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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. A person giving up custody of a domesticated pet or farm animal without making arrangements for another person to assume custody.
ALCOHOLIC BEVERAGE. Any beverage containing more than 0.5% of alcohol by volume, which is suitable for use as a beverage, either alone or diluted.
ANIMAL. A non-domesticated living creature (e.g., cat, dog, chicken, or rabbit) or a wild living creature previously captured.
CITY COUNCIL. The City of Tool City Council.
CLOSED FIELD. A playing field or a game field that has been closed for any use due to inclement weather or maintenance requirements by order of the Director of Maintenance and Operations.
COMMUNITY PROGRAM. A city or Department activity offered as a free service to the public with no admission or registration fee and which is considered to be a minimum essential level of park and recreation opportunities in a municipal environment. Expenses will be recovered by subsidies/sponsorships by businesses and corporations. Community programs include department-sponsored city-wide special events and educational and community service programs.
COUNTY. Henderson County, Texas.
DEPARTMENT. The Parks Division of the City of Tool Maintenance Department.
DIRECTOR. The director of the department or his or her authorized designee.
DIRECTOR OF MAINTENANCE. The department head assigned to lead the Parks Division.
EXPLOSIVE. Any chemical compound or mixture that is commonly used or intended for the purpose of producing an explosion.
FEES. Charges assessed or levied by the city through the department to one or more people and/or entities for participation in programs, receipt of services, and/or use of a public park or recreational facility. Fees generally fall into one of the following categories:
(1) ADMINISTRATION FEE. A portion of a fee retained to cover administrative costs incurred in processing certain program registration and facility
reservation refund requests;
(2) ADMISSION FEES. Charges made to enter a public building, structure, event, or other controlled area;
(3) ONLINE CONVENIENCE FEE. A fee charged to an individual or entity for utilizing the city's online registration/payment service;
(4) PERMIT FEES. Charges for a permit issued by or under the authority of the Director of Maintenance and Operations;
(5) RENTAL FEES. Charges for the privilege of exclusive use of any public park or recreation facility or equipment;
(6) SALES REVENUES. Revenues obtained from the operation of stores, concessions, etc. and from the sale of merchandise or other property;
(7) SPECIAL SERVICE FEES. Charges, made for supplying commodities, activities or services as an accommodation to the public; and
(8) USER FEES. Charges for the non-exclusive use of a public park’s equipment or recreation facility, participation in a park program or
access to an activity, or a city-controlled area for which an admission fee is not otherwise charged.
GAME FIELD. Any portion of a public park that is either owned or leased by the city that has been designated as an area in which athletic league games are played, including fields for football, soccer, softball, baseball or any other team sport activity, whether or not sponsored or co-sponsored by the department.
INDIVIDUAL. A single human being.
PARK. A property owned, operated, or maintained by the City of Tool for recreation and enjoyment by the general public.
PEACE OFFICER. A peace officer as defined in the Tex. Code of Criminal Procedure, Art. 2.12 as amended.
PERSON. Any individual, group of individuals, organization, corporation, or other legal entity, but does not include the city.
PET. A domesticated animal kept for pleasure rather than utility.
ROAD. Any road or street, maintained or controlled by the city for public passage for vehicles within a park.
SPECIAL EVENT. A non-routine organized activity intended for more than 25 individuals to share a common purpose as a group.
TRUCK. A motor vehicle designed, used, or maintained primarily to transport property, with a carrying capacity exceeding 2,000 pounds.
VEHICLE. Every device in, upon, or by which any individual or property may be transported or drawn upon a road, except a device moved by human power.
WEAPON. Those objects defined as weapons or prohibited weapons in Tex. Penal Code, Ch. 46.
WILDLIFE. Living creatures that are neither human nor domesticated.
(Ord. 2024-10, passed 10-17-2024)
No person or organization shall use a park, or any area or facility therein, for any purpose other than for the purpose for which it was designed or designated. Any activity that will disrupt the normal purpose of the park is prohibited. Anyone seeking to use the park facilities for the purposes of video recordings and/or photography for profit is strictly prohibited without proper permission from the person designated by the Director of Maintenance and Operations.
