(a)
Except as otherwise provided, all parks, recreational facilities, and golf courses of the city shall be closed from 10:00 p.m. to 6:00 a.m.
(b)
Notwithstanding the curfew provisions provided in subsection (a) of this section, the curfew shall not apply to activities specifically sponsored by the city or activities authorized through contract or interlocal agreement that take place at city parks, recreational facilities, or golf courses. The curfew provisions provided for in subsection (a) of this section shall not apply if waived by a permit granted by the city manager, as provided for in subsection (c) of this section. Further, this section shall not be construed to apply to city buildings available for rental by the public that are located in city parks, for there are rules and regulations governing the use and hours of said buildings.
(c)
(1)
Any person, group, or organization desiring to engage in any organized recreational, political, educational, or other activity in the public park property of the city that will cause exclusive or semi-exclusive use of that park for that activity shall first obtain a park permit for the activity from the city manager as herein provided. Public park property is not available for rent; however, within city parks, facilities such as swimming pools, pavilions, and sports fields are available for rent on a limited basis. Any person, group, or organization desiring a variance to the rules and regulations of these facilities must also obtain a park permit.
(2)
Applications for permits shall be made at the parks and recreation department on a form prepared by the city. Any variance of the provisions of this section desired by the person, group, or organization making the permit application shall be so stated on the application and attach any exhibits, if necessary, to the application.
(3)
The parks and recreation director shall make a recommendation regarding the request on its approval/disapproval and on any conditions recommended for approval. The completed park permit application will then be forwarded to the city manager for action.
(4)
The city manager shall review the application and may approve the application, disapprove the application, approve the application with staff recommended conditions, or require additional conditions for approval. The city manager may decline to issue a park permit if he determines:
a.
The purpose for which the public park property is to be used is unlawful;
b.
The time, place, or manner of use is likely to cause substantial disturbance to persons residing in the surrounding area, or to businesses, or to schools located nearby, or is likely to result in damage to city property, or does not provide for a starting or stopping time for said use; or
c.
For any other reasons as the city manager, in his sole discretion, may deem adequate.
(5)
If the city manager declines to issue a park permit on the above grounds, he may suggest to the applicant some other more appropriate time and place, if any, at which the proposed activity could be held and for which the city manager would be willing to issue a permit; or may suggest some modifications in the manner of use to alleviate or minimize the risk of substantial disturbance, destruction of city property, or other factor which, if modified, would cause the city manager to issue a permit. If the applicant agrees to the modifications proposed by the city manager, a park permit shall be issued accordingly; otherwise, it shall be denied.
(6)
The city manager may, in his discretion, require the applicant to post a bond in sufficient amount to indemnify the city against anticipated damage to city property, against the expense of special police protection, or against the expense of cleaning up the park property after the event has occurred. The posting of such a bond may be made a condition precedent to the issuance of a park permit, but the bond shall not be excessive in the amount nor be in an amount in excess of the city's anticipated expenditures with respect to the activity for which the permit is sought. Any bond required will be in addition to the liability insurance requirement for all permits listed below.
(7)
Any applicant refused a permit may appeal the city manager's decision to the city commission by filing a request for review with the city secretary within five working days after the applicant receives written notice of such adverse determination. The city secretary shall place the request for review on the agenda of the next regular or special meeting of the city commission. The decision of the city commission upon such appeal shall be final.
(8)
When a park permit is approved, the applicant shall furnish to the city a certificate of liability insurance in the amounts required on the application form that names the city as an additional insured for the activity. A permit fee as established in the city fee schedule in chapter 18 is hereby established to cover the city's cost of processing the approved permit. This fee shall be nonrefundable, regardless of whether the permit is used or not.
(9)
The park permit issued hereunder shall be set forth with particularity the conditions upon which the permit is issued, including, but not limited to, the following:
(d)
Pets are not allowed in any city recreation facility or golf course where posted. Pets are allowed in park areas when secured by a leash of the type required by the city leash ordinance. Assistance animals, as defined in Texas Human Resources Code § 121.002, are allowed in all city parks, recreation, or golf facilities.
(e)
No mechanical rides, inflatable structures (e.g., "moon walks"), or other commercial recreational devices are allowed in any city park unless part of a city sponsored or city approved special event. Such equipment is allowed within the fenced area of rental pavilions and other fenced rental facilities.
(f)
The parks and recreation director, with the assistance of the parks and recreation advisory board, shall formulate rules and regulations for the use of and operation of any and all park properties, sports facilities, pools, and appurtenances thereto; including, but not limited to, hours and schedule of facility operation, safety rules, and user regulations. Such rules and regulations shall not include the establishment or alteration of fees for the use of park properties, sports facilities, pools, and appurtenances thereto.
(g)
Prohibited activities in the parks.
(1)
To ride or drive any motorcycle, automobile, or other motorized vehicle upon any sidewalk, hiking or jogging trail, or within the city park. Further applicable restrictions are cited in section 36-107.
(2)
It shall be unlawful for persons to play golf or practice golf within the city parks of the city. Any person driving a golf ball by striking it with a golf club within a city park, except in areas designated as a golf course shall be deemed to have violated this section and shall be subject to a fine, upon conviction.
(3)
To swim, bathe, wade in, or pollute the water of any pond, lake or stream.
(4)
To camp overnight unless otherwise approved by the city commission for an event.
(5)
To sell or offer for sale any food, drinks, confections, merchandise or services, except pursuant to a permit issued by, or pursuant to a written agreement with the city.
(6)
To practice, carry on, conduct, or solicit for any trade, occupation, business or profession without proper permit.
(7)
Practicing and playing certain games.
No organized group shall conduct or participate in any tournament, camp, or organized sporting activity which has not been specifically authorized by the city commission or city manager, or which conflicts with a scheduled activity authorized by the city. For example, it shall be unlawful to play or practice golf because of potential turf damage and safety concerns, hit baseballs or softballs in areas where other park users are endangered or engage in other activities that create risk to persons or property (cricket, polo, lacrosse, archery and hockey are examples). Such games may be played, or activities undertaken in park areas set apart and/or designated for such purposes by the parks and recreation department.
(h)
Enforcement.
(1)
The city police department shall have the authority to eject from the park or facility and may be prohibit violator from future access to the parks or facility if person(s) found to be in violation of this chapter, 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)
A person who violates any provisions of this section shall be subject to potential citation and municipal court fines up to $200.00. The city police department shall be authorized to enforce this section.
(Code 1997, § 97.01; Ordinance 02-86, adopted 9/18/2002; Ordinance 08-34, adopted 5/21/2008; Ordinance 2024-31 adopted 2024)