CHAPTER 1

GENERAL PROVISIONS

   ARTICLE 1.01 CODE OF ORDINANCES*

   Sec. 1.01.001     Adoption

There is hereby adopted the Code of Ordinances of the Town of Prosper, Texas, as compiled, edited and published by Franklin Legal Publishing, Inc. (Ordinance adopting Code)

   Sec. 1.01.002     Designation and citation of code

The ordinances embraced in this chapter and the following chapters, articles and sections shall constitute and be designated the “Code of Ordinances, Town of Prosper, Texas,” and may be so cited. (Ordinance adopting Code)

   Sec. 1.01.003     Catchlines of articles, divisions and sections

The catchlines of the several articles, divisions and sections of this code are intended as mere catchwords to indicate the contents of the article, division or section and shall not be deemed or taken to be titles of such articles, divisions and sections, nor as any part of the articles, divisions and sections, nor, unless expressly so provided, shall they be so deemed when any of such articles, divisions and sections, including the catchlines, are amended or reenacted. (Ordinance adopting Code)

State law reference–Headings of statutes, V.T.C.A., Government Code, sec. 311.024.

   Sec. 1.01.004     Definitions and rules of construction

In the construction of this code and of all ordinances and resolutions passed by the town council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the town council:

Generally. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.

Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.

State law reference–Computation of time, V.T.C.A., Government Code, sec. 311.014.

Council. Whenever the term “council” or “town council” or “the council” is used, it shall mean the town council of the Town of Prosper, Texas.

State law reference–References to municipal governing body and to members of municipal governing body, V.T.C.A., Local Government Code, sec. 21.002.

County. The term “county” or “this county” shall mean the County of Collin and/or the County of Denton, Texas.

Delegation of authority. Whenever a provision of this Code of Ordinances requires or authorizes an officer or employee of the town to do some act or perform some duty, it shall be construed to authorize such officer or employee to designate, delegate and authorize subordinates to perform the act or duty unless the terms of the provision specifically designate otherwise.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations, as well as to males.

State law reference–“Gender” defined, V.T.C.A., Government Code, sec. 312.003(c).

Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.

State law reference–Grants of authority, V.T.C.A., Government Code, sec. 312.004.

May. The word “may” is permissive.

State law reference–Construction of word “may,” V.T.C.A., Government Code, sec. 311.016.

Month. The word “month” shall mean a calendar month.

State law reference–“Month” defined, V.T.C.A., Government Code, sec. 312.011.

Must and shall. Each is mandatory.

State law reference–Construction of words “must” and “shall,” V.T.C.A., Government Code, sec. 311.016.

Number. Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular.

State law reference–“Number,” V.T.C.A., Government Code, sec. 312.003(b).

Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

State law reference–“Oath,” “swear” and “sworn” defined, V.T.C.A., Government Code, sec. 312.011.

Official time standard. Whenever certain hours are named in this code, they shall mean standard time or daylight saving time, as may be in current use in the town.

State law reference–Standard time, V.T.C.A, Government Code, sec. 312.016.

Or, and. The word “or” may be read “and,” and the word “and” may be read “or,” as the sense requires it.

Owner. The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

Person. The word “person” shall extend and be applied to associations, corporations, firms, partnerships, organizations, business trusts, estates, trusts, and bodies politic and corporate, as well as to individuals.

State law reference–“Person” defined, V.T.C.A., Government Code, sec. 311.005.

Preceding, following. The terms “preceding” and “following” mean next before and next after, respectively.

Property. The word “property” shall mean and include real and personal property.

State law reference–“Property” defined, V.T.C.A., Government Code, sec. 311.005.

Real property. The term “real property” shall mean and include lands, tenements and hereditaments.

Sidewalk. The word “sidewalk” shall mean that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

Signature or subscription. A signature or subscription shall include a mark when a person cannot write.

State law reference–“Signature” and “subscribe” defined, V.T.C.A., Government Code, sec. 312.011.

State. The term “the state” or “this state” shall be construed to mean the State of Texas.

Street. The word “street” shall have its commonly accepted meaning and shall include highways, sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way, including the entire right-of-way.

Tense. Words used in the past or present tense include the future, as well as the past and present.

State law reference–“Tense,” V.T.C.A., Government Code, sec. 312.003(a).

Town and city. Each means the Town of Prosper, Texas.

Town administrator, town secretary, chief of police or other town officers. The term “town administrator,” “town secretary,” “chief of police” or other town officer or department shall be construed to mean the town administrator, town secretary, chief of police or such other municipal officer or department, respectively, of the Town of Prosper, Texas.

V.T.C.S., V.T.P.C., V.T.C.C.P., V.T.C.A. Such abbreviations refer to the divisions of Vernon's Texas Statutes Annotated.

Written or in writing. The term “written” or “in writing” shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise.

State law reference–“Written” or “in writing” defined, V.T.C.A., Government Code, sec. 312.011.

Year. The word “year” shall mean a calendar year.

State law reference–“Year” defined, V.T.C.A., Government Code, sec. 312.011.

(Ordinance adopting Code)

   Sec. 1.01.005     Severability of parts of code

It is hereby declared to be the intention of the town council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code, since the same would have been enacted by the town council without the incorporation in the code of any such unconstitutional phrase, clause, sentence, paragraph or section. (Ordinance adopting Code)

State law reference–Severability of statutes, V.T.C.A., Government Code, sec. 312.013.

   Sec. 1.01.006     Repeal of ordinances

The repeal of an ordinance or any portion thereof shall not repeal the repealing clause of an ordinance or revive any ordinance which has been previously repealed. (Ordinance adopting Code)

State law reference–Effect of repeal of statutes, V.T.C.A., Government Code, sec. 311.030.

   Sec. 1.01.007     Amendments or additions to code

All ordinances of a general and permanent nature, and amendments to such ordinances, hereafter enacted or presented to the town council for enactment, shall be drafted, so far as possible, as specific amendments of, or additions to, the Code of Ordinances. Amendments to this code shall be made by reference to the chapter and section of the code which is to be amended, and additions shall bear an appropriate designation of chapter, article and section; provided, however, the failure to do so shall in no way affect the validity or enforceability of such ordinances. (Ordinance adopting Code)

   Sec. 1.01.008     Supplementation of code

(a)     By contract or by town personnel, supplements to this code shall be prepared and printed whenever authorized or directed by the town council. A supplement to the code shall include all substantive permanent and general parts of ordinances passed by the town council during the period covered by the supplement and all changes made thereby in the code. The pages of a supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages that have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)     In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by omission thereof from reprinted pages.

(c)     When preparing a supplement to this code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1)     Organize the ordinance material into appropriate subdivisions;

(2)     Provide appropriate catchlines, headings and titles for articles, sections and other subdivisions of the code printed in the supplement and make changes in such catchlines, headings and titles;

(3)     Assign appropriate numbers to articles, sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing article or section or other subdivision numbers;

(4)     Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this section,” “this subsection,” etc., as the case may be; and

(5)     Make other nonsubstantive changes necessary to preserve the original meaning of ordinance material inserted into the code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code.

(Ordinance adopting Code)

   Sec. 1.01.009     General penalty for violations of code; continuing violations

Whenever in this code or in any ordinance of the town an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this code or any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00). A fine or penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning or public health and sanitation, including the dumping of refuse, may not exceed two thousand dollars ($2,000.00). However, no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense. In the event that any such violation is designated as a nuisance under the provisions of this code, such nuisance may be summarily abated by the town. In addition to the penalty prescribed above, the town may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. (Ordinance adopting Code)

State law reference–Penalty for violations, V.T.C.A., Local Government Code, sec. 54.001.

   ARTICLE 1.02 TOWN COUNCIL

   Division 1. Generally

   Secs. 1.02.001–1.02.030     Reserved

   Division 2. Authority

   Sec. 1.02.031     Authority of town charter

The provisions of this article are authorized by section 3.13 of the town charter, which provides, in part, that the town council shall determine, which may be done by ordinance, resolution or otherwise, its own rules of order and business.

   Sec. 1.02.032     Applicability of rules of order and procedure

Unless otherwise provided, the rules of order and procedure adopted herein, as amended from time to time, shall apply to all boards, commissions, and committees of the town.

   Sec. 1.02.033     Councilmember appointments and assignments

The mayor and town council confirm councilmember appointments to outside agencies, committees, task forces, boards, and commissions. Councilmembers shall provide a link for representing the values, beliefs, and position of the town council to these entities, and will periodically report to the town council on the activities of these entities.

   Sec. 1.02.034     Councilmember participation in community activities

From time to time, councilmembers may choose to participate in community activities, events, and task forces. When a councilmember participates in such activities, the councilmember is acting as an interested party rather than acting on behalf of the town council. Acting or participating on behalf of the town council is limited to those instances when the town council has formally designated the councilmember as its representative for the matter.

   Secs. 1.02.035–1.02.060     Reserved

   Division 3. Council Meetings

   Sec. 1.02.061     Regular meetings

Regular meetings of the town council shall be held on the second and fourth Tuesdays of each month. The meetings will begin at 6:00 p.m., unless the time is otherwise modified by a posted agenda, and will be held at a location specified on the posted agenda.

   Sec. 1.02.062     Special and emergency council meetings

Special or emergency meetings of the town council may be called in conformity with the town charter and state law.

State law reference–Texas Government Code, sec. 551.045.

   Sec. 1.02.063     Executive sessions (closed meetings)

The town council may meet in executive session during any regular or special meeting, or anytime otherwise authorized by state law, to consider or hear any matter which is authorized by state law to be heard or considered in executive session.

   Secs. 1.02.064–1.02.090     Reserved

   Division 4. Order of Business

   Sec. 1.02.091     General order

(a)     Town council meetings will be generally conducted in the following order, unless otherwise specified.

(b)     Regular meeting agenda:

(1)     Call to order and announce a quorum is present (the mayor may announce the reason a councilmember is not in attendance of a meeting if requested beforehand by the absent councilmember).

(2)     Invocation and pledge of allegiance.

(3)     Announcements/public recognition.

(4)     Presentations.

(5)     Consent agenda/approval of minutes.

(6)     Citizens' comments.

(7)     Regular agenda.

(8)     Public hearings.

(9)     Department items.

(10)     Executive session.

(11)     Adjournment.

   Sec. 1.02.092     Announcements and public recognition

All special presentations and announcements will be calendared and coordinated through the town secretary. A period of time, generally not to exceed fifteen (15) minutes, will be set aside for public recognition at each town council meeting. Members of the town council shall have the opportunity to notify others of community events, functions, and other activities.

   Sec. 1.02.093     Consent agenda

The consent agenda shall contain routine, noncontroversial items that require town council action, but generally need little or no town council deliberation. Agenda items may be removed from the consent agenda at the request of a councilmember or town staff, and thereafter shall be considered after approval of the remaining items on the consent agenda.

