Chapter 10.2
USE OF CITY PARKS AND OTHER CITY PUBLIC FACILITIES
Sections:
10.2.05 Attainment of permit: Facility use request form.
10.2.06 Grant or denial of permit.
10.2.12 Revocation of permits.
10.2.13 Compliance with other laws.
10.2.01 Findings and purpose.
a. The City Council of the City of Clovis finds, and this Chapter is adopted in light of these findings, that it is in the public interest to regulate the use of City Parks and other City Public Facilities for meetings, assemblies, activities or other events in order to ensure that such events are carried out in a safe manner, in a manner that does not unreasonably interfere with the use of such Parks and other Public Facilities by other members of the general public not participating in the event and in a manner which does not damage park playgrounds and other City property, including landscaping or natural vegetation.
b. The City Council of the City of Clovis further finds and notes that the use of City Parks and other Public Facilities is controlled by different departments of the City or other public agencies which have different facility use policies. These departments include the Parks Division of the Public Utilities Department which deals with City Parks, the Senior Citizens Center administered by the General Services Department, the Veterans Memorial Park which is overseen by the Memorial District under contract with the City, the Civic Center which is overseen by the City Administration, and the Recreation Division of the General Services Department which also deals with City Parks. It is the desire of the City that all City Parks and other Public Facilities be governed by a single ordinance with each department or agency that governs the use of Public Facilities having a supplemental use policy applicable to the use of Public Facilities under the management and control of those departments or agencies. (Ord. 97-10, eff. June 5, 1997)
10.2.02 Definitions.
Unless the contrary is stated or clearly appears from the context, the following terms shall have the meanings ascribed to them in this Chapter.
“Facilities Manager” means the officer or employee responsible for the use of Public Facilities under that official’s or employee’s management and control and will normally be a department head, and includes the Facilities Manager’s designee.
“Function” means the meeting, assembly, activity, or other event within a City park or other City Public Facility for which a permit is granted pursuant to this Chapter.
“Organization” means any firm, proprietorship, partnership, joint venture, association, corporation, religious organization, or the equivalent of the foregoing.
“Person” means any individual or group of individuals.
“Public Facility” means a City park or portion thereof, or other City facility or portion thereof, open to the general public for use by City residents and includes City parks, the City Civic Center located on Fifth Street, other City owned and leased property, and property or facilities utilized by the City under agreements with other agencies, and includes Special Use Areas.
“Special Use Areas” means those areas of a Public Facility designated for special uses by the Facilities Manager, as set forth in Section 102.03. (Ord. 97-10, eff. June 5, 1997)
10.2.03 Special use areas.
The Facilities Manager may select and designate Special Use Areas in any Public Facility which may be limited to special uses, at all times or at certain times, for which a permit shall be required as specified in this Chapter. Such uses may include, but are not limited to, sports, games, or other recreational activities, picnics, assemblies, entertainments, performances, concerts, exhibitions, and weddings. (Ord. 97-10, eff. June 5, 1997)
10.2.04 Permits required.
A permit shall be obtained prior to using a Public Facility under the following circumstances:
a. Where any Person or Organization wishes to use or reserve a Public Facility for their exclusive use. Note: certain parks or other facilities, because of their public nature may not be used or reserved for exclusive use. The Facilities Manager will make this determination.
b. Where any Person or Organization wishes to use or reserve a Special Use Area.
c. Where any Person or Organization wishes to use or uses a Public Facility for an event that is reasonably expected to attract more than 24 people.
Permits shall be issued by the Facilities Manager in accordance with the provisions of this Chapter. (Ord. 97-11, eff. June 5, 1997)
10.2.05 Attainment of permit: Facility use request form.
a. Any Person or Organization wishing to use a Public Facility which requires a permit must submit a Facility Use Request Form to the Facilities Manager. The form may be obtained by contacting the City Clerk’s Office.
b. The form must be completed in all respects by the applicant and received by the Facilities Manager not less than ten (10) nor more than ninety (90) calendar days in advance of the date for which the permit is requested for an event where total attendance will be less than 25 persons and not less than twenty (20) nor more than ninety (90) calendar days in advance of the date for which the permit is requested for an event where total attendance will exceed 24 persons. The Facilities Manager may waive such minimum or maximum time requirements if it is determined that this waiver is in the best interests of the City, or is necessary to accommodate the exercise of free speech rights under Federal or State law.
c. The Facilities Manager shall grant or deny each application for a permit within ten (10) calendar days after the date of receipt of the completed application for an event where total attendance will be 24 persons or less, and within twenty (20) calendar days after the date of receipt of the completed application for events where total attendance will exceed 24 persons. The times for such action may be waived by the applicant.
