05-87 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 05-87
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS;
AMENDING ORDINANCE NO. 02-07; ESTABLISHING COMPREHENSIVE RULES AND
REGULATIONS REGARDING PARKS AND RECREATION; ESTABLISHING A PARKS &
RECREATION BOARD; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; 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 it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas ("Prosper") to
amend Ordinance No. 02-07; and
WHEREAS, the Town Council has further investigated and determined that it will be in the best interest of
the citizens of Prosper to establish comprehensive rules and regulations for parks and recreational activities and
facilities in Prosper; 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 Prosper and its inhabitants to adopt this Ordinance in order to provide for comprehensive rules and
regulations for parks and recreational activities 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 of Ordinance No. 02-07. Ordinance No. 02-07 previously established a Parks
& Recreation Board. Ordinance No. 02-07 is hereby amended in its entirety to read as set forth in Exhibit A.
SECTION 3: Establishment of Comprehensive Rules and Regulations for Parks and Recreational
Activities. Prosper hereby adopts the comprehensive rules and regulations governing parks and recreational
activities in Prosper as set forth in Exhibit A.
SECTION 4: 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 5: 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 6: 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 7: Effective Date. This Ordinance shall become effective upon its passage and publication as
required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on
this 13th day of December, 2005.
Charles Niswanger, Mayo
ATTESTED TO AND
CORRECTLY RECORDED BY:
Shanae Jennings, wn Secretary
DATE OF PUBLICATION: i.thit 5^ Ne /-�� fir, Dallas Morning News—Collin County Edition
Exhibit A
Comprehensive Parks Ordinance
Table of Contents
Section Title&Subsections Page
1 Definitions 1
�2 Establishment of Parks&Recreation Department 2
3 Director of Parks&Recreation Department 2
4 -Parks&Recreation Board 2
A—Establishment of Parks&Recreation Board 2
B—Number of Members 2
C—Term of Office 2
D-Vacancies 2
E—ChairNice Chair/Secretary/Quorum 3
F—Meetings 3
G—Removal from Office/Absences 3
H—Powers and Authority 3
5 General Provisions 4
A—Park Names 4
B—Park Hours 5
C—Community Center/Recreational Facility Hours 5
D—Swimming Pool 5
E—Swimming,Boating,and Fishing in Parks 5
F—Disrupting or Interfering with Supervised Play or Amusement Program Conducted by Parks& 6
Recreation Department;Expulsion from Park
G—Bicycle Riding in Parks and on Bike Trails 6
H—Overnight Camping 6 -
I—Fires 6
J—Unlawful to Damage Plants or Other Personal Property in Parks or on Other Recreational 6
Facilities
K—Unlawful to Possess or Break Glass or Glass Beverage Containers and Other Dangerous Objects 6
in Swimming Pools,Recreation Centers,and Other Park Areas
L—Unlawful to Allow Animals in/on Athletic Fields/Facility or in Concession/Restroom Areas 6
M—Request to Charge Admission to Prosper Owned or Controlled Facilities 7
N—Unlawful to Leave Child Under Age Seven(7)Unattended 7
0—Unlawful Sale of Goods,Food,Drinks,Confections,Merchandise or Services within Park 7
P—Firearms,Fireworks,etc... 7
Q—Authority to Prescribe Additional Rules and Regulations 7
R—Liability of Prosper 7
S—Use of Park Property for Operating Radio Controlled Model Vehicles 7
T—Alcoholic Beverages;Illegal Narcotics 8
U—Indoor Facilities 8
V—Outdoor Areas and Facilities 8
6 Rental and Usage Fees 9
7 Athletic Fields/Facility 9
A—Facilities Use Agreement 9
B—Athletic Field Usage 9
C—Prosper Sports Association 9
8 Traffic 10
A—Use of Vehicles 10
B—Traffic Signs 10
9 Enforcement 10
A—Enforcement 10
B—Expulsion from Parks 10
Town of Prosper
Comprehensive Parks Ordinance
1. Definitions
For the purpose of Phis 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
Department 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 Director to be used only for the purpose of
conducting league play or tournament play for Prosper sponsored or Prosper co-sponsored league play
athletic events,or Prosper authorized practices.
G. Indoor Facilities — indoor facilities owned, leased or otherwise controlled by the Parks & Recreation
Department 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 department
H. League —means an association or group of teams, recognized or sponsored by Prosper, 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 Department 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 department.
K. Park—is a park, reservation, playground, swimming 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 the parkway strips between curb and sidewalks along the
several streets and highways of Prosper.
