Chapter 16.50

16.50.010    Purpose.

16.50.020    Definitions.

16.50.030    Permit use only.

16.50.040    Exclusive use areas.

16.50.050    Interfering with permitted or exclusive use.

16.50.060    Application and award of permit.

16.50.070    Revocation of permit.

16.50.080    Enforcement and penalties.

16.50.010 Purpose.

Pursuant to Section 16.04.015, the city adopts this chapter to ensure the orderly usage of certain improved recreational areas, sporting facilities, and other venues. The permit process provided herein is to ensure such resources can be maintained and are available for public use. (Ord. 1236 (part), 1998).

16.50.020 Definitions.

(a)    "Director" means the city manager, or his or her designee.

(b)    "Exclusive use" means a license given through permit to an individual, group, organization, or corporation giving control of a specific area or venue for a specified time period.

(c)    "Permit" means a temporary license issued by the city pursuant to this chapter and in exchange for any or all of the following: payment of applicable fees and security or clean-up deposit, and execution of a use agreement with conditions. (Ord. 1309 § 8 (part), 2007; Ord. 1236 (part), 1998).

16.50.030 Permit use only.

The following venues shall not be used by twenty-five or more people at the same time, groups, organizations, or corporations except with a permit. If the city council has approved a use agreement for any of these facilities, such use agreement shall govern the use of that facility: (a) BRFP Soccer Fields; (b) BRFP Off-Highway Vehicle Facility; (c) Softball Fields; (d) BRFP Arena/Pavilion and Nature Area; and (e) BRFP Lions Grove.

The director shall post each of the venues listed in this section with a sign to inform the public of the requirements of this chapter as they apply to such venue. (Ord. 1366 § 5, 2014: Ord. 1236 (part), 1998).

16.50.040 Exclusive use areas.

The following areas may be reserved for exclusive use by obtaining a permit:

(a)    Ellis Lake Gazebo Island;

(b)    North Ellis Lake Island;

(c)    BRFP Lions Grove;

The director shall post each of the venues listed in this section with a sign to inform the public of the requirements of this chapter as they apply to such venue. (Ord. 1366 § 6, 2014: Ord. 1236 (part), 1998).

16.50.050 Interfering with permitted or exclusive use.

It is unlawful for any person, group, organization or corporation to interfere, enter and remain, or disrupt the activities of any valid permittee exercising its rights under a permit issued pursuant to this chapter. However, nothing in this chapter shall be construed to limit access of any police officer or public official from entering any area described herein. (Ord. 1236 (part), 1998).

16.50.060 Application and award of permit.

(a)    Permits required by this chapter shall be obtained by application to the director in accordance with the following procedures:

(1)    A person seeking issuance of a permit hereunder shall file an application stating:

(A)    The name and address of the applicant;

(B)    The name and address of the person, persons, group, organization or corporation sponsoring the activity, if any;

(C)    The day(s) and hours for which the permit is desired;

(D)    The park or venue for which the permit is desired;

(E)    Any other information reasonably necessary to a determination as to whether a permit should be issued hereunder;

(F)    Variances requested from park rules and regulations.

(2)    An applicant for a permit may also be required to submit evidence of liability insurance covering injuries to members of the general public arising out of such permitted activities in such amounts as may be from time to time determined prior to the commencement of any activity or issuance of any permit.

(3)    If the proposed activity or use includes the use, possession or consumption of alcoholic beverages, a separate permit shall be obtained in accordance with Section 16.20.015.

(b)    Standards for issuance of a permit shall include the following findings:

(1)    That the proposed activity or use of the park or venue will not unreasonably interfere with or detract from the general public’s enjoyment of the park.

(2)    That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.

(3)    That the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.

(4)    That the proposed activity will not entail extraordinary or burdensome expense or police operation by the city.

(5)    That the venues desired have not been reserved for other use on the date and hour requested in the application.

(c)    Within ten days after the receipt of an application, the director shall inform an applicant in writing of its decision to grant or deny a permit. In the event of a denial, the notification shall include the reason for the denial. The applicant may appeal a denial to the city council by serving written notice thereof on the city clerk and the director within five working days of the date of the director’s decision.

The director shall immediately forward the application and the reasons for its denial to the city council. The city council shall determine the appeal de novo within ten working days from the receipt of the appeal by the city clerk, or at its first meeting after the appeal, whichever is later. The decision of the city council shall be final. (Ord. 1366 § 7, 2014: Ord. 1236 (part), 1998).

16.50.070 Revocation of permit.

A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits. The director or the city council shall have the authority to revoke a permit upon a finding of violation of any rule, ordinance, applicable permit condition or use agreement, or upon good cause shown. (Ord. 1236 (part), 1998).

16.50.080 Enforcement and penalties.

(a)    The director and the police department shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter. The director and the police department shall have the authority to order any person or persons acting in violation of this chapter to leave the park or venue immediately.

(b)    Any person found guilty of violating any provision of this chapter is guilty of an infraction and shall be punished by a fine of up to two hundred fifty dollars or in an amount equal to double the permit fees applicable to the person’s use, whichever is greater. A separate offense shall be deemed committed on each day on which a violation occurs or continues. (Ord. 1236 (part), 1998).