Banning Municipal Code Ch. 12.36 Park and Recreation Facilities

As used in this chapter, the following definitions shall apply:

Commercial Group. A person, or group of persons which sponsors an activity under this chapter intended as a profit making venture, which may or may not be open to the public generally.

Government Group. A person or persons engaged in an activity hereunder which is sponsored by a school or other government entity.

Nonprofit Group. An association, organization or corporation organized for nonprofit purposes which does not contemplate the distribution of gains, profits or dividends to the members thereof from the proceeds of the activity conducted hereunder.

Private Group. A person or group of persons, including a political organization, other than a public agency, which sponsors an activity held for a not-for-profit purpose and not open to the general public.

(Code 1965, § 15-9.)

Application for exclusive use of a park and recreation facility shall be made in writing on the park and recreation facility form provided by the city. The parks and recreation facility form shall be submitted at least fifteen working days prior to the date of proposed use to the community services department. This requirement may be waived by the community services director on a showing that the application could not reasonably be submitted within such time.

A. Use of facilities by government groups as defined herein shall be by contract, or other arrangement, and shall not be subject to the provisions of this chapter save by specific reference hereto.

B. Applications shall not be accepted more than six months in advance of use except when the application is for contiguous multiday rentals.

C. Use of park and recreation facilities shall require prior approval of the community services director consistent with the standards set forth in Section 12.36.050 of this chapter. The community services director may place such conditions on the issuance of the permit as shall seem to him/her to be reasonable for the conduct of the event within the requirements of this section. The community services director shall not condition a permit in such manner as to deny any person his/her rights under law. The community services director shall have the right to deny a use to any applicant for the reasons set forth in this chapter.

D. A denial of use by the community services director shall be in writing and shall set forth the reason(s) for said denial. The denial may be appealed to city manager by the applicant, in writing, within ten calendar days following date of receipt of notice of such denial. The appeal shall set forth the grounds upon which the applicant feels that the community services director was incorrect in his/her denial of use. The city manager shall have ten calendar days following date of receipt of the appeal within which to make a determination to sustain or overrule the denial of use by the community services director. If it is the decision of the city manager to sustain the determination, the applicant shall have five calendar days following date of receipt of notice of such determination within which to submit an appeal therefrom to the park and recreation commission. Said appeal shall be in writing and shall set forth the grounds upon which the applicant feels the determination of the city manager is incorrect. The park and recreation commission shall thereafter have thirty days within which to reach a determination on the matter. The decision may thereafter be appealed to the city council in the same manner as for all nonspecific appeals.

(Code 1965, § 15-7.)

Community services director may deny an applicant the privilege of using a facility, even if it is otherwise available, for the following reasons:

A. Applicant's violation of the conditions of a previously issued use permit, or failure to meet or conform to the conditions contained in any current use permit.

B. Applicant's violation of the rules and regulations of the city relating to the facility.

C. Previous incidents wherein use of facility by applicant resulted in damage to or misuse of city facility.

D. The existence of any of the above conditions at other facilities not owned by the city caused by applicant.

E. The use proposed is not consistent with the recreational, civic, assembly or other purposes for which the particular facility has been provided; or is likely to overburden park or security facilities.

F. The proposed use, or the manner in which the use is proposed to be conducted, violates a law, rule or regulation of the city or any such law, rule or regulation of the United States or the state of California.

(Code 1965, § 15-8.)

A. The community services director, city manager, chief of police, fire chief, code enforcement officer, or the designee of each, may summarily revoke or suspend permits issued under this chapter where the permittee violates or permits any infraction of the rules and regulations of the city or any law or ordinance.

B. The city manager may revoke or suspend permits issued under this chapter, where the permittee violates or permits any infraction of the rules and regulations of the City of Banning or any law or ordinance.

(Code 1965, §§ 15-16, 15-26.)

For use of facilities other than by the city, facilities shall be available on a first-come, first-serve basis.

(Code 1965, § 15-10.)

Reasonable rental fees shall be charged for the use of city facilities, which shall be designed to reimburse the city for costs involved in providing the facility and services. The amount of such fees shall be as set by resolution of the city council. No fees shall be required for those applications made by nonprofit groups which have been exempted from the payment of fees pursuant to Chapter 3.40 of this Code.

A. An application fee shall accompany all applications for use of facilities. The amount of such fee shall be as set by resolution of the city council. The application fee shall be applied to the rental fee if the activity actually takes place, and shall be retained by the city if the event is canceled.

