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Ord 11-2002 2/5/20023 � ORDINANCE NO. �QQa ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE WICHITA FALLS CODE OF ORDINANCES, AT CHAPTER 82, PARKS AND RECREATION, ARTICLE V, SOFTBALL COMPLEX; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Softball Complex is operated by the City according to adopted rules; and, WHEREAS, several of these rules need to be changed to allow for better operation of the facility. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Part II of the Wichita Falls Code of Ordinances, at Chapter 82, Parks and Recreation, Article V, Softball Complex, is hereby amended in its entirety to read as follows: "ARTICLE V. SOFTBALL COMPLEX Sec. 82 -161. Purpose. The purpose of this article is to establish standard operating procedures and policies for the use of the city softball complex for private tournament rentals and practices. Sec. 82 -162. Responsibility. It is the responsibility of the softball complex renter to ensure that the contents of this article are adhered to by all parties involved in the tournament. In addition to these procedures, those teams and individuals registered in the parks and recreation department city leagues must adhere to the adult softball league rules and regulations, available in the parks and recreation office. Sec. 82 -163. Tournaments. (a) The program coordinator will be responsible for scheduling and coordinating all tournaments to be held at the softball complex. Tournaments must be scheduled at least one month in advance of the requested dates. (b) Tournament size and play shall be limited to a minimum of 36 -team double elimination and a maximum of 65 games round robin. Tournaments and events of lesser size may be held, with approval of the parks and recreation director, but are subject to relocation to another city facility up to two weeks prior to the requested tournament date, if the complex is needed to host a larger tournament meeting the 36 -team requirement. (c) Tournament play will be conducted on Friday, Saturday, and Sunday. Requests for alternate or additional days must be approved by the program coordinator. (d) Renters of the softball complex may exercise the option to close the city - operated concession stand during the period of rental for the purpose of selling food and drink items from a portable trailer. Renters exercising this option shall comply with all applicable health department regulations and shall enter into an agreement with the city which shall provide a payment to the city from the renter of not less than 16 percent of the gross receipts derived from the sale of food or drink from the renter's concessions, or the renter may elect to have the city operate the concession and pay the renter 50 percent of the net profit. (e) The renter or the renter's team members assisting with the tournament, or anyone under the renter's direction or with the renter's knowledge shall not attempt to perform any major or extensive field repairs. During inclement weather, burning, dragging, digging, or hauling of soil to make fields playable without permission or supervision of the athletic coordinator will not be permitted. If a tournament is rained out, provisions have been made so that, in most cases, the tournament can be made up during an open weekend set aside. (f) Reservation procedures shall be as follows: (1) All deposits must be paid by either cashier's check, money order, Visa /MasterCard or in cash. (2) Beginning on the first Monday in December of each year, tournament directors may begin requesting dates for holding tournaments on a first come, first served basis. At this time, tournament directors will execute a reservation contract. They must s designate the kind of tournament to be conducted and pay a reservation security deposit of $100.00. This deposit is to ensure a tournament is held on the dates reserved. If, before 30 days of 12:00 noon on Tuesday prior to the tournament, the tournament director informs the program coordinator the tournament has been cancelled, 85 percent of the deposit will be refunded. After this time the deposit will be forfeited. If the tournament materializes, the tournament director then must pay, by 12:00 noon on Tuesday prior to the tournament, a cleanup, damage and loss deposit of $200.00 which, upon completion of the tournament, satisfactory inspection by the parks and recreation department and financial settlement by the tournament director, will be returned along with the reservation security deposit of $100.00. Any loss, cleanup or damage costs well be deducted from the deposit of $300.00. (3) For those persons who cannot reserve a date because it has already been reserved, a waiting list will be maintained in the office of the program coordinator. If a reserved tournament is cancelled, persons on the waiting list will be contacted in chronological order. After a person on the waiting list has been contacted, within 24 hours the person must make a deposit of $100.00 with the parks and recreation department to cover reservation security. The person will have until 12:00 noon Tuesday, two weeks prior to the tournament, to cancel if enough teams cannot be obtained in order to receive a full deposit refund. Subsection (g)(2) of this section shall then apply. If the first person on the waiting list declines the date which has become available, the next person in line will be contacted. Persons on the waiting list will hold their position until moved to the reservation board. They will not move to the bottom of the list. (g) A copy of the tournament bracket must be submitted to the program coordinator and the following fees paid no later than 12:00 noon Wednesday, the week of the scheduled tournament: (1) Scorekeeper's booths /meeting room rental. There will be a rental fee of $25.00 per day for this facility. A damage deposit of $100.00 is required. The deposit will be returned in full or in part upon inspection by the program coordinator. (2) Field rental. Field rental shall be $20.00 per field per day. This cost covers field preparation at the beginning of each day, materials, and restroom cleanup. (3) Light use fee. The light use fee shall be $7.00 per hour of light utilization per field per night. The starting time for light fees shall be 6:00 p.m. October through March, and 8:00 p.m. April through September. Note: If, upon inspection by the program coordinator at the completion of the tournament, any damage has been caused to the facility by tournament participants or spectators, the tournament director will be charged for the actual cost of repairs. (h) There will be no curfew in effect at the complex; however, sufficient time must be set aside for maintenance between 2:00 a.m. and 8:00 a.m. The maintenance time must be coordinated with the program coordinator upon submittal of brackets. (i) The parks and recreation department will prepare the fields prior to each day's play. Preparation includes dragging, watering, marking and leveling. Q) Any additional maintenance work required for a tournament will require a charge in addition to the rental fee to cover labor expenses. (k) All equipment used during the tournament belonging to the parks and recreation department must be returned to its proper location on the morning of the first working day immediately following the tournament. (1) Collection of admission fees and sale of items not in conflict with the city concession sales, as determined and approved by the director of parks and recreation, is permitted; however, the renter must pay to the city by the next working day, in cash, cashier's check, money order or Visa /MasterCard, the following percentage of gross sales: (1) The city will receive ten percent of gross sales collected in admission fees, entry fees, registration fees and for donations in lieu thereof collected at the complex. (2) The city will receive five percent of gross sales involving programs, clothing, amusements, artwork, souvenirs, etc. (m) Signs and advertising will be permitted by the renter at the softball complex if displayed in a tasteful manner. Requests must be submitted in detail, including locations and methods of posting, to the parks and recreation director for approval. Signs and advertising must be attached by rope or string only. No tape, tacks or nails are permitted to affix signs. All signs, advertising, rope or string must be removed upon completion of the rental period. (n) The renter shall adhere to these policies. Failure to abide will affect future consideration of complex rental to the renter. Sec. 82 -164. Practices. (a) Reservations of available fields at the softball complex must be made in person at the parks and recreation athletic office from 8:00 a.m. to 5:00 p.m., Monday through Friday, from the second full week of February to the last full week of October. (b) Teams will not be permitted to make more than one reservation per weekday and one reservation per weekend. (c) Reservations for Monday may be made on the previous Friday. Reservations for any day of the week may be made Monday through Friday of that week. (d) Persons may come to the parks and recreation office on any weekday to inquire about field availability for that evening and, if available, may reserve it, provided they have not previously made a reservation for that week. (e) Practices will be limited to 11/2 hours per day per team. Practice times are as follows: 5:30 p.m. - -7:00 p.m. 7:00 p.m. - -8:30 p.m. 8:30 p.m.- -10:00 p.m. All teams must relinquish the field at the ending time of their reservation, not later. (f) All teams will be given either a reservation card or receipt of payment upon making the reservation in the athletic office. This card /receipt must be in the team's possession during practice and presented to city staff upon request for verification. Teams practicing without a valid reservation must vacate the field when asked. (g) Practices unable to be held due to inclement weather or light failure will be rescheduled upon presentation of the reservation card /receipt to the parks and recreation office within three working days of the canceled practice. If playing field conditions are questionable due to rain, the program coordinator will make the final decision on practices. (h) Practice fees shall be as follows: (1) Daytime and evening practices. a. For daytime practices not requiring light use, no charge. b. For evening practices (requiring light use) shall be charged for use of the Softball Complex, and the lighted ballfields in TESCO, Kiwanis, Jaycee, Jalonick, Bridwell, Scotland, Loch Lomond, Williams, and Spudder Parks, $10.00. (2) Payment of charges. These charges must be paid at the time reservations are made and will be made as follows: Y a. February, March, and November: 5:30, 7:00 and 8:30 p.m. practices. b. April and October: 7:00 and 8:30 p.m. practices. C. May through September: 8:30 p.m. practices. (i) All four fields at the complex will be available for practice reservations at the times listed in subsection (e) of this section. These fields will not be available for reservation if they are scheduled for city league or tournament games or extensive maintenance. (j) Teams making practice reservations are subject to cancellation at any time for usage other than practice. Teams being canceled will have the choice of the following: (1) Being relocated to a park athletic field, if available; (2) Being rescheduled at the complex or a park athletic field upon presentation of the reservation card or receipt to the parks and recreation office within three working days of cancellation; or (3) If a fee was paid, refund in full will be made. Sec. 82 -165. Rules of conduct. (a) No alcohol is to be brought on the premises of the softball complex. (b) Beer is not permitted on the field or player benches. (c) Smoking will not be allowed on the field or on player benches. (d) Profanity, vulgarity, unnecessary roughness, or misconduct of any kind will not be permitted at the complex. The renter is responsible for controlling or reporting any problems immediately to the police. Failure to do so will affect future rentals to the renter. Sec. 82 -166. Player equipment. (a) Players are permitted to wear tennis, rubber sole or plastic turf-type cleated shoes at the softball complex. (b) Metal spiked shoes are not permitted in the complex (except fast pitch tournaments). (c) Players will not be permitted to play barefoot or without shirts. (d) Players may wear approved shorts such as Bermuda or lower thigh length. Cutoffs, jogging, gym or tennis shorts are not permitted. (e) Teams must be in uniform in that game jerseys must be the same basic color and trim with numbers permanently affixed on the back, which shall not exceed two digits and which shall be a minimum of six inches high. No duplicate numbers are permitted. Sec. 82 -167. Vehicles in designated areas. When official signs are erected indicating no vehicles in certain areas in or around the softball complex, no person shall stop, stand or park a vehicle in any such designated place. Any person violating this section shall be guilty of a misdemeanor and shall upon conviction be punished by a fine as provided in section 1 -14. Secs. 82-168--82-220. Reserved." SECTION 2. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 5th day of February, 2002. AYOR ATTEST: