Chapter 2.85
TOWN FACILITY USE POLICY
Sections:
2.85.060 Rules and regulations.
2.85.010 Purpose.
The purpose of this policy is to establish procedures and guidelines for persons and/or organizations requesting use of town facilities. It is the goal of the policy to encourage the use of the facilities by making them accessible to the community yet doing so in a fair, equitable and cost effective manner. (Res. 08-12, 2008)
2.85.020 Applicability.
This policy applies to all persons and/or organizations requesting use of the town facilities. This policy does not apply to the city council chambers nor does it include the use of town equipment/furniture other than what is available in the Community Center and kitchen. Town facilities include use of town parks and athletic fields. (Res. 08-12, 2008)
2.85.030 Background.
The town is often contacted by persons and/or organizations seeking to use town facilities. To clarify the procedure for reservation and usage, the following procedures and guidelines are established. (Res. 08-12, 2008)
2.85.040 Procedures.
All persons and/or organizations requesting to use the town facilities shall follow this procedure:
A. Submit written application to the town clerk as far in advance of the date requested as possible. Applications are available at Town Hall and will be mailed upon request.
B. Full payment of scheduled fee and deposit are due when application for use has been approved.
C. Approval for usage will be determined by availability. After the request has been approved and the deposit received, the facilities will be considered reserved. Reservations will be based on whichever organization has submitted the deposit first.
D. All groups will be required to make the necessary deposits, regardless of their fee status. (Amended during 2015 recodification; Res. 08-12, 2008)
2.85.050 Charges.
The mayor and council recognize that certain costs are associated with usage of the facilities and have developed the following guidelines:
A. All residents and/or organizations will be required to pay the scheduled fee, with the exception of the following:
1. Governmental jurisdictions conducting town-related business will have no fee assessed.
B. Any organization denied use under this policy as defined in this section may appeal to the city council. (Ord. 19-07 § 1, 2019; Ord. 15-03 § 1, 2015; Res. 08-12, 2008)
2.85.060 Rules and regulations.
A. The rules and regulations of this section shall apply to the Community Center, Senior Center, restrooms, and kitchen.
B. The town parks and athletic fields shall be available for use under this policy.
C. Users of the facilities will dispose of all refuse properly and adequately clean up after usage. Failure to provide proper clean up/maintenance will result in forfeiture of deposit and/or future use of the facilities. This will be determined by the town manager.
No person shall dig or remove any soil, rock, stones, trees, shrubs or plants, down-timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means.
D. Children, eight years old and younger, must be supervised by an adult while playing on park playground equipment.
E. No overnight camping is allowed in the parks. No overnight parking of recreational vehicles is allowed in the parks without a town permit. The town will only permit 20 vehicles per park facility permit for overnight use.
F. Fire restrictions issued by the town or other authorities to help prevent wildfires may prohibit all fires, including the use of park grills, from time to time. No open fires are permitted, unless specifically authorized by permits issued by the town and the fire department. Only charcoal may be used in fixed grills provided in town parks, and charcoal fires shall be attended at all times.
G. Food, beverage and merchandise sales, smoking and the use of intoxicating liquor are prohibited in the parks and all other town-owned facilities and property, except as provided below:
1. Beer and wine, in plastic containers only, may be consumed when a special event permit for beer and wine sales to the public has been approved by the town.
2. Consumption of beer and wine pursuant to a special event permit issued for town parks is only permissible when there are no children’s sports leagues events taking place at the same time as the special event.
3. Individuals applying for a special event permit, or selling or consuming alcoholic beverages, must abide by all terms and conditions of the special event permit, as well as all state and town laws, rules and regulations. Any event including the sale of alcohol must be a non-town-sponsored event, and no town funds may be utilized for an event involving the sale of alcohol.
4. The special event permit holder shall check every person’s identification and provide wristbands for purchase and consumption of alcohol. No alcohol shall be sold or provided to anyone who is under age or showing signs of inebriation.
5. Smoking is prohibited within 20 feet of any athletic field, athletic facility, children’s play area or entrance to the Community Center, Senior Center, or Town Hall. For purposes of this subsection, “smoking” means to inhale, exhale, burn, carry or possess any lighted tobacco or smoke tobacco-type products including cigarettes, medicinal or recreational marijuana, cigars, pipes, e-cigarettes, vapor and other synthetic-type products or smokeless types of devices, water pipes, hookah, shisha, chewing tobacco, snuff and other products containing tobacco.
6. Glass beverage bottles and containers are not allowed in the parks or other town facilities.
7. The sale of food, beverages or other merchandise is prohibited, unless specifically authorized by permit issued by the town.
H. The town of Huachuca City assumes no liability for loss, damage, injury or illness incurred by the users of the facilities. Users shall secure and maintain, throughout the period of use, general liability insurance with policy limits of not less than $1,000,000 per occurrence. The town of Huachuca City, its elected and appointed officials, officers, agents and employees shall be named as additional insured by endorsement. Such policy or policies of insurance shall further provide that said policies of user shall be primary over any insurance held by the town that may be applicable. The types and limits of insurance may be changed from time to time as determined by the town of Huachuca City. Within 72 hours of scheduling, excluding weekends and observed holidays, all users must provide the town of Huachuca City with a certificate of insurance and other documentation as may be required by the town. Failure to provide the required documentation may result in cancellation and forfeiture of any deposits paid.
User agrees to hold the town of Huachuca City harmless and free from any liability of any nature arising out of the use of town recreational facilities, to include reimbursement of any legal costs and fees incurred in defense of such claims.
I. Insurance may be obtained by qualified users through the Tenant Users Liability Insurance Program (TULIP) as provided by the National League of Cities and the Arizona Municipal Risk Retention Pool (AMRRP). The program can be accessed at www.ebi-ins.com/tulip. The town code required for access may be obtained from the town clerk. Users are solely responsible for obtaining and paying for the insurance. Use of this program is voluntary at the discretion of the user.
J. The individual representing the user of the facilities, i.e., person signing the application, shall be responsible for:
1. Proper disposal of all trash.
2. Rearrangement of furniture.
3. Turning off heating and cooling, shutting off all lights (including restroom lights), closing and locking windows, and lock exterior doors.
4. Reimbursing the town for any damage or loss to the facilities or equipment within 48 hours of use.
5. Proper maintenance of fields.
K. Failure to conform to these policies and rules may be cause for forfeiture of future use privileges and/or deposit.
L. Additional rules and procedures for using the Community Center are contained in Section 10.30.030. Payment for use of the facilities shall be as established pursuant to the most current fee schedule approved by the mayor and council.
M. Civil Violations. When a violation of this chapter is undesignated or designated a first offense by the enforcement officer or the town attorney, a person found to have been in violation of this chapter shall be deemed to have committed a civil offense and shall be subject to a civil penalty of not less than $50.00 nor more than $500.00, plus restitution for personal injuries, property damage or any other economic loss suffered by any person(s) including the town.
N. Criminal Violations. When a person convicted of a violation of this chapter is a person who has been previously found responsible or convicted of a violation of a provision of this chapter within a period of 12 months, the person shall be deemed to have committed a class two misdemeanor, pursuant to Title 13, Chapters 6, 7 and 8, Arizona Revised Statutes, as amended, and shall be subject to a fine of not less than $75.00 nor more than $750.00 for each violation or count, plus surcharges, fees and restitution for personal injuries, property damage or any other economic loss suffered by any person(s) including the town. (Ord. 18-26 § 1, 2018; Ord. 15-03 § 1, 2015; Res. 08-12, 2008)