Chapter 4.04
FEES FOR USE OF CITY FACILITIES1
Sections:
4.04.030 Permits for city hall and other city facilities.
4.04.040 Reduced fee or no-fee use of city facilities.
4.04.050 Special facilities and extra services.
4.04.070 Changes in reservation time.
4.04.080 Payment of fees in advance.
4.04.090 Billing for actual costs.
4.04.100 Fees may be waived if percentage of proceeds paid.
4.04.110 Power to revoke permit and cancel contract.
4.04.120 Covenant to indemnify the city.
4.04.130 Workers’ compensation insurance.
4.04.150 Rules, regulations and forms.
4.04.010 Definitions.
Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
A. “Amplified sound” means music or speech projected or transmitted by artificial means, including but not limited to amplifiers, loudspeakers, or any similar devices.
B. “Billboard” means the billboard located at the Plaza Park of the city.
C. “Bandstand” means the bandstand located at the Plaza Park of the city.
D. “City hall” means the building, or any portions thereof, located at 201 West Sierra Avenue, Cotati, California, and in which is housed the city’s administrative office.
E. “Department” means the recreation and parks department of the city.
F. “Director” means the director of the recreation and parks department.
G. “Park” means any public park, plaza or recreation or playground area, or building or facility thereon, within the city, owned and maintained by the city as a public park, or recreation or playground area, whether or not such areas have been formally dedicated to such purpose.
H. “Permit” means the written permission issued to, or contract entered into with an applicant by an official of the city in accordance with the provisions of this chapter, and any amendment or supplement to such permit or contract.
I. “Permittee” means the person who shall have been granted permission to use a city facility.
J. “Person” means and includes, except where the context requires a different meaning, an individual, a copartnership, joint adventurers, a firm, an unincorporated association, a syndicate, a club, a society, a trust, and all private or political or charitable or social organizations doing business or existing under and by virtue of any law, as a corporation or otherwise.
K. “Pollution” means the contamination or other alteration of the physical, chemical or biological properties of park waters.
L. “Vehicle” means and includes any wheeled device or conveyance, whether propelled by motor, animal, or human power. The term shall include any trailer in tow of any kind, size or description. Exception is made for baby carriages and vehicles in the service of the city. (Ord. 338 § 1(part), 1982).
4.04.020 Permits for parks.
A. No person in a park shall conduct, operate, present, manage or take part in any of the following activities unless a permit is obtained prior to the start of the activity:
1. Any picnic, outing or gathering sponsored by any person and composed of twenty or more persons;
2. Any exhibit, dramatic performance, play, motion picture, radio or television broadcast, fair, circus, musical event, or any similar event which has been or intends to be announced, promoted or advertised in or by any media source, including but not limited to any newspaper, radio, television, magazine, pamphlets, brochures, posters or handbills;
3. Any public meeting, assembly or parade, including but not limited to drills, maneuvers, ceremonies, addresses, speeches or political meetings at which it is reasonably anticipated that twenty or more persons will be present or in attendance;
4. Any use of any park facility by a certain person or group of persons to the exclusion of others.
B. Standards for Issuance of Permit.
1. The city manager shall issue a permit unless s/he finds:
a. That the proposed activity or use of the park will unreasonably interfere with or detract from the general public use and enjoyment of the park; or
b. That the proposed activity or use of the park will unreasonably interfere with or detract from the public health, safety or welfare; or
c. That the conduct of the proposed activity or use is reasonably likely to result in violence to persons or property resulting in serious harm to the public; or
d. That the proposed activity or use will entail an extraordinary expense or operation by the city; or
e. That the facilities desired have been reserved for another activity or use on the day and hour(s) requested in the application.
2. The city manager may impose reasonable conditions or restrictions on the granting of a permit, including, but not limited to, any of the following:
a. A requirement that the applicant furnish or pay for applicable insurance, providing the city a certificate of insurance showing the city as a named insured or paying to the city the amounts necessary for the city to obtain necessary insurance coverage;
b. Restrictions on fires, fireworks, amplified sound, dancing, sports, use of animals, equipment or vehicles, the number of persons to be present, the location of any bandstand or stage, or any other use which appears likely to create a risk of unreasonable harm to the use and enjoyment of the park by others, or of damage to park property;
c. A requirement that the applicant post a reasonable security deposit for the repair of any damage to park property, or the cost of cleanup, or both;
d. A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate security forces by the city at the proposed use or activity;
e. A requirement that the applicant pay any required business license tax or other required fees;
f. A requirement that the permittee furnish additional sanitary and refuse facilities that might be reasonably necessary, based on the use or activity for which the permit is being sought.
