11-052 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 11.52
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS;
AMENDING ORDINANCE NO. 05-87 (COMPREHENSIVE PARKS ORDINANCE); PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and
determined that Ordinance No. 05-87 of the Town of Prosper, Texas("Prosper")should be amended; and
WHEREAS, the Prosper Parks & Recreation Board has reviewed the proposed ordinance and recommends
adoption of the same by the Town Council; and
WHEREAS, the Town Council found and determined that it will be advantageous, beneficial and in the
best interest of the citizens of Prosper to amend Ordinance No. 05-87 as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS:
SECTION 1: Findings. The findings set forth above are incorporated into the body of this Ordinance as if
fully set forth herein.
SECTION 2: Amendment to Ordinance No. 05-87. Ordinance No. 05-87 is hereby amended to read as
attached Exhibit"A"
SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are
hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain
in full force and effect.
SECTION 4: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for
any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. Prosper hereby declares that it would have passed this
Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional.
SECTION 5: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of FIVE HUNDRED DOLLARS ($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 TWO THOUSAND DOLLARS
($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper
retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 6: Effective Date. This Ordinance shall become effective on July 26, 2011.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON
THIS 26th DAY OF JULY, 2011.
APPROVED AS TO FORM:
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Ray Smit 4-17--)/-
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ATTESTED TO AND
CORRECTLY RECORDED BY:
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Amy Piukana own Secretary
1. Definitions
For the purpose of this Ordinance, the following terms, phrases, words and their derivation shall
have the meaning given below:
A. Aircraft— includes, but is not limited to, balloons, airplanes, para-planes, ultra-lights,
helicopters and gliders.
B. Athletic field/facility-- means a field or combination of fields designated by the Parks &
Recreation Division to facilitate games and/or practice activities.
C. Board— means the Prosper Parks & Recreation Board.
D. Closed Field— means a Playing Field or a Game Field owned or leased by Prosper that has
been closed for any use due to inclement weather or maintenance requirements by order of
the Director.
E. Community Park- means a park owned by Prosper that is typically between 30 to 100 acres
in size and that provides active and passive recreational activities for residents throughout
the community.
F. 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.
G. Indoor Facilities— indoor facilities owned, leased or otherwise controlled by the Parks &
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 &
Recreation Division.
H. League—means an association or group of teams that play one another.
I. Neighborhood Park— means a park owned by Prosper that is typically between 5 to 10
acres in size and that provides recreational opportunities primarily for residents in close
proximity to the park.
J. Outdoor Facilities— means outdoor facilities owned, leased or otherwise controlled by the
Parks & 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
& Recreation Division.
K. Park is a park, reservation, playground, s wimmin g pool, indoor facility, outdoor facility,
recreation center, field, athletic field, and any related facilities, or any other area in Prosper
owned, leased and/or used by Prosper, and devoted to active or passive recreation, including
all plated expressways, parkways, triangles and traffic circles maintained by Prosper, except
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the parkway strips between curb and sidewalks along the several streets and highways of
Prosper.
L. Parks & Recreation Division or Parks & Recreation— means the Parks & Recreation
Division of the Development Services Department of Prosper.
M. Parks & Recreation Director or Director— means the Director of the Parks & Recreation
Division of Prosper and/or his/her authorized agent and/or representative.
N. Person— means any person, firm, partnership, corporation, association, company or
organization of any kind.
0. Playing Field— means any portion of a park that is either owned or leased by Prosper 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
co-sponsored by Prosper.
P. Prosper— means the Town of Prosper, Texas.
Q. Public Property— means any property held for public use by and department or branch of
an independent school district, community college district or municipal government within
Prosper or the Town government.
R. Special Event— means any event, activity or program that operates wholly or partially within
Prosper which may require the use of or assistance from the Parks & Recreation Division,
Police Department, Fire Department, or any other public service department.
S. Supervised Play or Amusement Program - means any event, activity or program that may
be coordinated or controlled by the Parks & Recreation Division.
T. Tournament-A series of games that make up a single unit of competition, typically over one
or more days and are an invitational event.
1 U. Town Manager— means the Town Manager of Prosper and/or his/her authorized agent
and/or representative.
