Chapter 12.37
SUTHERLIN COMMUNITY CENTER
Sections:
12.37.040 Schedule for use of premises and personalty.
12.37.060 Use of the premises and personalty.
12.37.070 Compliance with laws.
12.37.080 Workers’ compensation.
12.37.090 Damage to premises or personalty.
12.37.110 Waiver of rental fees.
12.37.120 Waiver of indemnification and insurance.
12.37.010 Purpose.
The purpose of this chapter is to regulate the use of the Sutherlin Community Center. The Sutherlin Community Center and all equipment, furnishings, and other personal property kept at the Sutherlin Community Center will be operated, maintained, used and rented for use in accordance with this chapter. (Ord. 937 § 1 (part), 2002)
12.37.020 Short title.
This chapter will be known as and may be cited as the Sutherlin Community Center ordinance. (Ord. 937 § 1 (part), 2002)
12.37.030 Definitions.
The following definitions apply to words and phrases used in this chapter:
“Applicant” means any person or entity who submits an application for a waiver of rental fees or insurance under Section 12.37.110 or Section 12.37.120.
“Environmental laws” means laws relating to environmental health hazards, environmental pollution or preservation of natural resources.
“Premises” means all or part of the Sutherlin Community Center building, grounds, appurtenances and fixtures.
“Hazardous substance” means any substance regulated by an environmental law which poses a hazard to human health or the environment, including “hazardous substances” as defined in ORS 465.200 and “hazardous chemicals” described in Section 12.37.070(C).
“Laws” means the all codes, statutes, regulations, rules, orders, ordinances, and other legal requirements of federal, state and local governmental bodies and agencies that affect use of the premises or personalty or activities that occur at the premises.
“Personalty” means materials, equipment, furnishings, supplies and other personal property kept at the Sutherlin Community Center by the city.
“User” means any person or entity who enters into a “rental agreement” with the city for use of the premises or personalty. (Ord. 937 § 1 (part), 2002)
12.37.040 Schedule for use of premises and personalty.
A. The city will maintain a schedule for use of the premises and personalty and will allow any person and entity to reserve the use of all or part of the premises or personalty subject to the following conditions:
1. Prospective users must request a rental agreement form for use of the premises or personalty from the city.
2. No person or entity will be allowed to enter into a rental agreement if the actual user will be a different person or entity.
3. A prospective user must have legal capacity to contract with the city.
4. The prospective user who submits a complete, signed rental agreement to use all or part of the premises or personalty at a particular time will have priority to use that part of the premises or personalty requested for the period requested, so long as the prospective user conforms to all conditions stated in this chapter and the rental agreement.
5. The city may maintain a waiting list of prospective users ranked by the time that each completed rental agreement submitted to the city is filed. The city may offer the premises or personalty to the next prospective user on the waiting list, if the rental agreement submitted by the prospective user with first priority under subsection (A)(4) of this section is rejected or cancelled by the city.
6. The city may require a prospective user to submit information to the city with the rental agreement to determine whether the rental agreement should be approved by the city. The city reserves complete discretion to approve or reject a proffered rental agreement or to require special conditions to be added to the rental agreement.
B. The city may refuse to enter into a rental agreement if:
1. The prospective user does not have a satisfactory record of performance under previous agreements to use the premises or personalty, other facilities of the city or facilities rented from other persons or entities;
2. The prospective user intends to use the premises or personalty for purposes that may violate laws;
3. The prospective user submits an application that is subject to conditions that have not been approved in advance by the city; or
4. The prospective user has not provided all information required by the application or requested by the city. (Ord. 945 § 1, 2003: Ord. 937 § 1 (part), 2002)
12.37.050 Rental agreement.
A. Except as provided in Section 12.37.120, the rental agreement must require the user to defend and indemnify the city for demands, claims, actions, arbitrations, and other adversarial proceedings that are asserted, filed, prosecuted, or appealed against the city by a person or entity other than the user and any resulting expenses and liabilities, including damages, penalties, attorney fees, mediation costs, arbitration costs, and litigation costs resulting in whole or in part from:
1. The negligence or other torts of the user or an invitee of the user;
2. Breach of the user’s obligations under this chapter or the rental agreement;
3. Any breach of any contract between the user and any third party concerning goods and services provided to the user for use of the premises;
4. Any violation of law, including environmental laws, committed by the user or any officer, agent, employee, volunteer or contractor who provides services to the user at the premises; and
5. Any other acts or omissions for which the user is at fault.
B. Except as provided in Section 12.37.120, the rental agreement will require the user to provide liability insurance coverage that is sufficient to cover third party claims under ORS 30.260 to 30.300.
C. The city manager may include any provisions in rental agreements that the city manager deems necessary to protect the property and interests of the city.
D. A user cannot assign the rental agreement or allow any other person or entity to use the premises or personalty without the approval of the city manager.
E. Except as provided in Section 12.37.110 below, the user must pay the rental fee and a security deposit at the time the rental agreement is executed. The amount of the rental fee and security deposit will be established by resolution of the city council. (Ord. 937 § 1 (part), 2002)
12.37.060 Use of the premises and personalty.
A. Activities at the premises are subject to observation by representatives of the city.
B. The user shall use only that part of the premises and personalty designated in the rental agreement. The user shall use the premises and personalty only for the purposes stated in the rental agreement.