d. All applications will be processed in the order of receipt by the Facilities Manager. Submittal of an application form does not guarantee a permit. An incomplete form will be returned to the applicant, and the foregoing processing time will begin upon receipt of the completed form. (Ord. 97-10, eff. June 5, 1997)
10.2.06 Grant or denial of permit.
The Facilities Manager may grant, deny or limit any permit after considering the following factors:
a. The suitability of the area or facility for the number of persons expected at such Function;
b. Whether or not the activity proposes a legal use thereof;
c. The impact of the proposed use upon public property;
d. The effect of the proposed use upon the peaceful enjoyment of the Public Facility by members of the public attending and those not attending the Function;
e. The effect of the proposed use upon the peace and convenience of members of the public using private or public property or the public streets in the vicinity of the Public Facility;
f. Any traffic or parking problems which may be caused by participants at the Function; and
g. The equitable sharing of the uses of the Public Facility. (Ord. 97-10, eff. June 5, 1997)
10.2.07 Permit conditions.
Upon granting any permit the Facilities Manager may attach reasonable conditions thereto respecting the time, place, manner, frequency, duration and maximum number of persons who may attend any Function to be held in any Public Facility pursuant to the permit. Such conditions may include, but are not limited to:
a. Accommodations for the parking of vehicles used by those persons attending or participating in the Function;
b. Accommodations for vehicular and pedestrian traffic in and around the site of the Function;
c. Inspections and approval by City personnel of structures and equipment to be used in the Function to ensure that such structures have been safely constructed and that such equipment can be safely operated. The City may determine that certain structures or equipment require independent review by professionals outside of the City, in which case such review shall be done solely at the applicant’s expense;
d. Provision of electrical power to be utilized during the Function;
e. Provision of signage and barricades as may be necessary in order to avoid conflicts between persons participating in the Function and other persons using Park Facilities in and around the site of the Function or which may be necessary to protect park or playground landscaping or natural vegetation in and around the site of the Function;
f. Provisions of monitors and security personnel as may be necessary to safely carry out the Function;
g. Provision and operation of first aid stations and/or sanitary facilities, including handicap accessible sanitary facilities;
h. Provisions and use of garbage containers, and the clean up and restoration of the site of the Function at the conclusion of such Function;
i. Use of sound amplification equipment during the course of the Function;
j. Provision of a notice of permit conditions to the Function participants; and
k. Any other condition necessary to prevent or mitigate any unreasonable risk of harm or substantial annoyance to any person using the Public Facility or to the public, or damage to any public or private property. (Ord. 97-10, Added, 06/05/1997)
10.2.08 Nontransferability.
No permit for reservation or use of any Public Facility shall be transferable to any person other than the person listed on the permit without the consent in writing of the Facilities Manager. (Ord. 97-10, Added, 06/05/1997)
10.2.09 Fees and deposits.
As a condition precedent to the issuance of a permit under this Chapter, the permittee shall pay to the City any fees or deposits established by resolution of the City Council. (Ord. 97-10, Added, 06/05/1997)
10.2.10 Indemnification.
As a condition precedent to the issuance of a permit, the permittee shall enter into an indemnity and hold harmless agreement with the City which shall be in a form approved by the City Attorney. (Ord. 97-10, Added, 06/05/1997)
10.2.11 Liability insurance.
The Facilities Manager may, if the proposed use of Public Facilities involves risk of damage or injury to persons or to property of others, require the permittee to obtain a policy of public liability insurance with terms and limits of liability as determined by the City to be appropriate for the activity for which the permit is requested. (Ord. 97-10, Added, 06/05/1997)
10.2.12 Revocation of permits.
Permits will be revoked for noncompliance with this Chapter, the provisions of any supplemental policy adopted pursuant to this Chapter, or the conditions imposed upon a permit issued pursuant to this Chapter. The City shall give notice and a reasonable opportunity to cure the violation before revoking a permit. Notice and an opportunity to cure need not be provided where an emergency exists or where the public health, safety and welfare necessitate that notice and an opportunity to cure be dispensed with. (Ord. 97-10, Added, 06/05/1997)
10.2.13 Compliance with other laws.
The issuance of a permit pursuant to this Chapter shall not release the permittee from the obligation of complying with the park rules provided for in this Code and/or from complying with any other federal, state, or city law or regulation applicable thereto. (Ord. 97-10, Added, 06/05/1997)
10.2.14 Supplemental policy.
The City Council may adopt Public Facility Use Policies or the equivalent, by resolution, to supplement this Chapter. Violations of the supplemental policies shall be deemed violations of this Chapter. (Ord. 97-10, Added, 06/05/1997)
10.2.15 Severability.
If for any reason any section, subsection, sentence, clause, phrase or portion of this Chapter is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. (Ord. 97-10, Added, 06/05/1997)