HomeMy WebLinkAbout2022-O-14 - Chapter 97 Municipal Parks, Facilities, and Cemeteries ORDINANCE NO. 2022-0-14
AN ORDINANCE OF THE CITY OF STEPHENVILLE CREATING CHAPTER 97 OF THE CITY OF STEPHENVILLE
CODE OF ORDINANCES TO BE TITLED "MUNICIPAL PARKS, FACILITIES, AND CEMETERIES" AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Parks and Leisure Services Department worked with the Parks and Recreation
Advisory Board to present for consideration rules and regulations to ensure the enjoyment and safety of
all city parks,facilities, and cemeteries; and
WHEREAS, the City Council of the City of Stephenville wishes to formally establish rules and
regulations for the operation and use of city parkland,facilities, and cemeteries.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,
TEXAS:
SECTION 1.
The Code of Ordinances of the City of Stephenville is hereby amended by the addition of the following:
TITLE 9-GENERAL REGULATIONS
CHAPTER 97- MUNICIPAL PARKS, FACILITIES,AND CEMETERIES
ARTICLE I—GENERAL PROVISIONS
Sec. 97.01 Definitions
For the purposes of this chapter,the following words,terms and phrases shall have the meaning ascribed
to them except where the context clearly indicates a different meaning:
City Parks. All parks inside the limits of the City of Stephenville that have been dedicated to the public, or
leased by the City of Stephenville, including all such parks that are subsequently annexed into the city's
corporate limits.This includes both developed and undeveloped lands.
Bosque River Trail. Walking and biking trail system located along the Bosque River.
Splashville. City-owned waterpark.
Recreation Facilities. City-owned facilities such as pavilions, Recreation Center, Senior Center, gazebos,
etc.
Municipal Cemeteries. West End Cemetery, East Memorial Cemetery, and Mount Olive Cemetery.
Department.The City of Stephenville Parks and Leisure Services Department.
Director.The Director of the Parks and Leisure Services Department or his/her designee.
Cemetery Supervisor. Person assigned to oversee the operations of all municipal cemeteries.
Parks and Recreation Advisory Board. An advisory board, appointed by the City Council, to advise the
Council on policy matters affecting the city's parks and recreation facilities.
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Chapter 97—Municipal Parks,Facilities,and Cemeteries
Community Event. An event in the City that is open to the public in general and that enjoys widespread
support from the citizens of Stephenville and surrounding areas.
Special Event. Any community event requiring a permit or involving a road closure, sale of goods or
services, or charging of admissions.
Commercial Activity—An event held by any person, group, or organization, that makes or attempts to
make profit,vend a service or product, receive money, or obtain goods or services as compensation from
participants in activities occurring on public parkland owned and operated by the City of Stephenville, to
include nonprofit training or fundraising activities, outdoor revenue generating programs, and
educational groups that receive money from participants.
1. Fundraising Activity— a program created to seek financial support for a charity, institution, or
other enterprise.
2. Indoor/Outdoor Revenue Generating Program- Activities/events held three or more times a
month that charge a fee to generate revenue. (Ex.Sports association, Exercise training programs,
etc.)
3. Educational Program- Program or activity to enrich educational opportunities. Can be fee based
or free of charge to participants.
4. Sports Associations, Organizations or Foundations — any outside organized non-profit sports
program not operated and staffed by the City of Stephenville.
Commercial Use Permit — written authorization from the Parks and Leisure Services Director to the
applicant conducting organized educational/leisure classes at designated park sites that charge a fee to
participants who desire to attend or participate in the commercial activity whether it is for profit or
fundraising.
Sections 97.02-97.09 Reserved for future use
ARTICLE II. PARKS
Section 97.10 Public Park Hours of Operation
(A) All public parks owned, leased, and/or managed by the city , except parkland listed in Section
130.05 of this Code, shall be closed between the hours of 11:00 p.m. and 5:00 a.m. It shall be
unlawful for any person or persons to remain or be found in any area or facility outside of the
designated hours that said area or facility is open to the public.
(B) This section shall not apply to the following parks and recreation sponsored/sanctioned functions:
1. Parks and recreation community events, sanctioned athletic events, leagues or tournaments.
2. Any activity properly permitted through the office of the Director of Parks and Leisure
Services.
