Chapter 12.16
ATHLETIC FACILITY USE REGULATIONS
Sections:
12.16.020 Scheduling priorities.
12.16.030 Scheduling procedures.
12.16.050 Rules and regulations.
12.16.060 Violation – Penalty.
12.16.010 Purpose.
The purpose of this document is for all city of Brier athletic facilities to:
A. Establish scheduling priorities;
B. Outline facility scheduling procedures;
C. Define fees and charges for use of the facilities;
D. Define rules and regulations regarding use; and
E. Assure equitable distribution and maximum use of the facilities by the public. (Ord. 409 § 1 (Exh. A) (part), 2013: Ord. 142.G § 1, 2001: Ord. 142.E § 1, 1998: Ord. 142.C § 1, 1987: Ord. 142(b), § 1, 1985: Ord. 142a § 1, 1983)
12.16.020 Scheduling priorities.
A. Priority use will be granted to organizations, clubs and groups residing within the corporate limits of the city of Brier, the boundaries of the Edmonds School District and the Northshore School District. All organizations desiring to utilize the facilities must provide a roster showing at least fifty percent of their membership residing within the boundaries described above. Exceptions to the above may be considered for tournaments, special events, etc.
B. Programs meeting the requirements of subsection A of this section will be scheduled as follows:
1. First priority: nonprofit community/city sponsored youth programs;
2. Second priority: nonprofit city sponsored adult programs;
3. Third priority: independent sponsored programs, family parties and private groups. (Ord. 409 § 1 (Exh. A) (part), 2013: Ord. 142.G § 2, 2001: Ord. 142.E § 2, 1998: Ord. 142.C § 2, 1987: Ord. 142(b), § 2, 1985: Ord. 142a § 2, 1983)
12.16.030 Scheduling procedures.
A. Requests for use of park or athletic facilities must be submitted on forms provided by the city and submitted to the Brier City Hall.
B. Facilities will be scheduled for three program periods each year which are as follows:
1. Spring/Summer (May, June, July, and August). Requests for this period will be accepted beginning January 1st.
2. Fall (September, October, and November). Requests for this period will be accepted beginning July 1st.
3. Winter (December, January, February, March, and April). Normally Brier facilities and parks will be closed to all organizations, clubs, and groups. Special consideration may be given to allow certain activities on a limited basis if field and facilities are in satisfactory condition. Any requests for this period will be accepted beginning October 1st of each year.
C. A scheduling meeting, if necessary, will be conducted within thirty days after the designated date for submission of requests. Following the scheduling meeting, approved requests will be mailed to each organization confirming the dates of use. Facilities will be assigned on an equitable basis and contingent upon field availability. Reassignments necessary due to inclement weather or facility closure will be made when possible.
D. The city reserves the right to limit the amount of play permitted on the facilities during any program period. Beginning and ending dates for field use will be established by the city for each period.
E. Field use requests must be accompanied by an organization information form defining pertinent information about the organization and their various programs.
F. All organizations shall submit two copies of their formal league schedule to the city thirty days before the program starting date.
G. Scheduled league games shall have priority for use of the facilities over practices. Maximum scheduled time per game is three hours and maximum scheduled time per practice is three hours. Practice session locations may be rotated around the field playing surfaces in accordance with existing field conditions. The department of public works will control use of the facility. (Ord. 409 § 1 (Exh. A) (part), 2013: Ord. 142.G § 3, 2001: Ord. 142.E § 3, 1998: Ord. 142.D § 1, 1993; Ord. 142.C § 3, 1987: Ord. 142(b), § 3, 1985: Ord. 142a § 3, 1983)
12.16.040 Fees and charges.
A. Fees and charges will be assessed for use of all facilities to help partially offset administrative and park operation costs; provided, however, for special events sponsored by the park board, or events of city-wide benefit which are also open to the general public, after approval by the city council, there shall be no fees or charges for usage for such events.
B. Facility Rental – Hourly Rates. The user shall pay for all reserved use at the rate established from time to time by city council resolution.
C. Tournament and Special Events Fees. The facility rental fees listed above will be charged accordingly for all tournaments and special events. Tournament requests are to be submitted on a tournament request form and must be accompanied by a fifty dollar deposit. If a gate entry fee is charged to the general public to observe the activity, ten percent of the gross gate income or twenty-five dollars per day, whichever is greater, will be required in addition to the above fees. All special event fees must be paid one week before the activity with the exception of the gate entry fee, which must be paid within forty-eight hours of the conclusion of the activity.
D. Collection of Fees. Billing statements for facility usage will be attached to approved facility use permits and must be paid within thirty days of receipt of approved permit. Failure to make payment within the thirty-day period will result in immediate termination of approved permit. All payments for fees and charges will be made by check payable to the city of Brier.
1. Exception. Fees may be paid in the form of services provided upon recommendation from the city of Brier public works superintendent and after approval by the city council.
2. Fees paid by services rendered shall require a written receipt describing the nature, amount, contribution, and relative value of the services rendered and received. Such receipt shall be provided to the public works superintendent or designee, and services in lieu of fees shall be accepted only to the extent that such services are actually rendered and provide a benefit to Brier facilities in an amount approximately equal to the fees due. The department of public works shall maintain and preserve such receipts for purposes of audit and review of payment of fees by services in lieu of cash payment.
