2. Exclusive Use Of Parks, Community Buildings And Recreation Facilities
3/09 13-2-1 13-2-4
EXCLUSIVE USE OF PARKS, COMMUNITY BUILDINGS AND RECREATION FACILITIES
13-2-1: PURPOSE AND INTENT
13-2-2: COMPLIANCE REQUIRED
13-2-3: PARK APPLICATION
13-2-4: CONTENTS OF USE PERMIT APPLICATION
13-2-5: ACTION ON USE PERMIT APPLICATION
13-2-6: RIGHT OF APPEAL
13-2-7: FEES AND DEPOSITS
13-2-9: VIOLATION OF PERMIT
13-2-10: ENFORCEMENT OF RULES
13-2-11: ENFORCEMENT OF APPLICABLE LAWS AND ORDINANCES
13-2-1: PURPOSE AND INTENT: (3455) The City's parks, community buildings and recreation facilities shall be made available for the exclusive use of persons and groups subject to the issuance of a use permit by the Director and subject to payment of fees therefore as provided. No use of any park, building or recreational facilities for pre-advertised assemblies or groups consisting of twenty five (25) or more persons may be made without the issuance of permit therefor. All applications for exclusive use of any park, building or recreation facility must be signed or co-signed by some person at least twenty one (21) years of age who shall agree to be responsible for payment for any damage occurring during said exclusive use. No exclusive use permit will be granted if, prior to the time the application was filed, the City has scheduled a City-sponsored event at the same time and place as the activity proposed in the application.
No exclusive use permit shall be granted for use of a park or other facility for any activity involving more than one hundred (100) participants during any of the time between one hour before sunset and one hour after sunrise, unless the park or facility has the appropriate program lighting, and the desired park is large enough to accommodate the anticipated number of participants. Special requests, such as for Easter Sunrise Services, will be considered on an individual basis by the Director.
13-2-2: COMPLIANCE REQUIRED: It shall be unlawful for any person to utilize parks, buildings or recreation facilities of the City on an exclusive basis unless that person complies with this Chapter and Chapter 1 of Title XIII of the Westminster Municipal Code and the regulations promulgated thereunder.
13-2-3: PARK APPLICATION: Any person applying for a use permit hereunder shall file an application for such permit with the Director not less than twenty (20) days nor more than one hundred twenty (120) days prior to the proposed use of said park or facility. The Director may waive the twenty (20) day period if applicant waives all appeal rights.
13-2-4: CONTENTS OF USE PERMIT APPLICATION: (3455) The application shall contain, but not be limited to the following:
(A) Name of each applicant, sponsoring organization and the person or persons who are in charge of, or responsible for, the proposed activity;
(B) The business and residence address and telephone numbers of each person and entity named in Subsection 13-2-4(A), above;
(C) The park, building, recreation facility or portion thereof being applied for;
(D) The starting time of the proposed activity;
3/09 13-2-4 13-2-5
(E) The finishing time of the proposed activity;
(F) The number of persons expected to attend the activity;
(G) Additional City facilities or equipment requested such as personnel, tables, chairs, etc.;
(H) The nature of the proposed activity or activities including equipment and vehicles to be brought into the park, building or recreation facility, the nature and duration of the use of such equipment, and the nature and duration of the use of any amplified sound, whether speech or music;
(I) Any fees, charges or donations to be collected, and;
(J) Estimated number of parking spaces required.
13-2-5: ACTION ON USE PERMIT APPLICATION: (3455)
(A) The Director will grant or deny such application on or before seven (7) days after the filing of the application unless the time for such granting or denial of the permit has been waived by the applicant in writing. The decision granting or denying said application will either be delivered in person or mailed to the applicant by first-class mail.
(B) The Director may grant the application if the proposed use complies with all applicable ordinances and regulations, and upon granting any permit may impose reasonable requirements and conditions concerning the use of the park, building or recreation facility by applicant.
(C) The Director, upon the advice in writing of the Chief of Police or that person’s designee that the size and activity of the expected crowd will draw from other areas of the City so much police personnel for crowd control that other areas of the City will be left unprotected, shall impose a requirement of one crowd control monitor per one hundred (100) persons expected to attend the proposed activity. The Director shall require a one hour training program to be conducted by the Chief of Police or that person’s designee for the crowd control monitors at a reasonable time and place prior to the proposed activity, which time and place shall be set by the Chief of Police or that person’s designee. The applicant shall, within two (2) days of the receipt of the Director's decision, supply to the Director a list of the proposed crowd control monitors, including their names, addresses and telephone numbers. The applicant may, at his option, provide police reserve personnel or duly licensed private patrolmen instead of crowd control monitors in the numbers approved by the Director and Chief of Police. In the event the applicant provides police reserve personnel or duly authorized patrolmen, no training session will be required.