3. Permitted camping at City of Stephenville RV Park.
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Chapter 97—Municipal Parks, Facilities, and Cemeteries
Section 97.11 Applicability of Local,State, and Federal Laws
(A) All terms and provisions of the Texas Water Safety Act shall be applicable to Stephenville City Park,
the Bosque River Trail, and, where applicable, to other parkland owned or leased by the City of
Stephenville.
(B) All rules and regulations promulgated by the Texas Parks and Wildlife Department pursuant to the
Texas Water Safety Act shall be applicable to Stephenville City Park,the Bosque River Trail,and,where
applicable,to parkland owned or leased by the City of Stephenville.
(C) All applicable rules and regulations of the U.S. Army Corps of Engineers including Title 36, Code of
Federal Regulations Chapter 111, Part 327, and any amendments or revisions thereto shall be
applicable to all parklands owned or leased by the City of Stephenville.
Section 97.12 General Regulations
(A) Children under ten(10)years of age must be accompanied by a parent, legal guardian, or person over
the age of eighteen (18) years who is in a designated role of responsible care while using municipal
parks or facilities.
(B) Overnight camping in the City RV Park by persons under eighteen (18) years of age may not occur
unless the individual is accompanied by parent, legal guardian, or as part of an approved, permitted
group.
(C) No person shall modify the natural conditions of topography and terrain of parkland owned by the
City of Stephenville by excavating, filling, dredging, or any other means unless the city has issued a
license authorizing such modification.
(D) The city shall have the right to revoke, suspend,or refuse to reissue the permit of any individual upon
the violation of rules, contract terms, regulations, standards or ordinances of the city, United States,
State of Texas, or other local government entity.
(E) No person in any park shall operate a motor-driven model airplane or drone, shoot a bow and arrow,
discharge firearms, or hit golf balls except in an area designated for that purpose by the director.
(F) Weapons shall not be discharged in any city parkland unless approved by The Director and allowed by
state law.
Section 97.13 Vehicle and traffic laws
(A) Traffic Regulations. All applicable state and local vehicle and traffic laws and ordinances shall be in
full force and effect in all parks.
(B) Speed Limit. The speed limit in all parkland shall not exceed 10 MPH.
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Chapter 97—Municipal Parks, Facilities,and Cemeteries
,_ (C) Direction of traffic. All law enforcement officers shall have the authority to limit traffic as needed in
any park in order to control pedestrian and vehicular movement and park capacity in accordance with
the provisions of this chapter or any other applicable laws and ordinances.
(D) Special provisions applicable to motorcycles, motor scooters, minibikes, electric bikes and
electronic vehicles.The director may, in reasonable discretion and through park rules and regulations,
set aside or designate areas, paths, trails, or roads in a park where operating motorcycles, motor
scooters, minibikes, electric bikes and electronic vehicles shall be allowed. Motorcycles, motor
scooters, minibikes, electronic bikes and electronic vehicles are prohibited on the Bosque River Trail.
(E) Operating or parking vehicles
a. No person shall operate or park a vehicle over, through, or on any park ground except along or
upon park roadways and designated parking areas as set forth in park rules and regulations.
b. No person shall operate a non-city vehicle on city parkland between the hours of 11:00 p.m. and
5:00 a.m., except as provided in Section 130.05 of this Code, and except for emergency or law
enforcement purposes or in conjunction with special activities permitted by the director.
c. No person shall park or place an inoperable motor vehicle or allow an inoperable motor vehicle
to remain on city parkland for a period of more than twenty-four(24)continuous hours.Violators
will be towed at owner's expense.
— Section 97.14 Buildings and Other Property
No person, in any city park, shall do or cause to be done any of the following without first obtaining a
permit from the director:
(A) Mark, deface, injure, displace, remove, or tamper with any park property or any park grounds.
(B) Construct or erect any building or structure of any kind, whether permanent or temporary.
(C) Store or stockpile any equipment, material, or product on park property, or within any structure or
compound located in a park.
(D) Cut,gather, or remove trees or parts of trees from any park without written approval of the director.
(E) Construct, place, or operate any pier, bulkhead, wharf, boathouse, dock, barge, building, boat ship,
boat stall, fixture, or other structure or facility of any kind or character upon, in, or over the portion
of the Stephenville City Park and Bosque River Trail where river water is present, or other applicable
parkland, unless a permit or other appropriate written agreement has been issued by the director.
