Chapter 12.16
PARK USE REGULATIONS AND EXCLUSIVE USE PERMITS
Sections:
12.16.020 Motor vehicle speed.
12.16.025 Parking facilities and prohibitions.
12.16.030 Open fires and camping prohibited.
12.16.035 Fireworks and explosives.
12.16.045 Prohibited commercial activity.
12.16.050 Alcohol prohibited – Exceptions.
12.16.055 Animals in parks and open space areas.
12.16.060 Litter, garbage and refuse disposal.
12.16.065 Protection of park and open space, facilities, flora and fauna.
12.16.075 Potentially dangerous equipment and activities.
12.16.080 Activities restricted to specially designated areas.
12.16.085 Free use – Permits and fees required.
12.16.090 Donations of functional items and volunteer projects.
12.16.095 Violation – Penalty.
12.16.000 Purpose.
The parks and open spaces of Lincoln City are areas of recreation, relaxation and enjoyment for the public. Their regulation and use shall permit enjoyment by a maximum number of people engaged in widely diverse interests and activities as is practical within the limits of space, design and accommodation available in each park or open space area. Limitations and restrictions on use ensure safe use of park and open space areas and protect park facilities, open space natural resources and the rights of surrounding neighbors. “Parks” generally refers to developed recreation areas with use consistent with Chapter 17.42 LCMC; “open space” generally refers to undeveloped areas where only educational activities or passive recreational uses are authorized consistent with Chapter 17.43 LCMC. (Ord. 2014-25 § 1)
12.16.005 Applicability.
The provisions of this chapter apply to all city-owned property zoned either as park (Chapter 17.42 LCMC) or open space (Chapter 17.43 LCMC), together with all city-owned or controlled property officially signed for city park, open space, or beach access use, regardless of the zoning designation, and all other city-owned properties designated for recreation use (or interim recreation use) by the city council by resolution. The prohibitions of this chapter expressly apply to both open space, park, and beach access lands, unless otherwise indicated. This chapter has extra-territorial application for designated city park and open space properties owned by the city, but outside the city limits. (Ord. 2023-09 § 1; Ord. 2014-25 § 1; Ord. 2013-08 § 1)
12.16.010 Hours of closure.
All public parks and open spaces of the city shall be open to the public only during daylight hours, or between the hours of 6:00 a.m. and 10:00 p.m., whichever is more restrictive. Notwithstanding the above, when lights are operating and in use for a reserved athletic event, the Kirtsis ballfields shall be open to public or private use between the hours of 6:00 a.m. and 11:30 p.m. The city council may by resolution establish different closure hours for properties designated for interim recreation use and require posting of same. Except for signed beach access trails, no person other than a city employee shall be in any city park or open space during the hours of closure, unless by permit issued by the city manager or city manager’s designee (hereinafter “city manager or designee” collectively referred to as “director”). (Ord. 2014-25 § 1; Ord. 2013-08 § 2; Ord. 2008-06 § 1; Ord. 93-14 § 1; Ord. 89-9 § 1)
12.16.015 Motorized vehicles.
Except for authorized city vehicles and emergency vehicles on official business, motorized vehicles (such as but not limited to automobiles, trucks, motorcycles, personal transport (Segway-type) vehicles, motor-scooters, power-assisted bicycles, go-karts, snowmobiles, all-season vehicles, and all-terrain vehicles) shall operate, stop or park only upon designated paved park roadways or within designated paved or unpaved parking areas. Motorized vehicles are expressly prohibited on the Head to Bay trail. Vehicles causing damage to park or open space property, including but not limited to facilities or vegetation, are subject to impoundment as evidence in a criminal proceeding. The prohibitions of this section do not apply to motorized mobility devices serving persons with disabilities. (Ord. 2014-25 § 1)
12.16.020 Motor vehicle speed.
The designated speed for motor vehicles upon the roadways within any park or open space is 10 miles per hour unless otherwise posted. No person shall operate a motor vehicle upon any roadway in a park or open space at a speed greater than permitted by the basic rule as provided in ORS 811.100. (Ord. 2014-25 § 1)
