any public
park when there is an activity being sponsored by a school or educational
institution being conducted unless such person is duly licensed by
the state to carry a concealed weapon in accordance with the provisions
of subchapter H, chapter 411 of the Texas Government Code, and as
amended from time to time, or otherwise authorized by state or federal
law. This provision does not apply to local, state, or federal law
enforcement officers or agents.
(t) Construction.
It shall be a violation for any person
to build, construct, or place any structure or improvement, temporary
or permanent, in any public park without prior written consent from
the director.
(u) Metal detectors.
It shall be a violation to use metal
detectors in any public park.
(v) Violations.
Any person who shall violate any of the
provisions of this section shall be charged with a class C misdemeanor,
and upon conviction thereof shall be punished by a fine not exceeding
five hundred dollars ($500.00) on a per occurrence and/or per day
basis.
(w) Exceptions.
Any exceptions to the requirements of this
section are authorized only by city council approval.
(Ordinance 2013-4 adopted 2/9/13; Ordinance 2017-02, sec. 1, adopted 2/7/17; Ordinance 2017-02, sec. 2, adopted 2/7/17)
(a) The city shall promulgate application and permit forms that are required
or authorized by this policy, and the parks and recreation staff shall
issue permits consistent with the public parks policy. Permits are
required for the following uses:
(1) Consumption, distribution and/or sale of alcoholic beverages.
(2) Concerts/sound amplification.
(3) Use of fireworks, firecrackers, and explosives.
(4) Bounce houses, carnivals, dunking booths, petting zoos, rock climbing
walls, trackless trains and waterslides.
(5) Electricity and/or water use.
(b) Violations.
Any person who shall violate any of the
provisions of this section shall be charged with a class C misdemeanor,
and upon conviction thereof shall be punished by a fine not exceeding
five hundred dollars ($500.00) on a per occurrence and/or per day
basis.
(c) Exceptions.
Any exceptions to the requirements of this
section are authorized only by city council approval.
(Ordinance 2013-4 adopted 2/19/13)
Requests for the rental of public park facilities shall be directed to the department, who shall decide the appropriate procedure for approval. Reservation requests shall be accepted no earlier than six months prior to a specific date, except for special events as defined by section
18.07.031 of this code.
(Ordinance 2018-17, sec. 4, adopted 7/3/18)
(a) Pavilions and gazebo.
Available at City Park, Downtown
Greenbelt, Garlic Creek Park, Green Meadows Park, Historic Stagecoach
Park, Stoneridge Park, and Whispering Hollow Park.
(b) Buda Sportsplex.
Available for practices, league games,
tournaments, and special events. (4 recreational/soccer/football fields
and 4 baseball/softball fields.)
(c) Exclusive public park rental for community event/special events.
Individuals or groups wanting to have exclusive use of any public
parks and recreation facilities must fill out the special event application.
The exclusive rental rate will be applied for every 24-hour period
the park is rented.
(d) Refunds.
(1) Cancellation of reservations.
Must be made no less than
14 days prior to the reserved date in order to receive a refund. Non-use
due to inclement weather conditions will be taken into consideration.
(2) Deposits.
Will be refunded upon inspection of the parks
staff. The standard of cleanup shall be to leave the park as it was
when you arrived.
(3) Keys.
Keys for the Sportsplex concession stand and other
parks shall be returned to the city within 3 calendar days after the
event. It shall be a violation for anyone to duplicate, retain or
copy any such key. If the key is not returned, the entire deposit
will be forfeited.
(e) Waiving of fees.
The city may waive all or a portion
of the fee with the recommendation of the parks and recreation commission
and the approval of the city council when appropriate.
(Ordinance 2013-4 adopted 2/19/13)
(a) It shall be a violation for any person to drive any unauthorized
motor vehicle, motorcycle, motor bike, motor scooter, ATV, or other
motor-driven device or vehicle on or across public park land being
owned, operated, and maintained by the city.
(b) Nothing in this section shall be construed so as to prohibit operation
of any motor-driven vehicle as defined in the previous subsection
upon any improved parking area within the public park.
(c) Any person who shall violate any of the provisions of this section
shall be charged with a class C misdemeanor, and upon conviction thereof
shall be punished by a fine not exceeding five hundred dollars ($500.00)
on a per occurrence and/or per day basis.
(Ordinance 2013-4 adopted 2/19/13)
(a) All provisions listed herein are effective for all public ponds unless
described activity is specifically authorized and permitted by the
parks and recreation director and/or any other city regulation.
(b) Bradfield Lake, the lake located in the city park adjacent to Bradfield
Subdivision, is hereby declared to be a community fishing lake.
