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HomeMy WebLinkAboutO-2202-8-03ORDINANCE NO. 2202-8-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 11, PARKS AND RECREATION, BY ADDING ARTICLE IH WHICH ESTABLISHES GUIDELINES FOR THE COMPREHENSIVE AND EFFECTIVE USAGE OF INDOOR AND OUTDOOR ATHLETIC FACILITIES CONTROLLED BY THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, because of the increased demand for the usage of the City's athletic facilities of both adult and youth organizations, City staff found it necessary to adopt an athletic facility usage ordinance; and, WHEREAS, the Parks and Recreation Department intends for these regulations to promote the fair and affective usage of the City's athletic facilities for the City's residences; and, WHEREAS, staff presented the proposed ordinance to the City's Park and Recreation Board on August 11, 2003, and the Board recommends that the athletic facility usage ordinance be adopted by the City Council; and, WHEREAS, the City Council, fording upon full review and consideration of the City staff recommendations ' that the new provisions better serve the community hereby and approve and adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Allen, Collin County, Texas, is hereby amended by adding Article ID to Chapter 11, Parks and Recreation, to read as follows: "ARTICLE IH. ATHLETIC FACH.ITY USAGE Sec. 11-27. Detirdtion(s) (1) Co -Sponsored Organization means any organized group that has entered into a Facility Utilization Agreement with the City of Allen utilizing the City owned or leased facilities, and in someway providing a service, program, or revenue benefiting the City of Allen. (2) Resident means a person who lives or works within the City of Allen, or in the case of a church sponsored team, worships within the Extraterritorial Jurisdiction of the City of Allen. (3) Nonresident means a person who lives outside the City of Allen. (4) Nonresident team means a team made up of less than 51% resident players. (5) Season means a recurrent period of time characterized by league practices and games associated with registration fees for a particular sport as agreed upon by the designated representative from both parties. (6) Game facility is defined as a facility where league play is being held and use is being managed in order to maintain the playing conditions at a high level. Game facilities are designated by the Parks ' and Recreation Department. These facilities are subject to usage fees. (7) Outdoor athletic facilities include but are not limited to lighted and unlighted playing fields and courts 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, lacrosse, cricket and rugby or any such use as deemed appropriate by the Parks and Recreation Department. Sec. 11-18. 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 City. Sec. 11-29. Intent It is the intent of this article to provide a basis for establishing the following: (a) A method of communicating the available inventory of allocatable athletic facilities to qualified requesters for usage of such facilities, (b) Disciplined method of communicating the forecasted and immediate facility needs from users of facilities to the appropriate department within the city administration, ' (c) The implementation of a system of facilities allocation producing results most beneficial to the total City, (d) A program for continuously improving the utilization of existing facilities to the betterment of the total City. Sec. 11-30. Policy Administration The administration of this article shall be the responsibility of the Parks and Recreation Department. The department shall prepare, implement, and enforce such specific rules and regulations for the use of facilities for each sport or type of facility, as it deems necessary. The Parks and Recreation Department shall report regularly to the Parks and Recreation Board on the effectiveness of administering this policy. Sec. 11-31. Sports Seasons (a) Specific sports seasons will be established for the equitable use and allocation of athletic facilities by the Parks and Recreation Department. (b) The co-sponsored organizations shall be given first priority with regard to field or facility allocation and scheduling. All others will be allocated on a space available basis. The Director of Parks and Recreation or his/her designee, shall determine the eligibility for classification within co-sponsored organization designations. Sec. 11-32. Allocations ' (a) Organizations requiring facilities for practice and/or league games shall submit, in writing, then registration figures at the designated time determined by the Parks and Recreation Department. Ordinance No. 2202-8.03, Page 2 (b) The Parks and Recreation Department shall consider all requests and will allocate facilities in the best interest of the City. Guidelines that will be considered may include, but are not limited to, items ' listed under subsections (1) and (2) of this section. The Director of the Parks and Recreation Department or his/her designee, may consider any other alternatives in implementing the field or facility allocation for the various users, or make such variations or exceptions as the Director deems in the best interest of the City, giving due consideration to the number of participants, facility requirements, nature of the activity, innovation of the program and other relevant factors. (1) Priority will be given to those individuals who live in the City of Allen or its Extra Territorial Jurisdiction. Participation by other individuals, teams, and groups may be permitted by the Parks and Recreation Department if facility availability permits. (2) Leagues requesting regular season play with out-of-town teams on facilities owned by, leased or otherwise controlled by the City will be given consideration after fields or facility time has been allocated for all other teams of organizations made up of individuals from the City or its Extraterritorial