C. No person who uses the premises or city’s personalty, including the user and the user’s members, agents, employees, contractors, or invitees, shall engage in any activity that violates laws, including the following:
1. Sale or service of alcoholic beverages at the premises without a permit issued by the city police department;
2. Possession, delivery or use of any controlled substance at the premises, except for drugs other than medical marijuana that are held and used by a person pursuant to a legal prescription and applicable law;
3. Possession, delivery or use of marijuana under any circumstances, regardless of whether the person is allowed to possess, deliver, or use medical marijuana pursuant to ORS 475.300 to 475.346;
4. Use of tobacco products in the Community Center building; and
5. Use of tobacco products anywhere on the premises by persons under the age of eighteen (18).
D. The user shall take necessary actions to prevent illegal activities at the premises and shall immediately call 911 to report such activities.
E. The user shall take necessary actions to prevent or mitigate injury to persons, damage to property; or environmental pollution at the premises without waiting for instructions from the city. The user will be compensated for actions that are not necessitated by the wrongful acts or omissions of the user.
F. Upon expiration or termination of the rental agreement, the user shall:
1. Remove the user’s personal property from the premises;
2. Return personalty to the places designated in the rental agreement; and
3. Leave the part of the premises and personalty used by the user clean and ready for use.
G. If the premises or equipment will be used primarily for activities for minors who are not accompanied by their parents or guardians, the user must be an adult and responsible adults must be present at all times to oversee the activities of the minors and to assure that such activities do not violate this chapter or the provisions of the rental agreement. (Ord. 937 § 1 (part), 2002)
12.37.070 Compliance with laws.
A. The user must comply with all laws, including environmental laws, regardless of whether the laws are cited or stated verbatim in this chapter or the rental agreement.
B. The user must obtain the city’s consent prior to bringing any hazardous substances to the premises, and if such consent is granted the user shall undertake any preventive and remedial actions that are required by environmental laws for any hazardous substances.
C. The user shall implement precautions required for hazardous chemicals by ORS 654.750 or OAR Chapter 435, Division 155, that may be encountered or used at the premises. The city and the user will exchange material safety data sheets, label information and instructions for precautionary measures for any hazardous chemicals kept or used at the premises. (Ord. 937 § 1 (part), 2002)
12.37.080 Workers’ compensation.
A. The user and any contractors engaged by the user shall comply with ORS 656.017. All “subject workers” employed by the user or a contractor at the premises must be covered by workers’ compensation insurance.
B. Before engaging in any activities at the premises for which workers’ compensation coverage is required, the user and any contractor engaged by the user shall provide to the city a certificate of insurance for workers’ compensation coverage in a form acceptable to the city or a certificate of self insurance issued by Oregon Department of Consumer and Business Services pursuant to ORS 656.430. (Ord. 937 § 1 (part), 2002)
12.37.090 Damage to premises or personalty.
The user will be responsible for damage to the premises and personalty which results in whole or in part from:
A. The negligence or other torts of the user or an invitee of the user;
B. Breach of the user’s obligations under this chapter or the rental agreement;
C. Any breach of any contract between the user and any third party concerning goods and services provided to the user for use of the premises;
D. Any violation of law, including environmental laws, committed by the user or any officer, agent, employee, volunteer or contractor who provides services to the user at the premises; and
E. Any other acts or omissions for which the user is at fault. (Ord. 937 § 1 (part), 2002)
12.37.100 Security deposit.
A. A user must pay a security deposit in an amount set by the city council to cover any damage to the premises under Section 12.37.090 and other monetary obligations of the user to the city.
B. Any part of the security deposit that is not used for the purposes stated in subsection A of this section will be refunded to the user.
C. The user’s liability to the city will not be limited to the amount of the security deposit.
D. The user and the city may agree in writing to have the city retain the security deposit paid under one rental agreement to cover future rental agreements. (Ord. 937 § 1 (part), 2002)
12.37.110 Waiver of rental fees.
A. A prospective user may submit, with the proposed rental agreement, a written application to have the city waive payment of all or part of the rental fee. The city, at its discretion, may waive the rental fee for the premises and personalty if:
1. The application conforms to all provisions of this chapter;
2. The applicant is private nonprofit association or corporation which is located in the city or which provides services within the city;
3. During the twelve (12) calendar months preceding the application, members of the applicant have performed more than forty (40) volunteer hours of services that benefit the city or the citizens of the city as documented on the application for waiver of fees; and
4. The applicant has not breached any prior rental agreement for use of the premises or personalty.
B. The city will notify an applicant when the application for a fee waiver is either approved or denied. If the city denies an application for waiver of the rental fee, the applicant shall pay the rental fee immediately after the city gives the applicant notice of denial. (Ord. 937 § 1 (part), 2002)
12.37.120 Waiver of indemnification and insurance.
A. A prospective user may submit, with the proposed rental agreement, a written application to have the city waive the requirement to provide indemnification and liability insurance under Section 12.37.050.
B. The city, at its discretion, may waive or modify the requirements for indemnification and liability insurance if:
1. The conditions stated in Section 12.37.110(A) exist; and
2. Waiving indemnification and insurance will not result in a serious risk of loss for the city. (Ord. 937 § 1 (part), 2002)
12.37.130 Administration.
Unless a specific provision of this chapter provides otherwise, wherever this chapter refers to an action and decision by the city, it will be taken or made by the city manager or a person to whom the city manager has delegated authority. (Ord. 937 § 1 (part), 2002)