Chapter 9.35
REGULATION OF USE OF PARKS
BY LARGE GROUPS*
Sections:
9.35.010 Park use permit required for large groups.
9.35.020 Park use application.
9.35.030 Application – Waiver of time.
9.35.040 Action on application – Grounds for denial.
9.35.050 Appeals of decisions on permits to the City Manager.
9.35.080 Schedule for uses and capacity of parks.
*Code reviser's note: Ordinance 1749 adds these provisions as Chapter 9.40. The chapter has been editorially renumbered to prevent duplication of numbering.
9.35.010 Park use permit required for large groups.
No person shall conduct or carry on an assembly of more than fifty (50) people in a park of the City of Santa Clara, which assembly is intended or can reasonably be expected to last more than thirty (30) minutes or which in fact does last more than thirty (30) minutes unless a park use permit has first been issued therefor. (Ord. 1749 § 2, 3-14-00).
9.35.020 Park use application.
Whenever a park use permit is required by the provisions of this chapter, an application shall be filed with the Director of Parks and Recreation (hereafter referred to as "Director" which shall also include his/her designee) at least ten business days in advance of the date for which the permit is sought, stating:
(a) The name, address and telephone number(s) of the applicant;
(b) The name, address and telephone number of the person, group, organization, or corporation sponsoring the activity;
(c) Dates and hours of the activity;
(d) Estimated attendance at the activity;
(e) Assurance of responsibility of cleaning the entire area;
(f) Description of the proposed activity including a description of equipment to be used in connection therewith and the use to be made of such equipment;
(g) The building or park or portion thereof for which application is made;
(h) The name, address and telephone number of each monitor the applicant will provide, if any; and
(i) Any other information that the Director determines to be reasonably necessary to insure the activity will not result in injury to persons or property or involve violations of law. (Ord. 1749 § 2, 3-14-00).
9.35.030 Application – Waiver of time.
The Director shall waive the period for permit applications when the activity is spontaneous or organized on short notice in response to an event of obvious importance such as local grievances or important national events, and the full period for permit application would deprive the activity of immediate response to such an event. The Director may waive the period where circumstances make the time requirements impractical or unnecessary. (Ord. 1749 § 2, 3-14-00).
9.35.040 Action on application – Grounds for denial.
(a) Applications for a park use permit shall be acted upon by the Director within a reasonable time under the circumstances, but in no event less than eight business days before the date for which the permit is sought.
(b) The Director shall issue the permit unless the Director finds:
(1) The park or portion thereof applied for is not available because of prior reservation or City-sponsored or co-sponsored event or will not accommodate the activity of the applicant because of the number of persons expected to attend;
(2) The proposed activity is of a size, nature, or duration that requires the diversion of so great a number of police officers of the City to properly police the areas, as to significantly hinder the police protection of the City;
(3) The applicant failed to timely file an application;
(4) The proposed activity would violate Federal, State, or local laws or regulations;
(5) The applicant fails to agree in writing to clean, repair and restore the building or park or portion thereof to its condition immediately prior to the activity for which the permit is sought;
(6) The applicant or the organizers of the event have used City parks and facilities in the past and have failed to comply with the conditions of the permit they were issued;
(7) The applicant fails to agree in writing to provide monitors at the ratio of one for every fifty persons expected to attend. Such monitors shall be responsible adults and shall be in attendance for the entire duration of the event or activity for which the permit is issued;
(8) The organizers of the event, or agents or persons acting in concert with the organizers, have specific intent, manifested by specific statements or plans, to engage in or provoke violence;
(9) The applicant fails to agree in writing to provide chemical toilet facilities for any event where the estimated attendance exceeds one thousand (1,000) persons or, in parks which do not have toilet facilities, chemical toilets for any event that the estimated attendance exceeds fifty (50) persons. Such facilities shall be provided at the ratio of one for each additional four hundred (400) persons or fraction thereof. This requirement shall apply only if the Director specifically requires chemical toilet facilities for the application.
(c) Where the Director finds, from the application and his/her initial investigation thereof, that one or more of the conditions exist justifying denial, the Director shall notify the applicant thereof in writing of the intent to deny the permit. The notice shall specify the grounds for the denial. The applicant may request in writing that a hearing be held before the Director on the matter. Such notice shall be filed with the Director within two business days of the Director's notice specified above and the hearing shall be held not more than two business days thereafter. The Director within one business day of the hearing shall render a decision to the applicant. Said decision shall be in writing and shall specify the grounds therefore. If the applicant makes no request for a hearing before the Director as provided herein, the notice of intent to deny the permit shall operate as a denial.
(d) The decision of the Director may be appealed by the applicant to the City Manager pursuant to SCCC 9.35.050. (Ord. 1749 § 2, 3-14-00).
9.35.050 Appeals of decisions on permits to the City Manager.
An applicant may appeal the decision of the Director on any permit provided for in this chapter to the City Manager, or designee. The applicant must file such appeal with the City Manager within two business days of the Director's decision. The City Manager, or designee, shall hold a hearing within two business days of the filing of such appeal, at which time applicant may present any evidence relevant to the application. The City Manager, or designee, shall within two business days of such hearing issue a decision either affirming the denial of the application, or directing the Director to issue a permit. The decision of the City Manager, or designee shall be in writing, shall specify the grounds therefore, and shall be final. (Ord. 1749 § 2, 3-14-00).
9.35.060 Fees.
Fees for the permits provided for in this chapter shall be as provided by resolution of the City Council. Such fees must be paid at the time the application is filed, and the application shall not be considered complete until such fee is paid. (Ord. 1749 § 2, 3-14-00).
9.35.070 Provisions for special events not covered by title; authority of City Manager to close parks and buildings, remove persons therefrom, etc.
The City Manager, or designee, shall provide for special events and circumstances not covered by this title. In so doing, the City Manager, or designee, shall act to secure the public peace and welfare and to further the maximum use of the parks for the comfort and convenience of all. The City Manager, or designee, may close any park, building or portion thereof, and remove all persons therefrom when in the City Manager's judgment, such closing will best preserve the public peace, prevent damage to public property, or quell riots, mobs or violence. The City Manager, or designee, may also cause to be removed any and all persons whose presence on the premises is disruptive to the normal and safe use and enjoyment of the premises. (Ord. 1749 § 2, 3-14-00).
9.35.080 Schedule for uses and capacity of parks.
The Director shall promulgate a schedule that shows uses and capacities of each park. Such schedule shall be adopted by and may be amended by resolution of the City Council. (Ord. 1749 § 2, 3-14-00).