12.16.025 Parking facilities and prohibitions.
Parking facilities within or abutting parks and open space areas are reserved for use by park and open space patrons only, unless otherwise designated by the city. In addition to traffic control resolutions and orders authorized under LCMC Title 10 parking prohibitions, the director may designate time limits or other parking restrictions for areas within city parks and open spaces with official traffic signs. Parking use is authorized; other uses such as commercial activities and camping are prohibited. Motor vehicles parked outside of approved parking areas will be towed at the owner’s expense. Auto repairs are not allowed anywhere at any time on park or open space property. Overnight parking is prohibited in park and open space parking lots, except pursuant to a permit issued by the director or in designated parking spaces which may include metered or self-pay spaces. (Ord. 2014-25 § 1)
12.16.030 Open fires and camping prohibited.
A. No person shall build or maintain any fire in a park or open space, except in fire rings or fireplaces as provided by the city or in a portable propane camp stove or portable charcoal barbecue unit where picnic tables are provided. Stoves and barbecues must be in safe operating condition and safely operated to avoid damage to city property. No person shall leave a fire unattended and/or leave the park area before extinguishing every fire. No person shall take firewood from any park for personal use.
B. Except as provided in subsection (C) of this section, and LCMC 9.08.050(D) or 9.08.055 no camping is permitted in any city park or open space area; except as provided in the sections referenced above, no person shall camp in a tent, shelter, camper, vehicle or trailer at any place within the boundaries of any park or open space, including public park roads or parking lots, during the hours of closure set forth in LCMC 12.16.010 or such other hours as are set by resolution.
C. The director may, using reasonable discretion, issue permits for camping in designated special use areas. Camping is not permitted at any time or in any location without such designation. The permits may restrict authorized camping to tents, shelters, vehicles, campers or trailers as are deemed appropriate for the special use area in the park or open space. Camping shall be limited by permit conditions, including a reasonable time limitation, not to exceed five days. During a declared emergency, the city manager may waive the permit requirement for camping in the emergency order. (Ord. 2023-11 § 5; Ord. 2014-25 § 1; Ord. 2008-06 § 1; Ord. 89-9 § 4. Formerly 12.16.040)
12.16.035 Fireworks and explosives.
No person shall ignite or use any type of firework, sparkler, snake, model rocket, rocket motor, other form of explosive, or smoke-producing device or instrument, in any city park or open space. “Firework” has the meaning as set forth in ORS 480.111(7) and includes any type of firework, including but not limited to consumer and exempt fireworks. Notwithstanding Chapter 1.16 LCMC, the minimum fine for a fireworks offense under this section shall be $250.00. (Ord. 2022-20 § 1; Ord. 2014-25 § 1)
12.16.040 Smoking prohibited.
No person shall smoke or carry any lighted smoking instrument in a city park or open space or in city-owned or managed recreational facilities to which the public is invited or in which the public is permitted, including but not limited to parks, trails, open space, special use areas, and any partially or fully enclosed area. The no smoking prohibition extends to all areas of any city park or facility where a special event, such as a festival, concert, or similar public event is occurring, unless the special event permit expressly provides for designated smoking areas at the event. (Ord. 2014-25 § 1; Ord. 2008-06 § 1. Formerly 12.16.045)
12.16.045 Prohibited commercial activity.
A. Except for city personnel on city business, or when authorized in a city-approved concession or permit in compliance with this chapter, no person, corporation, or entity shall sell merchandise or services or operate any concession on public park or open space property, including within any enclosed or partially enclosed building or from any vehicle.
B. The director may approve and execute an annual parks concession agreement, using the standard form of agreement approved by the city council by resolution. Unless otherwise agreed by council, the standard parks concession fee shall be no less than 10 percent of gross sale proceeds. Concessions are prohibited by zoning on city open space lands (Chapter 17.43 LCMC), but are permitted on city park lands (Chapter 17.42 LCMC).
C. No person who holds a valid permit or concession shall sell merchandise or services within a park in violation of any conditions or requirements stated in that permit or concession.
D. The conditions and requirements of a permit or concession shall include a concession fee or equivalent reasonable contributions of labor in exchange for the applicant’s commercial use of park facilities and the applicant’s retaining the proceeds from concessions.
