Section 17-134 Permit.


    (a) Required. A permit shall be obtained from the director before participating in any special use or activity in a park. A list of such uses and activities shall be kept on file in the office of the parks and recreation department.

    (b) Application. A person seeking issuance of a permit hereunder shall file an application with the appropriate director. The application shall state:

    (1)    The name and address of the applicant.

    (2)    The name and address of the person sponsoring the activity, if any.

    (3)    The day and hours for which the permit is desired.

    (4)    The park or portion thereof for which such permit is desired.

    (5)    An estimate of the anticipated attendance.

    (6)    Any other information which the director shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.

    (c) Standards for issuance. The director shall issue a permit hereunder when he finds:

    (1)    That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public 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 use is not reasonably anticipated to incite violence, crime or disorderly conduct.

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

    (5)    That the facilities desired have not been reserved for other use at the day and hour required in the application.

(6)    That, if public liability insurance is required, the applicant has provided the director with a certificate of public liability insurance covering the proposed use or activity.  Public liability insurance shall be required as follows:

    a.    No insurance shall be required for events that use a park or park facilities for activities for which the park or park facilities were designed and that do not bring temporary portable facilities, structures or devices into the park.

    b.    Public liability insurance in the amount of one million dollars ($1,000,000.00) for all claims arising out of a single accident or occurrence and three hundred fifty thousand dollars ($350,000.00) for any one person in a single accident or occurrence, naming the City as co-insured, shall be required for events that involve moderate risk, such as:

i.    Festivals, concerts, contests, athletic camps and events, exhibitions and celebrations that are open to the general public and that are expected to have an attendance of 1,500 or less and that do not include the use of any high risk device or the participation in any high risk activity.  (See examples in item c below.)

ii.    The landing or take-off of individual hot air balloons (excluding commercial rides).

iii.    Any other event or activity that, in the judgment of the director, involves a moderate risk of injury.

    c.    Public liability insurance in the amount of two million dollars ($2,000,000.00) for all claims arising out of a single accident or occurrence and three hundred fifty thousand dollars ($350,000.00) for any one person in a single accident or occurrence, naming the City as co-insured, shall be required for events that involve a high risk, such as:

i.    Festivals, concerts, contests, athletic camps and events, exhibitions and celebrations that are open to the general public and that are expected to have an attendance of 1,500 or more or that involve a high risk of injury.

ii.    Hot air balloon festivals or competitions.

iii.    Events involving animals for show, display or rides.

iv.    Events involving devices that entail risk of injury including, but not limited to, inflatables (such as bounce houses), dunking booths, amusement or carnival rides, mock weapons, or battery or gas powered devices/toys.

v.    Any other event or activity that, in the judgment of the director, involves a high risk of injury.

    d.    The following involve excessive risk and shall not be allowed in City parks:

i.    Tethered hot air balloon rides.

ii.    Climbing walls.

iii.    Fireworks, pyrotechnic displays and torpedo/rockets.

iv.    Helicopters, airplanes, powered parachutes, hang gliders and other aerial or aviation devices other than hot air balloons.

v.    Motorized vehicle races or contests and precision driving contests and stunts.

vi.    Remote control airplanes.

    (d) Appeal. Within five (5) days after receipt of an application, the director shall apprise an applicant, in writing, of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal, in writing, within five (5) days to the city manager, who shall consider the application under the standards set forth in subsection (c) hereof, and sustain or overrule the director's decision within five (5) days. The decision of the city manager shall be final.

    (e) Effect of permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in said permits.

    (f) Liability of permittee. The person to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person to whom such permit shall have been issued.

    (g) Revocation. The director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown.

(Code 1964, § 2.990(4); Ord. No. 19926, § 1, 6-2-08)

     Cross reference(s)--Licenses, permits and miscellaneous business regulations, Ch. 13.


(Ord. 19926, Amended, 06/02/2008, Prior Text)