3. Permits shall not be transferable without the written consent of the city manager.
4. Within ten business days after receipt of an application for a permit, submitted on forms approved by the city manager, the city manager shall apprise the applicant in writing of his/her reasons for refusing a permit, or of any conditions attached to the issuance of a permit, and any aggrieved person shall have the right to appeal in writing within five days to the city council, which shall consider the standards set forth herein and sustain or overrule the city manager’s decision at the regular city council meeting next following the city clerk’s receipt of the written appeal.
5. A permittee shall be bound by all park rules and regulations, and all applicable ordinances, fully as though the same were inserted in his/her permit.
6. All applications for permits for the use of parks or the facilities located thereon shall also be reviewed and approved by the director. (Ord. 342 § 1, 1982; Ord. 338 § 1(part), 1982).
4.04.030 Permits for city hall and other city facilities.
A. No person may use the city hall, billboard, or city streets without first having applied for and obtained a permit therefor from the city manager.
B. Applications for the use of city streets must be approved by the chief of police and the general services director. Any use of the city hall involving the moving of city equipment, attachment to or penetration of any wall, floor or ceiling surface shall require approval by the general services director.
C. The city manager may impose reasonable conditions or restrictions on the granting of a permit, including but not limited to any of the following:
1. A requirement that the applicant furnish or pay for applicable insurance, providing the city a certificate of insurance showing the city as a named insured, or paying to the city the amounts necessary for the city to obtain necessary insurance;
2. Restrictions on amplified sound, dancing, sports, use of animals, equipment or vehicles, the number of persons to be present, the location of any bandstand or stage, or any other use which appears likely to create a risk of interference with the normal operations of the facility by city personnel;
3. A requirement that the applicant post a reasonable security deposit for the repair of any damage to city property, or the cost of cleanup, or both;
4. A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate security forces by the city at the proposed use or activity;
5. A requirement that the applicant pay any required business license tax or other required fees;
6. A requirement that the permittee furnish additional sanitary and refuse facilities that might be reasonably necessary, based on the use or activity for which the permit is being sought.
D. Permits shall not be transferable without the written consent of the city manager.
E. Within ten business days after receipt of an application for a permit, submitted on forms approved by the city manager, the city manager shall apprise the applicant in writing of his/her reasons for refusing a permit, or of any conditions attached to the issuance of a permit, and any aggrieved person shall have the right to appeal in writing within five days to the city council, which shall consider the standards set forth herein and sustain or overrule the city manager’s decision at the regular city council meeting next following the city clerk’s receipt of the written appeal. (Ord. 342 § 2, 1982; Ord. 338 § 1(part), 1982).
4.04.040 Reduced fee or no-fee use of city facilities.
A. The city manager may grant permission to use any of the city’s facilities free, or for a fee less than would otherwise apply under the following circumstances, and subject to the following conditions:
1. Such must be for a purpose which, in the judgment of the city manager, is a charitable, cultural, civic or governmental purpose, is of city-wide interest and scope, and is open to the general public;
2. The applicant must not be organized or operated for profit;
3. If an admission fee is to be charged or a collection is to be taken, the applicant shall state on the application the purposes for which the proceeds for the event will be used.
B. Not later than fifteen days following the event, the permittee shall file a verified statement, on a form prescribed by the city manager, setting forth the total gross receipts from the event, and all expenses incurred and paid in connection with the event. Such statement shall be a condition precedent to the granting of any subsequent permits to use city facilities.
C. In no event shall the applicant not be required to provide or obtain:
1. Payment for required insurance; or
2. A certificate to the city manager showing such insurance has been obtained. (Ord. 338 § 1(part), 1982).
4.04.050 Special facilities and extra services.
The city manager may make such additional charges as s/he deems reasonable:
A. For the use of any city public-address system;
B. For any additional equipment supplied by the city necessary to the permittee’s use of city facilities;
C. For supervising any installation required for the purpose of effecting the permittee’s use;
D. For changes in the standard arrangement of city facilities, including special seating arrangements;
E. For additional gas, electricity, water, steam connections and special mechanical or electrical connections;
F. For custodial work beyond the unusual hours;
G. For the erection of platform and stands other than those usually furnished; and
H. For any other special facilities and extra services which are furnished by the city. (Ord. 338 § 1(part), 1982).
4.04.060 Refund of fees.
A. Refunds of fee payments and such other moneys required by this chapter may be made upon written application of the permittee where:
1. The permittee gives written notice of cancellation of the approved use to the city manager at least seventy-two hours in advance of such use; or
2. The scheduled use is cancelled by the city manager as authorized by this chapter, or at the request of the city manager and with the consent of the permittee; or
3. The actual cost to the city in providing for the service or work for which the fee was paid was less than the fee paid.