(D) The Director may grant the application for a park, building or recreation facility other than the location applied for, with the consent of the applicant, in the event that a permit has already been issued for the same facility for the date and time requested, or the requested facility does not meet the needs of applicant, or the requested facility is otherwise unsuitable for the use requested. In the event that more than one application is received for one park, building or recreation facility for use on the same day, the Director shall consider the following priorities in determining which application to grant:
First - Uses sponsored or cosponsored by the City.
Second - Uses sponsored by the School Districts within the boundaries of the City.
Third - Groups composed primarily of City residents.
Fourth - Groups composed primarily of nonresidents.
3/09 13-2-5 (E) 13-2-7
(E) Notwithstanding the foregoing, the Director may revoke any previously issued permit if the City requires the facility for a City function, upon giving the permit holder seven (7) days notice.
(F) The Director shall deny the application or revoke a permit if he or she finds that any of the following conditions exist:
(1) The City has no park, building or recreation facility that will accommodate the activity of applicant.
(2) The proposed activity is of a size or nature that requires the diversion of so great a number of police officers of the City to properly police the areas that police protection to the City will be impaired.
(3) The applicant has failed or refused to provide a reasonable means of informing all of the persons participating in the proposed activity of the terms and conditions of such permit.
(4) That the applicant refuses to agree in writing to comply with all conditions in the permit.
(5) That the applicant fails to file a timely application, unless waived by Director and applicant waives all right of appeal.
(6) That the application therefor contains false information.
Such denial shall specify the grounds therefor.
13-2-6: RIGHT OF APPEAL: (A1889 3455) With respect to use permits, an applicant may appeal the decision of the Director to the City Manager. Applicant must file said appeal with the City Manager within five (5) days of the Director's mailing of such decision. The City Manager shall hold a hearing following the filing of said appeal at the office of the City Manager. Said hearing must be held within two (2) weeks of the date of the filing of said appeal, at which time applicant may present any and all evidence, testimony and information relevant to the application. The City Manager shall within twenty four (24) hours of said appeal hearing issue a decision either affirming the denial of the application or directing the Director to issue a permit as applied for subject to any reasonable terms and conditions.
13-2-7: FEES AND DEPOSITS: (A2431 3455)
(A) Upon the granting of a permit under this Chapter, any fees or deposits required for the use of City personnel, parks, community building, equipment, or recreational facility shall be contained in said permit and said fees or deposits shall be paid by applicant prior to issuance of the permit. Fees and deposits required shall be set by the Director subject to the approval of the City Council. Fees for special equipment and/or personnel unknown at time of application will be billed after the activity when computation thereof is accomplished.
(B) The City Council hereby finds that from time to time, changes in fees for use of City equipment and facilities must be made in response to fees charged by other entities for similar equipment and facilities, and the need for the costs of such equipment and facilities; that such fees may increase or decrease rapidly in response to market conditions and citizen requests, and that flexibility in setting the changing fees is necessary to remain competitive and responsive to citizen needs. It is the intent of Council to establish a flexible and responsive system of setting and changing fees.
(C) The City Manager is hereby authorized to annually adjust park, recreation and library usage policies and annually adjust fees based on the Denver-Boulder Consumer Price Index (CPI). Such fees shall include identification card fees, facility season pass fees, facility and park admission fees, and other fees for participation or use of City equipment or facilities.
3/09 13-2-7 (D) 13-2-11
(D) The City Manager shall periodically review the cost of providing services, facilities and equipment for parks, recreation and libraries to determine if fees should be raised more than the increase in the annual CPI in order to promote cost recovery for such services, facilities and equipment from those who use them. If the City Manager determines that fees should be raised more than the increase in the annual CPI, the City Manager shall report to the City Council, who shall then approve or disapprove such fees by Resolution.
13-2-8: LIABILITY: All persons to whom an exclusive use permit has been granted must agree in writing to hold the City, its employees or agents harmless and indemnify same from any and all liability for injury to persons or property occurring as a result of the activity sponsored by permittee and said person shall be liable to the City for any and all damage to parks, facilities, buildings, and equipment owned by same, which results from or during the activity of permittee or is caused by any participant in said activity. Director may in his discretion require evidence of liability insurance covering both the applicant and City in an amount the Director deems adequate.
13-2-9: VIOLATION OF PERMIT: Violation of any of the terms and conditions of the permit by the permittee, shall be grounds for revocation of said permit.
13-2-10: ENFORCEMENT OF RULES: (3455) The Director and any law enforcement officer acting in the line of duty shall diligently enforce the provisions herein and shall have the authority to eject, from any park, community building, or recreation facility any person acting in violation of the provisions of this Title or any posted rules or regulations promulgated hereunder. Further, the Director shall have the authority to deny use of parks, community buildings, or recreational facilities to individuals or groups who refuse to comply with the provisions of this Title and regulations promulgated hereunder.
13-2-11: ENFORCEMENT OF APPLICABLE LAWS AND ORDINANCES: (796 3455) All persons entering parks, community buildings, or recreational facilities shall abide by the rules and regulations of the City, as provided in Title XIII of the Westminster Municipal Code, and the instructions and directions of duly authorized agents, employees or law enforcement officers of the City in their line of duty.