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HomeMy WebLinkAboutOrdinances (O-02-1339)-05/07/2002 ORDINANCE NO. 0-02-1339 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 66 OF THE COLLEYVILLE CODE RELATIVE TO FEES AND RESERVATIONS FOR THE USE OF PARK ATHLETIC AND RECREATIONAL FACILITIES; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS; PROVIDING FOR A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, Chapter 66 of the City of Colleyville Code of Ordinances provides for the regulation and use of public parks and imposes fees for the use of park facilities; and WHEREAS, Ordinance 0-93-906, Ordinance 0-93-918 and Ordinance 0-98-1108 created and established Section 7 of the City of Colleyville Code of Ordinances relative to parks and recreational regulations; and WHEREAS, the City Council of the City of Colleyville has determined that a revised rate and scheduling structure is in the best interest of the citizens of the City of Colleyville. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1: The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Chapter 66: Definitions 1. City cosponsored league play shall mean an athletic event, which is authorized, organized or scheduled with the assistance of the Parks and Recreation Department by a non-profit organization. 2. City sponsored league shall mean an athletic event which is authorized, organized or scheduled in whole or in part by the Parks and Recreation Department. See 2: Ordinance 0-02-1339 Page 2 of 14 3. Closed field shall mean a playing field or a game field that has been closed for any use due to inclement weather or maintenance requirements of the Parks and Recreation Department. 4. Coordinator shall mean the coordinator of the Parks and Recreation Department. 5. Game field shall mean a field that has been designated by the Parks and Recreation Department to be used solely for the purpose of conducting league play or tournament play for city sponsored or city cosponsored league play athletic events. This would include the city sponsored soccer, baseball and softball associations. Game fields are located at the Pleasant Run Soccer Complex and the Colleyville City Park. 6. Park shall mean a park, playground or any other area in the city owned or used by the city, devoted to active or passive recreation. 7. Vehicle shall mean any wheeled conveyance, whether motor powered, animal-drawn or self-propelled. The term shall include any trailer of any size, kind or description. Chapter 66: Facility Procedures and Guidelines Tennis Court Regulations 1. It shall be unlawful for any person to use the tennis courts in the City for any purpose other than playing tennis. 2. It shall be unlawful for any person to play tennis on any tennis court while wearing any footwear other than tennis shoes. 3. It shall be unlawful for any person to ride a skateboard or skates on the tennis courts. Tennis Courts Fees and Refunds 1. The tennis courts are available on a first-come first-serve basis. 2. A resident may reserve the tennis courts for a fee. The fee for residents shall be $2.00 per one and one-half hour session per court, both double and single play. Each session shall be for no longer than one and one half-hours in accordance with the reservation schedule maintained by the Parks and Recreation Department. Ordinance 0-02-1339 Page 3 of 14 3. A non-resident may reserve the tennis courts for a fee. The fee for non- residents shall be $4.00 per one and one-half hour session per court, both double and single play. Each session shall be for no longer than one and one half-hours in accordance with the reservation schedule maintained by the Parks and Recreation Department. 4. A resident and non-resident, individual or family, may purchase an annual facility use card that allows the holder to call in for tennis court reservations and to play without paying per session court fees. 5. The annual usage fees for resident and non-resident are as follows: Resident Individual Resident Family $100.00 per year $250.00 per year Non-Resident Individual Non-Resident Family $150.00 per year $350.00 per year 6. Refunds are available due to inclement weather provided, however, that a request for a refund is submitted to the Parks and Recreation Department, in writing, within one week of the scheduled session. Failure to submit a timely request for refund forfeits the refund. Rescheduling in lieu of a refund is permitted based upon availability of time slots. Tennis Court Reservations 1. The courts will open for play at 6:00 a.m. All games must be completed by 10:00 p.m., park closing time. 2. Courts may be reserved through the Parks and Recreation Department. Time slots for reservations are available in one and one-half hour increments as seasonal conditions permit. The schedule shall be determined and approved by the Parks and Recreation Coordinator or his designated representative. 3. Reservations must include the name of the individual or team, address and phone number as set forth in this policy. No more than one person from a team may schedule a reservation. 4. Residents may make reservations beginning the Monday proceeding the next scheduling week (Sunday through Saturday). Non-residents may make reservations commencing on Friday proceeding the next scheduling week (Sunday through Saturday). There will be no consecutive reservations for an individual or family member. Ordinance 0-02-1339 Page 4 of 14 5. Any person or team found to be violating the terms of this section shall be denied access to the tennis courts for the remainder of the season. Rental of Park Pavilions and Refunds 1. All non-resident special event users, except City-related users, shall make a deposit and pay a fee to the Parks and Recreation Department. The amount of deposit will be determined by the specific use of the pavilion, in an amount not less than Twenty-five Dollars ($25.00) for four hours and not to exceed One Hundred Dollars ($100.00) for eight hours, as determined by the Parks and Recreation Coordinator. Such deposit is to cover the cost of any necessary clean up or vandalism. The Parks and Recreation Coordinator shall designate a person or person(s) to inspect all premises after usage. All deposits will be held until after pavilion use, and returned to the customer unless damage or vandalism has occurred. At this time, a refund will be processed for the deposit. 