(F) Construct or place any structure, including, but not limited to, roads, trails, signs, or landscape
features,of any kind under,upon,in,or over any parkland owned or leased by the City,unless a permit
or other appropriate written agreement has been issued by the director.
(G) Items (E) and (F) above shall not apply to bulkheads, rip rap or soil conservation measures, or other
—
facilities constructed by or on behalf of the city or USACOE (United States Army Corps of Engineers)
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Chapter 97—Municipal Parks, Facilities,and Cemeteries
Section 97.15 Sanitation
No person in any park or facility shall:
(A) Throw,discharge or otherwise place or cause to be placed in the waters of any fountain, pond,stream
or other body of water in or adjacent to any park,any substance, matter of thing, liquid or solid,which
will or may result in the pollution of said waters.
(B) Dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste,
garbage or refuse,or other trash.
(C) Spill, pump, or otherwise discharge contaminants, pollutants, or other wastes, including, but not
limited to, human or animal waste, petroleum, industrial or commercial products or by-products.
(D) The owners and/or operators of all commercial ventures and operations shall provide on-site facilities
satisfactory to the city for the collection of all trash, rubbish, and other forms of waste.
Section 97.16 Swimming
No person in any park,with the exception of Splashville, shall:
(A) Swim, bathe,or wade in any water or waterway in or adjacent to any park,except in designated areas
in accordance with the terms of this chapter and the regulations.
(B) Swim, bathe,or wade except during those hours established for such activities.
(C) Dive or jump from bridges or other structures which cross park waters or Bosque River Trail.
Section 97.17 Boating
(A) No person shall bring into or operate any vessel upon any park waters.
(B) The use of waters considered to be state waters that lay within or adjacent to city parks shall be
subject to the Texas Water Safety Act,Texas Parks and Wild. Code Ann. §§ 31.001-31.142.
(C) No person shall leave any private vessel unattended on city parkland,the Bosque River Trail, or in the
portion of the Bosque River regulated by the city.
Section 97.18 Camping
(A) No person shall camp overnight in a park or on the Bosque River Trail without first obtaining written
permission from the director or his/her designee. Camping will only be allowed in designated areas.
(B) Campers, picnickers, and all other persons shall keep their sites free of trash and litter during the
period of occupancy and shall remove all personal equipment and clean their sites upon departure.
(C) No person shall place camping equipment or other items on a campsite, nor physically occupy a
campsite-overnight without payment of appropriate fees. No person shall place another person,
equipment,or other items at a campsite for the purpose of reserving a campsite for future occupancy.
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,_ (D) No person shall alter any campsite, dig or level any ground, nor construct any structure without
written permission from the director.
Section 97.19 Fires
No person in any City Park or parkland shall:
(A) Start or maintain any outdoor fire except for cooking fires. Such fires shall be started and maintained
only in a stove, fireplace, barbecue pit,fire ring, or portable camp stove.
(B) Leave any fire started or maintained unattended without first completely extinguishing the fire.
(C) Gather or remove firewood for use on or removal from any park.
(D) Burn any material that produces toxic fumes, including but not limited to tires, plastic, or treated
wood products.
(E) Carry onto or store gasoline or other fuels, except that which is contained in storage s tanks of
vehicles,vessels, camping equipment, or hand portable containers designed for such purpose.
Section 97.20 Animals.
(A) General Regulations
1. No person shall abandon any animal in any park.
2. Dogs are not allowed on playing fields or spectator areas of athletic fields. Dogs specially trained
to assist the disabled may be on the fields to assist their owner during programs designed for
the disabled.
3. Animals and pets, except properly trained animals assisting the disabled, are prohibited in
sanitary facilities such as restrooms or locker rooms.
4. Persons bringing or allowing pets in parks areas shall be responsible for proper removal and
disposal of waste produced by those animals.
5. All animals and pets are prohibited in Splashville, except at special events permitted by the
Director.
6. Riding horses or other animals is only allowed in areas, or on paths or trails designated by park
rules and regulations. Any animal ridden in a park shall be properly restrained, ridden with due
care, and shall not be allowed to go unattended. Horses, ponies, donkeys, or mules shall have
successfully passed a Coggins test prior to using any park areas, paths or trails.