   Sec. 1.02.094     Standard adjournment

The town council establishes 11:30 p.m. as the hour of adjournment and will not continue beyond that time without a majority vote of the town council. To assist in making the determination to continue an item under consideration, the town council should find that discussion, deliberation, and action on the item could be concluded by 12:00 midnight. If agenda items remain after the 11:30 p.m. adjournment, a special meeting may be scheduled or the items deferred until the next regular meeting.

   Secs. 1.02.095–1.02.120     Reserved

   Division 5. Rules of Conduct

   Sec. 1.02.121     General procedure

Robert's Rules of Order, newly revised, is adopted and shall prevail if there are procedural questions not addressed by state law and any applicable town ordinance, statute or other legal requirement.

   Sec. 1.02.122     Authority of mayor

Subject to appeal to the full town council, the mayor shall have the authority to prevent the misuse of motions, the abuse of privilege, or the obstruction of the business of the town council by ruling any such matter out of order. In so ruling, the mayor shall be courteous and fair, and should presume that the moving party is acting in good faith. The mayor will assist the town council in focusing agenda discussions and deliberations.

   Sec. 1.02.123     Council deliberation and speaking order

The mayor is hereby delegated the responsibility to control the debate and speaking order of the town council. Town councilmembers will generally be called upon by the mayor in the order of the request to speak or by seating order. With the concurrence of the mayor, a councilmember holding the floor may address a question to another councilmember and that councilmember may respond while the floor is still held by the councilmember asking the question. A councilmember may opt not to answer questions while another councilmember has the floor. Councilmembers shall limit their comments to the subject matter or motion being currently considered by the town council.

   Sec. 1.02.124     Length of councilmember comments

Councilmembers will govern themselves as to the length of their comments or presentation. As a courtesy, the mayor will signal by hand to a councilmember who has been speaking for over five (5) minutes. This procedure is not meant to limit debate or to cut comments short, but rather to assist councilmembers in their efforts to communicate concisely.

   Sec. 1.02.125     Obtaining the floor

Any member of the town council wishing to speak must first obtain the floor by being recognized by the mayor. The mayor must recognize any councilmember who seeks the floor when appropriately entitled to do so.

   Sec. 1.02.126     Motions

Motions may be made by any member of the town council, including the presiding officer, provided that before the presiding officer offers a motion, the opportunity for making a motion should be offered to other members of the town council. Any member of the town council, other than the person offering the motion, may second a motion.

   Sec. 1.02.127     Procedures for motions

The following is the general procedure for making motions:

(1)     Before a motion can be considered or debated, it must be seconded.

(2)     A councilmember who wishes to make a motion should do so through a verbal request to the mayor.

(3)     A councilmember who wishes to second a motion should do so through a verbal request to the mayor.

(4)     Once the motion has been properly made and seconded, the mayor shall open the matter for discussion, generally offering the first opportunity to the moving party and, thereafter, to any councilmember properly recognized by the mayor.

(5)     Once the matter has been fully discussed and the mayor calls for a vote, no other discussion will be allowed, provided, however, councilmembers may be allowed to explain their votes.

   Sec. 1.02.128     Nonobservance of rules

Rules hereby adopted to expedite and facilitate the transaction of the business of the town council in an orderly fashion shall be deemed to be procedural only, and the failure to strictly observe any such rules shall not affect the jurisdiction of, or invalidate any action taken by the town council.

   Secs. 1.02.129–1.02.160     Reserved

   Division 6. Public Hearings

   Sec. 1.02.161     General procedure

The town council procedure for the conduct of public hearings is generally as follows:

(1)     Town staff presents its report.

(2)     Councilmembers may ask questions of staff.

(3)     The applicant or appellant will then be provided the opportunity to present comments, testimony, or arguments. In the case of an appeal when the appellant is different from the applicant, the appellant should be called upon first to provide comments or testimony. The applicant or appellant shall have a total of fifteen (15) minutes for a presentation when recognized by the mayor or presiding officer. The initial comments or presentation shall be limited to ten (10) minutes and their rebuttal or concluding comments shall be limited to five minutes unless extended by a majority vote of the town council.

(4)     Councilmembers may ask questions of the applicant and/or appellant.

(5)     The mayor opens the public hearing (it is not necessary to entertain a motion to open a public hearing if the public hearing is posted on the agenda).

(6)     Members of the public are provided with the opportunity to ask questions or make comments relevant to the matter being heard. All individuals addressing the council shall state their name and address for the record.

(7)     The applicant or appellant is provided with the opportunity for rebuttal or concluding comments. In the case of an appeal when the appellant is different from the applicant, both are given the opportunity for closing comments.

(8)     The mayor closes the public hearing (it is not necessary to entertain a motion to close a public hearing).

(9)     The town council deliberates on the issue.

(10)     If the town council raises new issues through deliberation and seeks to take additional public testimony, the public hearing must be reopened. At the conclusion of the public testimony, the public hearing shall be closed.

(11)     The town council further deliberates, makes motions, if any, and takes action.

(12)     The mayor announces the final decision of the town council.

   Sec. 1.02.162     Public member request to speak at public hearing

(a)     Any person wishing to speak at a public hearing scheduled on the agenda shall complete a public meeting appearance card prior to the matter being reached, and present it to the town secretary. Upon being recognized by the mayor, the person may speak or present evidence relevant to the matter being heard. No person may speak without first being recognized by the mayor. All persons wishing to speak on the matter shall be limited to three (3) minutes each, and there shall be a cumulative limit of sixty (60) minutes for all those speaking in favor of an item and a like limit for those speaking in opposition. The time limit may be extended by a majority vote of the town council.

(b)     The mayor, with approval of a majority of the town council, may alter any of the enumerated time allocations based on the complexity of the item and the number of persons wishing to speak on the item.

(c)     Members of the town council who wish to ask questions of the speakers or each other during the public hearing portion may do so, but only after first being recognized by the mayor. Interaction with the speaker shall be limited to a question or questions, rather than an ongoing dialog.

(d)     All persons interested in the matter being heard by the town council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented will be retained by the town secretary's office as part of the record of the hearing, in accordance with the requirements of state law.

   Secs. 1.02.163–1.02.190     Reserved

   Division 7. Addressing the Town Council

   Sec. 1.02.191     Citizens' comments

(a)     This portion of the town council meeting is set aside for members of the public to address the town council on any item of business that is not formally scheduled on the agenda or scheduled as a public hearing. Members of the public shall complete a public meeting appearance card prior to the item being heard and present it to the town secretary.

(b)     Citizens' comments are generally permitted at the beginning of the regular town council meeting, as specified on the agenda. Presentations shall be limited to three (3) minutes each, but may be extended for an additional two (2) minutes with approval of a majority of the town council. Citizens' comments shall be limited to a cumulative total not to exceed fifteen (15) minutes for all speakers unless extended by a majority vote of council.

(c)     In compliance with the Texas Open Meetings Act, the town council may not deliberate or vote on any matter raised in citizens' comments, except for the purpose of determining whether such matter should be placed on a future town council agenda. The mayor, however, may request the town manager to provide additional information on a matter of general interest to the full town council, the public at-large, and to the citizen making the comment.

   Sec. 1.02.192     PowerPoint presentations

(a)     Members of the public may present a PowerPoint software presentation to the town council utilizing the town's audio/visual equipment or their own equipment.

(b)     All PowerPoint presentations must be submitted to the town secretary, or appropriate staff, on a staff-approved format not later than noon of the day prior to the town council meeting to allow for virus checks and confirm compatibility with town equipment.

(c)     Any CD, flash drive, or other form of media storage submitted that is believed to contain a virus or is unable to be scanned for viruses by town equipment will not be permitted to be used on town equipment.

(d)     If compatibility or viruses are at issue, a member of the public may provide a printed hard copy of the PowerPoint presentation to the town council and staff or run the PowerPoint presentation on the person's own equipment.

   Sec. 1.02.193     Public meeting appearance cards

Public meeting appearance cards may be used by members of the public who are present, but do not wish to or cannot verbally address the town council during a meeting. A person may indicate his/her comments and support or opposition for an agenda item on a public meeting appearance card. During the public testimony regarding the item, the mayor will indicate that the town council has received written comments from (name of persons) in support of the project or issue and from (name of persons) in opposition. The minutes will reflect the town council's receipt of written comments in support or opposition of the project or issue.

   Secs. 1.02.194–1.02.230     Reserved

   Division 8. Waiver and Exclusivity of Rules

   Sec. 1.02.231     Waiver of rules

Any of the foregoing rules in this article may be waived or suspended by a majority vote of the councilmembers present when it is deemed that there is good cause to do so, based upon the particular facts and circumstances involved.

   Sec. 1.02.232     Nonexclusive rules

The rules set forth in this article are not exclusive and do not limit the inherent power and general legal authority of the town council, or of its presiding officer, to govern the conduct of town council meetings as may be considered appropriate from time to time, or in particular circumstances, for purposes of orderly and effective conduct of the affairs of the town.

   Secs. 1.02.233–1.02.260     Reserved

   Division 9. Procedures; Administration

   Sec. 1.02.261     Adherence to procedures

During town council discussions, deliberations, and proceedings, the mayor has the primary responsibility to ensure that the town council, staff, and members of the public adhere to the council's adopted procedures.

   Sec. 1.02.262     Town attorney as procedure advisor

The town attorney shall assist the mayor and town council as a resource and as an advisor for interpreting this article.

(Ordinance 13-63 adopted 12/10/13)

   ARTICLE 1.03 ADMINISTRATION

   Sec. 1.03.001     Official newspaper

The Dallas Morning News (Collin County Edition) is established as the official newspaper for the town until another selection is made by the town council. (Resolution 03-53, sec. 2, adopted 8/12/03)

State law reference–Designation of official newspaper by municipality, V.T.C.A., Local Government Code, sec. 52.004.

   Sec. 1.03.002     Authority of town manager to execute certain agreements, contracts and grant applications

(a)     Authority of town manager to sign contracts. The town manager shall have authority to sign all contracts not to exceed $25,000.00 without first obtaining town council approval of each such contract to the extent only that funds have previously been allocated in the town's annual budget and are available for the purpose of said contract, and further provided that town council approval of said contract is not otherwise required by law.

(b)     Authority of town manager to approve change orders. The town manager shall have authority relative to public improvements or purchases subject to the competitive sealed bidding and competitive sealed proposal requirements of chapter 252 of the Texas Local Government Code, as amended, to approve change orders involving an increase or decrease in the amount of $25,000.00 or less, without approval of the town council.

(c)     Authority to sign interlocal agreements. The town manager shall have the authority to sign any and all interlocal agreements between the town and any governmental entity authorized to enter into such interlocal agreements, pursuant to chapter 791 of the Texas Government Code, as amended, without first obtaining town council approval of such interlocal agreement. The town manager's authority to sign such interlocal agreements is limited to those interlocal agreements that do not require any expenditure in excess of $25,000.00.