2. City related functions shall have first priority on the pavilions and shall use the pavilions without charge. 3. Fees for the use of the park pavilions shall be assessed as follows: Number of people Rate for Four (4) Hour Rental NonResident 25 or less 100-150 $ 25.00 $ 50.00 $ 75.00 $100.00 26 - 50 51-1 00 Over 150 To be determined by the Parks and Recreation Department 4. All other groups who reserve the pavilion for personal use, except those specified in the following section, shall pay a fee as determined by the Parks and Recreation Department. Ordinance 0-02-1339 Page 5 of 14 5. All non-residents who reserve the facility for business, commercial or professional gatherings may apply for the use of said pavilion during daytime hours between 8:00 a.m. and 4:30 p.m. The applicant may not make any charges, nor solicit for money of any kind or character from any person for his use of the pavilion. A liability insurance policy naming the City of Colleyville as an additional insured shall be purchased by all business, commercial or professional renters. Coverage amounts must meet those specified by the City Manager or his designee. 6. A request for a reservation must be made in person at the Parks and Recreation Department during regular business hours (8:00 a.m. until 4:30 p.m.). Reservations will be accepted from adults only (18 years or older). Reservations may be made no earlier than sixty (60) days in advance. 7. A permit shall be issued by the Parks Department stating the time, date, fee and amount of deposit and any other pertinent information as determined by the City. 8. Refunds on any pavilion or park rentals unless otherwise specified, must be requested no later than three (3) working days after scheduled use, through the Parks and Recreation Department Coordinator or his designated representative. Refunds will only be considered in cases of uncontrollable events, i.e., severe weather, family emergency, etc. and must be approved by the Parks and Recreation Coordinator. Rescheduling of allotted time is preferred and can be used up to one (1) year from the time of original date. 9. All cancellations must be made no later than three (3) days prior to reservation date to obtain a refund. Park Pavilion Policies and Guidelines 1. Alcoholic beverages are prohibited, as per ordinance. 2. Music may be played only between the hours of 9:00 a.m. and 10:00 p.m., unless otherwise approved by the Parks and Recreation Department or as permitted under the City's noise and nuisance ordinances. 3. Vehicles will be restricted to designated parking areas only, except for Police, Fire emergency or maintenance vehicles from Departments. Also, the use of "bounce houses" or "moon walks" is not allowed on park property. Ordinance 0-02-1339 Page 6 of 14 4. Responsibility for damages to and or maintenance of facilities growing out of usage beyond normal and usual wear will be assumed by the individual, group or organization. All paper and waste shall be deposited in proper receptacles. 5. All special permits must be obtained in person and such individual must sign such permit indicating that he/she agrees to the terms of the deposit restriction and applicable City Ordinances. 6. Decorations should not be attached to the pavilion that would tend to deface the structure including but not limited to staples, tacks, crepe paper, or any material that will stain. Approval shall be obtained from the Parks and Recreation Department for any special decorations. 7. Any open flames, candles (other than birthday cake candles), torches, etc. shall not be used in the pavilion and use of any decoration or equipment that requires electricity must meet appropriate fire and electrical codes. 8. The City Manager or his designee shall determine the applicable charge or fee when an interpretation is needed, or the charge set by the Parks and Recreation Department is disputed. 9. Failure to adhere to Parks and Recreation Department rules and regulations will result in suspension of reservation privileges. 10. All decisions concerning the applicable fee, the non-refund of any portion of the deposit, or the denial of the use of the pavilion may be appealed to the City Manager or his designee. 11. The individual, group or organization will obey all rules and regulations, both written and verbal, and will not hold the City of Colleyville liable for any injury sustained while using the facility. 12. The person, whose signature appears on the reservation, or their representative is fully responsible for all participants using the facilities under the jurisdiction for the Parks and Recreation Department. Parks and Game Fields Reservations 1. City related functions shall have first priority in the city's parks and shall use these parks without charge. 2. Commercial use of any and all park facilities for filming, photographing, etc. shall require a charge plus a damage and clean-up deposit. Ordinance 0-02-1339 Page 7 of 14 3. The use of picnic areas and play equipment (other than pavilion renters) shall be on a first-come, first-serve basis. No reservations are allowed. 4. Any group not sponsored by the city and desiring to use a park as a gathering place or for an event or function of any kind shall be subject to the following requirements: a. The organizer or representatives of the group desiring use of the park for an event or function shall file an application for a special permit with the Parks and Recreation Department at least thirty (30) days prior to the proposed date of the event or function. The application will be on a form provided by the Parks and Recreation Department and shall include the following information: I. the name, address and telephone number of the person or persons responsible for the event or function; II. a description of the event and its proposed date and hours of duration; III. estimated number of people who will be in attendance; IV. the park and park area being requested for use; v. the nature and number of vehicles, which will be used to transport people in attendance to and from the event; VI. a description of any voice or musical amplification equipment to be used; and vii. any other information that may be required by the city in order to establish additional requirements for the preservation of the public health, safety and welfare. 