B. An additional fee shall be charged for the services of a city rental person while the facility is in use. The amount of such fee shall be as set by resolution of the city council. The rental person shall open and close the facility, operate the lighting, heating, cooling, and announcing system, orient user to facility, evaluate groups' care of the facility and compliance with all applicable rules. Exception from the requirements of this subsection may be made by the community services director for nonprofit groups upon his/her determination that sufficient other city personnel will be present for the duration of the event and present in such role as to substitute for the rental person.

C. A security deposit in an amount to be set by resolution of the city council shall be paid for by use of the facility.

1. The deposit shall be refunded following completion of activity. If any damage to facility is caused to occur during the event as a result of the actions of the sponsor and approved activity participants, cost of repairs shall be determined by the community services director and deducted from the deposit.

D. All fees shall be paid in full at least three working days in advance of the date of the activity. Failure to pay fees on time may result in cancellation of facility reservation.

(Code 1965, § 15-11.)

The sponsor assumes full liability for injury to persons or damage to property caused by negligence or the improper or unauthorized usage of facilities by the sponsor or approved participants in the activity. Assumption of such liability shall be by a hold harmless agreement and an insurance endorsement naming the city as an additional named insured to the extent and as required by the city. This requirement may be fulfilled through the purchase of "special events insurance" coverage.

(Code 1965, § 15-12.)

All events held in the facilities must be completed by 12:30 A.M. and facility completely cleaned and vacated by 1:00 A.M.

(Code 1965, § 15-13.)

User may be required, depending upon the nature of the event to secure any or all necessary licenses, before the permit is approved, including, but not limited to the following:

A. Business license clearance (granted by the city license division).

B. Police (granted by the city police department).

(Code 1965, § 15-14.)

Except as expressly set forth in Section 12.36.110 of this chapter, any and all sale and consumption of alcoholic beverages in and upon the premises of any park and park and recreation facility of the city is forbidden. If permitted, applicable insurance, permits and/or licenses shall accompany facility use permit applications.

(Code 1965, § 15-15.)

A. Except as expressly set forth hereinafter, any and all sale and consumption of alcoholic beverages in and upon the premises of any park and park and recreation facility of the City of Banning is forbidden.

B. For purposes of this section, "alcoholic beverage" is as defined in Section 23004 (and related sections) of the Business and Professions Code of the state of California.

C. Sale and consumption of alcoholic beverages shall be allowed within Smith Creek Park and Dysart Park. Such use shall be subject to all of the following:

1. Such sale or consumption shall be in conjunction with an event authorized upon the provisions of this chapter.

a. Sponsor shall have provided all such insurance and evidence of insurance as is required by the article authorizing the event. In every case, the amount of the insurance shall reflect that the event involves the sale and consumption of alcohol.

b. The sponsor shall agree, in writing, to indemnify, defend, and hold harmless the City of Banning and its authorized agents, officers, volunteers and employees against any and all claims whatsoever arising from the use permitted hereunder. Consistent herewith, the insurances listed above shall include single limit for bodily injury and property damage of not less than one million dollars, which shall include coverage for alcohol sales. All such policies must be primary and noncontributing with any insurance of self-insurance program carried by the City of Banning. The sponsor must require the carriers of all coverages to waive all rights of subrogation against the City of Banning, its officers, volunteers, employees, contractors and subcontractors.

2. The sponsor of the event shall have first obtained all necessary licenses and permits from the Alcohol and Beverage Control Commission of the State of California and from each and every other authority regulating such use and sale. The sponsor shall present evidence of same to the community services director at least seventy-two hours prior to the scheduled commencement of the event.

3. Sponsor personnel shall be required to attend an Alcohol and Beverage Council (ABC) Training Program prior to the scheduled event. Proof of attendance at such training program shall be submitted to the community services director at least seventy-two hours prior to the scheduled commencement of the event.

4. Special attention shall be given to the enforcement of provisions for the prevention of alcohol consumption by underage persons.

5. Sales and consumption of alcohol shall be terminated at least one hour prior to the scheduled daily closing of the event.

6. The sponsor shall, upon request, provide transportation home for persons attending the event alternative to such attendees operation of their personal automobile; i.e., designated drivers, shuttle service, etc.

7. The sponsor shall, as part of the application for the event, provide a map on which the sponsor has designated those areas where alcohol is to be sold and consumed.

8. The sponsor shall provide security personnel to monitor the event in such numbers as shall be required by the chief of police of the City of Banning. Factors to be considered in determining the number of such personnel shall include:

a. Number of persons expected to be in attendance at the event;

b. Level of security training and experience of security personnel;

c. Anticipated age and relationship of attendees (e.g. family members of an association; fellow employees; general public; wedding party);

d. Demonstrated experience of sponsors in conducting such an event.

9. No glass containers shall be permitted on park property.

10. The sponsor shall be responsible for the conduct of its employees, volunteers and participants at all times while at the park. Sponsor shall take whatever steps are deemed necessary to insure said conduct is appropriate.