V. Town co-sponsored league play athletic event— means an athletic event, which is
authorized, organized or scheduled with the assistance of the Parks & Recreation Division by
a nonprofit organization.
W. Town sponsored league athletic event— means an athletic event which is authorized,
organized or scheduled in whole or in part by Prosper.
X. 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.
2. Establishment of Parks & Recreation Division
There is hereby created for Prosper the Division of Parks & Recreation of the Development
Services Department.
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3. Director of Parks & Recreation Division
The Town Manager shall appoint the Parks & Recreation Director to serve at the pleasure of
the Town Manager, and the Director shall have such duties and responsibilities as may, from
time to time, be delegated to him by the Town Manager.
4. Parks & Recreation Board
A. Establishment of Parks & Recreation Board. There is hereby created and established
within Prosper a Parks & Recreation Board which shall be subject to the jurisdiction of the
Town Council of Prosper and shall constitute an advisory board to the Town Council.
B. Number of Members. The Parks & Recreation Board shall be composed of seven (7)
members appointed by the Town Council. Each member of the Parks & Recreation Board
shall be a resident of Prosper; provided, however, two (2) of the seven (7) members are not
required to be a resident of Prosper, but must:
1) Be an owner of a business located within Prosper's town limits; or
2) Reside within Prosper's extraterritorial jurisdiction. The members shall serve at the
pleasure of the Town Council and may be removed at the discretion of the Town
Council.
C. Term of Office. The term of office of each member shall be two (2) years; provided,
however, at the time of appointment of the initial members of the Parks & Recreation Board,
the Town Council shall draw by lot to determine four (4) members who shall serve a one (1)
year term and three (3) members who shall serve a two (2) year term. The following year, the
Town Council shall appoint four (4) persons to serve a two (2) year term each. No member
shall serve longer than two (2) consecutive two-year terms.
D. Vacancies. When vacancies occur on the Parks & Recreation Board, the Town Council shall
appoint, by majority vote, a replacement to serve the remainder of that term.
E. ChairNice Chair/Secretary/Quorum. The Parks & Recreation Board shall have a Chair,
Vice-Chair and Secretary whose terms shall be one (1) year. The Chair and Vice-Chair shall
be nominated by a majority vote of the Parks & Recreation Board and appointed by the Town
Council. The Secretary shall be appointed by a majority vote of the Parks & Recreation
Board. Four (4) members of the Parks & Recreation Board shall constitute a quorum for
transaction of business.
1) The Chairman shall preside over meetings and shall be entitled to vote upon each
issue.
2) The Vice-Chair shall assist the Chairman in directing the affairs of the Parks &
Recreation Board. In the absence of the Chair, the Vice-Chair shall assume all duties
of the Chair.
3) The Secretary shall keep the minutes of all meetings and in the Secretary's absence,
the Chair shall designate another member to act as Secretary. The Secretary shall
submit a written report of all proceedings of the Parks & Recreation Board to the
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Town Council no more than three (3) weeks following each meeting. The Secretary
shall read, once a year at the first regular meeting following the appointment of
officers, the Parks & Recreation Ordinance. The Secretary may accept the assistance
of Prosper personnel in taking and transcribing minutes, when available, but shall sign
same officially before presenting same to the Parks & Recreation Board for approval.
4) The Director of Parks & Recreation, if appointed, shall be an ex officio member of the
Parks & Recreation Board, with the responsibility to participate in discussions but
without the right to vote.
F. Meetings. The Parks & Recreation Board shall meet each month and at such other times as
the Parks & Recreation Board, Town Council, and/or the Parks & Recreation Director deem
necessary and appropriate.
G. Removal From Office/Absences. The members shall serve at the pleasure of the Town
Council and may be removed at the discretion of the Town Council. In addition, any member
of the Parks & Recreation Board shall be removed for twice failing to attend a regularly
scheduled Parks & Recreation Board meeting without good cause during any one (1) year
during his/her term. For purposes of this attendance policy, a year shall begin on the date of
appointment to the Parks & Recreation Board. A member's failure to attend a meeting may
be excused for good cause upon his/her application for excused absence to the Town
Council of Prosper and the approval by the Town Council by majority vote of the members
present and voting.
H. Powers and Authority. The Board shall have the following powers and perform the following
duties:
1) Provide advice and counsel to the Parks & Recreation Director and the Town
Manager, as requested, in matters relating to the Parks & Recreation Division.
