This division shall apply to any and all property of the city
owned or otherwise controlled by the city and used for park and/or
recreational purposes, unless otherwise herein particularly provided.
(2005 Code, sec. 12.2.01(A))
The area known as Gardens Park shall include the area of Elkins
Lake, Grimes Field and Stevenson Playground, as shown on the official
map of the city.
(2005 Code, sec. 12.2.01(B))
Public and private swimming, wading and bathing in the municipal
lake known as A. H. “Pappy” Elkins Lake is hereby prohibited.
(2005 Code, sec. 12.2.02(A))
The use of any motor-powered boat on A. H. “Pappy”
Elkins Lake is hereby prohibited.
(2005 Code, sec. 12.2.02(B))
The Gardens Park is hereby closed to the public between the
hours of 10:30 p.m. and 7:00 a.m. daily.
(2005 Code, sec. 12.2.02(C))
Upon the basis of an engineering and traffic investigation heretofore
made as authorized by the provisions of V.T.C.A., Transportation Code,
section 545.351 et seq., 10 miles per hour is hereby determined and
declared to be, prima facie, the maximum safe speed for motor vehicles
on streets, roadways and other areas within any park of the city.
(2005 Code, sec. 12.2.03)
It shall be unlawful for any person to drive or park a motor
vehicle within any park of the city except on streets or roadways
or in designated parking areas.
(2005 Code, sec. 12.2.04)
It shall be unlawful for any person to dump or otherwise dispose
of garbage, trash, refuse or other unsanitary or unsightly matter
or solid waste within any park of the city other than in approved
containers or receptacles provided for such purpose.
(2005 Code, sec. 12.2.05)
(a)
It
shall be unlawful for any person to possess or consume any alcoholic
beverage while on or within the limits of any park of the city, unless
possession or consumption of beer or wine is by an adult, at a special
event authorized by the city, and designated by the city as a bring
your own beverage event.
(b)
City
designation of the event as a bring your own beverage event shall
be posted on the city website, and shall be included in any literature,
newsletters, brochures or other publicity about the event, and such
designation shall be substantially in the form of “This event
is designated by the City of Dalworthington Gardens as a bring your
own beverage (beer or wine) event pursuant to City Code of Ordinances
section 1.09.079.”
(Ordinance 16-02 adopted 6/21/16)
It shall be unlawful for any person to engage in the activities
of mining or drilling for any substance of any kind in any park area
within the city, including, without limitation, Gardens Park, A. H.
“Pappy” Elkins Park, Elkins Lake and Grimes Field.
(2005 Code, sec. 12.2.07)
(a)
Generally.
Individuals or groups that want to have exclusive,
reserved use of the park pavilion, baseball fields, or deck ("renters")
must follow the procedures set out in this section and pay any applicable
fees.
(b)
Availability of pavilion and deck.
The pavilion and
deck are generally available for rent by any individual or group,
whether a resident of the city or not, on a first-come, first-served
basis under the following conditions:
(c)
Availability of baseball fields.
The baseball fields
are generally available for rent by any individual, team or group,
whether a resident of the city or not, on a first-come, first-served
basis, under the following conditions:
(d)
Advance reservation.
On or about January 2nd of each
year, the city will make the pavilion, deck and baseball fields available
for reservation during the period of January 2nd through June 30th
of that year. On or about July 1st of each year, the city will make
the pavilion, deck and baseball fields available for reservation during
the period of July 1st through December 31st of that year, and January
1st of the following year.
(e)
City and city-sponsored events.
The city shall have
priority use of the pavilion, deck and/or baseball fields for any
city or city-sponsored event. The renter agrees that any rentals conflicting
with a city or city-sponsored event will be cancelled, with a full
refund issued.
(f)
Rescheduling.
Rentals that are cancelled due to inclement
weather or other unforeseeable problems that directly and substantially
impair use of the facility, e.g., utility outage, prior damage to
the facility, etc., as solely determined by the city, may be rescheduled
by contacting the city within three (3) working days. A paid receipt
is required to reschedule.
(g)
Rental time.
Renters will designate the period of time
requested for their exclusive and priority use of the facility. The
rental time must include the time actually needed for set-up and cleanup,
before and after the event.
(i)
Refusal or limitation of rental privilege.
Individuals
or representatives of groups or teams applying to rent facilities
must be at least 18 years of age. The city reserves the right to refuse
or limit the privilege of any group or team to rent any of the facilities
on the following basis:
(1)
The individual, team or group has previously left untied or loose
trash at the rental location.
(2)
The individual, team or group has previously damaged or destroyed
city property or other public property or has otherwise violated policies
regarding rental or use of city parks or recreation facilities.
(3)
The applicant's intended use is likely to damage facility property
or violate applicable federal, state, or local laws, regulations,
or ordinances.
(4)
The applicant has rented or requests to rent the facility with such
frequency that the renter's use reasonably deprives others of the
opportunity to use the facility.
(j)
Indemnification of city.
In renting a facility, each
renter agrees to release, hold harmless, and indemnify the city, its
officials, employees, and agents from all claims, fees, expenses,
and costs, including legal fees, incurred by the city, its officials,
employees, and agents, including but not limited to any claims of
personal injury by any person or damage to or loss of real or personal
property, arising out of the renter's use, possession, or occupancy
of the facility.
(k)
Discrimination prohibited.
The city prohibits discrimination
on the basis of race, sex, color, national origin, age, or disability
in its programs and activities. Complaints or concerns on alleged
discrimination can be filed with the city or the Office of Equal Opportunity,
U.S. Department of the Interior, Washington D.C., 20240.
(l)
Order to leave premises.
The renter agrees that, in
the event the renter or any invitee or guest of the renter violates
this facility use policy or engages in illegal conduct or other activity
that the city staff determines is detrimental to the city or its property,
the city may immediately revoke the renter’s authority to use
the facility and order the renter and the renter’s guests and
invitees to leave the premises immediately. The city reserves all
legal rights to enforce these policies.
(Ordinance 2018-21 adopted 12/20/18; Ordinance
2023-08 adopted 3/20/2023)
The use of any form of lighting to illuminate any portion of
a park, other than the lighting provided by the city, is prohibited.
This prohibition shall not apply to an individual’s use of a
flashlight or similar devise designed to illuminate a path of travel,
or equipment designed to make an individual visible in the dark.
(Ordinance 2018-21 adopted 12/20/18)
Riding horses in any section of Gardens Park, south of Elkins
Drive, is prohibited.
(Ordinance 2023-13 adopted 8/17/2023)
