For the purpose of this article, the following terms, phrases, words and their derivation shall have the meaning given below:
Aircraft.
Includes, but is not limited to, balloons, airplanes, para-planes, ultra-lights, helicopters and gliders.
Athletic field/facility
means a field or combination of fields designated by the Parks and Recreation Division to facilitate games and/or practice activities.
Board
means the town's Parks and Recreation Board.
Closed field
means a playing field or a game field owned or leased by the town that has been closed for any use due to inclement weather or maintenance requirements by order of the Director.
Community park
means a park owned by the town that is typically between 30 to 100 acres in size and that provides active and passive recreational activities for residents throughout the community.
Electric bicycle
means any bicycle that is equipped with fully operable pedals; an electric motor of fewer than 750 watts; and with a top assisted speed of 28 miles per hour or less. Pursuant to chapter 664 of the Texas Transportation Code, as amended, an electric bicycle may be classified as either a class 1 electric bicycle, a class 2 electric bicycle, or a class 3 electric bicycle. A "class 1 electric bicycle" means an electric bicycle equipped with a motor that assists the rider only when the rider is pedaling and with a top assisted speed of 20 miles per hour or less. A "class 2 electric bicycle" means an electric bicycle equipped with a motor that may be used to propel the bicycle without the pedaling of the rider and with a top assisted speed of 20 miles per hour or less. A "class 3 electric bicycle" means an electric bicycle equipped with a motor that assists the rider only when the rider is pedaling and with a top assisted speed of more than 20 but less than 28 miles per hour. For purposes of this definition, "top assisted speed" means the speed at which the bicycle's motor ceases propelling the bicycle or assisting the rider. A label or decal on an electric bicycle identifying it as a class 1, class 2 or class 3 electric bicycle shall be prima facie evidence of same.
Game field
means a field that has been designated by the Parks and Recreation Director to be used only for the purpose of conducting league play or tournament play.
Indoor facilities
means indoor facilities owned, leased or otherwise controlled by the Parks and Recreation Division which includes, but is not limited to, recreation centers, indoor swimming pools, tennis center clubhouse, golf course clubhouse, outdoor learning center, senior citizens center, school gymnasium, museums and community centers that are programmed for the purpose of conducting practices, meets and clinics for aquatic activities at the competitive and recreational level or any such use as deemed appropriate by the Parks and Recreation Division.
League
means an association or group of teams that play one another.
Neighborhood park
means a park owned by the town that is typically between five to ten acres in size and that provides recreational opportunities primarily for residents in close proximity to the park.
Outdoor facilities
means outdoor facilities owned, leased or otherwise controlled by the Parks and Recreation Division which includes, but is not limited to, lighted and unlighted outdoor swimming pools, tennis courts, basketball courts, golf courses, athletic fields, picnic areas, open air pavilions, and amphitheaters that are programmed for the purpose of conducting practices, league play, tournaments, meets, camps and clinics for competitive and recreational sports that include but are not limited to soccer, football, baseball, softball, swimming, lacrosse, cricket and rugby or any such use as deemed appropriate by the Parks and Recreation Division.
Park
means a park, reservation, playground, swimming pool, indoor facility, outdoor facility, recreation center, field, athletic field, and any related facilities, or any other area in the town owned, leased and/or used by the town, and devoted to active or passive recreation, including all plated expressways, parkways, triangles and traffic circles maintained by the town, except the parkway strips between curb and sidewalks along the several streets and highways of the town.
Parks and Recreation Director or Director
means the Director of the Parks and Recreation Division of the town and/or his/her authorized agent and/or representative.
Parks and Recreation Division or Parks and Recreation
means the Parks and Recreation Division of the Development Services Department of the town.
Person
means any person, firm, partnership, corporation, association, company or organization of any kind.
Playing field
means any portion of a park that is either owned or leased by the town that has been designated as an area which athletic league games are played, including, but not limited to, fields for football, soccer, softball, baseball or any other sport activity sponsored or cosponsored by the town.
Prosper
means the Town of Prosper, Texas.
Public property
means any property held for public use by a department or branch of an independent school district, community college district or municipal government within the town or the town government.