B. In no event shall moneys paid for by the permittee to the city for purposes of purchasing required insurance be required to be refunded if such moneys have been spent for such purpose by the time cancellation occurs.
C. In no event shall any fees paid hereunder be refunded if the permit is revoked or the contract permitting the use is cancelled because the permittee violated the terms of the permit or contract, or other terms of this chapter, or other law pertaining to the use of city facilities. (Ord. 338 § 1(part), 1982).
4.04.070 Changes in reservation time.
A. Change in reservation time for any use may be approved by the city manager; provided, however, that written request for such change is made by the permittee to the city manager at least forty-eight hours in advance of the time stipulated on the agreement between the permittee and the city for the commencement of the agreed-upon use.
B. The city manager, upon seven days’ notice, may change a reserved time or cancel a use if such use or time conflicts with use of a city facility for city business or city purposes. (Ord. 338 § 1(part), 1982).
4.04.080 Payment of fees in advance.
Payment of all fees required by the city manager and authorized hereunder must be made prior to any permit or contract being granted or executed by the city by which the use applied for by permittee is permitted. (Ord. 338 § 1(part), 1982).
4.04.090 Billing for actual costs.
If the fees paid by the permittee in connection with (1) executing a contract with the city, or (2) being granted a permit to use a city facility do not pay for the actual expenses of the city incurred in connection with the performance of the permitted use, the permittee is liable for such unpaid balance, and will be billed by the city therefor after the conclusion of the permitted use. (Ord. 338 § 1(part), 1982).
4.04.100 Fees may be waived if percentage of proceeds paid.
The city manager is authorized to classify any use of city facilities for the purpose of determining the appropriate fees to be imposed, including, but not limited to requiring certain users to pay to the city a percentage of any proceeds obtained by the user in connection with her/his use of city facilities. In the event such percentage is so collected, other fees may be waived by the city manager; provided, however, appropriate insurance requirements provided in this chapter shall in no case be waived. (Ord. 338 § 1(part), 1982).
4.04.110 Power to revoke permit and cancel contract.
The city manager shall have the authority to revoke a permit or cancel any contract entered into hereunder upon finding of violation of any rule or ordinance, or upon the violation of any condition or restriction under which the permit was issued. (Ord. 338 § 1(part), 1982).
4.04.120 Covenant to indemnify the city.
A. By his/her entering into any contract permitting his/her use of any city facility, and/or by accepting the permission granted to use any city facility, every permittee or person shall be deemed to covenant and agree to relieve and discharge the city and the officers and employees of the city from any and all liability for loss and/or injury and/or damages to any person and/or property that may be sustained by reason of the occupancy and/or use of the facilities of the city, and to save them free and harmless therefrom; and every such person or permittee shall be deemed to covenant and agree to pay for any and all damage to such facility, and damage to or loss of any other city property resulting either directly or indirectly from such occupancy and/or use of the facilities by or through the negligence and/or other acts of the permittee, his/her agents and employees, or any person or persons participating in or attending the performance, attraction, event or affair in connection with or during such use and occupancy.
B. Such permittee or person shall indemnify, hold harmless, and defend the city of Cotati, its agents and its employees from any and all actions, claims, damages, costs or expenses, including attorneys’ fees and witness costs, which may be asserted by any person arising out of or in connection with the permittee’s or person’s use or occupancy of any city facility. (Ord. 338 § 1(part), 1982).
4.04.130 Workers’ compensation insurance.
In like manner, whenever in the opinion of the city manager the circumstances may warrant same, a permittee shall procure, pay for and keep in force workers’ compensation insurance for and on behalf of, and protecting the agents and/or employees of such permittee; provided, further, however, that whenever under the laws of the state such permittee shall be required to cover his, hers or its agents and/or employees by workers’ compensation insurance, such law or laws shall be complied with, notwithstanding the exercise of or failure to exercise such discretion of the city manager with regard thereto. (Ord. 338 § 1(part), 1982).
4.04.140 Right to enter.
The city manager, and other authorized representatives of the city, shall have the right to enter the city hall, and all parts thereof, and any other city facility or park, at all times during any and all uses or occupancies of such facilities. (Ord. 338 § 1(part), 1982).
4.04.150 Rules, regulations and forms.
The city manager shall issue from time to time, as s/he deems necessary, rules and regulations and forms to implement the provisions of this chapter. Such rules and regulations shall have the force of law, and the failure to obey the same shall be deemed a violation of the provisions of this chapter. (Ord. 338 § 1(part), 1982).
Editor’s Note: For bandstand use fees and regulations, see Resolution 77-26; for photocopy and other city facility use fees, see Resolution 78-34.