E. Refunds.
1. Request for refunds must be submitted in writing to the city council. Refunds may be granted based on the following conditions:
a. Games or total tournament cancelled by the athletic team or organization at least five working days in advance.
b. Games or total tournament cancelled by weather conditions, which are not rescheduled to a later time or day.
c. Games or total tournament cancelled by Brier officials at least forty-eight hours in advance of the scheduled activity, and which has not been subsequently rescheduled to an earlier or later time and date.
d. Emergency, short or no notice cancellations, instituted by police, fire, park or official personnel, wherein the health and/or safety of the participants and/or spectators could be endangered, which are not rescheduled to a later date and time.
e. Adverse weather conditions which are not rescheduled to a later time or day.
2. All refunds for the above reasons will be made to the organization at the conclusion of the approved permit use.
3. Refunds will not be given for the following:
a. The cancellation of a portion of a game request, by an athletic team, organization or association.
b. The cancellation of a portion of a game request, caused by weather conditions.
c. Emergency, short or no notice, cancellation of a portion of a game request.
d. Practice permit fees.
e. For cancellation of reservations to use the picnic shelter for any reason. (Ord. 409 § 1 (Exh. A) (part), 2013: Ord. 361 § 1, 2008; Ord. 326 § 1, 2006; Ord. 142.H §§ 1, 2, 3, 2002; Ord. 142.G § 4, 2001: Ord. 142.E § 4, 1998: Ord. 142.C § 4, 1987: Ord. 142(b), § 4, 1985: Ord. 142a § 4, 1983)
12.16.050 Rules and regulations.
A. Illegal drugs are prohibited at all park facilities.
B. The use of fireworks are prohibited at all park facilities except for fireworks displays sanctioned by the city of Brier.
C. Alcoholic beverages may be permitted for special events only with approval of the Brier city council, further in compliance with all state liquor laws.
D. Motor vehicles are to be parked only in designated parking areas except as may be permitted for special events and approved by the Brier public works department.
E. Animals are not permitted on the park athletic fields or playground facilities at any time except for special events and approved by the Brier public works department.
F. No person shall mutilate, deface or damage any park facility or improvements. All litter shall be deposited in designated receptacles.
G. No person shall engage in the sale of any merchandise or services or operate any concession without prior approval of the city council; provided, however, that for those special events as defined in BMC 12.16.040(A), this requirement regarding limitation on sale of merchandise or services, or operation of concessions, shall be waived.
H. Minor organizations will not be permitted to use the facilities without adequate adult supervision at all times.
I. All organizations, groups and/or individuals using the facilities must leave them in a satisfactory condition. Failure to do so will result in additional maintenance costs charged to the organizations, group or individuals responsible for additional cleanup.
J. The city of Brier reserves the right to cancel any facility use permit for just cause or to amend the procedures set forth in this document at any time.
K. The park department, the department of public works or the city of Brier is not responsible for accidents, injuries or loss of property.
L. The misuse of a park facility or the failure to conform to these regulations will be sufficient reason for immediate permit suspension and/or denial of future applications.
M. The groups using the facilities agree to indemnify, defend and hold harmless the city of Brier from and against any and all claims for damages resulting from the death, personal injury or property loss or damage suffered or claimed to have been suffered by any person whatsoever and arising out of any act or omission of the applicant and/or its agents during use of the facilities.
N. Teams may not use ball fields unless prescheduled.
O. City ball fields and park facilities will be available for scheduling, as noted in BMC 12.16.030, Scheduling procedures.
P. Fields for practice or game sessions will not be lined.
Q. Official league schedules are due in this office thirty days prior to league play. Fields will not be maintained for league play unless this is done.
R. Forty-eight-hour notice is required for requests for additional field usage.
S. Cancellations of ball fields must be reported to this office five working days prior to date of scheduled usage.
T. When using park and playing fields, teams must furnish their own bases.
U. In the judgement of the city or umpires, a game may be cancelled due to wet grounds. A game played on wet grounds will cause damage to the field and delay future play. Field “closed” signs will be displayed at all park sites when fields are too wet.
V. City Hall is to be contacted if a user is not satisfied with the maintenance of fields during league play: (425) 775-5440.
W. Misuse of ball fields should be reported to (425) 775-5440.
X. Approved field or facility request forms must be carried and produced upon request of city officials.
Y. The mayor, director of community development and planning or designee, or chief of police may, as necessary, close the parks or use of park facilities at any time. Signs shall be displayed when such a closure occurs.
Z. All parks and park facilities shall be open from dawn to dusk except for city sanctioned events or by permission of the mayor.
AA. All organized athletic user groups shall supply the city proof of insurance for not less than one million dollars, and shall name the city of Brier as additionally insured before any issuance of use permits. The mayor or city council shall reserve the right to request any other organized users of park facilities to supply proof of insurance for not less than one million dollars and naming the city of Brier as additionally insured. (Ord. 409 § 1 (Exh. A) (part), 2013: Ord. 142.G § 5, 2001: Ord. 142.E § 5, 1998: Ord. 142.C § 5, 1987: Ord. 142(b), § 5, 1985: Ord. 142a § 5, 1983)
12.16.060 Violation – Penalty.
Violation of any part of this chapter shall constitute a nontraffic civil infraction as provided for in BMC 1.28.030 and shall be punished in accordance with the current general fine and penalty provisions for a Class B civil infraction. Failure to respond to a civil infraction or a second violation shall be issued a Class C civil infraction. Failure to respond to any civil infraction or further violation shall constitute a criminal misdemeanor for any person to mutilate, deface, or damage any park facility or improvement and shall be punished in accordance with the provisions set forth in BMC 1.28.030(A). (Ord. 435 § 2 (Exh. B) (part), 2016: Ord. 409 § 1 (Exh. A) (part), 2013: Ord. 142.G § 6, 2001: Ord. 142.E § 6, 1998: Ord. 142.C § 6, 1987: Ord. 142(b), § 6, 1985: Ord. 142a § 6, 1983)