2) Assist in informing citizens of policies and functions of the Parks & Recreation
Division.
3) Assist in the promotion of park-related bond programs and to encourage donations of
land, equipment and resources in support of Parks & Recreation activities.
4) The Board shall act principally in an advisory capacity to the Prosper Town staff and
the Town Council in all matters pertaining to Parks & Recreation, shall acquaint itself
with and make a continuous study and review of the complete Parks & Recreation
services of Prosper; and shall advise with the staff and Town Council from time to
time as to the present and future maintenance, operation, planning, acquisition,
development, enlargement, and use policies of Prosper Park and Recreation
services.
5) The Board shall study and encourage the development of Parks & Recreation areas
and study and encourage the development of wholesome recreation for all residents
of Prosper.
6) The Board shall advise with the Parks & Recreation Director on problems of
development of areas, facilities, programs, and improved recreation services.
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7) The Board shall recommend the adoption of standards on areas, facilities, programs
and financial support.
8) The members of the Board shall study and review the master planning guide for Parks
& Recreation and become familiar with such plan and its relation to existing and
proposed facilities and shall become aware of any revision or updating thereof.
9) The Board shall advise and recommend to the Parks & Recreation Director on the
development of long range capital improvement programs and, when in its opinion,
the need exists for additional park and recreational facilities, grounds, or premises, it
shall make appropriate recommendations to the Town Council. It shall also
recommend the acquisition of additional parks, park and recreational equipment, and
supplies.
10) The Board shall develop for Town Council review the rules and regulations as may be
prescribed by the Town Council for the conduct of its business.
11) The Board shall develop for Town Council review rules and regulations and policies
governing the use of park and recreational facilities.
12) The Board shall make any other recommendations to the Town Council regarding
park and recreation matters that it considers advisable.
13) The Board may solicit for the Town gifts, revenues, bequests, or endowments of
money or property as donations or grants from persons, firms or corporations, subject
to the guidance, approval, and acceptance by the Town Council.
14) The Board may, from time to time, recommend to the Town Council amendments or
changes to this Ordinance.
15) The Board, through its Chairman, shall make both an oral and written report annually
to the Town Council concerning its activities during the past year and its proposals for
the coming year.
16) The Board's authority shall not extend to the direction, supervision, employment, or
termination of employees of the Parks & Recreation Division. No supervisory power of
the Board is created.
17) The Board will review the proposed budget for the Parks & Recreation Division and
make any recommendations to the Town Council it deems necessary. However, the
Board is not authorized to add, delete or change in any way the budget as prepared
by the Parks & Recreation staff.
18) The Board shall not have the power to obligate Prosper for any funds or expenditures
or incur any debt on behalf of Prosper.
19) All powers and duties prescribed and delegated herein are delegated to the Board as
a unit and all action hereunder shall be of the Board acting as a whole. No action of
an individual member is authorized except through the Board or Town Council.
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5. General Provisions
Prosper hereby adopts the following general provisions:
A. Park Names. It is appropriate to name or rename certain Prosper parks in honor and
recognition of several outstanding individuals who served the community well, and it is further
appropriate to name other Prosper parks with a geographical name. Park names should be
familiar to the majority of citizens, easy to recall, unique and lasting. Parks shall be named:
1) By outstanding and/or predominate 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 fifty percent
(50%) or more of the total cost of acquisition (excluding required park
dedication) and development of facilities are donated to Prosper; or
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 Prosper and/or the Parks
& Recreation system, or the person should be known for some other
significant accomplishment.
B. Park Hours.
1) Hours of general neighborhood park use shall normally be from thirty (30) minutes
before sunrise to thirty (30) minutes after sunset. Hours of general community park or
game or playing field use shall normally be from thirty (30) minutes before sunrise to
10:00 PM. 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 & Recreation Director.
2) 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 PM and ending thirty (30) minutes before sunrise, except as
authorized by the Parks & Recreation Director. It is a defense to prosecution under
this subsection that the person was: (1) driving a vehicle on an interior park roadway
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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 & Recreation Director; or (3) attending a special event during
different hours for a park specifically designated by a Prosper ordinance.
