Chapter 12.32
PARK USE PERMITS
Sections:
12.32.020 Commercial activity restricted.
12.32.040 Permit application—Contents—Filing.
12.32.050 Permit application—Review required.
12.32.060 Permit application—Department head review.
12.32.070 Permit application—Council review.
12.32.100 Permit—Insurance requirements.
12.32.110 Cleanup—Bond requirements.
12.32.120 Special events—Public admittance required.
12.32.130 Public service instructional class fees.
12.32.140 Permit—Revocation or suspension—Authority.
12.32.150 Permit—Revocation or suspension—Hearing.
12.32.010 Definitions.
As used in this chapter, the following terms shall have the meanings set forth below:
A. “Commercial activity” means any activity which is organized or engaged in primarily for a commercial or profit-making purpose.
B. “Parks and recreation director” means the parks and recreation director of the city of Poulsbo or his or her designee.
C. “Public works director” means the public works director of the city of Poulsbo or his or her designee.
D. “Social activity” means any activity which is organized primarily for the gathering together of a limited number of persons for social purposes, including, but not limited to, weddings, conventions and organized groups or company picnics which does require use of a portion of but less than an entire city park.
E. “Special event” means any event or activity (excluding organized amateur sporting events such as little league baseball, amateur soccer, etc.) which is organized primarily for the purpose of promoting cultural, artistic or entertainment endeavors, including, but not limited to, arts and crafts fairs, cultural exhibitions, vocal or instrumental concerts, shows, festivals or camps, which is open to all members of the public for observation and/or use of all or any part of any city park. The term “special event” does not include public service instructional classes. (Ord. 2005-17 § 1 (part), 2005; Ord. 96-05 § 5 (part), 1996)
12.32.020 Commercial activity restricted.
Commercial activities other than food or beverage concessions are prohibited from being conducted in any city park, except in conjunction with special events and then only when specifically approved as part of the permit process. (Ord. 96-05 § 5 (part), 1996)
12.32.030 Permit—Required.
Social activities, special events, public service instructional classes and commercial activities other than those prohibited by this chapter, are authorized to be conducted in city parks; provided, however, that no such social activity, at which twenty-five or more people are expected to attend, special event, public service instructional classes or commercial activity may be held or conducted in any city park unless the sponsor or other person, firm or corporation desiring to hold or conduct such activity, class or event shall first have obtained and have in full force and effect a permit issued by the city of Poulsbo to do so. (Ord. 96-05 § 5 (part), 1996)
12.32.040 Permit application—Contents—Filing.
A. No permit to hold or conduct any social activity for which a permit is required, special event, public service instructional class or commercial activity in a city park shall be issued except upon written application therefor made to the parks and recreation director or his or her designee. Such application shall be in writing, signed by the applicant, and shall be in such form as the parks and recreation director shall prescribe. The application shall be accompanied by the permit fee required by Section 3.12.050(A) and shall contain, at a minimum, the following information:
1. The name, address and telephone number of the applicant sponsoring or seeking to hold or conduct such social activity, special event, public service instructional class or commercial activity;
2. A detailed description of the activity, class or event sought to be held or conducted, together with an estimate of the number of people who will be or are expected to be involved, either as participants or observers;
3. The park in which such activity, class or event is sought to be held or conducted, together with a description of that portion of the park or facilities intended to be used;
4. The proposed location and design of any temporary structures to be erected in the city park in connection with the holding or conducting of the event, activity or class;
5. The date or dates upon which such activity, event or class is sought to be held or conducted;
6. The provisions which the applicant has made or intends to make for the cleanup and recycling of all litter, refuse and other materials deposited or left in the city park as a result of or as occasioned by the proposed activity, class or event; and
7. Such other information as the parks and recreation director may reasonably request.
B. All applications must be filed at least thirty days prior to the date or dates for which the permit is sought. (Ord. 2003-16 § 30 (part), 2003; Ord. 96-05 § 5 (part), 1996)
12.32.050 Permit application—Review required.
Upon receipt of a completed application for a permitted commercial activity, public service instructional class or special event in a city park by the parks and recreation director, the process set out in Sections 12.32.060 through 12.32.080 shall apply. Social activity permits, however, may be issued directly by the parks and recreation director after receipt of any comments from the police and fire departments. (Ord. 96-05 § 5 (part), 1996)
12.32.060 Permit application—Department head review.
The parks and recreation director shall notify the fire, police and public works department heads and ask for review and comment on all park use applications received. The department heads shall submit written comments if any, and a recommendation for approving, denying or approving the permit with conditions, together with reasons therefor, to the parks and recreation director within ten days of receipt of a copy of the application. If no comments are received within ten days, it will be understood that police and fire have no comment or objection. Except as permitted in Section 12.32.050, the parks and recreation director shall forward a recommendation to the community services committee. The community services committee will review the application and forward a recommendation to the city council. (Ord. 2010-18 § 2 (part), 2010: Ord. 96-05 § 5 (part), 1996)