E. Permits or concessions for commercial activities in city parks shall not be reissued for another season until the applicant has submitted an annual report of the preceding season, including the following:
1. Park concession stands, gross sales, expenses and net receipts certified for accuracy by the authorized agent of the applicant.
2. Applicant improvements or fees to the park in the preceding 12 months, if any.
3. Applicant expenditures for park maintenance, including lighting, if any.
F. Parks concessions operated by nonprofit organizations require a formal concession agreement or permit except that the normal concession percentage of gross revenues due to the city in subsection (D) of this section shall be considered a donation to the nonprofit entity. To qualify for such donation the organization must annually demonstrate to the satisfaction of the director its current nonprofit status. (Ord. 2014-25 § 1)
12.16.050 Alcohol prohibited – Exceptions.
A. No person, corporation, organization or entity shall bring, possess, consume, or permit any person to bring, possess or consume any intoxicating liquor, beverage or substance on city park or open space property or into any such park facility, except when authorized by a special event permit pursuant to Chapter 5.16 LCMC or when authorized in a negotiated park concession agreement, and only in strict compliance with the terms and conditions of such special event permit or concession.
B. At a minimum, the concessionaire or special event organizer shall strictly abide by all parks rules and regulations, including permit requirements. All required OLCC licenses and permits shall be obtained by the concessionaire or event organizer. The corporation, organization or person shall strictly abide by all terms and conditions of the approved parks concession agreement or special event permit. (Ord. 2014-25 § 1; Ord. 2008-06 § 1; Ord. 89-9 § 2. Formerly 12.16.020)
12.16.055 Animals in parks and open space areas.
A. Except for designated off-leash areas (e.g., dog parks), domesticated animals must be on a leash at all times when on city park or open space properties.
B. Domesticated animals are prohibited from playground areas, sports fields, sports courts, ponds, streams and wetland areas, and inside park and recreation buildings and facilities, except as authorized under the Americans with Disabilities Act or when specifically authorized by the director.
C. Owners are responsible for the immediate removal of their animals’ fecal matter from parks and open space properties or facilities.
D. No person shall ride or lead any horse or pony in a city park or open space, except upon a roadway, designated parking area, or designated bridle path, consistent with LCMC 10.12.240.
E. Notwithstanding the prohibitions above, and LCMC 6.08.040, the director pursuant to LCMC 12.16.080 may designate special use areas, including off-leash areas (dog parks), fenced or unfenced, and otherwise regulate the presence and activities of dogs and other domestic animals in a city park, including properties designated for interim recreational use. Prior to issuance of such order the director shall obtain a recommendation from the parks and recreation board. Dog parks are prohibited in open space areas. Nothing in this section relieves a keeper of a domestic animal from the requirement to maintain control of the animal by means sufficient to prevent escape and injury to persons or damage to property. The council may, by resolution, establish such interim special use areas designated by the director as permanently designated areas.
F. The owner of any animal damaging or destroying park or open space property of the city will be held liable for the full value of the property so damaged or destroyed, in addition to any impounding fees and penalties otherwise lawfully imposed.
G. Dog Park (Including Interim Facility) Regulations.
1. Dog owners must ensure compliance with the following:
a. Dogs must display identification tags showing proof of current license and rabies vaccination; and
b. Dogs must demonstrate appropriate social interaction. Dogs displaying aggressive behavior toward people or other dogs must be leashed and removed from the off-leash area immediately.
2. Dog handlers must:
a. Read and become familiar with all off-leash area rules before entering the area;
b. Carry a leash for each dog in your care, and leash your dog when outside the off-leash area;
c. Closely supervise young children. Children under 12 must be supervised by an adult;
d. Accept legal responsibility for any damage or injury caused by your dog. Lincoln City is not responsible for any damages or injuries caused by your dog;
e. Remain in the off-leash area to supervise your dog, keeping the animal within view and under verbal control at all times;
f. Remove pinch, choke, and spiked collars when off-leash to prevent injury;
g. Not bring a dog in heat to the off-leash area;
h. Not bring food (for humans) in the off-leash area;
i. Use of balls and other dog toys is permitted but shall be discontinued if such use creates conflicts with other dogs;
j. No human running in the off-leash area allowed;
k. No strollers or infants in the off-leash area;
l. Call 911 for biting or other serious incidents;
m. Not bring a puppy without a complete cycle of vaccinations to the off-leash area;
n. Not abandon your dog. Abandoned dogs will be impounded; and
o. Immediately remove fecal matter left by the dog in the off-leash area and remove such matter from the park for proper disposal.
