§ 18-25. Standards for issuance of permit; procedures.

(a)

A permit for an activity in or use of a park shall be issued unless it is found:

(1)

That the proposed activity or use of the park will unreasonably interfere with or detract from the general public use and enjoyment of the park; or

(2)

That the proposed activity or use of the park will unreasonably interfere with or detract from the public health, safety or welfare; or

(3)

That the conduct of the proposed activity or use is reasonably likely to result in or create a clear and present danger of violence by the applicant or by others to persons or property resulting in serious harm to the public;

(4)

That the facilities desired have been reserved for another activity or use at the day and hour requested in the application;

(5)

That false or misleading information is contained in the application or required information is omitted; or

(6)

That the event would violate any federal, state or municipal law.

(b)

The director may impose reasonable conditions or restrictions on the granting of a permit, including, but not limited to, any of the following:

(1)

Restrictions on fires, fireworks, amplified sound, use of alcoholic beverages, dancing, sports, use of animals, equipment or vehicles, the number of persons to be present, the location of any bandstand or stage, or any other use which appears likely to create a risk of unreasonable harm to the use and enjoyment of the park property;

(2)

A requirement that the applicant post a reasonable deposit of security for the repair of any damage to park property, or the cost of cleanup or both;

(3)

A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate security forces by the city at the proposed use or activity;

(4)

A requirement that the permittee furnish additional sanitary and refuse facilities that might be reasonably necessary, based on the use or activity for which the permit is being sought.

(5)

A requirement that the permittee also apply for and obtain a city special event permit.

(c)

Permits shall not be transferable without the written consent of the director.

(d)

Within four (4) days after submission of an application, the director shall apprise an applicant in writing of such director's approval or reasons for refusing a permit or of any conditions attached to the issuance of a permit, and any aggrieved person shall have the right to appeal in writing within six (6) days to the city manager, who shall consider the application, under the standards set forth in subsection (a) of this section or other reasons deemed by the city manager to be detrimental to the use of the public parks and sustain or overrule the director's decision.

(e)

A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in such person's permit.

(f)

The person to whom a permit is issued shall be liable for any loss, damage or injury to any person or property whatever by reason of the negligence of the person to whom such permit was issued.

(g)

The director or his designee shall have the authority to revoke a permit upon a finding of violation of any rule, ordinance, state or federal law, or upon the violation of any condition or restriction under which the permit was issued.

(h)

The director or his designee shall have the authority to reject a permit for a special event if the director has determined that the infrastructure of the park would not support the event.

(Ord. No. 6586, § 1, 3-5-02)