12.32.070 Permit application—Council review.
Except as permitted in Section 12.32.050, the parks and recreation director shall forward a recommendation to the city council. Applications may be placed on the city council’s consent agenda unless special exceptions or conditions are being requested and/or the following conditions exist: street/road closure, alcohol, overnight camping and/or by request of the community services committee, that require additional review and city council discussion prior to approval. In acting on the application, the city council may approve, deny or approve with conditions or modifications. (Ord. 2010-18 § 2 (part), 2010: Ord. 96-05 § 5 (part), 1996)
12.32.080 Permit—Issuance.
Upon approval by the parks and recreation director or the city council, the parks and recreation director is authorized to issue the permit requested subject to any conditions the city council may impose upon approval. (Ord. 2010-18 § 2 (part), 2010: Ord. 96-05 § 5 (part), 1996)
12.32.090 Permit—Fees.
Park fees and charges applicable to the application for and issuance of permits pursuant to this chapter are set forth in Section 3.12.050(A). (Ord. 2003-16 § 30 (part), 2003: Ord. 97-31 § 1, 1997: Ord. 96-05 § 5 (part), 1996)
12.32.100 Permit—Insurance requirements.
Any person, firm, company or corporation utilizing a city park or facility pursuant to this chapter may be required to provide a certificate of insurance with a comprehensive general liability policy covering bodily injury and property damage, with respect to the use and occupancy of city property with liability limits of not less than one million dollars, per occurrence, and shall include products liability if food and/or beverage vending is part of the event or activity. The city shall be named as additional insured on all such policies, which policies shall in addition provide that they may not be canceled or modified for any reason without fifteen days’ prior written notice to city. Lessee shall provide the city with a certificate or certificates of such insurance ten days prior to the date of use. Greater or lesser coverage may be required based upon an objective assessment of risk to the public health, safety and welfare of the use. (Ord. 2010-18 § 2 (part), 2010: Ord. 96-05 § 5 (part), 1996)
12.32.110 Cleanup—Bond requirements.*
A. It is the responsibility of every permittee issued a permit pursuant to the provisions of this chapter to clean up all litter, refuse or other material deposited or left in any city park as a result of or occasioned by the permittee’s use. Recyclable materials shall be placed in containers provided.
B. The parks and recreation director is authorized to require a bond or cash deposit in an amount necessary to ensure the cleanup of the park where the activity, class or event is conducted. The bond or cash deposit agreement shall be in a form approved by the city attorney. (Ord. 96-05 § 5 (part), 1996)
* Editor’s note: Ord. 2010-18 states that it amends Section 12.32.110; however, the provisions of Section 12.32.110 were not included in the ordinance. The intention was to repeal Section 12.32.110. A future ordinance will specifically repeal this section.
12.32.120 Special events—Public admittance required.
Only those special events which are open to the public and which the public may observe and/or participate in without charge are authorized to be conducted in Poulsbo city parks. Special events which require primary use of all or any portion of any city park and which require an admission fee to be paid prior to admission to any portion of the city park are not permitted. Nothing in this section shall be construed to prohibit the solicitation of voluntary admission fees from the public during the course of an activity or event. (Ord. 96-05 § 5 (part), 1996)
12.32.130 Public service instructional class fees.
Nothing in this chapter shall prohibit the charging of a fee for participating in a public service instructional class. (Ord. 96-05 § 5 (part), 1996)
12.32.140 Permit—Revocation or suspension—Authority.
The parks and recreation director may suspend or revoke any permit issued under the provisions of this chapter if the permittee has:
A. Violated any provision of this chapter, or if such violation has been committed by any of the permittee’s agents or employees;
B. Made any false statement or misrepresentation of fact in connection with obtaining the permit;
C. Engaged in any conduct in holding or conducting the activity, class or event for which the permit is issued which endangers the public or is detrimental to the public health, safety or welfare; or
D. Violated any other city rule or combination of city rules for the use of city parks. (Ord. 96-05 § 5 (part), 1996)
12.32.150 Permit—Revocation or suspension—Hearing.
A. When the parks and recreation director determines that there is cause for suspending or revoking any permit issued pursuant to this chapter, the parks and recreation director shall notify the person holding such permit by registered or certified mail, return receipt requested, of the parks and recreation director’s decision. Notice mailed to the address on file shall be deemed received three days after mailing.
B. The notice shall specify the grounds for the suspension or revocation. The suspension or revocation shall become effective immediately upon the date the notice is delivered or deemed received.
C. The suspension or revocation shall be final unless the permittee files a written request with the parks and recreation director for a hearing before the city council within ten days after the date the notice is delivered or deemed received. The city council shall set and hold a hearing within thirty days following receipt of such request.
D. All appeals from a decision of the city council shall be to the Kitsap County superior court and must be served and filed within fifteen days of the decision of the city council. If no timely appeal is taken from the city council decision, the decision shall be final. (Ord. 96-05 § 5 (part), 1996)
12.32.160 Violation—Penalty.
Any person violating or failing to comply with any of the provisions of this chapter shall have committed a civil infraction and shall be assessed a monetary penalty not to exceed two hundred fifty dollars. (Ord. 96-05 § 5 (part), 1996)