5. Within three (3) days of the time the application has been filed with the Parks and Recreation Department, the Assistant City Manager will be notified of the event or function and will be provided copies of the application for the purposes stated above and for the purpose of assessing the demand placed upon services by the event and the impact upon the area surrounding the park. 6. In addition to the requirements set forth in this section, the group shall comply with any and all other applicable laws, statutes, ordinances, resolutions and rules governing use of the parks. These requirements include, but are not limited to, the payment of any fees or deposits, which may be, required for the use of a public park by this ordinance. Ordinance 0-02-1339 Page 8 of 14 Playing Fields Ballfields: Practice Fields a. The city uses G-CISD facilities for baseball and softball practice fields. b. The city does not charge a fee for the practice baseball fields at park facilities. Ballfields: Game Fields 1. Regulations a. No person shall use the game fields in City Park for any purpose other than playing softball or baseball. b. During regular and post season play, all game fields are reserved for the exclusive use of the youth sports associations, except for Sunday. 2. Fees and Refunds a. During regular and post season play, the youth sports associations pay a maintenance fee for use of the game fields. b. The fee for each game field for residents and youth sports associations, outside of the regular and post season play, shall be $50.00 (without lights) and $80.00 (with lights) per session. The fee for each game field for non-residents shall be $100.00 (without lights) and $180.00 (with lights). Each session shall be no longer than two hours in accordance with the reservation schedule maintained by the Parks and Recreation Department. A $25.00 key deposit is required prior to each session for keys and potential damage. If the keys are returned and no damage is done to the field, as determined by the Parks and Recreation Department Coordinator, the deposit shall be returned. If damage is incurred to the fields, the person or group will be assessed damages. c. Commercial or organized teams or teams playing games other than those scheduled by the city's youth sports associations, shall be required to pay a fee, as established by the Parks and Recreation Department. Field reservations are required for such teams. Ordinance 0-02-1339 Page 9 of 14 d. Refunds are available due to inclement weather, provided however, that a request for a refund is submitted to the Parks and Recreation Department, in writing, within one week of scheduled session. Failure to submit a timely request for refund forfeits the refund. Rescheduling in lieu of a refund is permitted based upon availability of time slots. e. A request for a waiver of the use of the Ball Fields: Game Fields must be submitted, in writing, to the Parks and Recreation Department for consideration and approval of the Colleyville City Council. 3. Reservations: a. All fields are available by reservation only and only for the time slot reserved. Time slots for reservations are available in two-hour increments as seasonal conditions permit. The schedule shall be determined and approved by the Parks and Recreation Department Coordinator or his representative. b. Each person or team is limited to one (1) time slot per week (Monday through Saturday) per calendar month. Reservations must include the name of the coach or assistant coach, address and phone number, as set forth in this ordinance. No more than one person from a team may schedule a reservation. Reservations shall not conflict with scheduled youth sports association league play. c. Youth sports associations and residents may make reservations one week (seven calendar days) prior to the succeeding month. Non-residents may make reservations commencing on the first business day of the month. d. Any person or team found to be violating the terms of this policy shall be denied access to the fields for the remainder of the season. e. The Parks and Recreation Coordinator or his designated representative is authorized to designate any game field owned or leased by the city a closed field for maintenance or to protect the surface of the game field from damage. Ordinance 0-02-1339 Page 1 0 of 14 f. It shall be unlawful to go upon a game field which has been designated as a closed field and has posted thereon a sign stating "Closed Field - Do Not Trespass Upon This Field - $1.00 - $500.00 Fine" unless the purpose for going upon a closed field is to maintain such field. Soccer Fields: Practice Fields 1. Fees and Refunds a. The city does not charge a fee for practice soccer fields for youth sports associations and residents. b. Commercial or organized teams or teams playing games other than those scheduled by the city's recreational sports associations, shall be required to pay a fee, as established by the Parks and Recreation Department. Field reservations are required for such teams. 