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Item # 9.
         
Council Meeting
Meeting Date: 12/14/2021  
Department: Parks & Recreation  
Pillars: Gold Standard in Customer Service
Optimize the Addison Brand
Milestones: Promote and protect the Addison Way

AGENDA CAPTION:
Consider Action on an Ordinance Amending Chapter 58, Parks and Recreation, of the Code of Ordinances by Providing Updated Definitions, a New Park Use Permit Requirement, Related Fees, and for Civil and Criminal Penalties.   
BACKGROUND:
In June 2021, Parks staff made a presentation to Council to discuss updating the Park and Recreation Ordinance to create a Park Use Permit. On November 9, 2021 Parks staff made a presentation to Council to review a draft of the proposed Ordinance update which would help to facilitate the proposed Park Use Permit. During this presentation staff also made recommendations to update definitions in the Ordinance and add clarifications to help with the general implementation of the Ordinance. Council discussion was in favor of the proposed updates.  Below is a chart of those changes in the Ordinance presented for Council consideration. 
 
PARK USE PERMIT OVERVIEW
Who can Apply for a Park Use Permit? Urban Parks and Neighborhood Parks -  Addison Residents and Businesses
Destination Parks - Addison and Non-Addison Residents and Businesses
What is the cost of the permit? Residents - $150 Refundable Deposit
Businesses -$150 Refundable Deposit +  $75 first 3 hours and $25/ Hour thereafter
Non-Resident or Non-Addison Business (Destination Parks Only) - Deposit and Rental Fee would correlate with hourly rate established by Special Events Fees.
What are the hours of use? 8:00 AM - 8:00 PM
What locations are appropriate for park use by groups? Urban Parks - Addison residents and businesses
Neighborhood Parks - Addison residents for neighborhood gatherings only
Destination Parks - Not limited to Addison residents or businesses.  Can only be reserved less than 30 days in advance.
What size group requires a permit?  20-99 would require a Park Use Permit
>99 would require a Special Event Permit
What are the rules? Individual making the reservation is responsible for any damage.
Individual making the reservation is responsible for clean-up and off-site disposal of garbage.
The permit is for a specific area in a park.  The park remains open for public use.
Approval is required for the set up of portable items such as, music, alcohol, games, and food trucks and a small fee may be associated if staff presence or inspection is required.
What is the recourse if the rules are broken? Park Use Permit Applicant will lose their deposit, plus charges will incur for replacement or repair of any damage to the park or park facilities.

If a Park Use Permit was not secured for a group gathering, a citation will be issued and a fine up to $500 may be issued by the Municipal Court.
 

Section 58-43 Group Gatherings was added to the ordinance to facilitate the Park Use Permit.  The following definitions have been added to the Ordinance to help facilitate the Park Use Permit:
  • Adopted Plan - Refers to the Park, Recreation and Open Space Plan which was adopted April 2019, a copy is on file in the office of the City Secretary.
  • Neighborhood Gathering - Is an event produced by a community-based Homeowner's Association (HOA) or neighborhood group for the benefit of their members and does not require use of parking.
  • Park Use Permit - Is a permit that is issued by the Department of Parks and Recreation and upon application and approval for group gatherings or neighborhood gatherings of more than 20 but less than 100 people. 
  • Park Property - Means any park, athletic facility, reservation, playground, recreation center or any other areas in the Town, owned or used by the Town and devoted to active or passive recreation, but is not acquired or designated by the Town for use as a public park. Park Properties are identified in the Parks, Recreation and Open Space Plan.  The Plan also classifies parks in the following categories: Destination Park, Community Facility, Urban Park, Neighborhood Park and Greenbelt Trail.   
The following definitions have been added to help facilitate or clarify current Park and Recreation Practices:
  • Dependent - Is an individual to a primary membership account at the Addison Athletic Club.  The primary member is the legal guardian of the dependent.
  • League Play - Means an organized group of people that regularly practice and / or play an organized sport.
  • Organized Sport - Means any game, competition or practice which is played by three or more persons and is carried our under an agreed set of rules.
  • Fitness Training - Means fitness instruction for compensation of one or more persons either by an individually paid trainer or a trainer employed by a for-profit entity.
Section 58-36 Vending and peddling prohibited was also clarified to add the bolded items in the text below:
  • No person on Park Property shall expose or offer for sale any article, service or thing, nor shall they station or place any stand, cart, or vehicle for the transportation, sale or display of any such article or thing. No fitness instructor or fitness training is allowed on Park Properties unless the fitness instructor or fitness group has applied for and been approved by the Department of Parks and Recreation as an outdoor vendor. Concessionaires acting by and under the express written authority and regulation of the Director are excepted.
Section 58-41 Games was clarified to add the bolded items in the text below:
  • No person on Park Property shall take part in any games involving thrown or otherwise propelled objects, including but not limited to golf balls, stones, arrows, javelins, or model airplanes, except in areas specifically designated for such forms of recreation. The playing of rough or comparatively dangerous games, including but not limited to football, baseball, soccer,  hockey, or any other Organized Sport is prohibited except on the fields and courts or areas specifically designated for such games.
  • League Play is prohibited on all Park Property except for those League Play that have applied for and been approved by the Department of Parks and Recreation.  Any approved League Play must abide by all rules and regulations of the Department of Parks and Recreation, including but not limited to, days of League Play, time of League Play, and any insurance requirements.  Approved League Play is only permitted on Park Property specifically designated for Organized Sports.  Per Addison’s License Agreement with Dallas Independent School District (DISD), Addison may not facilitate League Play at Bush Elementary.
Article III Addison Athletic Club and Trinity Christian Athletic Complex was edited to eliminate the reference to Trinity Christian Athletic Complex.  

Section 58-66 Use restricted to members and guests was edited to add or legal guardian following the reference or a parent and guardianship documents was added as an item that might be requested to establish age and guardianship of dependents.  
RECOMMENDATION:
Administration recommends approval.
Attachments
Ordinance Amendment - Parks and Recreation
Ordinance - Redline Edits

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