(Ordinance 13-53 adopted 9/24/13)

(d)     Authority of town manager to sign grant applications. The town manager shall have authority to sign grant applications, and related documentation, for prospective grants of less than $25,000.00 without first obtaining town council approval of each such grant. For prospective grants of $25,000.00 or more, the town manager may sign grant applications, and related documentation, and thereafter seek ratification of the grant application, and related documentation, by the town council. (Ordinance 16-75 adopted 12/13/16)

   ARTICLE 1.04 BOARDS, COMMISSIONS AND COMMITTEES*

   Division 1. Generally

   Secs. 1.04.001–1.04.030     Reserved

   Division 2. Library Board

   Sec. 1.04.031     Establishment

There is hereby created and established within the town a library board which shall be subject to the jurisdiction of the town council and shall constitute an advisory board to the town council.

(Ordinance 14-64 adopted 9/23/14)

   Sec. 1.04.032     Number of members

(a)     The library board shall be composed of seven (7) members appointed by the town council. Members of the library board shall be a resident of the town or reside within the town's extraterritorial jurisdiction.

(b)     The members shall serve at the pleasure of the town council and may be removed at the discretion of the town council.

(Ordinance 14-64 adopted 9/23/14; Ordinance 2020-11 adopted 2/25/20)

   Sec. 1.04.033     Term of office

The term of office of each library board regular member shall be two (2) years. Places 2, 4, and 6 shall be appointed in even-numbered years, and places 1, 3, 5, and 7 shall be appointed in odd-numbered years.

   Sec. 1.04.034     Chair/vice-chair/quorum and procedure

(a)     The library board shall have a chair and vice-chair whose terms shall be one (1) year, but not more than two (2) consecutive terms in one office and no regular member shall serve for a total period of more than two (2) consecutive years as chair or vice-chair.

(b)     At the first scheduled meeting of the board in October of each year, or as soon as practicable, the first item of business shall be the selection of the board's chair and vice-chair. The chair and vice-chair shall be appointed by a majority vote of the board. Four (4) regular members of the library board shall constitute a quorum for transaction of business.

(1)     The chair shall preside over meetings and shall be entitled to vote upon each issue.

(2)     The vice-chair shall assist the chair in directing the affairs of the library board. In the absence of the chair, the vice-chair shall assume all duties of the chair.

(3)     In the event of resignation or incapacity of the chair; the vice-chair shall become the chair for the unexpired portion of the term.

(4)     A vacancy of the office of vice-chair shall be filled for the unexpired term by special election of the board.

(5)     The chair shall preside at all meetings; represent the library board at public functions of the town and at events such as special library events, local, state, or national advocacy activities for the library or for local, state, or national association activities; appoint standing, special, or ad hoc committees; assist the library director in establishing the agenda for each meeting (agenda items requested by any library board member will be included); and act as liaison with the town council regarding library issues.

(6)     The vice-chair shall assist the chair in directing the affairs of the library board and act in the chair's absence; and serve as chair of ad hoc or special committees or projects such as chair of an advocacy initiative.

(c)     A simple majority of the regular members shall constitute a quorum at all meetings of the library board. If a quorum is not present, the meeting shall be cancelled. All questions presented for a vote of the library board shall be decided by a simple majority of the quorum, including the vote of the chair. Robert's Rules of Order, newly revised, shall govern the parliamentary procedure of the library board in all cases to which they are applicable.

   Sec. 1.04.035     Meetings

The regular meeting of the library board shall be held monthly, at a time designated by the library board, in the library or such other place the library board may determine and at such other times as the library board, town council, and/or the library director deem necessary and appropriate. All meetings shall be held in a public place with public notice as prescribed by law.

   Sec. 1.04.036     Absences

Library board regular members are expected to maintain regular attendance at meetings in accordance with the attendance policy established by the town charter and the board and commission appointment policies and procedures.

   Sec. 1.04.037     Powers and authority

Library board members provide opinion, support, and expertise as needed, but do not have governing authority. Library board members shall:

(1)     Provide advice and counsel to the library director, executive director of development and community services, the town manager, and the town council, as requested, in matters relating to the services rendered by the library.

(2)     Study the need for, and encourage the development of, adequate library facilities.

(3)     Recommend general policies of library service for approval by the town council.

(4)     Recommend to the town council suggested programs for the development of library facilities and necessary financial support for those facilities.

(5)     Receive, in the name of and for the town, donations, gifts, and bequests whether of land, money, securities, books, and manuscripts, collections of historical nature or materials, or local historical relics to be devoted to library uses or purposes.

(6)     Make any recommendations to the town council regarding library matters that it deems advisable.

(7)     Assist in strategic planning.

(8)     The library board shall develop for town council review the rules and regulations as may be prescribed by the town council for the conduct of its business.

(9)     Encourage in every possible way the development and advancement of the public library at local, regional, state, and national levels.

(10)     Participate in advocacy initiatives including, but not limited to, local issues, including funding issues and requests, state advocacy activities, and federal advocacy initiatives.

(Ordinance 14-64 adopted 9/23/14)

   ARTICLE 1.05 EMERGENCY MANAGEMENT*

   Division 1. Generally

   Sec. 1.05.001     Incident management

The National Interagency Incident Management System (NIMS) is designated as the town standard for incident management. (Resolution 05-25, sec. 1, adopted 5/24/05)

   Secs. 1.05.002–1.05.030     Reserved

   Division 2. Plan

   Sec. 1.05.031     Organization

(a)     There exists the office of emergency management director of the town, which shall be held by the mayor. (Ordinance 93-03, sec. 1, adopted 8/10/93; Ordinance adopting Code)

(b)     An emergency management coordinator may be appointed by and serve at the pleasure of the director.

(c)     The director shall be responsible for a program of comprehensive emergency management within the town and for carrying out the duties and responsibilities set forth in this division. He may delegate authority for execution of these duties to the coordinator, but ultimate responsibility for such execution shall remain with the director.

(d)     The operational emergency management organization of the town shall consist of the officers and employees of the town so designated by the director in the emergency management plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan.

(Ordinance 93-03, sec. 1, adopted 8/10/93)

   Sec. 1.05.032     Director's powers and duties

The duties and responsibilities of the emergency management director shall include the following:

(1)     Conduct an ongoing survey of actual potential hazards which threaten life and property within the town and an ongoing program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur.

(2)     Supervision of the development and approval of an emergency management plan for the town, and shall recommend for adoption by the town council all mutual aid arrangements deemed necessary for the implementation of such plan.

(3)     Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of 7 days except by or with the consent of the town council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the town secretary.

(4)     Issuance of necessary proclamations, regulations or directives which are necessary for carrying out the purposes of this division. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring their contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the town secretary.

(5)     Direction and control of the operations of the town emergency management organization as well as the training of emergency management personnel.

(6)     Determination of all questions of authority and responsibility that may arise within the emergency management organization of the town.

(7)     Maintenance of liaison with other municipal, county, district, state, regional or federal emergency management organizations.

(8)     Marshaling of all necessary personnel, equipment or supplies from any department of the town to aid in the carrying out of the provisions of the emergency management plan.

(9)     Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which said town is located and with other municipalities within the county, for the countywide coordination of emergency management efforts.

(10)     Supervision of and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the town.

(11)     Authorizing of agreements, after approval by the town attorney, for use of private property for public shelter and other purposes.

(12)     Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein.

(13)     Other requirements as specified in the Texas Disaster Act 1975 (V.T.C.A., Government Code, ch. 418).

(Ordinance 93-03, sec. 2, adopted 8/10/93)

   Sec. 1.05.033     Development and maintenance of plan

A comprehensive emergency management plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this division. As provided by state law, the plan shall follow the standards and criteria established by the state division of emergency management. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the state division of emergency management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this division and has the effect of law during the time of a disaster. (Ordinance 93-03, sec. 3, adopted 8/10/93)

   Sec. 1.05.034     Reserved

Editor's note–Former section 1.05.034 pertaining to the interjurisdictional program and deriving from Ordinance 93-03, sec. 3, adopted 8/10/93, was repealed and deleted in its entirety by Ordinance 18-21 adopted 3/27/18.

   Sec. 1.05.035     Override

At all times when the orders, rules, and regulations made and promulgated pursuant to this division shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. (Ordinance 93-03, sec. 5, adopted 8/10/93)

   Sec. 1.05.036     Liability

This division is an exercise by the town of its governmental functions for the protection of the public peace, health, and safety, and neither the town, the agents and representatives of said town, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule, or regulation promulgated pursuant to the provisions of this division shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the town a license or privilege or otherwise permits the town to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural or manmade disaster shall, together with his successors in interest, if any, not be civilly liable for the death of or injury to any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. (Ordinance 93-03, sec. 6, adopted 8/10/93)

   Sec. 1.05.037     Commitment of funds

No person shall have the right to expend any public funds of the town in carrying out any emergency management activity authorized by this division without prior approval by the town council, nor shall any person have any right to bind the town by contract, agreement or otherwise without prior and specific approval of the town council unless during a declared disaster. During a declared disaster, the mayor may expend and/or commit public funds of the town when deemed prudent and necessary for the protection of health, life, or property. (Ordinance 93-03, sec. 7, adopted 8/10/93)

   Sec. 1.05.038     Offenses; penalties

(a)     It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this division, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this division.

(b)     It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the emergency management organization of the town, unless authority to do so has been granted to such person by the proper officials.

(c)     Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or the termination of a warning, shall be deemed guilty of a violation of this division and shall be subject to the penalties imposed by this division.

(d)     Convictions for violation of the provisions of this division shall be punishable by law.

(Ordinance 93-03, sec. 8, adopted 8/10/93)

   Sec. 1.05.039     Limitations

This division shall not be construed so as to conflict with any state of federal statute or with any military or naval order, rule, or regulation. (Ordinance 93-03, sec. 10, adopted 8/10/93)

   ARTICLE 1.06 RECORDS MANAGEMENT*

   Sec. 1.06.001     Definitions

Department head. The officer who by ordinance or administrative policy is in charge of an office of the town that creates or receives records.

Permanent record. Any record of the town for which the retention period on a records control schedule is given as permanent.

Record retention schedule. A document prepared by or under the authority of the records management officer listing the records maintained by the town, their retention periods, and other records disposition information that the records management program may require.

Records management. The application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of records control schedules, the management of filing and information retrieval systems, the protection of vital and permanent records, the economical and space-effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems.

Records management officer. The person designated in section 1.06.005 of this article.

Records management plan. The plan developed under section 1.06.006 of this article.

Retention period. The minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction.

Town record. Any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic media, or other information-recording media, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by the town or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business is hereby declared to be a record of the town, and such record shall be created, maintained, and disposed of in accordance with provisions of this article and procedures authorized by it.