7. No person shall bring or allow wild or domestic animals, reptiles, bird, fish, horses, cattle or
other livestock on parkland owned or leased by the City of Stephenville except in areas
— designated by the director.
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Chapter 97—Municipal Parks, Facilities,and Cemeteries
8. Ranging, grazing, watering, or allowing livestock on parkland owned by the City of Stephenville
is prohibited except when authorized by lease or license.
9. No person shall,without first obtaining permission from the director:
i. Capture, attempt to capture, hunt, molest, injure, trap or administer or set out any trap
or harmful substance for any wild or domestic animal, reptile or bird; or
ii. Remove or have in possession the young, eggs, or nest of any animal, reptile, or bird.
(B) Animals prohibited in parks during activities
1. Animals, except for dogs, are prohibited in any of the parks located within the city limits during
any organized special event.
2. For purposes of this section, an organized activity includes any city-sponsored activity or event,
including, but not limited to,festivals, shows, or athletic events.
3. Exceptions:
a. Display of animals for viewing, petting zoos, or similar activities is allowed with the permission
of the director.
b. Canine assistance for the disabled.
_ Section 97.21 Merchandising,Advertising,Signs, Commercial Use
No person in any park shall:
(A) Expose or offer for sale or hire any article, thing, or service, nor station or place any stand, cart, or
vehicle for the transportation,sale,or display of any article,thing,or service unless written permission
has been obtained from the director.
(B) Announce, advertise, or call the public's attention in any way to any article, thing, or service for sale
or hire unless written permission has been obtained from the director.
(C) Paste,glue,tack,or otherwise place any sign, placard,advertisement,or inscription on park property,
nor erect or cause to be erected any sign on any public lands, highways, or roads adjacent to a park,
unless written permission has been obtained from the director.
(D) Provide and/or sell any food- or drink-based product to the public for free or for a fee without the
provider and/or dispenser obtaining written permission from the director and having obtained all
applicable health code licenses and permits.
(E) Construct, operate, or otherwise engage in any retail or wholesale sales or commercial operation
unless the city has granted a license and/or sublease for such operation.
(F) Commercial use of public parkland is not authorized without approval from the City of Stephenville.
Individuals or entities engaged with the provision and sale of goods and/or services on City of
-- Stephenville parkland will be required to provide all necessary documentation provided by the Parks
and Recreation division of the Parks and Leisure Services Department. Upon the completion of all
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Chapter 97—Municipal Parks, Facilities,and Cemeteries
required documentation, it is the City of Stephenville's sole discretion to approve or deny the
application.
(G) Exceptions: Any exceptions to the requirements of this section are authorized only by council
approval. Upon approval, the person or organization must show and have all proper insurance and
permits pertaining to their event or organization
Section 97.22-Interference with users
(A) No person shall prevent,disturb,or unreasonably interfere with any other persons occupying any area
or participating in any lawful activity permitted within any City Park.
(B) No person shall act in a boisterous, rowdy, disorderly manner or otherwise disturb the peace in any
city park.
(C) No person shall disrobe in public or display public nudity in any city park in accordance with State Law.
(D) No person shall use or operate rollerblades, skates, scooters, or skateboards in and/or around
concession areas, spectator seating, parking lots, and adjacent walkways during athletic events,
concerts or special events.
(E) No person shall make any use of any tobacco product (including e-cigarettes) within one hundred
(100) feet of the boundaries of youth athletic fields or concessions facilities, or at organized events.
Section 97.23 Permits
(A) Event Permit Required. In addition to any other provision of this chapter that requires obtaining a
permit prior to engaging in a given activity, no person in any City Park shall conduct,operate, present,
manage, or take part in any of the following activities unless written permission has been obtained
from the director prior to the start of the activity:
1. Any organized sporting event using park ballgame facilities that are designated for permit use
only;
2. Any exhibit, dramatic performance, play, motion picture, radio or television broadcast, fair,
circus, carnival, musical event, or any similar event;
3. Any public meeting,assembly, parade,ceremony,address,speech, political meeting,or other
gathering composed of one hundred (100) or more persons;