C. Community Center/Recreational Facility Hours. It shall be unlawful for any person, other
than Prosper authorized personnel and staff or those who have received written approval
from Parks Director, to enter upon the premises of any Prosper community center building
and/or recreational facility other than during the hours the facility is officially open.
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D. Swimming Pool. It shall be unlawful for any person, other than Prosper authorized
personnel and staff or those who have received written approval from Parks Director, to enter
upon the premises of any Prosper swimming pool other than during the hours the facility is
officially open.
E. Swimming, boating and fishing in parks.
1) 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 Prosper 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 Prosper unless such activity(ies) is/are specifically authorized and
permitted by the Parks & Recreation Director and/or any other regulation and policy.
2) Electric or gas powered motorboats are unlawful on all water bodies except by
approval from the Parks & Recreation Director.
3) 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
& Recreation Division strongly encourages a "catch and release" policy to maintain
fish stock levels for the enjoyment of future park users.
4) This subsection shall not apply to any municipally owned or operated swimming pools
or boat rental operations.
F. Disrupting or interfering with supervised play or amusement program conducted by
Parks & Recreation Division; expulsion from park. 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 & Recreation Division in any building,
swimming pool, playground or park located in or on any public property within
Prosper.
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, pool, playground or park in or on any public
Y 9. swimming p p Y9
property
within Prosper after r being advised by the supervisor or center director of the
Parks & Recreation Division to leave such building, swimming pool, playground or
park located in or on any public property within Prosper.
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.
G. Bicycle riding & skating in parks and on bike trails. Bicycle riding and skating shall
include peddled and bicycles of one, two, or more wheels, both push type or motorized
scooters, roller skates, in-line skates, in-shoe skates, skate boards, or any similar vehicle or
apparatus. Bicycle riding and skating shall be governed by safe riding/skating practices and
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consideration for use of Parks by others. Where special parking provisions have been made
for bicycles, parking shall be limited to that area. Bicycle riding and skating shall be prohibited
in playgrounds, flowerbeds, pedestrian-only sidewalks, tennis courts, athletic courts, picnic
pavilions and/or any other areas designated by Prosper.
H. Overnight camping. Overnight camping shall be unlawful except by special permit issued by
the Parks & 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.
I. Fires. Fires shall be permitted only in enclosed fireplaces or grills provided for this purpose,
except with written permission of the Prosper Fire Chief, or his/her authorized agent and/or
representative, and the Parks & 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.
J. Unlawful to damage plants or other personal property in parks or on other recreational
facilities. 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 & Recreation Director.
K. Unlawful to possess or break glass or glass beverage containers and other dangerous
objects in swimming pools, recreation centers, and other park areas. 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.
L. Unlawful to allow animals in/on athletic fields/facility or in concession/restroom areas.
It shall be unlawful to allow animals, of any type, on any athletic field/facility or in
concession/restroom areas within any Park area, unless other directions are posted or upon
written approval from the Parks and Recreation Director.
M. Request to charge admission to Prosper owned or controlled facilities. A person must
request to charge admission to parks. The Parks & Recreation Division may approve
requests on the part of individuals or groups utilizing Parks to:
1) Charge admission to Prosper 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 Ordinance; or
4) Deny admission to persons who refuse to pay the approved admission charges, or
any combination of the above.
N. Unlawful to leave child under age seven (7) unattended. 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 (7) years of age) in any Park or other recreational
facility, except for a supervised program or activity.
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O. Unlawful sale of goods, food, drinks, confections, merchandise or services within
park. 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 three-hundred (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 &
Recreation Director.
P. Firearms, fireworks, etc.
1) It shall be unlawful for any person to carry a concealed handgun, as that term is
defined in Prosper Ordinance No. 93-12-01, as it currently exists or may be amended,
in a Park, except those persons who are duly licensed by the State of Texas to carry a
concealed handgun in accordance with the provisions of Chapter 411, Texas
Government Code, as it currently exists or may be amended.
2) It shall be unlawful for any person to carry or discharge firearms (unless permitted
under subsection (1) of this section), 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 & Recreation Director and Prosper's Fire Chief, or his/her
authorized agent and/or representative.
Q. Authority to prescribe additional rules and regulations. The Town Council shall have the
right, power and authority by resolution, ordinance or otherwise to prescribe additional
reasonable rules and regulations or appeal regulations for the maintenance and operation of
Parks.