Vital record. Any record of the town necessary to the resumption or continuation of its operations in an emergency or disaster, to the re-creation of its legal and financial status, or to the protection and fulfillment of obligations to the people of the state.

   Sec. 1.06.002     Town records declared public property

All town records as defined in this article are hereby declared to be property of the town. No town official or employee has, by virtue of his/her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited.

   Sec. 1.06.003 Policy

It is hereby declared to be the policy of the town to provide for a records management program that will provide efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all town records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Texas Local Government Records Act and accepted records management practices.

   Sec. 1.06.004     Adoption of records retention schedules

The State Library and Archives Commission Local Government Retention Schedules, as they exist or may be amended, are hereby adopted as the records retention schedules of the town. All records of the town shall be maintained and kept in accordance with this article and the adopted records retention schedules.

   Sec. 1.06.005     Designation of records management officer

The town secretary, and the successive holders of said office, or his/her designee, shall serve as records management officer for the town. As provided by state law, each successive holder of the office shall file his/her name with the director and librarian of the state library within thirty days of the initial designation, or of taking up the office, as applicable.

   Sec. 1.06.006     Records management plan to be developed; approval of plan; authority of plan

(a)     The records management officer shall develop and implement a records management plan for the town for approval by the town manager. The plan must contain administrative policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the vital records of the town, and to properly preserve those records of the town that are of historical value. The plan must be designed to enable the records management officer to carry out his/her duties prescribed by state law and this article effectively.

(b)     Once approved by the town manager, the records management plan shall be binding on all offices, departments, divisions, programs, commissions, boards, commissions, committees, or similar entities of the town, and records shall be created, maintained, stored, scanned, or disposed of in accordance with the plan.

   Sec. 1.06.007     Duties of records management officer

In addition to other duties assigned in this article, the records management officer shall have the following duties:

(1)     Administer the records management plan and provide assistance to department heads in its implementation.

(2)     Plan, formulate, and prescribe basic records management and records disposition policies, systems, standards, and procedures.

(3)     In cooperation with town officials and department heads, identify vital and permanent records and establish a disaster plan for each town office and department to ensure maximum availability of records for reestablishing operations quickly and with minimum disruption and expense.

(4)     Develop procedures to ensure the permanent preservation of the historically valuable records of the town.

(5)     Monitor records retention schedules and administrative rules issued by the state library and archives commission to determine if the records management program is in compliance with state regulations.

(6)     Disseminate to town officials and department heads information concerning state laws and administrative rules relating to local government records.

(7)     Ensure that the maintenance, preservation, destruction, or other disposition of the records of the town are carried out in accordance with the policies and procedures of the records management program and the requirements of state law.

(8)     Maintain records on the volume of records destroyed under approved record retention schedules.

   Sec. 1.06.008     Duties of town officials and department heads

(a)     Cooperate with the records management officer in carrying out the policies and procedures established by the town for the efficient and economical management of records and in carrying out the requirements of this article.

(b)     Adequately document the transaction of government business and the services, programs, and duties for which the department head and his/her staff are responsible.

(c)     Maintain the records in his/her care and carry out their preservation, destruction, or other disposition of records only in accordance with the policies and procedures of the records management plan of the town and the requirements of this article.

(d)     Designate at least one qualified staff member in his/her department to serve as records liaison officer for the implementation of this article and other applicable town policies.

   Sec. 1.06.009     Public access to records

All requests received for records, and any fees or charges made therefor (including fees for research and all other fees authorized by state law), shall be handled by the town secretary or his/her designee in accordance with the Texas Public Information Act, chapter 552 of the Texas Government Code, as it exists or may be amended. Any fees shall be collected by the town secretary, or his/her designee, prior to or upon the distribution of said records to members of the public.

   Sec. 1.06.010     Destruction of records under record retention schedules

A record whose retention period has expired on a record retention schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending law suit, or the department head requests in writing to the records management officer that the record be retained for an additional period.

(Ordinance 2020-08 adopted 2/25/20)

   ARTICLE 1.07 CLAIMS AGAINST TOWN*

   Sec. 1.07.001     Notice

The town shall never be liable for any claim for property damage or for personal injury, whether such personal injury results in death or not, unless the person damaged or injured, or someone in his behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death or injury, shall, within six (6) months from the date the damage or injury was received, give notice in writing to the mayor and town council of the following facts:

(1)     The date and time when the injury occurred and the place where the injured person or property was at the time when the injury was received.

(2)     The nature of the damage or injury sustained.

(3)     The apparent extent of the damage or injury sustained.

(4)     A specific and detailed statement of how and under what circumstances the damage or injury occurred.

(5)     The amount for which each claimant will settle.

(6)     The actual place of residence of each claimant by street, number, city and state on the date the claim is presented.

(7)     In the case of personal injury or death, the names and addresses of all persons who, according to the knowledge or information of the claimant, witnessed the happening of the injury or any part thereof and the names of the doctors, if any, to whose care the injured person is committed.

(8)     In the case of property damage, the location of the damaged property at the time the claim was submitted along with the names and addresses of all persons who witnessed the happening of the damage or any part thereof.

(Ordinance 95-05, sec. 1, adopted 3/14/95)

   Sec. 1.07.002     Suit after denial of claim

No suit of any nature whatsoever shall be instituted or maintained against the town unless the plaintiff establishes that prior to the filing of the original petition the plaintiff applied to the town council for redress, satisfaction, compensation, or relief, as the case may be, and that the same was refused by vote of the town council. (Ordinance 95-05, sec. 2, adopted 3/14/95)

   Sec. 1.07.003     Service and receipt of notice

All notice required by this article shall be effectuated by serving it upon the town secretary at the following location: Town of Prosper, 109 South Main Street, Prosper, Texas 75078, and all such notices shall be effective only when actually received in the office of the person named above. (Ordinance 95-05, sec. 3, adopted 3/14/95)

   Sec. 1.07.004     Waiver of notice requirements

(a)     The written notice requirements shall not apply if the town has actual knowledge of death, injury or property damage which is likely to result in a claim against the town. The town shall not be deemed to have actual knowledge unless that knowledge is attributable to an appropriate town official whose job duties include the authority to investigate and/or settle claims against the town. (Ordinance 95-05, sec. 4, adopted 3/14/95)

(b)     Notice requirements shall likewise be waived in cases in which the plaintiff can demonstrate good cause or civil rights violations. (Ordinance adopting Code)

   Sec. 1.07.005     Oath of claimant

The written notice required under this article shall be sworn to by the person claiming the damage or injuries or by someone authorized by him to do so on his behalf. Failure to swear to the notice as required herein shall not render the notice fatally defective, but failure to so verify the notice may be considered by the town council as a factor relating to the truth of the allegations and to the weight to be given to the allegations contained therein. (Ordinance 95-05, sec. 5, adopted 3/14/95)

   Sec. 1.07.006     Waiver of requirements

No statements, actions or representations by any town employee, town official, town councilmember or other agent or representative of the town shall act to waive the notice requirements of this article. (Ordinance 95-05, sec. 6, adopted 3/14/95)

   ARTICLE 1.08 DISCRIMINATION

   Division 1. Generally

   Secs. 1.08.001–1.08.030     Reserved

   Division 2. Fair Housing*

   Sec. 1.08.031     Definitions

For the purpose of this division, the following terms, phrases, words and their derivations shall have the meanings given herein:

Discriminatory housing practice. An act that is unlawful under section 1.08.032, 1.08.033 or 1.08.034 of this division.

Dwelling. Any building, structure or portion thereof which is occupied as or designed and intended for occupancy as a residence by one or more families or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.

Family. Includes a single individual.

Person. Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, fiduciaries, and any other organization or entity of whatever character.

To rent. Includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

(Ordinance 85-3, sec. 1, adopted 4/9/85)

   Sec. 1.08.032     Discrimination in sale or rental of housing

Except as exempted by section 1.08.035, it shall be unlawful for any person to:

(1)     Refuse to sell or rent, after the making of a bona fide offer, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, sex, religion, or national origin;

(2)     Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, sex, religion, or national origin;

(3)     Make, print, publish, or cause to be made, printed or published any notice, statement or advertisement regarding the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, sex, religion or national origin, or an intention to make any such preference, limitation or discrimination;

(4)     Represent to any person because of race, color, sex, religion or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available;

(5)     For profit or with the hope or expectation of profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, sex, religion or national origin;

(6)     For profit or with the hope or expectation of profit to influence or attempt to influence, by any words, acts, or failure to act, any seller, purchaser, landlord or tenant of a dwelling so as to promote the maintenance of racially segregated housing or as to retard, obstruct, or discourage racially integrated housing.

(Ordinance 85-3, sec. 2, adopted 4/9/85)

   Sec. 1.08.033     Discrimination in financing of housing

It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part of the making of commercial or residential real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling; or to discriminate against any such person in the fixing of the amount of interest rate, brokerage points, duration, or other terms or conditions of such loan or other financial assistance, because of:

(1)     The race, color, sex, religion, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance; or

(2)     The race, color, sex, religion, or national origin of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings for which such loan or other financial assistance is to be made or given.

(Ordinance 85-3, sec. 3, adopted 4/9/85)

   Sec. 1.08.034     Discrimination in provision of brokerage services

It shall be unlawful for any person to deny access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate in the terms or conditions of such access, membership or participation, on account of race, color, sex, religion or national origin. (Ordinance 85-3, sec. 4, adopted 4/9/85)

   Sec. 1.08.035     Exemptions and exclusions

(a)     There shall be exempted from the application of section 1.08.032 hereof all transactions involving:

(1)     The rental of units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner actually maintains and occupies one of such units as his residence.

(2)     The rental of a single room in a dwelling containing living quarters occupied or intended to be occupied by no more than one family if the person offering such room for rental actually maintains and occupies the remainder of such dwelling as his residence and not more than four such rooms are offered.

(3)     The sale or rental of any single house by a private individual who owns such house, provided that:

(A)     The sale or rental is made without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting dwellings or of any employee or agent of any such broker, agent, salesman, or person;

(B)     The sale is made without the publication, posting or mailing of any advertisement or written notice in violation of section 1.08.032(3) of this division (this shall not prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title);

(C)     The owner does not own more than three single-family houses at the time of the sale; and

(D)     The owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or any portion of the proceeds from the sale or rental of more than three such single-family houses at any one time.

If the owner does not reside in the house at the time of sale or was not the most recent resident of such house prior to the sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four-month period.

(b)     Nothing in this division shall prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious association or society from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, or national origin.

(c)     Nothing in this division shall prohibit a bona fide private club, not in fact open to the public, which, as an incident to its primary purpose, provides lodging which it owns or operates for other than a commercial purpose from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(d)     Nothing in this division shall bar any person from owning and operating a housing accommodation in which a room or rooms are leased, subleased or rented only to persons of the same sex, when such housing accommodation contains common lavatory, kitchen or similar facilities available for the use of all persons occupying such housing accommodation.

