§ 24-6. Permit requirements for use of city parks.

(a)

Permit required. No person shall hold, organize, or sponsor any assemblage or gathering (hereinafter "event") in any city park (i) that will be attended by two hundred (200) or more persons, or (ii) that, regardless of the number of persons anticipated to be in attendance, will require the normal operations of the city park to be altered, unless a permit therefor has been granted by the director of parks and recreation. This permit shall be in addition to (i) any other permit that may be required by federal, state or local law, and (ii) payment of the applicable fee or fees, if any, established pursuant to section 24-3.

(b)

Application: Contents and fee. An application for any permit required by this section shall be made to the director of parks and recreation, accompanied by the applicable nonrefundable processing fee established pursuant to section 24-3. The application must be submitted to the director of parks and recreation not less than thirty (30) days prior to the date of the proposed event, and not more than twelve (12) months prior to the date of the proposed event. The application shall contain the following information, utilizing a form provided by the department of parks and recreation:

(1)

The name of the park;

(2)

The nature, date, duration and estimated attendance of the event;

(3)

Provisions for sanitation facilities, crowd, noise and traffic control, and parking;

(4)

The designation of an individual or individuals who shall be responsible for ensuring compliance with (i) the provisions of this section, (ii) applicable policies, procedures, rules and regulations of the department of parks and recreation adopted pursuant to section 24-3, and (iii) any specific conditions of the permit; and

(5)

Such other information as may reasonably be required by the director of parks and recreation.

(c)

Application: Submission and processing requirements:

(1)

A completed application shall be processed and either granted or denied within a reasonable time, but not more than forty-five (45) days following receipt thereof. A decision to deny an application shall be in writing, setting forth the reasons for denial, and shall be provided to the applicant either in person or at the address stated in the application.

(2)

If an application is submitted to the city less than thirty (30) days prior to a proposed event, the director of parks and recreation may modify the requirements of subsections (b) and (c) upon a demonstration by the applicant, in writing, that circumstances giving rise to the proposed event did not reasonably allow the applicant to apply for a permit within the time prescribed.

(d)

Permit approval process. Except as provided in subsection (i) of this section, the permit shall be granted by the director of parks and recreation if the proposed use of the city park:

(1)

Will not generate excessive or unreasonable traffic or noise or otherwise adversely affect the public health, safety or welfare; and

(2)

Will not be so extensive or require the use of such portion of the city park as to unreasonably interfere with the primary use or uses for which such park is designed or intended.

(e)

Permit requirements:

(1)

The permittee shall comply with all policies, procedures, rules and regulations for pertaining to the use of city parks as adopted by the director of parks and recreation.

(2)

The director of parks and recreation may impose, as conditions to granting a permit, such further requirements and restrictions as may be determined to be reasonably necessary to protect the public health, safety, welfare, peace and order. Such conditions may include, but are not limited to:

(i)

The payment of a reasonable fee for the use of such park, based upon the additional maintenance and/or other costs incurred by the city in relation to such use, not to exceed the actual costs incurred by the city;

(ii)

The provision of adequate security personnel and parking attendants;

(iii)

The posting of a performance bond or other surety securing payment of the aforesaid fee and compliance with any and all conditions of the permit;

(iv)

Proof of liability insurance underwritten by insurers acceptable to the city, indemnifying the applicant against any perils, suits, claims and losses which may arise in connection with the proposed activity. Such coverage shall be in amounts consistent with a standard schedule approved by the city, based upon risks associated with each type of event, in consideration of anticipated attendance;

(v)

A limitation upon the number of persons who may assemble in the requested area;

(vi)

Designation of an area compatible with anticipated crowd size and proposed activities;

(vii)

Any of the additional requirements for special events set forth in section 4-1 of this code.

(f)

Notice of denial; hearing. In the event the application fails to meet any one (1) or more of the criteria set forth in subsections (d) and (e) of this section, the permit shall be denied; however, prior to any final decision to deny a permit, the applicant shall be apprised of the reason(s) for such denial and shall be entitled to a hearing before the city manager or his designee.

(g)

Grant of permit subject to terms and conditions. If a permit is denied because the proposed use of a park is so extensive or requires the use of such portion thereof as will substantially interfere with the primary use or uses for which such park is designed or intended, the city council may, in its discretion, direct that the permit be granted, subject to such terms and conditions as the city council may deem proper. No such action shall be taken by the city council except upon public notice and hearing. Such notice shall be by publication at least once in a newspaper of general circulation within the city not less than seven (7), nor more than fourteen (14), days prior to the hearing and by posting of a sign at the proposed place of gathering. The cost of such notice shall be borne by the applicant.

(h)

Exceptions for expressive activities:

(1)

Liability insurance, payment of the permit fee and administrative costs, and provision of security personnel and parking attendants may be partially or completely waived for any noncommercial event which is held strictly for the purpose of expressive activity upon a demonstration, in writing, by the applicant (i) that the applicant is financially unable to pay the costs of such fees and services and (ii) that the right to engage in expressive activity would be unreasonably curtailed by failure to waive such requirements; provided, however, that insurance may be required for collateral activities such as food service and the use of structures and equipment which present a demonstrable risk or hazard.

(2)

Upon a demonstration that enforcement of the limitation provisions of subsections (b) and (c) of this section would unreasonably restrict the right of free expression, the director of parks and recreation shall waive the time prescribed for advance notice of an event and impose only such provisions as will not unreasonably restrict the element of timeliness of the expressive activity.

(3)

For purposes of this section, the term "expressive activity" means a public gathering, procession or parade, the primary purpose of which is the exercise of the rights of assembly and free speech as guaranteed by the First Amendment of the Constitution of the United States.

(i)

Denial or revocation of permit:

(1)

The director of parks and recreation shall have the authority to deny an application or to revoke a permit for any of the following reasons:

(i)

Violation of any of the provisions of this section;

(ii)

Violation of any applicable policies, procedures, rules and/or regulations adopted by the director of parks and recreation pursuant to section 24-3 of this code;

(iii)

Violation of any specific condition(s) of the permit;

(iv)

A material misrepresentation, intentional or otherwise, made on or in connection with the application; or

(v)

When denial of an application or revocation of a permit is necessary to protect the public health, safety and welfare, or is necessary for environmental considerations.

(2)

In the event a permit is revoked, the director of parks and recreation shall so notify the sponsor, or the individual(s) designated pursuant to subsection (b)(4), who shall cause the persons who are attending the event to immediately leave the city park at which the event is being held.

(j)

Administration. The city manager may designate one (1) or more officers or employees of the city to administer the provisions of this section.

(k)

Violation. Any person who violates any provision of this section shall be guilty of a Class 1 misdemeanor.

(Ord. No. 2137, 6-9-92; Ord. No. 2454, 7-8-97)

(Ord. No. 2137, 6-9-92; Ord. No. 2454, 7-8-97)