§ 30-5. Reservation of park space.

(a)

Policy on reservation. The City-owned park and park facilities and shelter areas are primarily for the nonexclusive use of the residents and visitors of the City. However, under proper circumstances, exclusive use of the same or parts thereof may be permitted. This section is intended to regulate exclusive use of municipally-owned parks, park facilities, park shelters or parts thereof, excluding camping areas, in the City to the end that the general welfare of the City is protected.

(b)

Reservation of park space. A responsible person, age 18 or over, may reserve the use of a park facility or a park shelter by written application filed with the Parks and Recreation Director for a permit for exclusive use of the same. The Parks and Recreation Director shall issue permits for exclusive use of a portion of a park or park shelter, while the Parks and Recreation Committee shall issue permits for the exclusive use of City parks. All reservations shall be made on application forms in the office of the Parks and Recreation Director and shall be on a first-come, first-served basis, provided however, that any City-based church or civic group may make reservations for dates used by it in past years on a continuing basis, at any time. Reservation of a designated area shall give the party to who reserved the right to use such area to the exclusion of others for and during the period of reservation. Areas not reserved shall be open to use by all.

(c)

Application. Applications shall be filed with the Parks and Recreation Director at least 14 days, prior to the date, on which the exclusive use of the entire park is requested, or at least three days, prior to the date, on which a park shelter or a portion of a park is to be used, and shall set forth the following information regarding the proposed exclusive use:

(1)

The name, address and telephone number of the applicant.

(2)

If the exclusive use is proposed for a group, firm, organization, partnership or corporation, the name, address and telephone number of the headquarters of the same and the responsible and authorized heads or partners of the same.

(3)

The name, address and telephone number of the person who will be responsible for the use of the said park, area or facility.

(4)

The date when the exclusive use is requested and the hours of the proposed exclusive date.

(5)

The anticipated number of persons to use the said park, area or facility.

(6)

Any additional information which the Parks and Recreation Director or finds reasonably necessary to a fair determination as to whether a permit should be issued.

(d)

Action on application. The Parks and Recreation Director shall act promptly on all applications for permits for exclusive park use (not shelter use) after consulting with the applicant, if necessary.

(e)

Reasons for denial. Applicants under this section may be denied for any of the following reasons:

(1)

If it is for a use which would involve a violation of Federal or State law or any provision of this Code.

(2)

If the granting of the permit would conflict with another permit already granted or for which application is already pending.

(3)

If the application does not contain the information required by Subsection (c) of this section.

(4)

The application is made less than the required days in advance of the scheduled exclusive use.

(5)

If it is for a use of the park or park facility at a date and time when, in addition to the proposed use, anticipated nonexclusive use by others of the park or park facility is expected and would be seriously adversely affected.

(6)

If the law enforcement requirements of the exclusive use will require so large a number of persons as to prevent adequate law enforcement to the park, park facility or shelter area involved or of the rest of the City.

(7)

The exclusive use will reasonably create a substantial risk of injury to persons or damage to property.

(8)

The exclusive use is so poorly organized that participants are likely to engage in aggressive or destructive activity.

(f)

Indemnification. Prior to granting any permit for exclusive use of the park, the City may require the permittee to file evidence of good and sufficient sureties, insurance in force or other evidence of adequate financial responsibility, running to the City and such other third parties as may be injured or damaged, in an amount depending upon the likelihood of injury or damage as a direct and proximate result of the exclusive use sufficient to indemnify the City and such third parties as may be injured or damaged thereby, caused by the permittee, its agents or participants.

(g)

Permit not required for City activity. A permit is not required for exclusive use of the park or a park facility sponsored by the City.

(h)

Permit revocation. The Parks and Recreation Director, or Chief of Police may revoke a permit already issued if it is deemed that such action is justified by an actual or potential emergency due to weather, fire, riot, other catastrophe or likelihood of a breach of the peace or by a major change in the conditions forming the basis of the issuance of the permit.

(i)

Form of permit. Each permit shall be in a form prescribed by the Parks and Recreation Director and shall designate the park, park facility or shelter area involved, date, hours of the exclusive use, purpose of the exclusive use and the name of the person to which the permit is issued.

(j)

Class B Fermented Malt Beverage Licenses. When fermented malt beverages are sold at any event authorized by this section, a valid Fermented Malt Beverage License shall be obtained and the provisions of Sections 6-54 and 28-101 shall be fully complied with. Said license must be held by the person who filed the original license and shall be presented to any law enforcement officer upon request.

(k)

Care of facilities. Persons reserving City facilities shall be completely responsible for cleaning up the facilities after the event to the satisfaction of City officials. All reserved areas shall be left in a clean condition, with refuse placed in containers provided for such purpose. Any organization or corporation reserving any area in a City park shall agree to assume full responsibility for all damage to City property by any invitee of said organization or corporation and shall make full payment therefor upon billing by the City Clerk-Treasurer. Failure to do so shall deny future use of park facilities until such payment be made, in addition to any other remedy which the City may have.

(Code 1991, § 12-1-5)