(Ordinance 85-3, sec. 5, adopted 4/9/85)

   Sec. 1.08.036     Fair housing administrator

The mayor shall appoint and council shall confirm a fair housing administrator (hereinafter referred to as “administrator”) who shall have the responsibility for implementing this division. The administrator may delegate his authority to investigate and conciliate complaints to other town employees under his direction. (Ordinance 85-3, sec. 6, adopted 4/9/85)

   Sec. 1.08.037     Complaints

(a)     Only the person who claims to have been injured by a discriminatory housing practice who believes he will be irrevocably injured by a discriminatory housing practice that has occurred or is occurring (hereinafter referred to as “person aggrieved”) may file a complaint with the administrator. Such complaints shall be in writing and shall identify the person alleged to have committed or alleged to be committing a discriminatory housing practice and shall state the facts upon which the allegations of a discriminatory housing practice are based. The administrator shall prepare complaint forms and furnish them without charge to any person, upon request.

(b)     If at any time the administrator shall receive or discover credible evidence and shall have probable cause to believe that any person or persons have committed or are committing a discriminatory housing practice as to which no complaint has been filed, the administrator may prepare and file a complaint upon his own motion and in his own name, and such complaint shall thereafter be treated in the same manner as a complaint filed by a person aggrieved.

(c)     The administrator shall receive and accept notification and referral complaints from the U.S. Attorney General and the Secretary of Housing and Urban Development pursuant to the provisions of title VIII, Fair Housing Act of 1968, Public Law 90-284, and shall treat such complaints hereunder in the same manner as complaints filed pursuant to subsection (a) of this section.

(d)     All complaints shall be filed within sixty (60) days following the occurrence of an alleged discriminatory housing practice. Upon the filing or referral of any complaint, the administrator shall provide notice of the complaint by furnishing a copy of such complaint to the persons named therein who allegedly committed or were threatening to commit an alleged discriminatory housing practice. The accused may file an answer to the complaint within fifteen (15) days of receipt of the written complaint.

(e)     All complaints and answers shall be subscribed and sworn to before an officer authorized to administer oaths.

(Ordinance 85-3, sec. 7, adopted 4/9/85)

   Sec. 1.08.038     Investigation

(a)     Upon the filing or referral of a complaint as herein provided, the administrator shall cause to be made a prompt and full investigation of the matter stated in the complaint.

(b)     During or after the investigation, but subsequent to the mailing of the notice of complaint, the administrator shall, if it appears that a discriminatory housing practice has occurred or is threatening to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance of the discriminatory housing practice and adequate assurance of future voluntary compliance with the provisions of this division. Nothing said or done in the course of such informal endeavors may be made public by the administrator, by the complainant or by any other party to the proceedings without the written consent of all persons concerned.

(c)     Upon the completion of the investigation and informal endeavors at conciliation by the administrator, but within thirty (30) days of the filing of the complaint with the administrator, if the efforts of the administrator to secure voluntary compliance have been unsuccessful, and if the administrator has made a determination that a discriminatory housing practice has in fact occurred, the administrator shall recommend to the town attorney that such violation be prosecuted in the municipal court of the town. With such recommendation, the administrator shall refer his entire file to the town attorney. The town attorney shall, within thirty (30) days after such referral, make a determination as to whether to proceed with prosecution of such complaint in municipal court. If the town attorney determines to prosecute, he shall institute a complaint and prosecute same to conclusion within thirty (30) days after such determination or as soon thereafter as practicable.

(Ordinance 85-3, sec. 8, adopted 4/9/85)

   Sec. 1.08.039     Cumulative legal effect

This division is cumulative in its legal effect and is not in lieu of any and all other legal remedies which the person aggrieved may pursue. (Ordinance 85-3, sec. 9, adopted 4/9/85)

   Sec. 1.08.040     Unlawful intimidation

It shall be unlawful for any person to harass, threaten, harm, damage, or otherwise penalize any individual, group or business because he or they have complied with the provisions of this division, because he or they have exercised his or their rights under this division, or enjoyed the benefits of this division, or because he or they have made a charge, testified or assisted in any manner in any investigation or in any proceeding hereunder or have made any report to the administrator. (Ordinance 85-3, sec. 10, adopted 4/9/85)

   Sec. 1.08.041     Cooperation with Secretary of Housing and Urban Development

The administrator and town attorney are authorized to cooperate with the Secretary of Housing and Urban Development and the U.S. Attorney General pursuant to the provisions of title VIII, Fair Housing Act of 1968, Public Law 90-284, and may render such service to the Secretary as they shall deem appropriate to further the policies of this division. (Ordinance 85-3, sec. 11, adopted 4/9/85)

   Sec. 1.08.042     Education and public information

In order to further the objectives of this division, the administrator may conduct educational and public information programs. (Ordinance 85-3, sec. 12, adopted 4/9/85)

   Sec. 1.08.043     Penalty

(a)     Any person, firm, or corporation violating any provision of this division shall be guilty of a misdemeanor and, upon conviction, shall be fined as provided in section 1.01.009 of this chapter for each violation. Each day a violation continues after passage of seventy-five (75) days from date of the filing of the initial complaint with the administrator shall constitute a separate and distinct offense.

(b)     Any person, firm, or corporation violating any provision of this division may be enjoined by a suit filed by the town in a court of competent jurisdiction, and this remedy is in addition to any other penalty provision.

(Ordinance 85-3, sec. 13, adopted 4/9/85)

   ARTICLE 1.09 PARKS AND RECREATION

   Division 1. Generally

   Sec. 1.09.001     Definitions

For the purpose of this article, the following terms, phrases, words and their derivation shall have the meaning given below:

Aircraft. Includes, but is not limited to, balloons, airplanes, para-planes, ultra-lights, helicopters and gliders.

Athletic field/facility. A field or combination of fields designated by the parks and recreation division to facilitate games and/or practice activities.

Board. The town's parks and recreation board.

Closed field. A playing field or a game field owned or leased by the town that has been closed for any use due to inclement weather or maintenance requirements by order of the director.

Community park. A park owned by the town that is typically between 30 to 100 acres in size and that provides active and passive recreational activities for residents throughout the community.

Game field. A field that has been designated by the parks and recreation director to be used only for the purpose of conducting league play or tournament play.

Indoor facilities. Indoor facilities owned, leased or otherwise controlled by the parks and recreation division which includes, but is not limited to, recreation centers, indoor swimming pools, tennis center clubhouse, golf course clubhouse, outdoor learning center, senior citizens center, school gymnasium, museums and community centers that are programmed for the purpose of conducting practices, meets and clinics for aquatic activities at the competitive and recreational level or any such use as deemed appropriate by the parks and recreation division.

(Ordinance 11-52, ex. A, sec. 1, adopted 7/26/11)

League. An association or group of teams that play one another. (Ordinance 13-60, sec. 2, adopted 10/22/13)

Neighborhood park. A park owned by the town that is typically between 5 to 10 acres in size and that provides recreational opportunities primarily for residents in close proximity to the park.

Outdoor facilities. Outdoor facilities owned, leased or otherwise controlled by the parks and recreation division which includes, but is not limited to, lighted and unlighted outdoor swimming pools, tennis courts, basketball courts, golf courses, athletic fields, picnic areas, open air pavilions, and amphitheaters that are 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, swimming, lacrosse, cricket and rugby or any such use as deemed appropriate by the parks and recreation division.

Park. A park, reservation, playground, swimming pool, indoor facility, outdoor facility, recreation center, field, athletic field, and any related facilities, or any other area in the town owned, leased and/or used by the town, and devoted to active or passive recreation, including all plated expressways, parkways, triangles and traffic circles maintained by the town, except the parkway strips between curb and sidewalks along the several streets and highways of the town.

Parks and recreation director or director. The director of the parks and recreation division of the town and/or his/her authorized agent and/or representative.

Parks and recreation division or parks and recreation. The parks and recreation division of the development services department of the town.

Person. Any person, firm, partnership, corporation, association, company or organization of any kind.

Playing field. Any portion of a park that is either owned or leased by the town that has been designated as an area which athletic league games are played, including, but not limited to, fields for football, soccer, softball, baseball or any other sport activity sponsored or cosponsored by the town.

Prosper. The Town of Prosper, Texas.

Public property. Any property held for public use by a department or branch of an independent school district, community college district or municipal government within the town or the town government.

Special event. Any event, activity or program that operates wholly or partially within the town which may require the use of or assistance from the parks and recreation division, police department, fire department, or any other public service department.

Supervised play or amusement program. Any event, activity or program that may be coordinated or controlled by the parks and recreation division.

Tournament. A series of games that make up a single unit of competition, typically over one or more days and are an invitational event.

Town cosponsored league play athletic event. An athletic event, which is authorized, organized or scheduled with the assistance of the parks and recreation division by a nonprofit organization.

Town manager. The town manager of the town and/or his/her authorized agent and/or representative.

Town sponsored league athletic event. An athletic event which is authorized, organized or scheduled in whole or in part by the town.

Vehicle. Every device in, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved only by human power or used exclusively upon stationary rails or tracks.

(Ordinance 11-52, ex. A, sec. 1, adopted 7/26/11)

   Sec. 1.09.002     Park names

It is appropriate to name or rename certain town parks in honor and recognition of several outstanding individuals who served the community well, and it is further appropriate to name other town parks with a geographical name. Park names should be familiar to the majority of citizens, easy to recall, unique and lasting. It may also be appropriate to name or rename town parks after a business entity for a specified period of time in conjunction with a sponsorship agreement.  Parks shall be named:

(1)     By outstanding and/or predominant physical characteristics of the land such as, among other characteristics:

(A)     Streams, rivers, lakes and creeks;

(B)     Landmark significance;

(C)     Historic significance; and/or

(D)     Street name identity.

(2)     If a name is applied to park facilities such as recreational buildings, swimming pools, sports fields or play structures, those shall be named either:

(A)     By identification with the park in which it lies;

(B)     In honor of an individual or group when total contributions of fifty percent (50%) or more of the total cost of acquisition (excluding required park dedication) and development of facilities are donated to the town;

(C)     When considering the naming of a park or park facilities in honor of a person, the person should have made a major contribution to the town and/or the parks and recreation system, or the person should be known for some other significant accomplishment; or

(D)     In recognition of a business entity for a specified period of time in conjunction with a sponsorship agreement.

(Ordinance 18-58 adopted 7/24/18)

   Sec. 1.09.003     Park hours

(a)     Hours of general neighborhood park use shall normally be from thirty (30) minutes before sunrise to thirty (30) minutes after sunset. Hours of general community park or game or playing field use shall normally be from thirty (30) minutes before sunrise to 10:00 p.m. Parks shall be open for the public every day of the year during designated hours, except for unusual and unforeseen emergencies. A variation in park hours may be permitted by the parks and recreation director.

