Bell Municipal Code Ch. 12.32 Park Reservations

The director of parks and recreation (the "director") may select and designate specific areas and facilities in any park which may be limited to special uses, at certain times, for which a reservation may be made. Such uses may include, but are not limited to, sports, games, or other recreational activities, picnics, assemblies, entertainments, performances, concerts, exhibitions and weddings.

(Prior code § 3700; Ord. 1107 § 1, 1995)

The director has the authority to grant reservations for the use of specific areas and facilities in parks and recreation facilities for the benefit and participation by interested public and private persons and groups. The procedure shall be used to facilitate and enhance the widest possible use of parks and park facilities by the public. In granting reservations, persons or groups from within the city shall be given priority over persons or groups from outside the city. Reservations for the use of parks and recreation facilities shall be conditioned to be consistent with this chapter governing such use. The person or group has exclusive use of the park or recreation facility, or portion thereof, for the time period designated in the reservation issued by the director. No person shall interfere with the use and enjoyment of a park or recreation facility by a person or group who has been granted a reservation in accordance with this chapter.

(Prior code § 3701; Ord. 1107 § 1, 1995)

Requests for reservations to use park or recreation facilities shall be submitted in writing to the city on forms approved by the director of parks and recreation not less than four weeks for recurring uses and not less than 10 working days for nonrecurring uses in advance of the intended use. The parks and recreation director may permit a shorter advance request time for good cause shown.

(Prior code § 3701(a); Ord. 1107 § 1, 1995)

Fees and deposits required in respect to reservations may include, without limitation, such amounts as may be determined by resolution of the city to be necessary to compensate the city for the administrative costs associated with the reservation, as security for repair or damage to the park or recreation facility, for costs of cleanup, and for extra personnel to regulate traffic and public safety if necessary. Upon the granting of a reservation under this chapter, any fees or deposits established by the city or conditions related thereto shall be paid and complied with by the applicant before the effective date of such reservation. If such fees or deposits are not paid before the effective date of such reservation, then, in that event, the reservation granted shall be null and void.

(Prior code § 3701(b); Ord. 1107 § 1, 1995)

The director may grant, deny or grant with conditions any reservation after considering items such as, but not limited to: the suitability of the area or facility for the number of persons expected at such function; whether the area or facility has been previously reserved for other use at the day and time requested in the application; whether or not the activity proposed is a legal use thereof; the percentage of the applicant group who are residents of the city; the impact of the proposed use upon public property; the effect of the proposed use upon the peaceful enjoyment of the park by members of the public attending and those not attending such event or activity; the effect of the proposed use upon the peace and convenience of members of the public using private or public property or the public streets in the vicinity of such area or facility; the public health and safety; any traffic or parking problems which may be caused by attendance at such activity or event; and the equitable sharing of the use of such facility. The director is specifically authorized to attach reasonable restrictions and conditions to activities to occur at the event, including but not limited to, restrictions on fires; amplified sound; consumption of alcoholic beverages; dancing; sports; the use or presence of animals; the use of equipment or vehicles; the number of persons to be present; the location of any bandstand or stage within a specified park area; or the creation of any sounds, smoke, light, smell or any other thing which appears likely to create any unreasonable risk of harm or substantial annoyance to any person using the park or to the public, or damage to any public or private property. Violation of any of the terms and conditions of any reservation issued under this chapter by the applicant, or any agent, servant or employee of applicant, shall be cause for immediate suspension or revocation of such reservation by designated city employee.

(Prior code § 3701(d); Ord. 1107 § 1, 1995)

The director shall grant, deny or grant with conditions each application for a reservation within five working days after the date or receipt of the application, unless the time for such action has been waived by the applicant. The decision granting, denying, or granting with conditions such application shall be mailed to the applicant at the address listed on the application. The applicant shall not consider the reservation to have been granted until the reservation approval is received.

(Prior code § 3701(c); Ord. 1107 § 1, 1995)

The director shall refuse to grant a reservation where conditions cannot be met or are not accepted. The applicant must agree to provide a means of informing all of the persons participating in the proposed activity of the terms and conditions of the reservation, if any.

(Prior code § 3701(f); Ord. 1107 § 1, 1995)

Any person or group dissatisfied with a decision of the director with respect to the approval, denial or approval with conditions of such a reservation may appeal such decision to the chief administrative officer within 10 days of receipt of the written notice of the decision of the director. The city, by resolution, shall establish fees, if any, for such appeals. The chief administrative officer shall determine whether the action of the director was in accordance with the provisions of this chapter and any other applicable law. The burden of proof in showing that the action taken by the director was arbitrary, capricious and unreasonable shall be borne by the appealing party. The determination of the chief administrative officer shall be final.

(Prior code § 3701(e); Ord. 1107 § 1, 1995)

Each person or group to whom a reservation has been granted shall agree in writing, to indemnify and hold the city, its officers, agents and employees, harmless from and against any and all liability for injury to persons or property occurring as a result of the reserved activity of the person or group and such person or group shall be liable to the city for any and all damage to parks, facilities and buildings owned or controlled by the city, which results from any act or omission of the person or group or is caused by any participant in such activity. Additionally, each person or group to whom a reservation is granted shall agree in writing, to waive all claims or causes of action against the city, its officers, employees or agents which such person or group may have at any time for damage to or loss of property of any type or form or for injury to persons in, about or upon the reserved facility, from any cause or causes arising at any time, except for the sole negligence or wilful act(s) of the city, its officers, employees or agents, and to which the person or group to whom a reservation is granted in no way contributed, either actively or passively, to causing such damage, loss or injury, either directly or through any other person, agent, partner, contractor or associate.

(Prior code § 3701(g); Ord. 1107 § 1, 1995)

The director may, provided good cause is shown, require the person or group to obtain a policy of public liability insurance with terms and limits of liability as determined and approved by the city to be appropriate for the activity for which the reservation is requested. Good cause would include that the proposed use of the park or facility involves a real potential risk of damage or injury to persons or property of others due to the nature of the activity. Such policy shall name the city, its officers, agents and employees, as insureds, be primary coverage and shall insure the insureds against all claims, suits and demands of any and all persons for injury, including death or damage sustained by any person or persons arising out of any act or omission of the reservee related to such use of any city park or recreation facility.

(Prior code § 3701(h); Ord. 1107 § 1, 1995)

No reservation for use of any park or recreation facility shall be transferable without the consent in writing of the director and reasonable conditions may be imposed upon such transfer.

(Prior code § 3701(i); Ord. 1107 § 1, 1995)

Violation of any of the terms and conditions of any reservation issued under this chapter, or of any applicable law, rule, regulation or city ordinance by the applicant, group, or any agent, servant or employee thereof, shall be cause for immediate suspension or revocation of such reservation by designated city employee.

(Prior code § 3702; Ord. 1107 § 1, 1995)

The director shall have the primary responsibility for the enforcement of this chapter. Each member of the police department of the city is given permission to enter the public and restricted areas of all parks and recreation facilities to maintain public order and to prevent, remedy or take other appropriate action in respect to violations of the provisions of this chapter or of other applicable laws or regulations. If by this chapter a specified right or privilege has been granted pursuant to a written reservation, such written reservation shall be readily available at all times for display to any duly authorized law enforcement officer or city employee who requests proof of the written reservation.

(Prior code § 3703; Ord. 1107 § 1, 1995)

Any person who violates any regulation set forth in this chapter shall be guilty of an infraction.

(Prior code § 3704; Ord. 1107 § 1, 1995)