p. Use of the off-leash area with regulations posted constitutes agreement to use the off-leash area in compliance with regulations. Any violation of regulations will lead to the removal of both animal or pet and owner/handler from the facility. (Ord. 2014-25 § 1; Ord. 2013-08 § 3; Ord. 2008-06 § 1; Ord. 89-9 § 3. Formerly 12.16.030, 12.16.035)
12.16.060 Litter, garbage and refuse disposal.
A. No person shall discard or dispose of any litter, garbage or refuse of any kind, including landscape materials, in a park or open space, except in a receptacle provided for such garbage and other refuse.
B. No person shall take any garbage or other refuse, including landscape materials, into a public park or open space for the purpose of discarding or disposing of such garbage or other refuse; no person shall deposit such household garbage, refuse or material in a park or open space trash receptacle or elsewhere on park or open space property.
C. In addition to penalties provided herein, persons depositing household garbage or refuse in city parks or open space trash receptacles shall be referred to the appropriate prosecutor for possible criminal prosecution (e.g., theft of services – ORS 164.125). (Ord. 2014-25 § 1)
12.16.065 Protection of park and open space, facilities, flora and fauna.
A. No person other than a duly authorized city employee in the performance of duty or persons participating in city-approved activities shall excavate or dig in any park or open space, nor shall any person remove, harvest, destroy, injure, mutilate or cut any trees, plants, shrubs, groundcover, fungi, or other forest product, or any portion thereof, in any city park or open space. Notwithstanding the above, collection of small quantities of berries, mushrooms or other products for personal use is not prohibited.
B. No person other than a duly authorized city employee in the performance of duty or persons participating in city-approved activities shall fish, hunt, or trap or otherwise harass or disturb fish, fowl, birds or wildlife residing in or using city park lands or open space.
C. No person other than a duly authorized city employee in the performance of duty or persons participating in city-approved activities shall alter, cut, break, injure, deface, mark, paint, move or disturb any building, monument, sign, fence, bench, structure, fountain, apparatus, equipment, pen, cage, or other park natural or manmade feature or improvement in a city park or open space.
D. No signs, banners, displays, flyers, bills or similar devices can be posted on or attached to city park or open space grounds, facilities or improvements, nor can such items be posted or attached to trees or other vegetation. No nails, screws or other foreign objects may be driven into the trees or other vegetation, nor may such items be driven into any city facilities or improvements. Similarly, trees and shrubs are not to be used as poles for game nets, hammocks, swings, or the like.
E. Use of a metal detector in a park or open space is prohibited in city parks and open spaces, unless such use is pursuant to a permit issued by the public works director and/or such use is specifically authorized in a designated area.
F. Park buildings and facilities are provided for public convenience. All persons who use park buildings or facilities do so on condition that they keep the premises neat and clean and show respect for the premises and future users thereof. Persons using such park or open space facilities (e.g., restrooms) may do so only for authorized purposes. Except for service animals, no animals are allowed in the park buildings or structures at any time.
G. No person shall engage in fish cleaning, or field dress game, or engage in any other activity which creates an unsanitary condition while in a city park or open space.
H. No person shall enter any building, enclosure, or place within any of the parks upon which the words “No Admittance” or “Authorized Personnel Only” shall be displayed or posted by sign, placard, or otherwise, without the consent of or being accompanied by a city parks employee. Violation of no admittance may be prosecuted as criminal trespass. (Ord. 2014-25 § 1)
12.16.070 Amplified sound.
A. No person shall use any device to amplify sound in any park unless a valid special event permit has been issued pursuant to Chapter 5.16 LCMC or the amplified sound concerns an exempt organized athletic event or group activity under LCMC 9.10.040(A); provided, that the amplified sound is necessary to serve the participants and spectators at the event.