Jurisdiction. Participation by such out-of-town teams is subject to approval by the Parks and Recreation Department. If approved, such teams shall pay user fees as established by the City Council. (c) Any existing organization wishing to initiate a new athletic program must meet with the Parks and Recreation Department at least ninety (90) days prior to the proposed season starting date to discuss the availability of facilities. A new program is defined as any activity that is not currently offered by the requesting organization. The Parks and Recreation Department will attempt to accommodate new programs according to facility availability and participant registration. See. 11-33. Requirements for Organizations Using Facilities (a) Co -Sponsored Organizations All Co -Sponsored Organizations desirous of establishing leagues and utilizing recreational facilities owned, leased, or controlled by the City for competitive or recreational league play must comply with the following requirements: (1) Be a Nonprofit Organization serving and operating exclusively for amateur sports, (2) If requested, file a yearly financial report with the Parks and Recreation Department by January 31 of each year; such report to include a breakdown of expenses and income, (3) Have a Board of Directors with a President or Chairman, Vice -President, or Co -Chairman, Secretary, and Treasurer, (4) Have on file with the Parks and Recreation Department a copy of the organization's constitution, bylaws which most be in barmony with Parks and Recreation Department policies, a certificate of liability insurance, and maintain a current listing of the Organization's Board of Directors and mutually agreed to points of contact. (5) All Co -Sponsored Organizations, groups, or individuals are subject to the field agreement and supplemental agreement with the Parks and Recreation Departmem. Ordinance No. 2202-5-03, Page 3 (b) Non Co -Sponsored Organizations, Groups, or Individuals All Non Co -Sponsored Organizations, Groups, or Individuals desirous of establishing leagues and utilizing recreational facilities owned, leased, or controlled by the City for competitive or recreational league play must comply with the following requirements: (1) Non Co -Sponsored Organizations, Groups, or Individuals may not compete directly with programs offered by Co -Sponsored Organizations. (2) All Non Co -Sponsored Organizations, Groups, or Individuals are subject to the field use agreement and supplemental agreements with the Parks and Recreation Department. Sec. 11-34. Practice Sessions (a) Youth association practices. Game fields for sports such as baseball, softball, soccer and football, unless they have been designated for scheduled use only, may be used far practice with approval of the Parks and Recreation Department. (1) Each organization will schedule their teams on their designated field for their allotted time frames and not otherwise. (2) There shall be no practices upon City of Allen designated game fields, or any other area where games and practices have been cancelled due to field conditions. (3) Each organization shall require in its bylaws that any team under its jurisdiction, after receiving ' one (1) warning for violating any part of this section, shall forfeit one (1) league game. Penalties may also be assessed as authorized by Section 1-16. (b) Adult and general public practices. All reservations for practices by the general public and adult practices are subject to the following conditions: (1) Reservation requests must be made through the Parks and Recreation Departrnent, (2) The applicable reservation and light usage fee must be paid at the time the reservation is made, (3) An approved facility reservation form must be obtained from the Parks and Recreation Department when the fee is paid, (4) No refunds will be made unless the reservation is cancelled by the Parks and Recreation Department or in case of inclement weather, (c) Lighted Practices. Organizations desiring lighted practice areas shall comply with the following: (1) Practices most be scheduled through the Parks and Recreation Department no later than the Tuesday preceding the Monday through Sunday period in which the practices are to occur. To minimize electrical costs, all practices will be scheduled consecutively to prevent facilities from being lit while not in use. Lights will be turned on beginning with the first time slot scheduled ' and turned off at the end of the last consecutive scheduled practice. (2) The applicable light usage fee as established in the Athletic Facility Rental Agreement must be paid. Ordinance No. , Page 4 (3) Each organization will schedule their teams during their allotted time frames at each field and not otherwise. (4) The scheduled turning on and turning off of lights shall be the responsibility of the Parks and Recreation Department or as established by agreement. Sec. 11-35. User Fees (a) The City Council has determined that it is necessary and proper to establish and levy user fees to be charged for the use of the City's public parks and recreation facilities. (b) All individuals who are members of any adult or youth athletic team will pay prescribed user fees as established by the City Council. User fees will be deposited by the Parks and Recreation Department into the City's designated revenue fund. (1) It shall be the responsibility of any organization to collect all user fees and to submit these fees with corresponding documentation to the Parks and Recreation Department no later than two (2) weeks after the start of season. A delinquent notice shall be mailed to any organization that fails to pay user fees and supply corresponding documentation within two (2) weeks after the start of the season. Delinquent notices shall specify a deadline upon which user groups must submit all user fees and corresponding documentation or pay a late fee of two hundred dollars ($200) per day that City offices are open and available to accept payment after the delinquent notice's stated due date. Payments of user fees and any delinquent penalty most be submitted with corresponding documentation or scheduled use of athletic fields may be refused as provided in ' Section 1-16(c). (2) Rosters must be available for inspection by the Parks and Recreation Department. (3) Nonresident teams/individuals may use Allen facilities if field availability permits. The appropriate user fees as established by the City Council will be paid by the organization. Sec. 11-36. Facility Maintenance Subject to the conditions and provisions set out in this article, maintenance of various athletic facilities owned by the City shall be subject to the following: (a) Maintenance of all facilities owned by the City will be performed only by the Parks and Recreation Department unless user groups enter into a written maintenance agreement with the Parks and Recreation Department. No modifications, alterations, additions, or deletions (temporary or otherwise), may be made to any facility scheduled by the City unless written approval is obtained from the Parks and Recreafion Department in accordance with the policy for construction/maintenance approval process for user groups. (b) Certain athletic sites or fields as determined by the Director of Parks and Recreation or his/her designee, may receive enhanced maintenance in cooperation with specific user groups. These fields shall be used only on a scheduled basis and shall be identifiable by special signage. These fields or sites may be gated or fenced with controlled access to protect the benefits of enhanced maintenance from unauthorized practices and vandalism. Ordinance No. 2202-8-03, Page 5 Sec. 11-37. Facility Closure ' Parks and Recreation Departmental staff may close a facility/field at any time due to weather and/or field conditions. Gated facilities are considered closed when the gates to the facility are not open. Non -gated facilities will be posted with signage at individual fields. Persons using closed facilities/fields are subject to penalties as set in Section 1-16. Sec. 11-35. Concessions The Parks and Recreation Department shall control all concession rights for all parks and facilities. No concession may be sold in any park or facility by any group or individual except with the written approval of the Director of Parks and Recreation or his/her designee. Sec. 11-39. Insurance Organizations or associations conducting organized leagues most provide and keep in force for the duration of the season with an insin ance company duly licensed in the State of Texas and rated A- or better by A.M. Best, general liability insurance in an amount specified by the City's Risk Manager. Insurance limits will be reviewed on an annual basis. In addition, the policy shall include the City of Allen as an additional named insured. No games may be played until an acceptable proof of insurance has been received by the Parks and Recreation Department and approved by the City's Risk Manager. Sec. 1140. Hours and Days of Use of Lights Subject to the conditions and provisions set out in this article, the use of lights at various athletic facilities ' used in activities covered by this article shall be subject to the following: (a) All use of lights, whether for practice or games, shall cease and lights shall be turned off at 11:00 p.m., (b) Lighting shall be turned on thirty (30) minutes prior to dusk but not earlier than 5:00 p.m. on weekdays and Saturdays, (c) Only with the approval of the Parks and Recreation Department, and only under certain conditions and/or for certain special uses, will the light usage time be extended, and the use of lights on Sundays be permitted. Sec. 1141. Penalty Any sponsoring organization, group, or person violating any provision of the rules and regulations contained in this article may be penalized in the following manner: (a) Any organization, group, or person may be notified of the violation in a written notice by the Parks and Recreation Department. (b) Any organization, group, or person, upon written notification may be provided an opportunity to resolve the violation determined by the Director of Parks and Recreation or his/her designee. (c) Any organization, group or person violating any of the rules and regulations contained in this article ' may be refused the scheduled usage of athletic facilities if such action is deemed necessary by the Director of Parks and Recreation upon the review and disposition of the violation. Ordinance No. 2202-8-03 Page 6 (d) Any person, fnn, or corporation violating any of the rules and regulations contained in this article shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine not exceeding five hundred dollars ($500) for each offense. Each and every day such violation shall continue shall be deemed to constitute a separate offense. Sec. 1142. Establishment of Fees Fees for the use of parks and recreation facilities as specified in this article shall be established by City Council resolution. Sec. 1143. Collection and Disposition of Fees The fees established in this article shall be collected by the Parks and Recreation Department and upon receipt thereof shall be credited to the appropriate funds of the City." SECTION 2. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 3. All provisions of the Code of Ordinances of the City of Allen, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 4. Any person, firm or corporation violating any of the provisions of this Ordinance or of the Code ' of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Allen, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 5. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such case provide; and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TERAS, ON THIS THE 26TH DAY OF AUGUST, 2003. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, cM ATTORNEY Shelley B. Georg C, CITY SECRETARY Ordinance No. 2202-5-03, Page 7