Special event
means any event, activity or program that operates wholly or partially within the town which may require the use of or assistance from the Parks and Recreation Division, Police Department, Fire Department, or any other public service department.
Supervised play or amusement program
means any event, activity or program that may be coordinated or controlled by the Parks and Recreation Division.
Tournament
means a series of games that make up a single unit of competition, typically over one or more days and are an invitational event.
Town cosponsored league play athletic event
means an athletic event, which is authorized, organized or scheduled with the assistance of the Parks and Recreation Division by a nonprofit organization.
Town Manager
means the Town Manager of the town and/or his/her authorized agent and/or representative.
Town sponsored league athletic event
means an athletic event which is authorized, organized or scheduled in whole or in part by the town.
Vehicle
means every device in, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved only by human power or used exclusively upon stationary rails or tracks.
(Ordinance 11-52, Exh. A, § 1, adopted 7/26/2011; Ordinance 13-60, § 2, adopted 10/22/2013; Ordinance 2025-29 adopted 7/22/2025)
It is appropriate to name or rename certain town parks in honor and recognition of several outstanding individuals who served the community well, and it is further appropriate to name other town parks with a geographical name. Park names should be familiar to the majority of citizens, easy to recall, unique and lasting. It may also be appropriate to name or rename town parks after a business entity for a specified period of time in conjunction with a sponsorship agreement. Parks shall be named:
(1) 
By outstanding and/or predominant physical characteristics of the land such as, among other characteristics:
(A) 
Streams, rivers, lakes and creeks;
(B) 
Landmark significance;
(C) 
Historic significance; and/or
(D) 
Street name identity.
(2) 
If a name is applied to park facilities such as recreational buildings, swimming pools, sports fields or play structures, those shall be named either:
(A) 
By identification with the park in which it lies;
(B) 
In honor of an individual or group when total contributions of 50 percent or more of the total cost of acquisition (excluding required park dedication) and development of facilities are donated to the town;
(C) 
When considering the naming of a park or park facilities in honor of a person, the person should have made a major contribution to the town and/or the parks and recreation system, or the person should be known for some other significant accomplishment; or
(D) 
In recognition of a business entity for a specified period of time in conjunction with a sponsorship agreement.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011; Ordinance 18-58, adopted 7/24/2018)
(a) 
Hours of general neighborhood park use shall normally be from 30 minutes before sunrise to 30 minutes after sunset. Hours of general community park or game or playing field use shall normally be from 30 minutes before sunrise to 10:00 p.m. Parks shall be open for the public every day of the year during designated hours, except for unusual and unforeseen emergencies. A variation in park hours may be permitted by the Parks and Recreation Director.
(b) 
It shall be unlawful for any person(s) to be or remain upon and/or in any park during a period beginning at 10:00 p.m. and ending 30 minutes before sunrise, except as authorized by the Parks and Recreation Director. It is a defense to prosecution under this subsection that the person was:
(1) 
Driving a vehicle on an interior park roadway which provides direct access to the person's home address;
(2) 
Attending a special event, which was being conducted in a park during the hours of closure with written permission of the Parks and Recreation Director; or
(3) 
Attending a special event during different hours for a park specifically designated by a town ordinance.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011)
It shall be unlawful for any person, other than town authorized personnel and staff or those who have received written approval from the Parks Director, to enter upon the premises of any town community center building and/or recreational facility other than during the hours the facility is officially open.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011)
It shall be unlawful for any person, other than town authorized personnel and staff or those who have received written approval from the Parks Director, to enter upon the premises of any town swimming pool other than during the hours the facility is officially open.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011)
(a) 
It shall be unlawful for any person to utilize any fountain, creek, pond, lake, stream or any other body of water in any park in the town to, among other things, swim in, boat in, wade in, or pollute any fountain, creek, pond, lake, stream or any other body of water in any park in the town unless such activity(ies) is/are specifically authorized and permitted by the Parks and Recreation Director and/or any other regulation and policy.
(b) 
Electric or gas powered motorboats are unlawful on all water bodies except by approval from the Parks and Recreation Director.