B. Permission to use amplified sound for an athletic event or group activity or pursuant to a special event permit shall be subject to conditions noted above or otherwise included in such permit, and the director may revoke a permit or authorization if the terms of the permit are violated, or he or she may deny a permit to a person or group of persons who have violated the terms of a permit within the previous year. (Ord. 2014-25 § 1)
12.16.075 Potentially dangerous equipment and activities.
No person shall use or engage in any activity in a city park or open space that the director determines, in his or her reasonable discretion, creates an unreasonable risk or danger to other persons. Such activities include, but are not be limited to: the use of golf clubs and balls, archery equipment, discus, javelin or shot, metal spike lawn darts, horseshoes, or any form of model aircraft, rocket or missile powered by fuel or mechanical means; weapon usage or firearm discharge. If such activities will be permitted in a city park or open space, they will be permitted only in designated areas as provided in LCMC 12.16.080 and subject to regulations. (Ord. 2014-25 § 1)
12.16.080 Activities restricted to specially designated areas.
A. Activities that may be hazardous to persons using the park or public open space lands or which may damage facilities, grass or foliage or activities which may unreasonably conflict with other authorized uses are restricted to areas designated for such activities. The director is expressly delegated authority and specifically authorized to set aside, establish, alter, and/or discontinue special use areas, including limitations on designated trails and paths, in one or more of the city’s parks and open spaces by written administrative order. Prior to issuance of such administrative order the director shall present the proposed special use areas and associated regulations to the parks and recreation board for recommendation. The board shall address the consistency of the proposed special use areas with the applicable parks master plan. Signage shall implement such administrative orders and violation of such orders shall be considered a violation of this code. The administrative orders shall be of limited duration, not to exceed one year. Council may implement such orders on a permanent basis by resolution.
B. Designated special use areas, which may or may not be authorized in a city park, include, but are not limited to, activities such as:
1. Horse or pony trails or paths;
2. Mountain bike trails;
3. Hiking only trails;
4. Multi-use fields for rugby, soccer, or football;
5. Multi-use fields for softball or baseball;
6. Track and field use areas, including areas for projectiles, such as javelin, shot put, and discus;
7. Horseshoe pits;
8. Skateboard areas;
9. BMX bicycle areas;
10. Bicycle paths;
11. Rollerblade paths;
12. Primitive camping (by special permit) areas;
13. Metal detecting areas;
14. Remote control vehicle areas;
15. Remote control model aircraft areas;
16. Dog park (off-leash) areas;
17. Any one or more of those activities otherwise prohibited under LCMC 12.16.075.
Any designated special use area on open space lands must meet the requirements and limitations of the open space zone.
C. Before establishing, altering or discontinuing such a special use area, the director shall determine, in his or her reasonable discretion, priority of need for such an area and whether the activity may be carried on without unreasonable interference or danger to participants or other persons. If the director establishes a special use area, the director may designate in the administrative order such hours or days of usage, the particular activity or activities that are permitted, and such conditions, limitations or regulations as he or she determines to be reasonably required for the safety and convenience of participants and other persons and property. He or she shall mark the boundaries of the special use area and post such signs and warnings concerning that special use area as he or she deems reasonably appropriate. No person shall use or injure any special use area, except for the purposes of one or more of the activities permitted in that special use area under any conditions specified by the director. No person or organization has a right to have an area of a park or open space designated as special use area. (Ord. 2014-25 § 1)
12.16.085 Free use – Permits and fees required.
A. Except where otherwise provided in city code, the city of Lincoln City permits free recreational use of the city’s park and open space properties and facilities, which are generally regarded as outdoor recreational areas, consistent with recreational immunity statutes, ORS 105.682 and 105.688.