(Ord. 2024-10, passed 10-17-2024)
No person shall enter into or remain within a park at any time other than during such time as the park is open to the public, as designated on the signage posted at or near the entrance of the park, or on the city's website, unless given prior written approval by a designated city official.
(Ord. 2024-10, passed 10-17-2024)
Rentals, concessions, food court and other adjacent fees for use of public parks and recreation facilities shall be assessed in a manner consistent with this chapter. The City Administrator or their designee may reduce or waive any fees, within reason. Said fees are established by the Tool City Council. Fees and charges are reviewed from time to time using the following methodology presented to the City Council for approval:
(A) Determine the service classification or cost recovery level;
(B) Determine the direct costs of providing the service; and
(C) Compare the current market rate or fee being charged for a similar service and adjust accordingly.
(Ord. 2024-10, passed 10-17-2024)
(A) A person engaging in or sponsoring a special event shall apply for a special event permit, after approval from the city and pay all fees as applicable. No fees shall be required under this chapter for the following:
(1) The Armed Forces of the United States of America, the military forces of the State of Texas, political municipalities in the State of Texas, and the Police and Fire Departments acting within the scope of their duties;
(2) Funeral procession proceeding by vehicle under the most reasonable route from a funeral home, place of worship, or residence to the place of service or place of interment;
(3) A peaceful demonstration at a fixed location which is not a park street, road or trail; or
(4) A park sidewalk procession which observes and complies with the traffic regulations and traffic control devices, using that portion of a sidewalk nearest the street, but at no time using more than one-half of the sidewalk.
(B) A person or organization desiring to hold a special event shall apply for a special event permit by filing it with the Parks Division, a written application upon a form provided for that purpose. Each application shall be accompanied by a non- refundable application fee in an amount determined from time to time by the City Council. An application for a permit for special events shall be made not less than 30 days prior to the date and time of the commencement of the special event. The city may waive the 30-day filing requirements for school functions or charitable fundraisers; however, in no case may an application for a permit be filed less than 15 days before the special event, unless approved by the City Administrator. The special event application must include:
(1) The name, home address and telephone number, office address and telephone number, date of birth, recognized state-issued identification, number of the promoter, the promoter, and any other persons responsible for the conduct of the special event;
(2) A description of the special event and requested date, location, and hours of operation;
(3) Route to be used for a parade, if applicable, including starting and termination locations;
(4) Proposed number, size, type, and location of structures to be used during the special event, including, but not limited to tents, fences, barricades, signs, banners and portable restroom facilities;
(5) The estimated number of persons participating in or expected to attend the special event;
(6) Request if there would need to be security provided by the City of Tool Police Department (if no request for security, applicants should supply information if they have security);
(7) The time and location of street closings, if any are requested;
(8) Details of the offering, merchandising, or serving of concessions or alcoholic beverages at the special event, designating any street vendors or peddlers involved, and whether or not a vendor permit has been obtained;
(9) Proof that the promoter possesses or is able to obtain all licenses and permits required by this code or other city ordinance or by state law for the conduct of the special event;
(10) If applicable, proof of notification signed by a majority of all of the households or businesses of the area affected by a block party; and
(11) Proof of insurance, (special events insurance, in some cases) as deemed appropriate by the city. When deemed appropriate, a certificate of insurance shall be submitted to the city listing the City of Tool as an additional insured.
(C) The issuance of a permit shall be subject to the applicant receiving city approval of the plans submitted to the city pursuant to this section, not less than 30 days before the start of the special event. The city assumes no liability or responsibility for the conduct of the special event merely by approving the plans submitted with an application for a special event as required by this section. The applicant must submit adequate information relative to facilities, fire and police protection, concession service, parking, medical service or sanitation needs, as requested by the city's designee for permitting. City staff shall determine whether the application and plans meet city safety and other requirements. An applicant may be requested to modify an application to meet the requirements of this section. Should any of the submitted plans fail to give, and after notice, the applicant is unable to provide for, adequate assurances that the plans will be implemented and carried out, the permit application may be denied.