2. Reservations a. Practice fields are available on a first-come first-serve basis. Local sports associations and teams have priority. Any person or team found to be violating the terms of this policy shall be denied access to the practice fields for the remainder of the season. Soccer Fields: Game Fields 1. Fees and Refunds a. The fee for each game field for youth sports associations and residents shall be $50.00 (without lights) and $100.00 (with lights) per session. The fee for each game field for non-residents shall be $125.00 (without lights) and $175.00 (with lights). Each session shall be no longer than two (2) hours in accordance with the reservation schedule maintained by the Parks and Recreation Department. A $25.00 key deposit is required, for the use of the lighted field, prior to each session for keys and potential damage. If the keys are returned and no damage is done to the field, as determined by the Parks and Recreation Department Coordinator, the deposit shall be refunded. If damage is incurred to the fields, the person or group will be assessed damages. Ordinance 0-02-1339 Page 11 of 14 b. Commercial or organized teams, or teams playing games other than those scheduled by the City's recreational sports associations, shall be required to pay a fee, as established by the Parks and Recreation Department. Field reservations are required for such teams. c. Refunds are available due to inclement weather, provided however, that a request for a refund is submitted to the Parks and Recreation Department, in writing, within one week of scheduled practice. Failure to submit a timely request for refund forfeits the refund. Rescheduling in lieu of a refund is permitted based upon availability of time slots. 2. Reservations a. All fields are available by reservation only and for the time slot reserved. Time slots for reservations are available in two (2) hour increments, as seasonal conditions permit. The schedule shall be determined and approved by the Parks and Recreation Department Coordinator or his representative. b. Any scheduled game on the game fields or use of the game fields shall be played in uniform with licensed officials. c. Each person or team is limited to one (1) time slot per week (Sunday through Saturday) per calendar month. Reservations must include the name of the individual or the team and coach, address and phone number, as set forth in this ordinance. No more than one person from a team may schedule a reservation. Reservations shall not conflict with scheduled league play. d. Youth sports associations and residents may make reservations one week (seven calendar days) prior to the succeeding month. Non-residents may make reservations commencing on the first business day of the month. e. Any person or team found to be violating the terms of this policy shall be denied access to the game fields for the remainder of the season. f. The Parks and Recreation Coordinator or his designated representative is authorized to designate any game field owned or leased by the city a closed field for purposes of maintenance or to protect the surface of the game field from damage. Ord inance 0-02-1339 Page 12 of 14 g. It shall be unlawful to go upon a game field which has been designated as a closed field and has posted thereon a sign stating "Closed Field - Do Not Trespass Upon This Field - $1.00 to $500.00 Fine" unless the purpose for going upon a closed field is to maintain such field. Other Rental Facilities, including but not limited to sand volleyball, in-line hockey courts and basketball courts. 1 . Fees a. The city does not charge a fee for the use of the sand volleyball, horseshoes, foursquare, in-line hockey and basketball courts. b. No person shall use the tennis courts, the practice or game fields or any area of a public park to charge a fee for any purpose, including private lessons or clinics. 2. Reservations a. All courts are available for use on a first-come, first-serve basis. Use of Certain Shoes Prohibited a. It shall be unlawful for a person to wear cleated shoes on the in-line hockey or basketball courts. Concessions 1. The city may have concession contract(s) granting particular vendors exclusivity. All concession vendors must obtain a health permit. Residents and non-residents may request use of a concession stand. Requests must be in writing. Requests will be reviewed by the Parks and Recreation Department Coordinator and the Assistant City Manager. Sports Clinics 1. Any individual or group seeking use of a park or playing field to conduct a sports clinic shall reserve the park or playing field by filling out the appropriate application forms in the Parks and Recreation Department and pay a fee for the clinic to be held, as determined by the Parks and Recreation Department. Sec. 3: Sec. 4: Sec. 5: Ordinance 0-02-1339 Page 13 of 14 2. Scheduling of the clinics shall be determined and approved by the Parks and Recreation Coordinator or his designated representative. Clinics shall not conflict with any scheduled league play. 3. The applicant shall purchase a liability insurance policy naming the city as an additional insured, in an amount to be determined by the city. Enforcement 1. The Parks and Recreation Department shall have the primary responsibility for the enforcement of this policy and all codes and ordinances regulating the conduct and use of park and athletic facilities. The Chief of Police shall have secondary responsibility for such enforcement. This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Colleyville, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar, as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which such conflicting provisions, if any in such other ordinance or ordinances are hereby repealed. Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00). Each day such violation continues or is allowed to exist shall constitute a separate violation and be punishable hereunder. That the City Secretary is hereby authorized to cause publication of the description caption and penalty clauses of this ordinance as an alternative method provided by law. AND IT IS SO RESOLVED: The first reading and public hearing being conducted on /t., 'It> day of April 2002. The second reading and public hearing being conducted on '1 ~ day of May 2002. Ordinance 0-02-1339 Page 14 of 14 ATTEST: ~ Cynthia Singleton, T City Secretary CITY OF COLLEYVILLE J;!Oyp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney