Farmersville Municipal Code Ch. 12.22 Parks and Recreational Facilities

A. The exclusive-use of city parks (or portions thereof) shall be made available for persons and groups who have obtained an exclusive-use permit from the city manager, subject to the payment of fees therefore as provided in the city standards and guidelines for use of parks, Sections 12.22.080 through 12.22.180. The exclusive-use of any park for activities consisting of twenty-five or more persons (whether spectators or participants) is prohibited without the issuance of a permit, except for athletic fields, in which case no exclusive use of any park for assemblies or groups consisting of ten or more persons may be made without the issuance of a permit.

B. All applications for exclusive-use of any park must be signed or co-signed by an adult who must agree to be responsible for the exclusive-use applied for. No exclusive-use permit will be granted if, prior to the time the application was filed, the city scheduled a city-sponsored event at the same time and place as the activity proposed in the application.

C. Except for Easter sunrise services, no exclusive-use permit shall be granted for a park for any assembly or activity involving more than one hundred fifty participants at any time between one hour after sunrise and one hour before sunset, unless the park is equipped with sufficient lighting. No use or other permit shall be granted to allow rides on ponies, horses, or other animals.

(Ord. No. 449, § 2, 2-28-2011)

Any person applying for an exclusive-use park permit under this chapter must file an application for such permit with the city manager not less than twenty days nor more than three hundred sixty-five days prior to the proposed use of the park. The city manager may waive either period if the applicant waives all appeal rights.

(Ord. No. 449, § 2, 2-28-2011)

The application shall contain the following:

A. Name of each applicant, sponsoring organization, and the person or person(s) who are in charge of, or responsible for, the proposed activity;

B. The business and residence addresses and telephone numbers of each person and entity named in subsection A;

C. The park or portion thereof being applied for;

D. The starting time of the proposed activity;

E. The finishing time of the proposed activity;

F. The number of persons expected to attend the activity and the maximum number of persons authorized by the applicant to attend;

G. Additional city facilities requested, such as personnel, tables, chairs, etc.;

H. The nature of the proposed activity or activities, including equipment and vehicles to be brought into the park, the nature and duration of the use of such equipment, and the nature and duration of the use of any amplified sound, whether speech or music;

I. Any fees, charges, donations or collections to be collected and/or received and the purpose for which they are to be used;

J. Estimated number of parking spaces required;

K. Indemnification, defense, and hold harmless agreement; and

L. Insurance documentation in accordance with section 12.22.160.

(Ord. No. 449, § 2, 2-28-2011; Ord. No. 530, § 1, 10-13-2025)

A. The city manager shall grant or deny such application within seven days after the filing of the application unless the time for such granting or denial of the permit has been waived by the applicant in writing or unless the size or nature of the event necessitates a review by the chief of police or another city department or officer. The decision granting or denying the application shall be mailed to the applicant by first class mail at the address listed on the application.

(Ord. No. 449, § 2, 2-28-2011)

A. The city manager shall grant the application when it complies with the standards and guidelines in Sections 12.22.080 through 12.22.180, and upon granting any permit may impose reasonable requirements and conditions concerning the use of the park by the applicant based upon Sections 12.22.080 through 12.22.180. The city manager, upon the written advice of the chief of police that the size and activity of the expected crowd will require police personnel from other areas of the city for crowd control and leave such other areas of the city unprotected, must impose a requirement of at least one crowd-control monitor per one hundred persons expected to attend the proposed activity so that the city manager shall require a one-hour training program to be conducted by the chief of police or his/her designee for the crowd-control monitors at a reasonable time and place prior to the proposed activity, which time and place shall be set by the city manager or her/his designee. The applicant shall, within two days of the receipt of the city manager's decision, supply to the city manager a list of the proposed crowd-control monitors, including their names, addresses and telephone numbers. The applicant may, at her/his option, provide reserve police personnel or duly licensed private patrolmen, instead of crowd-control monitors, in the number approved by the city manager and chief of police. In the event that the applicant provides reserve police personnel or duly licensed private patrolmen, no training session will be required.

(Ord. No. 449, § 2, 2-28-2011)

A. The city manager may grant the application for a park other than that applied for with the consent of the applicant in the event that a permit has already been issued for said park or said park does not meet the needs of applicant or is otherwise unsuitable pursuant to Sections 12.22.080 through 12.22.180. In the event that more than one application is received for one park for use on the same day, the city manager shall first act upon the application first received, however, the priorities for usage as designated Sections 12.22.080 through 12.22.180 shall apply.

B. Notwithstanding any other provision in this chapter, the granting of an application for an exclusive-use permit pursuant to this chapter does not guarantee that the park or portion thereof will be available for use on the date to be used. If a park, or portion thereof, for which an exclusive-use permit has been issued becomes unavailable for use due to construction, repairs or any other purpose or condition that in the opinion of the city manager renders the otherwise permitted use unsafe or an interference with construction or repairs, the city manager may change the scope of the permit or change the location of the event to another available park or portion thereof. The city manager and public works personnel shall make reasonable efforts to schedule construction, repairs and maintenance of parks and portions thereof to accommodate their use when a permit has been obtained six or more months in advance and shall make reasonable efforts to notify, as early as reasonably practicable, those persons who have obtained such permits when planned repairs and maintenance could render the park or portion thereof unusable.

(Ord. No. 449, § 2, 2-28-2011)

A. The city manager shall deny the application if she/he finds that any of the following conditions exist:

1. That the application reveals that the city has no park which will accommodate the activity of the applicant pursuant to the standards and guidelines contained in this chapter;

2. That the proposed activity is of a size or nature that requires the diversion of so great a number of police officers of the city to properly police the areas as to hinder police protection to other portions of the city;

3. That the applicant has failed to agree to provide a reasonable means of informing all of the persons participating in the proposed activity of the terms and conditions of such permits;

4. That the applicant fails to file a timely application, unless waived by the city manager and the applicant waives all right of appeal.

5. That the applicant has made a material misrepresentation in the permit application or in prior applications.

B. Such denial shall specify the grounds therefor.

(Ord. No. 449, § 2, 2-28-2011)

A schedule of fees and charges for use of parks shall be adopted and periodically amended by resolution of the city council as part of the city's master fee schedule to establish and regulate the fees, charges and priority for use of city parks.

It is further the intent of the city council and the policy that city residents and organizations receive preferential privileges of use over persons and organizations from outside the city.

(Ord. No. 449, § 2, 2-28-2011)

The following schedule shall apply for purposes of determining priority use as well as applicable fees and charges for use of public parks.

A. Classification A. Meetings of the city council or committees thereof, public recreation activities that are conducted by the department of recreation or other events officially sponsored by any department of the City of Farmersville. There shall be no service charge;

B. Classification B. Meetings or programs that are conducted by city youth organizations. Also included in this classification are city community service organizations and special interest clubs conducting business meetings or programs which are free and open to the public. There shall be no service charge;

C. Classification C. City residents including any recreation, social or service activity conducted by any person, group of persons, corporations or other entities not included in Classification A or B, as set forth in this section, including, but not limited to, private parties, local political activities, wedding receptions, church activities, company picnics, etc., shall be charged as set by resolution of the city council;

D. Classification D. Meetings and programs that are organized, promoted, conducted or sponsored by nonprofit organizations that maintain an office, or otherwise provide services to the public, within the City of Farmersville shall be charged as set by resolution of the city council;

E. Classification E. Non-residents of Farmersville including recreational, social, or for-profit clubs or organizations, and any person or group of persons not included in Classification A, B, C, and D must pay a service charge as set by resolution of the city council;

F. Exceptions—Community fund raising. Fund-raising events conducted by groups otherwise within Classification B shall pay a service charge as set by resolution of the city council or if none is set by resolution, shall be subject to the fee for Classification B, if any;

G. Closed social parties. Including those activities purely for the benefit of members in Classification B will be charged in accordance with the service charges listed under Classification D as set by resolution of the city council.

(Ord. No. 449, § 2, 2-28-2011)

In computing the fees and charges set forth in Section 12.22.090, the time required for decoration and cleanup will be included in the hours reserved.

(Ord. No. 449, § 2, 2-28-2011)

If the event runs beyond the scheduled hours or additional costs are incurred by the city as a result of the event, all costs will be billed according to applicable rates and/or actual charges.

(Ord. No. 449, § 2, 2-28-2011)

The scheduled rate for each park will be increased by fifty percent per hour during other than regular hours of operation or regular days of operation to cover the necessary additional expenses incurred by the city. Regular operating days and hours shall be Monday through Saturday, eight a.m. to eleven p.m., except when such days fall on holidays. The minimum service charge is for two hours.

(Ord. No. 449, § 2, 2-28-2011)

Financial arrangements concerning all deposits, fees and charges should be made at the city manager's office at least forty-eight hours prior to the date of the event.

(Ord. No. 449, § 2, 2-28-2011)

All for-profit caterers must be permitted by the county health officer.

(Ord. No. 449, § 2, 2-28-2011)

A security deposit equal to seventy-five dollars or double the applicable service charge, whichever is greater, shall be required for all uses in Classifications D, E and F.

(Ord. No. 449, § 2, 2-28-2011)

A. All persons, groups and organizations shall agree to hold the city, its officers, officials, employees, agents and volunteers harmless from any liability or damages and claims for damages for personal injury, including death, as well as claims for property damage which might arise from the use of city parks and their furnishings. All non-city persons, groups and organizations and all commercial classifications using community parks must file with the city clerk a policy, true copy thereof, of a certificate of insurance as evidence that the applicant has in effect commercial general liability insurance at least as board as Insurance Services Office form CG 00 01 for bodily injury and property damage in the amount of one million dollars per occurrence, two million dollars aggregate on a per project or per location basis. If a per project/location endorsement is not available, the limit for the general aggregate should be doubled. The policy shall provide and be endorsed to include, the city, its officers, officials, employees, agents, and volunteers as additional insureds on ISO form CG 20 10 (or equivalent). The policy shall be primary and not seek contribution from the city's coverage, and the coverage shall include a waiver of subrogation in favor of the city. The city reserves the right to modify such insurance requirements based on the nature of the risk.

B. Failure of the applicant to file such certificate of insurance and additional insured endorsement, policy or such copy thereof shall be grounds for denying any permit provided for in this chapter.

(Ord. No. 449, § 2, 2-28-2011; Ord. No. 530, § 1, 10-13-2025)

A. A request for a use permit under this policy may be rejected without cause by the city manager, in which case the applicant shall have the right of appeal to the city council in accordance with the procedures set forth in Section 1.13.060 of the Farmersville Municipal Code. Any applicant who does not agree with the classification given or service charge assessed shall have the right of appeal to the city council in accordance with the procedures set forth in Section 1.13.060 of the Farmersville Municipal Code. The decision of council shall be final.

(Ord. No. 449, § 2, 2-28-2011)

A. Notwithstanding any other provision in this chapter, reservation permits for parks use pursuant to Classifications C, D, E and F in Section 12.22.090 may be superseded at any time by uses pursuant to Classifications A and B in Section 12.22.090.

B. Notwithstanding any other provision in this chapter, reservation permits for park use pursuant to Classifications D, E and F may be superseded by uses pursuant to Classification C provided that the C-use permit is issued at least thirty days prior to the other reserved use.

(Ord. No. 449, § 2, 2-28-2011)