R. Liability of Prosper. Prosper 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.
S. Use of Park property for operating radio controlled model vehicles.
1) 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 & Recreation Director.
2) 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 & Recreation
Director.
3) The model aircraft user will be responsible for furnishing an annual list of members of
any club or chapter to the Parks & Recreation Division.
4) 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.
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5) All persons flying remote controlled aircraft must restrict their use to the established
flight zone as established by the Parks & Recreation Division.
6) All model aircraft users shall furnish proof of liability insurance acceptable to Prosper
naming Prosper, its Council Members, officers, agents, representatives and
employees, as co-insured, with a minimum amount of$2,500,000.00 per occurrence.
7) 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 aircraft.
8) 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.
T. Alcoholic beverages. 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 Prosper, unless upon written approval from Parks Director.
U. Indoor facilities. 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 Prosper:
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 Prosper 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 non-
motorized vehicles and any other type of recreational or non-recreational product that
may destroy the surfaces of tennis courts or any other type of painted concrete or
laminate surfaces.
V. Outdoor areas and facilities. 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 Prosper:
1) To loiter within twenty-five (25) feet of a public restroom and for any person or
persons over the age of eight (8) 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 & 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 & Recreation Director.
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5) To violate Prosper 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 non-
motorized vehicles and any other type of recreational or non-recreational 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 & 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.
6. Rental and Usage Fees
A. Fees. The Prosper Town Council shall hereby adopt fees for the rental and/or usage of Town
fields, facilities, and/or equipment. These fees are established in Prosper Fee Ordinance No:
02-33, as it exists or may be amended.
B. Purpose. This article is hereby adopted to serve as a guide for the comprehensive and
effective usage of indoor and outdoor athletic facilities owned, leased, scheduled, or
otherwise controlled by the Town.
C. Intent. It is the intent of this article to provide a basis for establishing the following objectives:
1) A method of communicating the available inventory of allocatable athletic facilities to
qualified requesters for usage of such facilities;
2) Disciplined method of communicating the forecasted and immediate facility needs
from users of facilities to the appropriate department within the Town administration;
3) The implementation of a system of facilities allocation producing results most
beneficial to the total Town; and
4) A program for continuously improving the utilization of existing facilities to the
betterment of the total Town.
D. Traffic Control. Traffic pattern, parking and no-parking zones and no-loitering areas, among
any other areas, may be designated in the vicinity of special civic, recreational and sporting
events for safety and crowd control by the Parks & Recreation Director in coordination with
Prosper's police and fire departments.
7. Athletic Fields/Facility
Prosper hereby adopts the following rules and regulations regarding athletic fields/facility:
A. Facilities use agreement. Every person/association desiring to use any Prosper athletic
field/facility will be required to sign a Facilities Use Agreement, in the form provided by
Prosper, outlining, among other things, the duties and responsibilities of both the
person/association and Prosper. This agreement must be signed prior to starting play on any
Prosper athletic field/facility.
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B. Athletic field usage.
1) It shall be unlawful to be on a designated game or practice athletic field prior to
receiving approval from the Town Parks and Recreation Division.
2) The Parks & Recreation Director is authorized to declare a closed field. Such fields
shall have a sign posted stating field closed. Those found in violation of the
ordinance are subject to a $500.00 maximum fine for each violation.
3) The Parks & Recreation Director is authorized to designate game fields. Such fields
shall have a sign posted stating field closed, outside of periods when the field is
approved by the Parks and Recreation Director for games. Those found in violation
of the ordinance are subject to a $500.00 maximum fine for each violation.
C. Recognition of Athletic Leagues. The Town of Prosper reserves the right to formally
recognize and give preference to individual athletic leagues to serve the Town's athletic
recreation needs. Leagues requesting formal recognition shall submit a formal request to the
Parks and Recreation Board for a recommendation to the Town Council. Approved leagues
will be recognized by the Town Council in the form of an adopted resolution. The Town
reserves the right to remove any league from its preferential status at any time without cause.
D. Prosper Sports Committee. There is hereby created and established within Prosper a
Prosper Sports Committee (PSC).
1) Purpose —The purpose of the Prosper Sports Committee is to interpret the needs
and interest of youth and adult in the community athletics as it specifically relates to
the scheduling of athletic fields.