(D) Upon receipt of an application for a special event, the Director of Maintenance and Operations shall forward a copy of the application to the city departments that may be affected by the special event or asked to provide support for the special event and shall issue its approval or denial of the application within 21 days of receipt.
(E) A requirement to obtain licenses and permits required by other city ordinances or applicable law, restrictions, regulations, requirement to pay the cost for city services, safeguards, and other conditions determined necessary by the Director of Maintenance and Operations for safe and orderly conduct of a special event may be incorporated as a condition for issuance of a permit for a special event.
(F) The city may deny a special event permit if:
(1) A special event permit has been granted for another special event at the same place and time or within two hours of commencement or conclusion of a previously permitted special event;
(2) The proposed special event will unreasonably disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available;
(3) The promoter fails to comply with, or the proposed special event will violate, a city ordinance or other applicable law, unless the prohibited conduct or activity would be allowed under this chapter;
(4) The promoter makes a false statement of material fact on an application for a special event permit;
(5) The promoter has had a special event permit revoked within the preceding 12 months or the applicant has committed two or more violations of a condition or provision of a special event permit or of this chapter within the preceding 12 months;
(6) The promoter fails to provide proof that the promoter possesses or is able to obtain a license or permit required by city ordinance or other applicable law for the conduct of all activities included as part of the special event;
(7) The promoter fails to pay any outstanding costs owed to the city for a past special event permit;
(8) The promoter fails to submit the required deposit (if charged) and agree in writing to reimburse the city for the estimated costs to be incurred by the city for the special event;
(9) The proposed special event would unduly burden city services; or
(10) The special event begins or ends outside the city limits, unless the promoter supplies proof of approval of any other affected governmental entity.
(G) If the city denies the issuance of a permit or revokes a permit, it may choose to send to the applicant in writing or via email of the denial or revocation and of the right to appeal. The applicant must appeal the decision in writing or via email to the City Administrator, not later than three days after receipt of the notice of denial or revocation. The City Administrator will present the appeal to the City Council at its next regularly scheduled meeting. The City Council shall consider all the evidence in support of or against the action appealed and render a decision either sustaining or reversing the denial or revocation. The decision of the City Council shall be final.
(Ord. 2024-10, passed 10-17-2024)
(A) No person shall operate a motorized vehicle within a park except on the designated roads or parking lots therein. An exception to this division shall be if the person with a mobility disability is operating a motorized wheelchair or other type of mobility devices and can show "credible assurance" by producing a state-issued, disability parking placard or card, or other state-issued proof of disability.
(B) No person shall operate a truck within a park, other then assigned, on-duty city vehicles.
(C) It shall be unlawful to ride a bicycle within or on:
(1) Any playground, special display area, pickleball court, athletic fields, pavilion or other monument type structure, or in any area where other activities are in progress; or
(2) Any area within a park designated by the Director of Maintenance and Operations or pursuant to other ordinances and posted with a sign stating "No Bicycles" or similar sign.
(D) No person shall operate a vehicle in a park at a speed in excess of the posted speed limit.
(E) This section does not apply to the operation of a city-owned or leased vehicle operated by a city employee while in the act of performing the employee's official duties.
(F) It shall be unlawful to operate or ride any non-motorized scooter, bicycle, inline skates, skateboard, or other recreational vehicle with wheels within 100 feet of any recreational field, regardless of whether on any paved or unpaved surface, during the hours of operation of the recreational field. The director shall designate the area within 100 feet of a recreational field by signs stating "pedestrians only, non-motorized scooters, bicycles, in-line skates, skateboards or other recreational vehicles prohibited during game or practice times" or other similar signs.
(G) No person shall cause a vehicle to be parked within a park, except in a designated parking area.
(H) The operation or placement of any vehicle through, around or beyond a restrictive sign, barricade, fence, or traffic control device is prohibited.
(I) No person shall cause a vehicle to remain within a park after-hours or in excess of 24 hours at any given time unless a designated parks representative is notified and approval is granted. Vehicles remaining within a park for which approval has not been granted will be towed at the owner's expense.
(Ord. 2024-10, passed 10-17-2024)
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