(c) 
Fishing shall be permitted only from the banks of any creek, pond, lake or other body of water in any park, unless specifically authorized and permitted by the Parks and Recreation Director and/or any other regulation and policy. No trot lines, throw lines, fish traps or nets shall be permitted. Fish may not be cleaned in any park. The Parks and Recreation Division strongly encourages a "catch and release" policy to maintain fish stock levels for the enjoyment of future park users.
(d) 
This section shall not apply to any municipally owned or operated swimming pools or boat rental operations.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011)
It shall be unlawful for any person or persons to do any of the following acts:
(1) 
To willfully interfere with, disrupt or prevent the orderly conduct of any supervised play or amusement program conducted by the Parks and Recreation Division in any building, swimming pool, playground or park located in or on any public property within the town.
(2) 
To participate in any activity that will create a danger to the public or which may be considered a public nuisance or to engage in physical violence.
(3) 
To remain in any building, swimming pool, playground or park in or on any public property within the town after being advised by the supervisor or center director of the Parks and Recreation Division to leave such building, swimming pool, playground or park located in or on any public property within the town.
(4) 
To disturb in any manner any legitimate facility uses including, but not limited to, picnics, meetings, classes, games, practices, meets, tournaments, exhibitions, camps, special events or other such uses.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011)
(a) 
Bicycle and electric bicycle riding and skating shall include peddled and bicycles of one, two or more wheels, whether electric or not, push type or motorized scooters, roller skates, in-line skates, in-shoe skates, skateboards, or any similar vehicle or apparatus. Bicycle and electric bicycle riding and skating shall be governed by safe riding/skating practices and consideration for use of parks by others. Where special parking provisions have been made for bicycles, parking for electric bicycles is permissible, and parking for bicycles and electric bicycles shall be limited to that area. Bicycle and electric bicycle riding and skating shall be prohibited in playgrounds, flowerbeds, pedestrian-only sidewalks, open space areas of parks, tennis courts, athletic courts, athletic fields, picnic pavilions and/or any other areas designated by the Town.
(b) 
The maximum speed of an electric bicycle in any area where the operation of an electric bicycle is permitted in any Town park or bike trail is 10 miles per hour, unless otherwise restricted.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011; Ordinance 2025-29 adopted 7/22/2025; Ordinance 2025-55 adopted 10/28/2025)
Overnight camping shall be unlawful except by special permit issued by the Parks and Recreation Division Director for designated park areas. Each person shall observe and obey all park rules and regulations and restore their campsite area to its original condition.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011)
Fires shall be permitted only in enclosed fireplaces or grills provided for this purpose, except with written permission of the town's Fire Chief, or his/her authorized agent and/or representative, and the Parks and Recreation Director in designated park areas. It shall be unlawful to leave a park area without extinguishing a fire. After use, coals shall be thoroughly extinguished with water and cooled and disposed of in a trash receptacle. Privately owned charcoal grills are not permitted on grass areas or on picnic tables located in parks.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011)
It shall be unlawful to damage, cut, carve, mark, remove, transplant, break, pick, or in any way injure, damage, or deface any plants, turf and/or other personal property within or upon any parks, parkways, greenbelts, or other recreational areas. It shall further be unlawful to plant into the ground any type of plants in any park, parkway, greenbelt, or other recreational area or facility without prior approval of the Parks and Recreation Director.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011)
It shall be unlawful to possess on the premises of any swimming pool, recreational center, or any other park area any glass beverage containers. It shall also be unlawful to willfully break any glass container in any swimming pool, recreation center, or any park area.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011)
A person must request to charge admission to parks. The Parks and Recreation Division may approve requests on the part of individuals or groups utilizing parks to:
(1) 
Charge admission to town-owned or controlled facilities;
(2) 
Control the movement of pedestrians in vehicles in or on the facilities included in the request;
(3) 
Sell tickets or otherwise make admission charges in amounts set by the then current fees set forth in this article; or
(4) 
Deny admission to persons who refuse to pay the approved admission charges, or any combination of the above.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011)
It shall be unlawful for a parent, guardian, or other adult having care, custody and/or control of a child to abandon or in any way leave unattended a child (under seven years of age) in any park or other recreational facility, except for a supervised program or activity.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011)
It shall be unlawful to offer any goods, food, drinks, confections, merchandise or services for sale within parks, parkways, or other recreational facilities, or on public streets and rights-of-way within 300 feet of the boundary of the same, except in commercial areas where property zoned for retail and commercial building has a certificate of occupancy for such business purposes or unless specifically authorized by the Parks and Recreation Director.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011)
It shall be unlawful for any person to discharge firearms, and carry or discharge fireworks, air guns, bows and arrows, slingshots or any device which would or could project any object which would or could create a fire hazard or any hazard or danger to the public in a park, except with joint written approval of the Parks and Recreation Director and the Town's Fire Chief, or his/her authorized agent and/or representative. Nothing herein shall conflict with any applicable state statute regulating the carrying or use of firearms.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011; Ordinance 2024-05, § 2, adopted 2/27/2024)
The town shall not be held liable or bound for any loss or damage claimed by reason of a loss or damage to personal property taken or in any way by reason of any personal injury or death of any person or animal entering a park.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011)
(a) 
It shall be unlawful for any person or persons to ascend, descend, operate, or launch any aircraft, except in areas or at times specifically designated for this purpose or by special permit issued by the Parks and Recreation Director.