(b)     It shall be unlawful for any person(s) to be or remain upon and/or in any park during a period beginning at 10:00 p.m. and ending thirty (30) minutes before sunrise, except as authorized by the parks and recreation director. It is a defense to prosecution under this subsection that the person was:

(1)     Driving a vehicle on an interior park roadway which provides direct access to the person's home address;

(2)     Attending a special event, which was being conducted in a park during the hours of closure with written permission of the parks and recreation director; or

(3)     Attending a special event during different hours for a park specifically designated by a town ordinance.

   Sec. 1.09.004     Community center/recreational facility hours

It shall be unlawful for any person, other than town authorized personnel and staff or those who have received written approval from the parks director, to enter upon the premises of any town community center building and/or recreational facility other than during the hours the facility is officially open.

   Sec. 1.09.005     Swimming pool

It shall be unlawful for any person, other than town authorized personnel and staff or those who have received written approval from the parks director, to enter upon the premises of any town swimming pool other than during the hours the facility is officially open.

   Sec. 1.09.006     Swimming, boating and fishing in parks

(a)     It shall be unlawful for any person to utilize any fountain, creek, pond, lake, stream or any other body of water in any park in the town to, among other things, swim in, boat in, wade in, or pollute any fountain, creek, pond, lake, stream or any other body of water in any park in the town unless such activity(ies) is/are specifically authorized and permitted by the parks and recreation director and/or any other regulation and policy.

(b)     Electric or gas powered motorboats are unlawful on all water bodies except by approval from the parks and recreation director.

(c)     Fishing shall be permitted only from the banks of any creek, pond, lake or other body of water in any park, unless specifically authorized and permitted by the parks and recreation director and/or any other regulation and policy. No trot lines, throw lines, fish traps or nets shall be permitted. Fish may not be cleaned in any park. The parks and recreation division strongly encourages a “catch and release” policy to maintain fish stock levels for the enjoyment of future park users.

(d)     This section shall not apply to any municipally owned or operated swimming pools or boat rental operations.

   Sec. 1.09.007     Disrupting or interfering with supervised play; amusement program; expulsion

It shall be unlawful for any person or persons to do any of the following acts:

(1)     To willfully interfere with, disrupt or prevent the orderly conduct of any supervised play or amusement program conducted by the parks and recreation division in any building, swimming pool, playground or park located in or on any public property within the town.

(2)     To participate in any activity that will create a danger to the public or which may be considered a public nuisance or to engage in physical violence.

(3)     To remain in any building, swimming pool, playground or park in or on any public property within the town after being advised by the supervisor or center director of the parks and recreation division to leave such building, swimming pool, playground or park located in or on any public property within the town.

(4)     To disturb in any manner any legitimate facility uses including, but not limited to, picnics, meetings, classes, games, practices, meets, tournaments, exhibitions, camps, special events or other such uses.

   Sec. 1.09.008     Bicycle riding and skating in parks and on bike trails

Bicycle riding and skating shall include peddled and bicycles of one, two, or more wheels, both push type or motorized scooters, roller skates, in-line skates, in-shoe skates, skate boards, or any similar vehicle or apparatus. Bicycle riding and skating shall be governed by safe riding/skating practices and consideration for use of parks by others. Where special parking provisions have been made for bicycles, parking shall be limited to that area. Bicycle riding and skating shall be prohibited in playgrounds, flowerbeds, pedestrian-only sidewalks, tennis courts, athletic courts, picnic pavilions and/or any other areas designated by the town.

   Sec. 1.09.009     Overnight camping

Overnight camping shall be unlawful except by special permit issued by the parks and recreation division director for designated park areas. Each person shall observe and obey all park rules and regulations and restore their campsite area to its original condition.

   Sec. 1.09.010     Fires

Fires shall be permitted only in enclosed fireplaces or grills provided for this purpose, except with written permission of the town's fire chief, or his/her authorized agent and/or representative, and the parks and recreation director in designated park areas. It shall be unlawful to leave a park area without extinguishing a fire. After use, coals shall be thoroughly extinguished with water and cooled and disposed of in a trash receptacle. Privately owned charcoal grills are not permitted on grass areas or on picnic tables located in parks.

   Sec. 1.09.011     Plants or other personal property

It shall be unlawful to damage, cut, carve, mark, remove, transplant, break, pick, or in any way injure, damage, or deface any plants, turf and/or other personal property within or upon any parks, parkways, greenbelts, or other recreational areas. It shall further be unlawful to plant into the ground any type of plants in any park, parkway, greenbelt, or other recreational area or facility without prior approval of the parks and recreation director.

   Sec. 1.09.012     Glass or glass beverage containers and other dangerous objects

It shall be unlawful to possess on the premises of any swimming pool, recreational center, or any other park area any glass beverage containers. It shall also be unlawful to willfully break any glass container in any swimming pool, recreation center, or any park area.

   Sec. 1.09.013     Animals in/on athletic fields/facility or in concession/restroom areas

It shall be unlawful to allow animals, of any type, on any athletic field/facility or in concession/restroom areas within any park area, unless other directions are posted or upon written approval from the parks and recreation director.

   Sec. 1.09.014     Request to charge admission to town-owned or controlled facilities

A person must request to charge admission to parks. The parks and recreation division may approve requests on the part of individuals or groups utilizing parks to:

(1)     Charge admission to town-owned or controlled facilities;

(2)     Control the movement of pedestrians in vehicles in or on the facilities included in the request;

(3)     Sell tickets or otherwise make admission charges in amounts set by the then current fees set forth in this article; or

(4)     Deny admission to persons who refuse to pay the approved admission charges, or any combination of the above.

   Sec. 1.09.015     Unlawful to leave child under age seven (7) unattended

It shall be unlawful for a parent, guardian, or other adult having care, custody and/or control of a child to abandon or in any way leave unattended a child (under seven (7) years of age) in any park or other recreational facility, except for a supervised program or activity.

   Sec. 1.09.016     Unlawful sale of goods, food, drinks, confections, merchandise or services

It shall be unlawful to offer any goods, food, drinks, confections, merchandise or services for sale within parks, parkways, or other recreational facilities, or on public streets and rights-of-way within three hundred (300) feet of the boundary of the same, except in commercial areas where property zoned for retail and commercial building has a certificate of occupancy for such business purposes or unless specifically authorized by the parks and recreation director.

   Sec. 1.09.017     Firearms, fireworks, etc.

(a)     It shall be unlawful for any person to carry a concealed handgun, as that term is defined in article 8.03 of this code, as it currently exists or may be amended, in a park, except those persons who are duly licensed by the state to carry a concealed handgun in accordance with the provisions of chapter 411, Texas Government Code, as it currently exists or may be amended.

(b)     It shall be unlawful for any person to carry or discharge firearms (unless permitted under subsection (a) of this section), fireworks, air guns, bows and arrows, slingshots or any device which would or could project any object which would or could create a fire hazard or any hazard or danger to the public in a park, except with joint written approval of the parks and recreation director and the town's fire chief, or his/her authorized agent and/or representative.

   Sec. 1.09.018     Authority to prescribe additional rules and regulations

The town council shall have the right, power and authority by resolution, ordinance or otherwise to prescribe additional reasonable rules and regulations or appeal regulations for the maintenance and operation of parks.

   Sec. 1.09.019     Liability of the town

The town shall not be held liable or bound for any loss or damage claimed by reason of a loss or damage to personal property taken or in any way by reason of any personal injury or death of any person or animal entering a park.

   Sec. 1.09.020     Operating radio-controlled model vehicles

(a)     It shall be unlawful for any person or persons to ascend, descend, operate, or launch any aircraft, except in areas or at times specifically designated for this purpose or by special permit issued by the parks and recreation director.

(b)     It shall be unlawful for any person or persons to launch or operate model rockets or un-tethered radio-controlled model airplanes, except in areas or at times specifically designated for this purpose or by special permit issued by the parks and recreation director.

(c)     The model aircraft user will be responsible for furnishing an annual list of members of any club or chapter to the parks and recreation division.

(d)     The model aircraft user will be responsible for following all park rules and regulations, all national association rules and regulations, and any amendments thereto. It shall further be the responsibility of any club or chapter to adequately and fully inform all members of said rules.

(e)     All persons flying remote-controlled aircrafts must restrict their use to the established flight zone as established by the parks and recreation division.

(f)     All model aircraft users shall furnish proof of liability insurance acceptable to the town naming the town, its councilmembers, officers, agents, representatives and employees, as coinsured, with a minimum amount of $2,500,000.00 per occurrence.

(g)     Failure to abide by any provision of this section shall result in the immediate termination of the privilege to use any park for the flying of model aircrafts.

(h)     It shall be unlawful for any person to launch or operate model rockets and/or model vehicles, including, but not limited to, model gliders, model boats and/or model cars in any park in any manner that would or could endanger any other person or property. Electric or wind-powered model cars and boats are excluded from the above prohibition.

(Ordinance 11-52, ex. A, sec. 5, adopted 7/26/11)

   Sec. 1.09.021     Alcoholic beverages

The consumption or possession of alcoholic beverages, including but not limited to, wine, beer, ale and mixed drinks is prohibited on all park properties located within the town, unless a permit for a special event or temporary outdoor seasonal sales has been obtained from the town. (Ordinance 19-37 adopted 6/11/19)

   Sec. 1.09.022     Indoor facilities

It shall be unlawful for any person or persons to do any of the acts specified below, except as otherwise provided, in all indoor facilities owned, leased, or otherwise controlled by the town:

(1)     To enter any unauthorized portion of any facility, except with permission of the facility supervisor.

(2)     To fraudulently use a swimming pool pass or recreation center identification card.

(3)     To violate Ordinance No. 95-04-11, as it currently exists or may be amended, prohibiting the use of in-line skates, skates, skateboards, bicycles, motorized or nonmotorized vehicles and any other type of recreational or nonrecreational product that may destroy the surfaces of tennis courts or any other type of painted concrete or laminate surfaces.

   Sec. 1.09.023     Outdoor areas and facilities

It shall be unlawful for any person or persons to do any of the acts specified below, except as otherwise provided, in all outdoor areas and facilities owned, leased, or otherwise controlled by the town:

(1)     To loiter within twenty-five (25) feet of a public restroom and for any person or persons over the age of eight (8) years to use the restrooms and washrooms designated for the opposite sex.

(2)     To hunt, trap, kill, remove, or release any animal, except with written approval of the parks and recreation director. Fishing shall be excluded.

(3)     To hit golf balls, except in areas specifically designated for this purpose.

(4)     To use loudspeakers, amplifiers, or microphones, except with written approval of the parks and recreation director.

(5)     To violate Ordinance No. 95-04-11, as it currently exists or may be amended, prohibiting the use of in-line skates, skates, skateboards, bicycles, motorized or nonmotorized vehicles and any other type of recreational or nonrecreational product that may destroy the surfaces of tennis courts or any other type of painted concrete or laminate surfaces.

(6)     To overnight camp, except by special permit issued by the parks and recreation director for designated park areas. All persons shall observe and obey all park rules and regulations and restore their campsite area to its original condition.

(Ordinance 11-52, ex. A, sec. 5, adopted 7/26/11)

   Sec. 1.09.024     Traffic

The town hereby adopts the following general traffic provisions:

(1)     Use of vehicles.

(A)     It shall be unlawful for any person to drive any vehicle on park roads at a rate of speed in excess of that which is reasonable and prudent under the conditions and circumstances then prevailing, taking into account the conditions of the roadways and other motor and pedestrian traffic therein, and in no event shall any person drive in or through any park property at a rate of speed in excess of twenty (20) miles per hour unless otherwise posted.

(B)     It shall be unlawful for any person to ride, use or operate any motorcycle, motor scooter, all-terrain vehicle (ATV), or any other vehicle in or upon any indoor or outdoor facility, except on the designated roadway and parking areas. Horses are permitted only on designated equestrian trails.

(C)     No vehicle may be parked overnight, except town vehicles, other authorized vehicles or with written approval of the parks and recreation director. Vehicles in violation may be towed at the owner's expense.

(2)     Traffic signs. It shall be unlawful for any person to fail to comply with the directions of any sign. The existence of any sign purporting to direct or regulate vehicular or pedestrian traffic shall be prima facie evidence that the same was posted by or at the direction of the parks and recreation director.

(Ordinance 11-52, ex. A, sec. 8, adopted 7/26/11)

   Sec. 1.09.025     Enforcement

The town hereby adopts the following rules and regulations regarding the enforcement of this article:

(1)     Enforcement.

(A)     The parks and recreation director and/or the police division shall, in connection with their duties, diligently enforce the provisions of this article, as it exists or may be amended, or any other ordinances applicable to parks and recreation usage, as it/they exist or may be amended.

(B)     The parks and recreation director and/or the police division shall have the authority to eject from areas or facilities any person or persons acting in violation of this article, as it exists or may be amended, or any other ordinances applicable to parks and recreation usage, as it/they exist or may be amended.

(2)     Expulsion from parks.

(A)     Any person charged with violating any rule or regulation of the parks and recreation division, this article, as it exists or may be amended, any other ordinances applicable to parks and recreation usage, as it/they exist or may be amended, and/or any other state, local or federal law, may be expelled from any park, provided a hearing is conducted before the parks and recreation director, allowing the person charged to be given the opportunity to present his/her response to such charge(s). Upon a finding of grounds for expulsion, any person, who is expelled from any park by the parks and recreation director and who thereafter comes onto any park property, shall be guilty of a misdemeanor and upon conviction shall be fined as hereinafter provided. The expulsion shall be for a length of time as the parks and recreation director shall direct, but shall not exceed ninety (90) days.

(B)     The person expelled from a park may appeal, in writing, the decision of the parks and recreation director to the board provided the appeal is made within ten (10) days of the decision of the parks and recreation director. The board shall hear the appeal at its next regularly scheduled meeting, if reasonably possible. The board's ruling shall be final.

(C)     Any person may be immediately expelled from any park should he/she violate any rule or regulation of the parks and recreation division, this article, as it exists or may be amended, any other ordinances applicable to parks and recreation usage, as it/they exist or may be amended, and/or any other state, local or federal law, and such violation is deemed by the person charged with enforcing ordinances and/or laws, in his/her reasonable discretion, to be an immediate threat to the health, safety and/or welfare of any other person utilizing any park and/or an immediate threat to the integrity of any park. Such person shall not be allowed to return to any park unless and until the threat(s), described in the previous sentence, have been totally eliminated, as reasonably determined by the person charged with enforcing ordinances and/or laws.

(Ordinance 11-52, ex. A, sec. 9, adopted 7/26/11)

   Sec. 1.09.026     Penalty

Any person, firm, corporation or business entity violating this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of five hundred dollars ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of two thousand dollars ($2,000.00). Each continuing day's violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the town from filing suit to enjoin the violation. The town retains all legal rights and remedies available to it pursuant to local, state and federal law. (Ordinance 11-52, sec. 5, adopted 7/26/11)

   Secs. 1.09.027–1.09.050     Reserved

   Division 2. Parks and Recreation Division

   Sec. 1.09.051     Establishment

There is hereby created for the town the division of parks and recreation of the development services department. (Ordinance 11-52, ex. A, sec. 2, adopted 7/26/11)

   Sec. 1.09.052     Director

The town manager shall appoint the parks and recreation director to serve at the pleasure of the town manager, and the director shall have such duties and responsibilities as may, from time to time, be delegated to him by the town manager. (Ordinance 11-52, ex. A, sec. 3, adopted 7/26/11)

   Secs. 1.09.053–1.09.080     Reserved

   Division 3. Parks and Recreation Board

   Sec. 1.09.081     Establishment

There is hereby created and established within the town a parks and recreation board which shall be subject to the jurisdiction of the town council and shall constitute an advisory board to the town council. (Ordinance 11-52, ex. A, sec. 4, adopted 7/26/11)

   Sec. 1.09.082     Number of members

(a)     The parks and recreation board shall be composed of seven (7) members appointed by the town council. Members of the parks and recreation board shall be a resident of the town or reside within the town's extraterritorial jurisdiction.

(b)     The members shall serve at the pleasure of the town council and may be removed at the discretion of the town council.

(Ordinance 14-65 adopted 9/23/14)

   Sec. 1.09.083     Term of office

The term of office of each member shall be two (2) years; provided, however, at the time of appointment of the initial members of the parks and recreation board, the town council shall draw by lot to determine four (4) members who shall serve a one-year term and three (3) members who shall serve a two-year term. The following year, the town council shall appoint four (4) persons to serve a two-year term each. (Ordinance 11-65 adopted 9/13/11)

   Sec. 1.09.084     Vacancies

When vacancies occur on the parks and recreation board, the town council shall appoint, by majority vote, a replacement to serve the remainder of that term. (Ordinance 11-52, ex. A, sec. 4, adopted 7/26/11)

   Sec. 1.09.085     Chair/vice-chair/quorum

The parks and recreation board shall have a chair and vice-chair whose terms shall be one (1) year. At the first scheduled meeting of the board in October of each year, or as soon as practicable, the first item of business shall be the selection of the board's chair and vice-chair. The chair and vice-chair shall be appointed by a majority vote of the board. Four (4) members of the parks and recreation board shall constitute a quorum for transaction of business.

(1)     The chair shall preside over meetings and shall be entitled to vote upon each issue.

(2)     The vice-chair shall assist the chair in directing the affairs of the parks and recreation board. In the absence of the chair, the vice-chair shall assume all duties of the chair.

(3)     The director of parks and recreation, if appointed, shall be an ex-officio member of the parks and recreation board, with the responsibility to participate in discussions but without the right to vote.

(Ordinance 14-65 adopted 9/23/14)

   Sec. 1.09.086     Meetings

The parks and recreation board shall meet each month and at such other times as the parks and recreation board, town council, and/or the parks and recreation director deem necessary and appropriate.

   Sec. 1.09.087     Removal from office/absences

The members shall serve at the pleasure of the town council and may be removed at the discretion of the town council. In addition, any member of the parks and recreation board shall be removed for twice failing to attend a regularly scheduled parks and recreation board meeting without good cause during any one (1) year during his/her term. For purposes of this attendance policy, a year shall begin on the date of appointment to the parks and recreation board. A member's failure to attend a meeting may be excused for good cause upon his/her application for excused absence to the town council and the approval by the town council by majority vote of the members present and voting.

(Ordinance 11-52, ex. A, sec. 4, adopted 7/26/11)

   Sec. 1.09.088     Powers and authority

The board shall have the following powers and perform the following duties:

(1)     Provide advice and counsel to the parks and recreation department, the executive director of development and community services, the town manager, and the town council, as requested, in matters relating to the town's parks and the recreation services provided by the town.

(2)     Study the need for, and encourage the development of, adequate parks and recreation facilities.

(3)     Recommend policies for parks and recreational services provided by the town, subject to approval by the town council.

(4)     Recommend to the town council suggested programs for the development of park and recreational facilities and recommended financial support for those facilities.

(5)     Make any recommendations to the town council regarding parks and recreation matters that it deems advisable.

(6)     Assist in strategic planning.

(7)     Encourage the development and advancement of the town's parks and recreational services.

(Ordinance 14-65 adopted 9/23/14)

   Secs. 1.09.089–1.09.130     Reserved

   Division 4. Fields, Facilities, Equipment

   Sec. 1.09.131     Rental and usage fees

(a)     Fees. The town council shall hereby adopt fees for the rental and/or usage of town fields, facilities, and/or equipment. These fees are established in appendix A to this code, as it exists or may be amended.

(b)     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 town.

(c)     Intent. It is the intent of this article to provide a basis for establishing the following objectives:

(1)     A method of communicating the available inventory of allocatable athletic facilities to qualified requesters for usage of such facilities;

(2)     Disciplined method of communicating the forecasted and immediate facility needs from users of facilities to the appropriate department within the town administration;

(3)     The implementation of a system of facilities allocation producing results most beneficial to the total town; and

(4)     A program for continuously improving the utilization of existing facilities to the betterment of the total town.

(d)     Traffic control. Traffic pattern, parking and no-parking zones and no-loitering areas, among any other areas, may be designated in the vicinity of special civic, recreational and sporting events for safety and crowd control by the parks and recreation director in coordination with the town's police and fire departments.

(Ordinance 11-52, ex. A, sec. 6, adopted 7/26/11)

   Sec. 1.09.132     Athletic fields/facility

(a)     Facility use agreement. Every person/association desiring to use any town athletic field/facility will be required to sign a facility use agreement, in the form provided by the town, outlining, among other things, the duties and responsibilities of both the person/association and the town. This agreement must be signed prior to starting play on any town athletic field/facility.

(b)     Athletic field usage.

(1)     It shall be unlawful to be on a designated game or practice athletic field prior to receiving approval from the town parks and recreation division.

(2)     The parks and recreation director is authorized to declare a closed field. Such fields shall have a sign posted stating field closed. Those found in violation of this section are subject to a $500.00 maximum fine for each violation.

(3)     The parks and recreation director is authorized to designate game fields. Such fields shall have a sign posted stating field closed, outside of periods when the field is approved by the parks and recreation director for games. Those found in violation of this section are subject to a $500.00 maximum fine for each violation.

(Ordinance 11-52, ex. A, sec. 7, adopted 7/26/11; Ordinance 13-60, sec. 3, adopted 10/22/13)

   Sec. 1.09.133     Prosper youth sports commission

There is hereby created and established within the town a Prosper Youth Sports Commission (PYSC).

