§ 74-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the following meanings, except where the context clearly indicates a different meaning:

Alcoholic beverage: Any beverage containing more than one-half of one percent of alcohol by volume.

Amplified sound: Music or speech projected or transmitted by artificial means including, but not limited to, amplifiers, loudspeakers or any similar devices.

Applicant: A person who has filed a written application for use of a park for a specific purpose.

Assembly: A group or gathering of persons for the purpose of deliberations, legislations, worship or entertainment.

Board: The park, recreation and open space advisory board.

Board and commission policy: City of McKinney Policy on Board and Commission Member Appointment and Eligibility, as it may be amended by the city council from time to time.

City: The City of McKinney, Texas.

Community-sponsored not-for-profit organization: A non-profit organization existing or operating within the city that has received recognition as a "department affiliate" by both the board and the city council.

Concession stand: A facility at a park where food or drink is offered to the public.

Department: The City of McKinney Parks and Recreation Department.

Director: The director of the department or his/her authorized representative.

Dangerous dog: As defined by the Texas Health and Safety Code.

Dog park: Enclosed fenced area designated by the city council and identified by signage at the entries to the fenced area, in which dogs are allowed to be off leash or unrestrained.

Event: A temporary organized activity, gathering or parade for fewer than 75 persons for a common purpose under the direction or control of a person, group of persons or entity, that requires closure of a park area to the general public, that significantly interferes with or effectively precludes normal use of a park area by the general public or that requires dedication of city resources beyond those normally associated with a park area.

Large dog: A dog that weighs 25 pounds or more.

McKinney Code: Code of Ordinances, City of McKinney, Texas.

Memorandum of understanding: A written agreement between the city and one or more persons allowing use of park areas and/or facilities for specified purposes including, but not limited to league games, practices and post season tournaments.

Motor vehicle: Any wheeled device of conveyance propelled by motor or engine, including without limitation, any automobile, motorcycle, motor bike, or trailer of any kind, size, or description. The term does not include vehicles owned by the city or operated on the city's behalf.

Nonresident: An individual or family that does not reside in the existing corporate limits of the city and/or attend a school located within the McKinney Independent School District.

Nonresident team: A team that has more than 45 percent of its participants that are defined as nonresidents.

Parade: The assembly of 30 or more persons whose gathering is for the common design and purpose of traveling or marching in procession from one location to another location and whose route includes a portion of a park.

Park: Any land held, used, owned, leased, maintained or acquired by the city for use as a public park, trail, recreation or playground area, and any building or facility thereon, whether or not such areas have been formally dedicated to such purpose.

Parking area: Any portion of any park or any park road or drive designated by the director for the parking of motor vehicles.

Park street: A road designed to carry motor vehicles constructed entirely within the property lines of a park, and that serves primarily the park within which it is located.

Permit: Written permission from the director to carry out a specified activity in a park.

Person: Any individual, legal entity, partnership, association, corporation or other organization.

Recognized user group: An association consisting of various sports associations who are formally approved to use park facilities within the city. Only one association will be approved annually per individual sport unless already in existence.

Reimbursable cost: Any costs incurred by the city in the staging of an event or activity, including, but not limited to, the following:

(1)

Utility services provided to the event, including all costs of installation, maintenance, connection and removal;

(2)

Food services inspection;

(3)

Repair, maintenance and removal of facilities in the event of a failure by the applicant;

(4)

Repair of streets, alleys, sidewalks, parks, and other public property;

(5)

Park staff support;

(6)

Police protection;

(7)

Fire protection;

(8)

Emergency medical service;

(9)

Garbage disposal and cleanup;

(10)

Traffic control;

(11)

Equipment including, but not limited to, bleachers, sound equipment, tents, tables and chairs; and

(12)

Other direct city costs associated with an event.

Resident: An individual or family that resides in the existing corporate limits of the city and/or attends a school located within the McKinney Independent School District.

Resident team: A team that has a minimum of 55 percent of its participants that are defined as residents.

Sidewalk: That portion of a park intended for the use of pedestrians which is located between the curb lines or the edge of the pavement of a park street and the adjacent property lines.

Skatepark: An open purpose-built recreational environment made for skateboarding, riding non-motorized scooters and inline skating that comprised of cityscapes, bowls and various obstacles designed for such purposes and specifically identified for such use by posted signage.

Small dog: A dog that weighs less than 25 pounds.

Special park event: A temporary organized activity, gathering or parade of 75 or more persons for a common purpose under the direction or control of a person, group of persons or entity, that requires closure of a park area to the general public, that effectively precludes normal use of a park area or that requires dedication of city resources beyond those normally associated with a park area. A special park event shall require compliance with chapter 87, Special Events, of the McKinney Code, or its successor ordinance and as it may be amended.

(Ord. No. 2015-06-057, § 2, 6-16-2015)