(b) 
It shall be unlawful for any person or persons to launch or operate model rockets or un-tethered radio-controlled model airplanes, except in areas or at times specifically designated for this purpose or by special permit issued by the Parks and Recreation Director.
(c) 
The model aircraft user will be responsible for furnishing an annual list of members of any club or chapter to the Parks and Recreation Division.
(d) 
The model aircraft user will be responsible for following all park rules and regulations, all national association rules and regulations, and any amendments thereto. It shall further be the responsibility of any club or chapter to adequately and fully inform all members of said rules.
(e) 
All persons flying remote-controlled aircrafts must restrict their use to the established flight zone as established by the Parks and Recreation Division.
(f) 
All model aircraft users shall furnish proof of liability insurance acceptable to the town naming the town, its councilmembers, officers, agents, representatives and employees, as coinsured, with a minimum amount of $2,500,000.00 per occurrence.
(g) 
Failure to abide by any provision of this section shall result in the immediate termination of the privilege to use any park for the flying of model aircrafts.
(h) 
It shall be unlawful for any person to launch or operate model rockets and/or model vehicles, including, but not limited to, model gliders, model boats and/or model cars in any park in any manner that would or could endanger any other person or property. Electric or wind-powered model cars and boats are excluded from the above prohibition.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011)
The consumption or possession of alcoholic beverages, including but not limited to, wine, beer, ale and mixed drinks is prohibited on all park properties located within the town, unless a permit for a special event or temporary outdoor seasonal sales has been obtained from the town.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011; Ordinance 19-37, adopted 6/11/2019)
It shall be unlawful for any person or persons to do any of the acts specified below, except as otherwise provided, in all indoor facilities owned, leased, or otherwise controlled by the town:
(1) 
To enter any unauthorized portion of any facility, except with permission of the facility supervisor.
(2) 
To fraudulently use a swimming pool pass or recreation center identification card.
(3) 
To violate Ordinance No. 95-04-11, as it currently exists or may be amended, prohibiting the use of in-line skates, skates, skateboards, bicycles, motorized or nonmotorized vehicles and any other type of recreational or nonrecreational product that may destroy the surfaces of tennis courts or any other type of painted concrete or laminate surfaces.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011)
It shall be unlawful for any person or persons to do any of the acts specified below, except as otherwise provided, in all outdoor areas and facilities owned, leased, or otherwise controlled by the town:
(1) 
To loiter within 25 feet of a public restroom and for any person or persons over the age of eight years to use the restrooms and washrooms designated for the opposite sex.
(2) 
To hunt, trap, kill, remove, or release any animal, except with written approval of the Parks and Recreation Director. Fishing shall be excluded.
(3) 
To hit golf balls, except in areas specifically designated for this purpose.
(4) 
To use loudspeakers, amplifiers, or microphones, except with written approval of the Parks and Recreation Director.
(5) 
To use in-line skates, skates, skateboards, bicycles, electric bicycles, motorized or nonmotorized vehicles and any other type of recreational or nonrecreational product that may destroy the surfaces of tennis courts or any other type of painted concrete or laminate surfaces.
(6) 
To overnight camp, except by special permit issued by the Parks and Recreation Director for designated park areas. All persons shall observe and obey all park rules and regulations and restore their campsite area to its original condition.
(Ordinance 11-52, Exh. A, § 5, adopted 7/26/2011; Ordinance 2025-29 adopted 7/22/2025)
The town hereby adopts the following general traffic provisions:
(1) 
Use of vehicles.
(A) 
It shall be unlawful for any person to drive any vehicle on park roads at a rate of speed in excess of that which is reasonable and prudent under the conditions and circumstances then prevailing, taking into account the conditions of the roadways and other motor and pedestrian traffic therein, and in no event shall any person drive in or through any park property at a rate of speed in excess of 20 miles per hour unless otherwise posted.
(B) 
It shall be unlawful for any person to ride, use or operate any motorcycle, motor scooter, all-terrain vehicle (ATV), or any other vehicle in or upon any indoor or outdoor facility, except on the designated roadway and parking areas. Horses are permitted only on designated equestrian trails.
(C) 
No vehicle may be parked overnight, except town vehicles, other authorized vehicles or with written approval of the Parks and Recreation Director. Vehicles in violation may be towed at the owner's expense.
(2) 
Traffic signs.
It shall be unlawful for any person to fail to comply with the directions of any sign. The existence of any sign purporting to direct or regulate vehicular or pedestrian traffic shall be prima facie evidence that the same was posted by or at the direction of the Parks and Recreation Director.
(Ordinance 11-52, Exh. A, § 8, adopted 7/26/2011)
The town hereby adopts the following rules and regulations regarding the enforcement of this article:
(1) 
Enforcement.
(A) 
The Parks and Recreation Director and/or the police division shall, in connection with their duties, diligently enforce the provisions of this article, as it exists or may be amended, or any other ordinances applicable to parks and recreation usage, as it/they exist or may be amended.
(B) 
The Parks and Recreation Director and/or the police division shall have the authority to eject from areas or facilities any person or persons acting in violation of this article, as it exists or may be amended, or any other ordinances applicable to parks and recreation usage, as it/they exist or may be amended.
(2) 
Expulsion from parks.
(A) 
Any person charged with violating any rule or regulation of the Parks and Recreation Division, this article, as it exists or may be amended, any other ordinances applicable to parks and recreation usage, as it/they exist or may be amended, and/or any other state, local or federal law, may be expelled from any park, provided a hearing is conducted before the Parks and Recreation Director, allowing the person charged to be given the opportunity to present his/her response to such charge(s). Upon a finding of grounds for expulsion, any person, who is expelled from any park by the Parks and Recreation Director and who thereafter comes onto any park property, shall be guilty of a misdemeanor and upon conviction shall be fined as hereinafter provided. The expulsion shall be for a length of time as the Parks and Recreation Director shall direct, but shall not exceed 90 days.
(B) 
The person expelled from a park may appeal, in writing, the decision of the Parks and Recreation Director to the Board provided the appeal is made within ten days of the decision of the Parks and Recreation Director. The Board shall hear the appeal at its next regularly scheduled meeting, if reasonably possible. The Board's ruling shall be final.
(C) 
Any person may be immediately expelled from any park should he/she violate any rule or regulation of the Parks and Recreation Division, this article, as it exists or may be amended, any other ordinances applicable to parks and recreation usage, as it/they exist or may be amended, and/or any other state, local or federal law, and such violation is deemed by the person charged with enforcing ordinances and/or laws, in his/her reasonable discretion, to be an immediate threat to the health, safety and/or welfare of any other person utilizing any park and/or an immediate threat to the integrity of any park. Such person shall not be allowed to return to any park unless and until the threat(s), described in the previous sentence, have been totally eliminated, as reasonably determined by the person charged with enforcing ordinances and/or laws.
(Ordinance 11-52, Exh. A, § 9, adopted 7/26/2011)
Any person, firm, corporation or business entity violating this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of $500.00, unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of $2,000.00. Each continuing day's violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the town from filing suit to enjoin the violation. The town retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 11-52, § 5, adopted 7/26/2011)