B. An exclusive use permit (this chapter) or a special event permit (Chapter 5.16 LCMC) is necessary to reserve a public park or facility for exclusive use and shall be obtained from the director prior to occupancy of the park or facility. Special event permits and exclusive use permits are not issued for open space lands. Unless altered by subsequent order, the initial director’s designee for exclusive use permits review and processing is the parks and recreation director. Whether a special event permit or an exclusive use permit is required is based on the intensity of activities proposed. A breakdown of triggers for each type of permit is set forth below:
1. Exclusive Use Permit Triggers.
a. The person or persons engaged in the activity seek to exclude, or to have the right to exclude, member(s) of the public from their activity, the park, or portion thereof; or
b. The activity is intended to involve, or actually involves, as participants and/or spectators, at any one time, 50 or fewer persons; or
c. The activity includes the authorized placement of any temporary or permanent structure (e.g., fencing, stage, bleachers) or equipment that may cause damage to the park or create potential liability risk; or
d. A concession is permitted with an exclusive use permit provided such commercial activity is subject to an approved concession agreement or permit with the city, in the approved standard form and subject to standard conditions.
2. Special Event Permit Triggers. See Chapter 5.16 LCMC.
a. The activity involves charging admission, amplified sound (other than a sporting event), or the sale or use of alcohol or other commercial activity (except for approved concessions), or is likely to, or requires provision of, additional public safety or city services, including but not limited to: emergency medical services (EMS), fire, ambulance or police protection, water, sewer, placing, removing, opening or closing park access roads, access control bollards, gates or fences, or the special preparation of fields or other park facilities;
b. Except for Kirtsis Park, Regatta Park and Taft (51st) Park, the activity is intended to involve, or actually involves, as participants and/or spectators, at any one time, more than 50 persons; or
c. The activity is listed or is similar to an activity on the list of permit triggers in Chapter 5.16 LCMC.
C. Exclusive Use Permit Application Requirements and Fees.
1. Any person desiring an exclusive use permit shall apply at the community center on official forms prepared by the city.
2. Official city forms detailing application requirements shall be adopted by resolution of the city council. All applications shall be signed by the responsible parties under penalty of perjury and false swearing.
3. Permit fees, if any, shall also be established by council resolution.
4. Applications shall be submitted at least 10 days prior to requested usage. Applications should be submitted at least 30 days prior to usage to allow time for appeals, if any. Reservations are on a first come first served basis. Nothing in this section prohibits staff from processing an application on less than 10 days’ notice.
5. Staff shall not process incomplete applications, and incomplete applications do not reserve parks or other city facilities.
6. Staff will not accept an application for processing an exclusive use permit more than six months before the proposed event.
7. Staff shall not accept an application for processing an exclusive use permit or special event permit for a park or city facility that does not have an established rental rate. Consult the latest city fee schedule for available city parks and city facilities. It is the determination of city council that such parks and facilities are not available for exclusive use and/or special events, except when such events are conducted by or through the city of Lincoln City.
D. Exclusive Use Permit Approval Criteria.
1. The director shall issue the permit if a complete application, and any applicable fee or deposit, is filed and all of the following criteria and any applicable conditions of this chapter are met. In the event the proposed use does not meet all relevant criteria, the director shall deny the application, unless the director imposes conditions (e.g., issue a permit for a different date, time, park or park area) so as to meet such criteria. The criteria are as follows:
a. The proposed activity is lawful under federal, state and local law, is not adverse to the public interest, and is consistent with the size and capacity of the park and any specialized purpose(s) for which it is normally used, or for which the park can be adapted;
b. The proposed activity will not create adverse impact(s) from noise, litter or traffic in the park or surrounding neighborhood;
c. The proposed activity does not pose a significant risk to participants or spectators, or to public health or safety or to the physical integrity of the park or park facilities;
d. The applicant pays all required fees and deposits, if any, and agrees to comply with all conditions of the permit;
e. The proposed activity does not conflict with an activity scheduled for the park or for which a different permit has been applied for or issued;
f. The director is expressly authorized to impose reasonable permit conditions, including, but not limited to, alterations to adapt park facilities to a proposed use (including reimbursement for added facility costs and labor) to mitigate adverse impacts on neighbors or to protect city facilities, participants and the public (including, for example, hours of operation, deposit for cleanup, reimbursement overtime costs, participant liability waivers, physical separation of different uses), financial security, or such other conditions as deemed necessary or desirable to protect the public health, safety and welfare. When financial security is requested by the parks and recreation director or police chief to secure protection of city facilities or provision of needed services (e.g., added cleanup costs or overtime costs), financial security shall be required. An applicant who has previously been granted or denied an exclusive use permit or special event permit or who failed to obtain a permit, and staff has documented noncompliance with city ordinances and/or permit conditions, may be denied a permit on such basis unless there has been no incident within five years of the permit application.
