§ 23-91. Park operating policies.

(a)

Hours. Except for unusual and unforeseen emergencies or authorized special events, parks, recreation areas and open space areas shall be open to the public daily during designated hours. Restricted hours of operation will be posted at the entrance to each park, recreation area and open space area.

(b)

Closed areas. Any section or part of any park, recreation area or open space area may be declared closed to the general public at any time and for any appropriate interval of time, either temporarily or at regularly scheduled intervals. During such periods, it shall be unlawful to enter upon or occupy such designated areas or portions thereof contrary to posted signs or regulations.

(c)

Use of facilities. Facilities and areas in park, recreation and open space areas shall be used for those purposes designated or implicit in their character. Any deviation from this appropriate use shall require permission from the superintendent of parks, the director of parks and recreation or the city manager.

(d)

Group activity. A permit shall be obtained from the superintendent of parks in conjunction with the director of parks and recreation before participating in the following park activities:

(1)

Any group activity requiring or seeking exclusive use of any park or park facility;

(2)

Any activity or use of a park or park facility which amounts to a special event or special activity not normal to everyday park use and activity;

(3)

Any use of the park or park facilities by a group of persons which will exceed 100 in number.

(e)

Reserved use. It shall be unlawful in a park, recreation area or open space area:

(1)

To fail to produce and exhibit any permit issued by the city for inspection when requested by any park official;

(2)

To disturb or interfere unreasonably with any person or group occupying an area or participating in an activity under the authority of a valid permit;

(3)

To occupy an area or facility or park structure which has been reserved for another group and so marked.

(f)

Nonexclusive use. Unless a permit is obtained for the exclusive use of any park or park facilities by any group, the use of any portion of these park areas or park facilities to the exclusion of other persons shall be unlawful, and no person or group shall use such areas and facilities for an unreasonable length of time if the facilities are crowded.

(g)

Fees and fee schedules. The city manager or agent designated by him, primarily the director of parks and recreation and the superintendent of parks, shall have the authority to propose a fee schedule (which fee schedule must be approved by the governing body before it becomes effective) for the charging of fees where applicable and for permits with regard to funds to be deposited, collected, refunded or forfeited. Such revenues received shall be deposited in the city general fund account. A deposit fee may be required to accompany any request for reservation of park facilities and areas.

(h)

Revocation of permit. The superintendent of parks or the director of parks and recreation shall have the authority to revoke any permit for any violation of any rule or ordinance, or upon good cause shown therefor, by any person or group holding a valid permit.

(i)

Responsibility of permit holder. Persons or groups receiving valid permits for park use shall agree to abide by all park rules and regulations. The person to whom a permit is issued shall be liable for any property loss or damage or injury sustained by any person whomsoever by reason of the negligence of the person or group to whom such permit shall have been issued.

(Ord. No. 3560, § 6, 1-3-78; Ord. No. 4573, § 3, 4-4-89)