L. Parks &Recreation Department or Parks &Recreation—means the Parks & Recreation Department of
Prosper.
M. Parks & Recreation Director or Director— means the Director of the Parks & Recreation Department 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.
Town of Prosper
Comprehensive Parks Ordinance
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 Department, 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 Department.
T. Town Administrator— means the Town Administrator of Prosper and/or his/her authorized agent and/or
representative.
U. Town co-sponsored league play athletic event—means an athletic event,which is authorized, organized
or scheduled with the assistance of the Prosper Parks&Recreation Department by a nonprofit organization.
V. Town sponsored league athletic event— means an athletic event which is authorized, organized or
scheduled in whole or in part by Prosper.
W. 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 Department
There is hereby created for Prosper the Department of Parks&Recreation.
3. Director of Parks&Recreation Department
The Town Administrator shall appoint the Parks & Recreation Director to serve at the pleasure of the Town
Administrator, and the Director shall have such duties and responsibilities as may, from time to time, be
delegated to him by the Town Administrator.
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 Prospers 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.
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Town of Prosper
Comprehensive Parks Ordinance
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 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 have its regular meeting on the third Thursday of 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 Administrator, as
requested, in matters relating to the Parks&Recreation Department.
2) Assist in informing citizens of policies and functions of the Parks&Recreation Department.
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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Town of Prosper
Comprehensive Parks Ordinance
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 Department. No supervisory power of the Board is created.
17) The Board will review the proposed budget for the Parks & Recreation Department 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.
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;
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Town of Prosper
Comprehensive Parks Ordinance
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 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.
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. No trot lines, throw lines, fish traps or nets shall be permitted. Fish may not be cleaned in any
park.The Parks &Recreation Department strongly encourages a"catch and release"policy to maintain
fish stock levels for the enjoyment of future park users.
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Town of Prosper
Comprehensive Parks Ordinance
4) This subsection shall not apply to any municipally owned or operated swimming pools or boat rental
operations.•A:=
F. Disrupting or interfering with supervised play or amusement program conducted by Parks &
Recreation Department; 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 Department 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, swimming pool, playground or park in or on any public property within
Prosper after being advised by the supervisor or center director of the Parks &Recreation Department
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
motorized 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 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 Department 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 inlon 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 of Parks Director.
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Town of Prosper
Comprehensive Parks Ordinance
M. Request to charge admission to Prosper owned or controlled facilities. A person must request to
charge admission to parks. The Parks & Recreation Department 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.
0. 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 Department.
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Town of Prosper
Comprehensive Parks Ordinance
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.
5), All persons flying remote controlled aircraft must restrict their use to the established flight zone as
established by the Parks&Recreation Department.
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.
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.
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Town of Prosper
Comprehensive Parks Ordinance
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.
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
at least fourteen(14)days prior to starting play on any Prosper athletic field/facility.
B. Athletic field usage.
1) It shall be unlawful to be on an athletic field except for the purpose of participating in league play or
tournament play in a Town sponsored or co-sponsored league athletic event being conducted in
accordance with a duly executed Facilities Use Agreement as set forth in subsection(a)above.
2) The Parks & Recreation Director is authorized to declare a closed field. Such fields shall have a sign
posted stating"Closed Field—No Trespassing—Up to$500.00 Maximum Fine for Each Violation", and
it shall be unlawful to violate this section unless the purpose for going upon the field is to maintain said
field.
3) The Parks &Recreation Director is authorized to designate game fields. Such fields shall have a sign
posted stating "Game Field—Restricted to Town Sponsored League Play or Town Co-Sponsored
Athletic Events Only—Up to $500.00 Maximum for Each Violation", and it shall be unlawful to violate
this section unless the purpose for participating in league play or tournament play in a Town sponsored
or co-sponsored league athletic event.
C. Prosper Sports Association. There has been established the Prosper Sports Association (PSA) which
was created for the purpose of interpreting the needs and interest of youth involved in community athletics
and also serving as consultants to the Parks & Recreation Department. The PSA, among other things,
coordinates the various local athletic organizations in connection with their use of Prosper Parks in
accordance with the PSA's By-Laws,as they currently exist or may be amended.
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Town of Prosper
Comprehensive Parks Ordinance
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 horse, motorcycle, motor scooter or any
other vehicle in or upon any indoor or outdoor facility,except on the designated roadway, parking areas
or equestrian trail.
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 owners
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:
A. Enforcement.
1) The Parks & Recreation Director and/or the Prosper Police Department 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 Department 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 Department, 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 Department, 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
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Town of Prosper
Comprehensive Parks Ordinance
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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