Chapter 12.20
PERMITS, LICENSES AND RESERVATIONS
Sections:
12.20.030 Standards for issuance.
12.20.060 Liability of permittee.
12.20.010 Permit.
A person seeking issuance of a permit, license or reservation for use of a park area or facility shall make such request in writing to the director. The request shall state the park name, date and time of use and all information pertaining to the proposed use of the park facility. [Ord. 2019-146 § 2 (Exh. B); Ord. 2001-11; prior code § 15-4-1.]
12.20.020 Issuance.
A permit, license or reservation for use shall be obtained from the director by persons conducting, operating, presenting or managing any of the following activities:
A. Picnics, outings or gatherings sponsored by an organization or individuals that are attended by 100 or more persons.
B. An organization or individual holding a special event in the park. Special events include contests, exhibits, dramatic performances, spectacles, plays, motion pictures, radio or television broadcasts, fairs, circuses, jumping castles, shows, musical events such as a band, glee club, choir or orchestra concert, the use of public amplification systems, or any similar event.
C. The sale of alcoholic beverages as a regularly licensed concessionaire at municipal golf courses or sports fields.
D. The sale or giving away of food, refreshments (except nonperishable, prepackaged items contained within the manufacturer’s original unopened wrapping), articles or things to the public subject to the additional requirement that, in the case of the sale or giving away of food or refreshments that are either potentially hazardous prepackaged or not prepackaged, the applicant provide proof of a separately obtained health permit from the Pima County health department.
E. Announcing, advertising or calling to the public’s attention articles or services for hire.
F. Broadcasting of amplified sound, which shall be limited to a reasonable decibel level and allowed only in an area designated by the director.
G. The reservation of any park facilities for a certain person or group of persons to the exclusion of others.
H. Permit fees located in Chapter 3.10 STC. [Ord. 2019-146 § 2 (Exh. B); Ord. 2008-07 § 16; Ord. 2001-11; prior code § 15-4-2.]
12.20.030 Standards for issuance.
The director shall issue a permit, license or reservation on a town form when he or she finds:
A. That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public’s enjoyment of the park or cause annoyance or the disturbance of any other person’s reasonable use of park facilities, or cause annoyance or disturb the peace of persons residing near the park, or interfere with the maintenance of the park or its facilities;
B. That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
C. That the proposed activity or use is not unreasonably anticipated to incite violence, crime or disorderly conduct;
D. That the proposed activity will not entail unusual, extraordinary or burdensome expense or police supervision by the town;
E. That the facilities desired have not been reserved for other use at the day and hour required in the application;
F. In the case of vendors of food and refreshments who are not regularly licensed concessionaires, that the required fees have been paid. Those fees shall be as set from time to time by the director;
G. In the case of fairs, that vendors have paid the required fees. These fees shall be as set from time to time by the director. [Ord. 2019-146 § 2 (Exh. B); Ord. 2001-11; prior code § 15-4-3.]
12.20.040 Appeal.
If the permit is denied, the director shall notify the applicant in writing, within 10 working days after receipt of the request for permit, of the reasons for refusing a permit or reservation. An aggrieved person may either appeal in writing within six working days to the town manager, who shall consider the application under the standards set forth in STC 12.20.030 and sustain, modify, or overrule the director’s decision within six working days. [Ord. 2019-146 § 2 (Exh. B); Ord. 2001-11; prior code § 15-4-4.]
12.20.050 Effect of permit.
Any person using a permit, reservation or license shall be bound by all park rules and regulations and all applicable state statutes and the town codes as fully as though they were inserted in the form. The applicant shall retain the form in his or her possession at all times while utilizing the park and shall show the form to the director, his or her designees, or any peace officer upon request. [Ord. 2019-146 § 2 (Exh. B); Ord. 2001-11; prior code § 15-4-5.]
12.20.060 Liability of permittee.
The person or persons to whom a permit, license or reservation is issued shall be liable for any loss, damage or injury to any person or property whatever by reason of negligence of the person or persons, their agents or employees, to whom such permit, license or reservation shall have been issued. [Ord. 2019-146 § 2 (Exh. B); Ord. 2001-11; prior code § 15-4-6.]
12.20.070 Revocation.
The director may revoke a permit, license or reservation upon finding a violation of this code, state statute, or a park rule or regulation, or upon good cause shown. All reservations are voidable if the reserved area is not in use within 30 minutes after the reservation period starts. [Ord. 2019-146 § 2 (Exh. B); Ord. 2001-11; prior code § 15-4-7.]