11. The community services director may stipulate such additional conditions as may be reasonably necessary for the protection of individuals and property.

D. The sponsor shall immediately upon notice from the community services director of a violation of any of the conditions of the permit cease the sale or distribution of alcohol.

(Code 1965, § 15-25.)

No person shall gather, loiter, wander or remain within any public park or a park facility after sunset or before sunrise without a written permit from the city issued in accordance with the provisions of this chapter, except as follows:

A. Sports activities on lighted tennis courts, basketball courts or properly lit ballfield;

B. Events authorized by city to occur during the specified hours;

C. Park patrons while walking on properly lit walking paths in parks.

(Code 1965, § 15-27.)

(Ord. No. 1566, § 2, 11-9-21)

The following regulations shall apply to all parks and park facilities in the city:

A. No person shall cut, deface, remove or damage any tree, shrub, plant, turf, structure or building.

B. No person shall indulge in any loud, boisterous or riotous conduct or activity.

C. No person shall throw or deposit any bottle, can, broken glass, paper, rubbish or waste material of any kind at any place except in containers placed for such purposes.

D. No person shall drive or operate any vehicle, cycle or automobile on any area not designated for such purposes.

E. No person, shall sell or offer for sale any goods, merchandise, services or articles unless a special event permit is granted pursuant to the provisions of this chapter or a specific concession or contract granted by the City.

F. Prohibition of Animals in Parks. No person shall cause, permit, or allow any animal owned or possessed by him or her, or any animal in the custody or control of such person, to be present in any park except:

1. Equine animals being led or ridden under reasonable control upon a bridle path, trail or park area authorized and provided for such purpose;

2. Equine or other animals which are hitched or fastened at a place expressly authorized and designated for such purpose;

3. Dogs or cats when caged, or when led by a cord, leash or chain not more than six feet long, or when confined within the interior of a vehicle; service animals which have been specially trained to do work or perform tasks for an individual with a disability.

G. Permit to Gather. No person, company, society, organization, gathering or group of more than twenty-five persons shall hold or conduct any picnic, celebration, parade, event, gathering, assembly or meeting in any park within the City without first obtaining a written permit to do so by the Parks and Recreation Department, and no person shall attend, take part in or be a participant in any such picnic, celebration, parade, exercise, gathering, assembly or meeting in a park unless the permission has first been obtained.

H. Amplified Sound in City Parks.

1. The intent of this section is to reasonably regulate the use of parks within the City in such a manner that various groups may enjoy such parks without unduly interfering with or creating conflicts with other groups, and to insure that if public address systems, amplified instruments or percussion instruments are used within the parks, that they shall be used in such place and manner that they will not unduly interfere with or be an annoyance to other groups or individual people who may be using the parks at the same time or to the surrounding neighborhood.

2. Public address systems, acoustical instruments, and/or electrically amplified instruments are prohibited unless the City Manager or his designee finds the amplification meets the criteria stated in paragraph (a) above, and the amplification use is approved in writing by and in the sole discretion of the City Manager or his designee.

I. No person shall interfere with the use of any scheduled group or activity that has received a permit from the City for use of said park.

J. Except as authorized in writing by the director, or except in performance of an official duty, no person shall post, place, or erect any bill, notice, paper, or advertising device or matter of any kind within a park.

K. Use or Sale of Narcotics and Illegal Drugs in Parks.

1. No person shall enter, be in or remain in any park owned, operated or controlled by the city or district, while in possession of, transporting, purchasing, selling, giving away or consuming any narcotics or illegal drugs, except possession of or consumption of prescription medication by the person for whom it was prescribed.

L. No person shall make fires in any places other than barbeques or fire pits either provided within City parks or within personal barbeques adhering to the following:

1. Barbeques must be a minimum of six inches off the ground;

2. Barbeques cannot be within twenty-five feet of a playground;

3. Barbeques cannot be left unattended;

4. All grease, coals and debris must be properly disposed of in the proper receptacle or removed from the park upon exit.

M. No person shall wound, kill or catch or attempt to catch any bird or animal.

N. No person shall loiter at or about any bathroom facility open to the public.

O. No person shall bring into a city park an inflatable bounce house, without first completing a facility use application and providing the proper insurance and indemnification information."

(Code 1965, § 15-29.)

(Ord. No. 1566, § 3, 11-9-21)

It is unlawful for any person to violate any provisions or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding one thousand dollars or by imprisonment not exceeding six months or by both such fine and imprisonment. Each person is guilty of a separate offense for each day during any portion of which any violation of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided in this chapter.

(Code 1965, § 15-28.)