g. The director is expressly authorized to impose reasonable permit conditions, including, but not limited to, insurance to cover damage to the facility or injury to participants or spectators. Unless waived or reduced by the city manager and the parks and recreation director, the following insurances shall be required:
i. An applicant for exclusive use/special event shall be required to provide general commercial liability insurance coverage for the applicant’s operations in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate. In addition, an applicant for exclusive use/special event shall provide property damage insurance coverage in an amount not less than $119,300 per occurrence and $596,400 aggregate, said amounts to be adjusted from July 1, 2019, and every year thereafter, as determined by the State Court Administrator pursuant to ORS 30.273. A copy of a certificate of insurance naming the city, its officers and employees as an additional insured shall be supplied prior to issuance of the exclusive use/special event permit. The insurance policy shall further provide that the policy shall not terminate or be canceled without 30 days’ written notice to the city. When an exclusive use/special event is located on park property, there shall be no reduction in insurance below applicable Oregon tort claim limits.
ii. All parks or special event vendors (concessionaires) operating under the exclusive use permit or special event permit in a city park shall be covered by the insurance required herein or have separate vendor insurance meeting the city’s requirements. The city shall be named as an additional insured, with the coverage provided being primary coverage.
iii. In lieu of the applicant or vendor providing insurance as provided above, the city may establish an alternative fee for use of the facility which fee includes the cost of insurance. Such option, when available, will be clearly set forth as an option on the approved parks fee resolution.
h. The director shall not allow for the use of a park during hours when the park is typically closed, unless a deposit to cover all additional costs, if any, is made at least 10 days prior to the proposed usage.
i. All vendors, whether authorized by exclusive use permit or special event permit, are permitted to operate in a city park only in approved locations to be determined by the director after consultation and approval of such locations by the city’s ADA coordinator. The exclusive use permit/special event permit shall reserve such location for the vendor only for a specified period of time as set forth in the permit. All applicable rental charges for such location shall apply. The applicant must be a person or legal entity registered to do business in the state of Oregon and possess an occupation tax permit (OTP) pursuant to Chapter 5.04 LCMC. Whether a special event or exclusive use, the applicant or the event organizer is also responsible to provide a list of all vendors engaging in commercial activity during the permit time frame and is responsible for providing evidence to the city that such vendors are registered to do business in the state of Oregon, possess OTPs and any applicable local, state or federal licenses for the activity performed (e.g., food handlers license). Except as provided below, all vendors shall pay a 10 percent concession fee on gross revenue to the city and the applicant is responsible to guarantee that such fees are remitted to the city. All vendors and the applicant/organizer are subject to audit. Failure to submit to audit disqualifies such applicant /organizer and individual vendors from future special event vending, regular exclusive use parks concessions, or street vending under Chapter 5.28 LCMC. In lieu of the 10 percent concession fee, the parks director, in the director’s sole discretion, may elect to use a daily flat rate concession fee (in addition to regular rental charges) for use of the park facility. Such flat rate shall be established by council fee resolution.
2. Actions by the director shall be completed within seven work days after an application is deemed complete. Any final action by the director concerning issuance or denial of a permit application will be done in writing and be available for pick up or sent by first class mail to the applicant.
E. Objection to Permit Denial or Conditional Permit – Appeal. Any applicant whose application is denied, is issued a permit other than as applied for, or who otherwise objects to the conditions imposed in the permit for use of the park or facility may only appeal pursuant to the uniform administrative appeals ordinance, Chapter 1.26 LCMC. If the applicant has failed to timely apply for the permit (30 days prior) such that there is insufficient time to hear an appeal, the appeal is deemed waived by the applicant.