4. Any use of any park facility by a group of persons to the exclusion of others;
5. Any use involving amplified sound;
6. Any use involving firearms or guns; or
7. Any use of parks and recreation facilities in violation of park hours of operation.
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Chapter 97—Municipal Parks, Facilities,and Cemeteries
_ (B) Permit application procedure
1. A person seeking the issuance of a permit to conduct an activity in a park shall file an
application with the director or his/her designee.The application shall state:
a. The name, address and telephone number of the person and organization and its
officers applying for the permit;
i. If the use or activity is to be conducted for, on behalf of, or by any person other
than the applicant,the name, address and telephone number of that person;
b. The exact nature of the use or activity for which the permit is being sought;
c. The day and hours for which the permit is desired;
d. The specific park and portion of the park desired to be used to carry out the proposed
use or activity;
e. An estimate of the anticipated attendance;
f. Any other information that the director finds to be reasonably necessary in order to
determine whether to issue a permit.
2. Applications shall be filed with the director for consideration not less than thirty(30)days or more
than three hundred sixty-five (365) days before the date of the proposed use or activity.
3. The director shall evaluate the application and render a decision in accordance with Section C,
below.
(C) Standards for issuance of permit; procedures
1. A permit for an activity in or use of a park shall be issued unless it is found:
a. That the proposed activity or use of the park will unreasonably interfere with or detract from
the general public use and enjoyment of the park; or
b. That the proposed activity or use of the park will unreasonably interfere with or detract from
the public health, safety or welfare; or
c. That the conduct of the proposed activity or use is reasonably likely to result in or create a
clear and present danger of violence by the applicant or by others toward persons or property
resulting in serious harm to the public; or
d. That the requested facilities have been reserved for another activity or use at the day and
hour requested in the application; or
e. That false or misleading information is contained in the application or required information is
omitted; or
f. That the event would violate any federal, state or municipal law; or
g. It is found or determined that the requested facility or park is unable to support, through
physical space, infrastructure, or other factors,the proposed event or activity.
2. The director may impose reasonable conditions or restrictions on the granting of a permit,
including, but not limited to, any of the following:
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a. Restrictions on fires, fireworks, amplified sound, use of alcoholic beverages, dancing, sports,
the use of animals,equipment,or vehicles,the number of persons to be present,the location
of any bandstand or stage, or any other use which appears likely to create a risk to the
reasonable use and enjoyment of the park property;
b. A refundable security deposit for the repair of any damage to Park property and/or the cost
of cleanup as set in the city's fee schedule.
c. A reasonable fee to defray the cost of furnishing adequate security forces by the city at the
proposed use or activity.
d. Additional sanitary and refuse facilities that might be reasonably necessary, based on the use
or activity for which the permit is being sought.
3. Within seven (7) days after submission of an application, the director shall apprise an applicant,
in writing, of its approval or reasons for refusing a permit.
a. Applicants requesting removal of any conditions attached to the issuance of a permit
or wishing to appeal a permit refusal shall have the right to appeal the director's
decision in writing within six (6) days to the City Manager's Office. The City Manager
or his/her designee shall consider the application under the standards set forth in this
section and/or other reasons deemed by the City Manager to be detrimental to the use
of the public parks. After review,the City Manager will sustain or overrule the director's
decision.
4. An applicant shall be bound by all ordinances fully as though the same were inserted in such
person's permit.
5. The person to whom a permit is issued shall be liable for any loss,damage,or injury to any person
or property due to negligence of the person and/or organization to whom the permit was issued.
6. The director or his/her designee shall have the authority to revoke a permit upon a finding of
violation of ordinance, state or federal law, or upon the violation of any condition or restriction
under which the permit was issued.
7. Permits shall not be transferable without the written consent of the director.
(D) Posting and Exhibiting Permits
Permits required by this chapter shall be posted in the area where the activity is conducted or
produced and must be shown upon the demand of any law enforcement officer or authorized City
Park employee.
Section 97.24 Closed areas
Any section or part of any City Park may be declared closed to the public by the director or a law
enforcement officer at any time and for any interval of time, either temporarily or at regular, stated
intervals(daily or otherwise),either entirely or for certain uses,as the director or law enforcement officer
— shall find reasonably necessary.