(c) All anglers seventeen (17) years of age and older are required to
have a valid state fishing license and a freshwater fishing stamp
endorsement.
(d) Children twelve (12) years of age or younger must be continuously
supervised by an adult while they are fishing.
(e) Fishing is permitted by pole and line only. The use of trot lines,
jug lines, seines, spears, crossbows, and throw lines is prohibited
in this lake. Anglers may have a maximum of two poles in use at the
same time. All poles must be continuously monitored by the angler.
(f) Fish obtained from other water bodies may not be introduced into
this lake. Doing so may upset the biological balance being maintained
in the lake by the state parks and wildlife department.
(g) Fish may not be cleaned on the banks of the lake, or anywhere within
Bradfield Park.
(h) Use of watercraft of any type is not allowed.
(i) Swimming or wading is prohibited.
(k) A copy of these rules shall be posted on an appropriate sign near
the entry to the park or in a conspicuous area near the pond.
(l) Any person who shall violate any of the provisions of this section
shall be charged with a Class C misdemeanor, and upon conviction thereof
shall be punished by a fine not exceeding five hundred dollars ($500.00)
on a per occurrence and/or per day basis.
(Ordinance 2014-27 adopted 12/16/14)
The following rules will apply to any off-leash dog recreation
area and shall be posted:
(1) Use of the dog park is at your own risk! The city shall assume no
liability or responsibility for damage or injuries in this facility.
Dog owners/handlers are responsible for the actions, behavior, damages,
and injuries inflicted by their dog(s). Please familiarize yourself
with the rules below so that everyone may enjoy the park.
(2) Hours: Dawn to dusk, weather and conditions permitting.
(A) This facility is for use by dogs, their owners/handlers, and their
human guests only. No other animals or uses are permitted.
(B) Leashes may be removed inside the fenced off-leash areas of the facility
only.
(C) All dogs must be under control and in view of the owner/handler at
all times. Dogs must be supervised by persons seventeen (17) years
of age or older.
(D) No children age 12 or younger are allowed in the dog park. Children
ages 13 through 17 must be accompanied by an adult. Permitted children
must be supervised by the adult and behave appropriately: No running,
shouting, chasing dogs, or petting other people’s dogs without
the owner’s permission.
(E) Limit of two (2) dogs per person in the facility at any time.
(F) Dog owners/handlers are liable for any injuries or damage caused
by their dogs. Any bites or scratches must be reported to city’s
animal control office. Any instance of a bite or scratch to a person
must be reported to city’s animal control in accordance with
Texas State Law, chapter 826.021, THSC.
(G) Dog owners/handlers are responsible for picking up and disposing
of their dog’s waste, repairing any damage done by their dogs.
(H) All dogs must wear a collar or harness with current rabies vaccination
tag and registration tags displayed. Dog owners/handlers must have
a current rabies vaccination certificate available and comply with
current city animal control ordinances. Owners must remove pinch,
prong or spiked collars before entering the off-leash area to prevent
injuries.
(I) No person shall bring into an off-leash area a dog where a court
has made a determination that such dog is a dangerous dog or a dog
that is known, or should have been known, by its owner to display
aggressive behavior towards other animals or humans. Dogs that are
showing any aggressive behavior or high levels of excitement shall
be leashed and removed from the facility immediately upon first sign
of aggression or over excitement. Dogs with two (2) documented incidents
of aggression are banned from the park.
(J) Dogs under four (4) months of age are not allowed in the facility.
(K) Female dogs using the facility must not be in heat and all dogs must
be healthy and free of parasites.
(L) The small dog off-leash area is for dogs less than thirty (30) pounds
only. The large dog off-leash area is for dogs weighing thirty (30)
pounds or more. Small dogs are permitted in the large dog off-leash
area but enter at your own risk.
(M) Dog owners/handlers must carry leash (one per dog) while in the facility.
Dog owners/handlers may not chain or tether a dog with any restraint
unless said person is holding the restraint upon city property.
(N) No food (dog or human) or training treats or toys allowed in the
facility.
(O) Glass containers, alcohol and tobacco of any kind are prohibited
in the facility.
(P) Bicycles, skateboards, rollerblades and motorized vehicles are prohibited
in the facility.
(Q) Professional trainers are not allowed to use the facility for training
purposes.
(R) No fundraisers can be conducted on park property without the prior
approval of the park and recreation department.
(S) Park is subject to closure upon determination by the city that there
is a reason deemed to be in the public’s interest or safety.
(T) Any person who shall violate any of the provisions of this section
shall be charged with a class C misdemeanor, and upon conviction thereof
shall be punished by a fine not exceeding five hundred dollars ($500.00)
on a per occurrence and/or per day basis.
(Ordinance 2016-10 adopted 7/5/16)