The Prosper Sports Committee shall have no authority, either expressed or implied,
to commit Town resources or funds, use of any athletic fields, concession facilities,
or other Town property to any group or individuals.
2) Number of Members - The Prosper Sports Committee shall be comprised of
a maximum of one (1) Town Council member, one (1) Parks and Recreation Board
member, the Town Parks and Recreation Director, and one (1) member of each
athletic organization recognized by the Town Council by resolution. In the case
where the Committee is comprised of an even number of members, one (1)
additional Parks and Recreation Board member will fill a seat on the Committee until
an odd number of members are created by the recognition of an additional athletic
organization.
3) Term of Office —The term of each Prosper Sports Committee member shall be one
(1) year with no term limits.
4) Chair/Vice-Chair/ Secretary—
a) Chair—The Parks and Recreation Board member shall serve as the Chair of
the Board. The Chair shall preside over meetings, call meetings, and vote on
matters brought before the Board.
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b) The Vice-Chair shall be elected by the Board and shall assume to duties of
the Chair in the absence or in the inability of the Chair to act.
c) The Secretary, to be elected by the Board and shall keep the minutes of all
meetings.
5) Quorum —A quorum of the Committee will consist of over one-half (50%) of the total
members.
6) Meetings—The Prosper Sports Committee will meet at such times deemed
necessary by the Committee Chair.
7) Powers and Duties— It shall be the duty of the Prosper Sports Committee to make
determinations regarding disputes related to the scheduling of games and practices
on Town operated facilities. The powers of the Committee are limited to the
scheduling of games and practices, and shall not have authority over game and
practice field designations as defined in Section 1.
8. Traffic
Prosper hereby adopts the following general traffic provisions:
A. Use of vehicles.
1) 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 twenty (20) miles per hour
unless otherwise posted.
2) 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.
3) No vehicle may be parked overnight, except Prosper Town vehicles, other authorized
vehicles or with written approval of the Parks & Recreation Director. Vehicles in
violation may be towed at the owner's expense.
B. 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 &
Recreation Director.
9. Enforcement
Prosper hereby adopts the following rules and regulations regarding the enforcement of this
Ordinance:
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A. Enforcement.
1) The Parks & Recreation Director and/or the Prosper Police Division shall, in
connection with their duties, diligently enforce the provisions of this Ordinance, as it
exists or may be amended, or any other ordinances applicable to Parks & Recreation
usage, as it/they exist or may be amended.
2) The Parks & 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
Ordinance, as it exists or may be amended, or any other ordinances applicable to
Parks & Recreation usage, as it/they exist or may be amended.
B. Expulsion from parks.
1) Any person charged with violating any rule or regulation of the Parks & Recreation
Division, this Ordinance, as it exists or may be amended, any other ordinances
applicable to Parks & 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 & 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 & 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 & Recreation
Director shall direct, but shall not exceed ninety (90) days.
2) The person expelled from a Park may appeal, in writing, the decision of the Parks &
Recreation Director to the Board provided the appeal is made within ten (10) days of
the decision of the Parks & Recreation Director. The Board shall hear the appeal at its
next regularly scheduled meeting, if reasonably possible. The Board's ruling shall be
final.
3) Any person may be immediately expelled from any Park should he/she violate any
rule or regulation of the Parks & Recreation Division, this Ordinance, as it exists or
may be amended, any other ordinances applicable to Parks & 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.
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THE STATE OF TEXAS
A PORTION OF COLLIN COUNTY
A PORTION OF DENTON COUNTY
CERTIFICATION
I, Amy Piukana, Town Secretary for the Town of Prosper, a municipal
corporation, Collin & Denton County, Texas, in the performance of the
functions of my office, do hereby certify that the attached Town Ordinance
No. 11-52 is a true and exact copy of the amended Parks & Recreation
Ordinance approved July 26, 2011, by the Prosper Town Council, as the
same appears of record in the Town Secretary's office, and that I am the
lawful possessor and have legal custody of said record.
WITNESS MY HAND AND SEAL OF SAID CITY on this 5th day of
September, 2012.
`■®,N OF Po'6io' Amy Piuka,a, RMC
®•�O�• •;S?o % Town Secretary
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