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Section 97.25 Naming parklands, park roads, major improvements,and facilities
(A) The Parks and Recreation Advisory Board chairperson shall appoint a committee to be responsible for
research,study, and recommendation of proposed names of parks, park roads, major improvements,
facilities, or similar.
1. Recommendations for proposed names shall be presented to the Parks and Recreation Advisory
Board for approval or disapproval. A resume stating the reason for the recommendation of a
name shall be submitted in writing. If the board disapproves the committee's recommendation,
the matter may be referred back to the committee for further action.
(B) The Parks and Recreation Advisory Board's recommendation for naming parklands, park roads, major
improvements, or facilities shall be submitted to the city council within sixty (60) days of acquisition,
construction, or completion, or at the earliest possible time thereafter. The City Council shall have
the final authority for the naming of parklands, park roads, major improvements, or facilities.
(C) The naming of park roads, major improvements, or facilities shall permit ready identification and/or
geographical association by the public.The following guidelines shall be considered:
1. Outstanding and/or predominate physical characteristics of the land.
2. Financial or real property contributions of fifty percent (50%) or more by individuals or
organizations.
3. Outstanding community leaders, living or deceased.
4. National, state, or local historical leaders or heroes, both past and present.
5. Predominant plant materials.
6. Streams, rivers, lakes and creeks.
7. Outstanding environmentalists or parks and recreation notables.
8. No park site shall be given the same name as an existing school site or public facility except where
sites abut one another.
9. Subdivision names where parklands are adjacent to or lie within the subdivision.
(D) Proposed names shall be kept confidential by members of the committee until they are presented to
the Parks and Recreation Advisory Board, except that the proposed name may be disclosed to the
individual or family of the individual that is the subject of the proposed name.An individual or relative
of an individual after whom a park or recreation facility is proposed to be named shall be provided
the opportunity to oppose such designation.
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Chapter 97—Municipal Parks, Facilities,and Cemeteries
Section 97.26 Park Facility Rental
(A) Facility Rentals - Individuals or groups wanting exclusive use of any Stephenville City Parks and
Recreation facilities must fill out the Community/Special event application.The Exclusive Rental rate
will be applied for every 24-hour period the park is rented.
1. The following facilities are available for rental:
a. Large Pavilion—City Park
b. Small Pavilion—City Park
c. Century Park Gazebo—City Park
d. Birdsong Amphitheatre—City Park
e. Recreation Hall—City Park
f. Sports Complex—City Park
g. Senior Citizens Center
h. Other facilities as approved by the director or his/her designee
2. The following facilities are available for practices,tournaments,5K runs,and other special events:
a. Baseball fields
b. Softball fields
c. Tennis courts
d. Bosque River Trail
(B) Fees for use of park facilities
1. Fees shall be approved by the city council as part of the city's fee schedule.
2. Waiving of Fees: The City of Stephenville may waive all or a portion of the fee with the
recommendation of the Director of Parks and Leisure Services.
3. Any person or persons occupying park space or using such facilities where that occupancy or use
requires a fee, but where said fee has not been paid, shall be considered to be trespassing.
(C) Sports Association/Organization/ Foundation Facility Fees
1. These groups must meet with the Parks and Leisure Services Director and agree to terms in a
written contract agreement.This contract will cover fees, policies and procedures,maintenance,
and operational standards by which the City of Stephenville facilities will be utilized.
2. Individuals or entities must provide documentation of transactions for goods and/or services
and proof of a current liability insurance policy naming the City of Stephenville as an additional
insured party when appropriate.
(D) Refunds
1. Refundable Deposits will be processed upon inspection of parks and/or facilities by Parks and
Leisure Services staff. The standard of cleanup is leaving the park and/or facilities in the same
condition as it was at the time the rental period began.
2. Pavilions, Birdsong Amphitheater— no refunds will be issued for inclement weather.
3. Recreation Center — refunds will be issued if reservations are cancelled no less than seven (7)
business days from event date.
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Chapter 97—Municipal Parks, Facilities,and Cemeteries
Section 97.27 Insurance and Liability
(A) The City of Stephenville and its agents disclaim all liability resulting from the exclusive use of a
municipal park, its facilities and/or equipment, gazebo, and/or pavilions for events open to the
public (community events, special events,or any other activity specified in these policies.)