(1)     Purpose. The purpose of the Prosper Youth Sports Commission (PYSC) is to govern youth sports and interpret the needs and interest of youth involved in community athletics. The PYSC, among other things, coordinates the various local athletic organizations in connection with their use of the town's parks in accordance with the PYSC's bylaws, as they currently exist or may be amended. The bylaws, as originally adopted and all amendments thereto, shall be approved by the town council.

(2)     Members. The Prosper Youth Sports Commission (PYSC) should include a delegate from each of the sport leagues, a representative from the Prosper Independent School District (PISD), a representative of the town's parks and recreation department, and others deemed necessary in accordance with the PYSC's bylaws, as they currently exist or may be amended. Board members shall include a president, vice president, treasurer, and secretary that are not associated with the sports leagues.

(3)     Leagues. The Prosper Youth Sports Commission (PYSC) may from time to time add additional leagues to address the town's youth sports needs. A league rejected from the PYSC shall be able to submit a written request of appeal to the town's parks and recreation department. The town reserves the right to request a league be added or removed from the PYSC at any time without cause.

(Ordinance 13-60, sec. 3, adopted 10/22/13)

   ARTICLE 1.10 CODE OF ETHICS

   Sec. 1.10.001     Policy and purpose

(a)     It is hereby declared to be the policy of the town that the proper operation of democratic government requires that:

(1)     Town officers, officials and employees, including all members of town-appointed boards, commissions and committees, be independent, impartial and responsible only to the people of the town;

(2)     Governmental decisions and policies be made using the proper procedures of the governmental structure;

(3)     No town officer, official or employee, including all members of town-appointed boards, commissions and committees, have any interest nor engage in any business transaction or professional activity nor incur any obligation of any nature which is in conflict with the proper discharge of his or her duties in the public interest;

(4)     Public office not be used for personal gain; and

(5)     Town officers, officials and employees fully comply with any federal and state statutes, laws and regulations, as amended, concerning conflicts of interest.

(b)     In furtherance of this policy, the town council has hereby determined that it is advisable to enact this code of ethics for all town officers, officials and employees, whether elected or appointed, advisory or administrative, including all members of town-appointed boards, commissions and committees, to serve not only as a guide for official conduct of the town's elected and appointed public servants, but also as a basis for discipline for those who refuse to abide by its terms and provisions.

   Sec. 1.10.002     Definitions

For the purposes of this article, the following words and phrases, when used in this article, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

Compensation. Any economic benefit received in return for services, property or investment.

Discretionary authority. The power to exercise any judgment in a decision or action.

Economic benefit. Economic benefit refers to any money, real or personal property, purchase, sale, lease, contract, option, credit, loan, discount, service or other tangible or intangible thing of value, whether similar or dissimilar to those enumerated.

Employee. Any person employed by the town, including those individuals employed on a part-time or seasonal basis, but such term shall not be extended to apply to any independent contractor.

Entity. A sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, receivership, trust or any other entity recognized by law through which business may be conducted.

Gift. A favor, hospitality or economic benefit, other than compensation.

Non-town board, committee or commission. A board, committee, commission or other governing or advisory body or panel of an organization, business entity or governmental entity that is not a town-appointed board, committee or commission. Examples include, but are not limited to, serving on the board of directors (or similarly-situated governing or advisory body or panel) of a water district, municipal management district, hospital district, regional council of government organization or appraisal district.

Officer or official. Any member of the town council and any town-appointive member of a board, commission, authority or committee set up by ordinance, town charter, state law, or otherwise on a temporary or permanent basis, including all members of a board, commission, authority or committee which functions only in an advisory or study capacity and which has no discretionary, governmental, quasi-judicial or administrative authority. For purposes of this article, the town manager, the town secretary, the town attorney and any municipal judge(s) shall be considered town officials.

Relative. Any person related to an officer, official or employee within the first degree by consanguinity or affinity and shall include a spouse, father, mother, son, daughter, brother or sister.

Substantial interest. An interest in another person or an entity if:

(1)     The interest is ownership of ten percent or more of the voting stock, shares or equity of the entity of ownership of $5,000.00 or more of the equity or market value of the entity;

(2)     Funds received by the person from the other person or entity either during the previous 12 months or the previous calendar year equaled or exceeded $5,000.00 in salary, bonuses, commissions or professional fees or $20,000.00 in payment for goods, products or nonprofessional services, or ten percent of the person's gross income during that period, whichever is less;

(3)     The person serves as a corporate officer or member of the board of directors or other governing board of the for-profit entity, other than a corporate entity owned or created by the town council; or

(4)     The person is a creditor, debtor or guarantor of the other person or entity in an amount of $5,000.00 or more.

Substantial interest in partnerships, professional corporations and other business entities. If a town officer, official or employee is a member of a partnership or professional corporation, or conducts business through another entity, a substantial interest of the partnership, professional corporation or business entity shall be deemed to be a substantial interest of the town officer, official or employee if:

(1)     The partnership or professional corporation has fewer than 20 partners or shareholders;

(2)     Regardless of the number of partners or shareholders, the officer, official or employee has an equity interest, share of draw equal to or greater than five percent of the capital or revenues of the partnership, professional corporation or other entity; or

(3)     With regard to the partnership, professional corporation or other entity's substantial interest in a particular client, the officer, official or employee has personally acted within the preceding 24 months in a professional or fiduciary capacity for that client.

Substantial interest in real property. An interest in real property which is an equitable or legal ownership with a fair market value of $2,500.00 or more.

   Sec. 1.10.003     Unethical activity

No officer, official or employee of the town, including all members of town-appointed boards, commissions and committees, shall:

(1)     Accept any gift or economic benefit of more than $50.00 in value from any person or entity which gift or economic benefit might reasonably tend to influence such officer, official or employee in the discharge of official duties, or grant in the discharge of official duties any improper gift, economic benefit, service or thing of value; however, the provisions of this subsection shall not apply to any political contribution made pursuant to the Texas Election Code;

(2)     Use his or her official position to solicit or secure special privileges or exemptions for himself/herself or others;

(3)     Directly or indirectly disclose or use any information gained solely by reason of his or her official position for his or her own personal gain or economic benefit or for the private interest of others;

(4)     Transact any business on behalf of the town in his or her official capacity with any business entity of which he or she is an officer, agent or member or in which he or she owns a substantial interest. If such a circumstance should arise, then in the case of an officer or official, he or she shall make known such interest and abstain from voting on the matter, or in the case of an employee, he or she shall turn the matter over to the employee's supervisor for reassignment, state the reasons for doing so and have nothing further to do with the matter involved;

(5)     Engage in any outside activities which will conflict with his or her assigned duties in the town, or which his or her employment with the town will give him or her an advantage over others engaged in a similar business, vocation or activity;

(6)     Engage in outside activities incompatible with the full and proper discharge of his or her duties and responsibilities with the town, or which might impair his or her independent judgment in the performance of his or her public duties;

(7)     Receive any fee or compensation for his or her services as an officer, official or employee of the town from any source other than the town, except as may otherwise be provided by law. This shall not prohibit an officer, official or employee from performing the same or other services that he or she performs for the town for a private organization if there is no conflict with his or her town duties and responsibilities;

(8)     Represent, directly or indirectly, or appear on behalf of the private interests of others before any agency, board, commission, authority or committee of the town, or accept any retainer or compensation that is contingent upon a specific action being taken by the town or any of its agencies, boards, commissions, authorities or committees, unless such officer, official or employee of the town has made full disclosure of such representation, retainer or compensation. For purposes of this section, the term “full disclosure” shall mean:

(A)     The filing of an affidavit with the town secretary describing such representation, retainer or compensation;

(B)     Disclosure, either orally or in writing, to the other members of the town agency, board, commission, authority or committee;

(C)     Refraining from any other discussion of the matter with other members of the town agency, board, commission, authority or committee; and

(D)     Refraining from voting on or participating in the consideration of such matter by the town agency, board, commission, authority or committee.

(9)     Knowingly perform or refuse to perform any act in order to deliberately hinder the execution and implementation of any town ordinances, rules or regulations, including the town charter;

(10)     Have a substantial interest in any contract with the town or a substantial interest in the sale of the town of any land, rights or interest in any land, materials, supplies or service;

(11)     Participate in a vote or decision on any matter in which the officer or official has a substantial interest or in which a relative of the officer or official has a substantial interest;

(12)     Grant any special consideration, treatment or advantage to any individual, business organization or group beyond that which is normally available to every other individual, business organization or group. This shall not prevent the granting of fringe benefits to town employees as an element of their employment or as an added incentive to the securing or retention of employees;

(13)     Knowingly disclose information deemed confidential by law; or

(14)     Participate in any vote or decision relative to any amendment to the town's comprehensive plan or any change in the zoning classification of property if the officer, official, employee or a relative of the officer, official or employee has any interest in any property within 200 feet of the property which is the subject of the amendment to the town's comprehensive plan or on which the change in zoning classification is proposed. Further, any officer, official or employee who has any such interest in property shall be legally disqualified from participating in any vote or decision relative to the comprehensive plan amendment or change in zoning classification.

   Sec. 1.10.004     Disclosure of interest

Any officer, official or employee of the town, including all members of town-appointed boards, commissions and committees, who has a prohibited or substantial interest in any matter pending before the town shall disclose such interest to other members of the town council, committee, commission or board of which he or she is a member, and shall refrain from further discussion of the matter; shall not be physically present when the subject is discussed in open or executive session; and shall not vote on or participate further in any such matter.

   Sec. 1.10.005     Service on non-town board, committee or commission allowed

Any officer, official or employee of the town, including all members of town-appointed boards, commissions and committees, may serve on a non-town board, committee or commission, unless otherwise prohibited by law, and such service shall not be considered a violation of this code of ethics.

   Sec. 1.10.006     Penalty

(a)     Any town officer, official or employee, including all members of town-appointed boards, commissions and committees, knowingly violating any provision of this code of ethics shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine as provided in section 1.01.009 of the Code of Ordinances.

(b)     The penalty prescribed herein shall not limit the power of the town council to discipline its members pursuant to applicable provisions of the town charter, this article, state statutes or other laws defining and prohibiting conflicts of interest.

(c)     The penalty prescribed herein shall not limit the power of the town manager to discipline those employees under the town manager's supervision pursuant to applicable provisions of the town charter, this article, the adopted personnel policies of the town, state statutes or other laws defining and prohibiting conflicts of interest.

   Sec. 1.10.007     Adoption of state statute

Chapter 171 of the Texas Local Government Code, as amended, relative to conflicts of interest of officers of municipalities in the state, is hereby adopted and made a part of this code of ethics for all purposes, with the proviso that in case of a conflict between the provisions of this code of ethics and chapter 171 of the Texas Local Government Code, the more restrictive provision shall govern.

   Sec. 1.10.008     Cumulative legal effect

In its legal effect, this article is cumulative of all provisions of the town charter, the Code of Ordinances or federal and state statutes, laws or regulations defining and prohibiting conflicts of interest.

(Ordinance 15-66 adopted 10/13/15)