F. Exemptions.
1. No permit shall be required under this chapter, nor condition imposed, if doing so would violate rights protected by either the Oregon or Federal Constitution.
2. No permit shall be required under this chapter in order for any person to participate in any activity programmed by or sponsored by the city of Lincoln City or a duly authorized agent thereof.
3. No exclusive use permit under this chapter is necessary when an event has been approved under the special event ordinance (Chapter 5.16 LCMC). All vendors under approved special events shall pay the rental fees and charges associated with the areas occupied and shall enter into the standard concession with the applicable fees, unless waived.
G. Permits to Be Exhibited. Any applicant will ensure that a permit is readily available or displayed for any activity for which a permit is required under the terms of this chapter.
H. Permits Subject to Ordinances and Regulations – Indemnification. All permits issued under this chapter shall be subject to any rules and regulations relating to park use as contained in the city code or adopted by resolution of council and such other city, state or federal regulations as may apply to the activity or person(s) involved therein, including specifically the Americans with Disabilities Act. Any applicant issued a permit under this chapter shall be liable for any loss, damage, or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall be issued, as well as for any breach of such rules, regulations, and ordinances, to the person or persons so suffering damages or injury, and shall indemnify, defend and hold harmless the city and its officers, employees and agents from any and all claims, demands, actions and suits (including all attorney fees and costs, through trial and on appeal) arising from the permittee’s use of the park under the permit. All persons to whom an exclusive use permit has been granted must agree in writing on the application form or permit to hold the city harmless and indemnify the city from any and all liability for injury to persons or property occurring as a result of the activity sponsored by permittee. Said persons shall also be liable to the city for any and all damages to parks, facilities and buildings owned by the city which result from the activity of permittee or are caused by any who participate in said activity. The indemnification provisions of this section cannot be waived or released by city staff.
I. Permits Nontransferable. Any permit issued under this chapter shall be personal to the permittee, and shall be void if transferred or assigned in any manner, except with the written consent of the manager.
J. Other Permits. Be advised: it may be necessary to obtain other permits or authorizations from the city or applicable state or federal agencies for the use proposed (e.g., alcohol sale or use in city parks requires a special event permit or approved concession (LCMC 12.16.050)) (e.g., process for OLCC temporary alcohol sales license (Chapter 5.20 LCMC)). (Ord. 2019-12 § 1; Ord. 2014-25 § 1; Ord. 2014-06 § 1. Formerly 12.16.015)
12.16.090 Donations of functional items and volunteer projects.
A. The city will accept cash donations for the purchase of functional items (e.g., a city standard bench) for placement on city park and open space properties in locations to be determined in the sole discretion of the director, after review and recommendation by the parks and recreation board. The donor will be acknowledged with a small commemorative plaque on the functional item.
B. Donations of nonstandard items or proposed donations of materials and labor for proposed volunteer improvement projects must be approved and accepted by city council prior to any work or placement. Such projects must be reviewed by city staff for consistency with city code, have approved plans and permits if required, and reviewed by the parks and recreation board for a recommendation to council. The parks and recreation board may establish criteria and policies for such review. Any such nonstandard donation or volunteer improvement project must further the public interest, be durable and safe, and shall not result in any lien or encumbrance against the city property. (Ord. 2014-25 § 1)
12.16.095 Violation – Penalty.
A. Violation of any provision of this chapter, including interim regulations established by resolution, is unlawful and an offense against the city and shall be enforced as a Class B violation under Chapter 1.16 LCMC unless the section designates a different class of violation.
B. In addition to any fine imposed, any alcohol brought into city parks in violation of any provision of this chapter can be immediately seized, confiscated, and forfeited.
C. Notwithstanding the above, any violation of a park use regulation, including those established by resolution, which causes damage to city property shall be a Class B violation and shall also require full restitution for all damages caused by the violation.
D. Nothing in this chapter shall prohibit the criminal prosecution of violators who cause damage to city property when violating park use regulations. (Ord. 2015-10 §§ 5, 6; Ord. 2014-25 § 1; Ord. 2013-08 § 4; Ord. 2008-06 § 1; Ord. 89-9 § 5. Formerly 12.16.050)