(B) Organizers of these public events must provide proof of insurance indemnifying the City of
Stephenville against any liability arising from such exclusive use. Closed events (birthday parties,
family reunions, etc.) will not require liability insurance.
(C) The Director of Parks and Leisure Services shall have the right to waive the insurance requirement
for events.The waiver will be made on a case-by-case basis. A waiver shall not be granted without
adequate protection for the city, such as a sufficient indemnity agreement.
(D) Minimum Coverage shall include: Bodily Injury coverage of at least $100,000 per person and
$500,000 per occurrence.
Sections 97.28—97.39 Reserved for future use.
ARTICLE III. MUNICIPAL CEMETERIES
Section 97.40 General Rules and Operation
The Municipal Cemeteries of the City of Stephenville shall be reserved for the burial of human remains in
accordance with State and Federal law. The city Manager or his/her designee shall have the authority to
,._. promulgate rules and regulations for its use and control the use of the facility in accordance with state
law. Fees for services and the sale of burial plots shall be approved by the city council as part of the city's
fee schedule.
Section 97.41 Burial in accordance with laws of the State of Texas
No person shall purchase or allow any cemetery lot or niche to be used for any purpose other than the
burial of human remains in accordance with the laws of the State of Texas.
Section 97.42 Parking and/or driving in gardens;speed limit
(A) No person shall use the cemetery land as a thoroughfare and the right to use automobiles or other
vehicles in the cemetery is authorized solely and exclusively for transporting persons to visit burial
plots.
(B) Parking and/or driving on any gardens or grassy areas are prohibited for purposes other than those
obtained from the cemetery.
(C) The speed limit within the cemetery is ten (10) miles per hour.
Section 97.43 Possession of drugs or alcohol in cemetery
No person shall possess alcoholic beverages or illegal drugs in any Municipal Cemetery.
Section 97.44 Right of cemetery staff to enter upon lot
The cemetery supervisor shall have the right to authorize persons to enter upon or use any adjoining
cemetery lot or lots to carry out duties related to interments, erection of monuments or markers, etc.,
without prior notice to the lot owner.
Ordinance No. 2022-0-14 Page 13 of 15
Chapter 97—Municipal Parks, Facilities, and Cemeteries
Section 97.45 Headstones
No headstones shall be installed, moved, repaired,or removed without first obtaining the approval of the
Cemetery Supervisor. Temporary placeholders may be used for a period of no longer than 12 months,
after which time a permanent headstone or marker shall be placed.
Section 97.46 Prohibitions
Administration of this Article shall not infringe on an individual's right to beautify or maintain a grave or
burial lot in accordance with Section 713.010 of the Texas Health and Safety Code. Decorative elements
including curbing, landscaping, and trees located on gravesites existing on the date of this ordinance may
be repaired and maintained.
ARTICLE IV. PENALTIES
Section 97.99 Penalties for Violations
Penalties for violations of this chapter are subject to the general penalty set out in 10.99 of the City of
Stephenville Code of Ordinances.
SECTION 2.
Section 90.10 Animals prohibited in parks during special activities is hereby repealed in its entirety, as it
has been incorporated into Chapter 97 Municipal Parks, Facilities, and Cemeteries.
SECTION 3.
Except as amended herein, the City of Stephenville ordinances shall remain in full force and effect as
presently enacted and amended from time to time. To the extent of a conflict between this Ordinance
and any other ordinances of the City of Stephenville as same may have existed prior to the adoption of
this Ordinance,this Ordinance shall control.
SECTION 4.
If any section or part of this ordinance is held by a court of competent jurisdiction to be unconstitutional
or invalid,such judgement shall not affect, impair,or invalidate the remaining provisions of this Ordinance
but shall be confined in its operation to the specific section or sections that are held unconstitutional or
invalid.
SECTION 5.
This ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED this 3rd day of May, 2022.
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Ordinance No.2022-0-14 Page 14 of 15
Chapter 97—Municipal Parks, Facilities,and Cemeteries
—
Revi wed by Jason M. King,
Interim City Manager
6> OL______
Randy Thomas, City Attorney
Approved as to form and legality
Ordinance No.2022-0-14 Page 15 of 15
Chapter 97—Municipal Parks, Facilities,and Cemeteries