§ 12-33. Park operating policy.

(a)

Hours: Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall be posted therein for public information. It shall be unlawful for any person to use the park at a time contrary to the posted hours for use of such park.

(b)

Closed areas: Any section or part of any park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals, as the director shall find reasonable necessary. It shall be unlawful to use any park or any area thereof which has been posted by the director as closed.

(c)

Lost and found articles: All lost and found articles located in the park shall be turned in to park attendants who shall report the same to the director. The director shall safeguard such articles and shall make every reasonable effort to find the owner thereof, and the park attendant shall make every reasonable effort to locate articles reported as lost and return such articles to the owner.

(d)

Permit: A permit shall be obtained from the director before participating in the following park activities:

(1)

Any activity requiring or seeking exclusive use of the park or any park facility.

(2)

Any use of the park or park facilities which amounts to a special event or special activity, not normal to every-day park use and activity:

a.

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

(i)

The name and address of the applicant;

(ii)

The name and address of the persons sponsoring the activity;

(iii)

The day and hour for which the permit is desired;

(iv)

The park or portion thereof for which such permit is desired;

(v)

An estimate of the anticipated attendance;

(vi)

Any other information which the director shall find reasonable necessary to a fair determination as to whether a permit should issue hereunder.

b.

Standards for issuance: The director shall issue a permit hereunder when such director finds:

(i)

That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;

(ii)

That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;

(iii)

That the proposed activity or use will not lead to or incite violence, crime, or disorderly conduct;

(iv)

That the proposed activity will not entail unusual, extraordinary or burdensome expense to the park and recreation authority;

(v)

That the facilities desired are adequate and have not been reserved for other use at the date and hour required.

c.

Appeal: Within seven (7) days after receipt of an application, the director shall either grant or refuse a permit, apprising the applicant in writing of such director's reasons for refusing a permit. In the event such permit is refused, any person aggrieved by such refusal shall have the right to appeal in writing within seven (7) days to the city council. The decision of the city council shall be final.

d.

Effect of permit: A permittee shall agree to be bound by all park rules and regulations.

e.

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

f.

Revocation: The director shall have the authority to revoke the permit on a finding of violation of any rule or ordinance, or upon good cause being shown therefore.

(Ord. No. 06-0724, 7-24-2006; Ord. No. 06-0807, 8-7-2006)