Burbank Municipal Code Art. 8 Use of Park Facilities

A. Use of Park Facilities: No group or person as described in this section shall hold or conduct any picnic, celebration, parade, service, exercise, or event in any park without a park permit issued pursuant to this article. The provisions of this article shall apply to the following:

1. Any group of twenty five (25) or more persons.

2. Any picnic, celebration, parade, service, exercise, or event conducted on behalf of, or sponsored by, any business or organization which does not have its principal place of business in the City of Burbank.

3. Any group or person that will install and/or use equipment or facilities which is not owned or operated by the City of Burbank. For the purposes of this article, the term “equipment or facilities” shall not include normal sports or playground equipment including, but not limited to, balls, gloves, bats, volleyball or badminton nets, or tennis rackets.

4. Any group, of forty (40) or more persons, including the City of Burbank or any of its departments, who have applied for exemption from the provisions of Section 3-3-622 of this chapter.

5. Any group which applies for exemptions from the provisions of Section 3-3-703 of this chapter relating to the sale and consumption of alcoholic beverages.

B. Registration Areas: The Parks and Recreation Director may designate those areas of any park, the usage of which is heavy, or those areas of any park which are designed or desirable to be used for special or limited activities, and restrict the use thereof to persons or groups registering in advance for such use. The use of such areas shall be subject to the rules and regulations formulated by the Director. [Added by Ord. No. 3077; amended by Ord. No. 25-4,028, eff. 7/25/25; 3614; 3346, 3171, 3124.]

3-3-801.1: COMMERCIAL USE OF PARK FACILITIES WITHOUT PERMIT UNLAWFUL:

A. Permit Required: It shall be unlawful for any person, firm, corporation or charitable organization to engage in or to attempt to engage in any business, activity or act for financial compensation in or on any recreational facility or property owned, operated, or maintained by the City, including, but not limited to, any park, playground, recreational area or parking lot, without a permit issued by the City.

B. Applicability: Subsection A of this section is applicable regardless of whether the financial compensation is received directly or indirectly for that portion of a business, activity or act being performed in or on any recreational facility or property owned, operated, or maintained by the City.

C. Permit Fees: The permit fee to be paid for the use of any recreational facility or property owned, operated, or maintained by the City, including, but not limited to, any park, playground, recreational area or parking lot for the purpose of any business, activity or act for financial compensation shall be prescribed by resolution of the Council.

D. Penalties: Any person, firm, corporation or charitable organization that intentionally violates any of the provisions of this section shall be guilty of a misdemeanor. [Added by Ord. No. 3639, eff. 7/3/04.]

Any person or group desiring to use an area or conduct an activity described in Section 3-3-801 or 3-3-801.1 of this article shall first submit an application in writing in such form and containing such information as the Director of the Parks and Recreation Department or their designee may prescribe. The application shall be made at least forty five (45) days prior to the commencement of the use or activity but no earlier than one hundred ten (110) days before the commencement of the use or activity. In any case of emergency or where the Director or their designee is otherwise informed of the nature of the use or activity, they may, in their discretion, waive the prescribed time limit. [Added by Ord. No. 3077; amended by Ord. No. 25-4,028, eff. 7/25/25; 3648.]

A. Duties of the Director: The Director is hereby granted the following powers and assigned the following duties:

1. The Director, in consultation with the Police Chief, and the Fire Chief, shall assess and evaluate the police and health safety problems arising from the occurrence of the proposed activity or the use of the requested area of the park. In consideration of the age of the participants, the hour of conducting the activity, the type of activity proposed, the extent and type of advertising, if any, the condition of the premises, including access, and other similar or pertinent factors, the Director shall designate the minimum number and type of persons who shall be required to be present to enforce laws and regulations and maintain decorum and pedestrian and vehicular traffic control at or about the premises of the activity. As a condition of approval of any permit, the Director may require the permit applicant to pay the costs to the City incurred as a result of furnishing the services which the Director may require.

2. The Director shall assess and evaluate the activity or the use of the requested area of the park and considering the nature of the activity or use, may determine whether or not it will create unusual wear and tear of park property or accumulation of trash. Upon making such determination the Director may impose conditions on the activity or use reasonably calculated to decrease or eliminate the problem.

3. The Director may limit the hours of use of any facility or area.

B. Insurance: The Parks and Recreation Director or their designee, may, at their discretion, require an insurance policy as a condition of the issuance of the permit.

If a policy is required, the permittee must obtain, pay for, and maintain a policy of general liability insurance, approved as to form by the City Attorney which shall insure the City, its officers and employees against any liability, or claims of liability, brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the permittee or their agents or employees and occurring during the period and as a result of the activities for which such permit was issued. The amount of coverage to be provided by such policy shall be determined by the Parks and Recreation Director, or their designee. The City Attorney may accept as compliance with the requirement imposed by this subsection the presentation of a certificate of insurance, for at least the required amount of coverage, which indicates that, by endorsement thereto, the City, its officers, and employees have been added as additional insureds. Such certificate shall additionally provide that the required insurance will not be modified, changed, or terminated until at least ten (10) days’ written notice thereof has been transmitted to the Parks and Recreation Director.

C. Indemnity: It shall be a condition of the issuance of any park facilities permit that the permittee shall agree to defend and to hold the City, its officers and employees harmless from any and all claims and liability of any kind whatsoever resulting from or arising out of the issuance of such permit.

D. Approval of Permits: The Director shall approve the park facilities permit if, from a consideration of the application and such other information as may otherwise be obtained, including the imposition of required or desired conditions, the Director finds:

1. The conduct of the activity or the use of the area will comply with all the provisions of the code and will not substantially interrupt the safe and orderly use of the park by other persons.

2. The conduct of the activity or the use of the area will not require the diversion of so great a number of police and fire protection personnel as to prevent normal service to the City.

3. The concentrations of persons and equipment will not create a threat to the health and safety of any person using the park.

4. The conduct of the activity or the use of the area is not reasonably likely to cause injury to persons or property.

5. The conduct of the activity or the use of the area will not have an adverse impact on the surrounding neighborhood due to parking, noise, or crowds.

E. Director’s Decision: The Director’s decision shall be based upon the exercise of their discretion and in light of the factors and considerations described in this section. The Director’s decision shall be rendered to promote and protect the health, safety, and welfare of the participants in the activity and the spectators who may be drawn thereto, property, including the property involved, the surrounding neighborhood, and the community at large. [Added by Ord. No. 3077, eff. 8/29/87; amended by Ord. No. 25-4,028, eff. 7/25/25.]

A. The Director or their designee shall act upon the application for a commercial facilities use permit within fourteen (14) days after the filing of an application and shall mail to the applicant a written notice of their action. If the commercial facilities use permit is denied, the Director or their designee shall include in the notice of decision a general statement of the reasons for their denial of the permit.

B. If the time of the proposed commercial activity is before or after the normal posted hours of operation of the requested park facility and its adjacent areas or in the Director’s opinion notice is otherwise warranted, the Director or their designee shall provide notice to any interested person prior to acting upon the application.

C. As used in this article, an “interested person” shall mean any person who is or may be directly and negatively impacted by the approval of a commercial facilities use permit.

D. Notice shall be in such form as may be prescribed by the Director or their designee and shall contain a brief description of the proposed activity and the deadline for submitting written comments to the Parks and Recreation Department.

E. Notice shall be made by publication once in a newspaper of general circulation in the City at least eight (8) days before a decision on the application. In addition to publication in a newspaper, notice may also be mailed to interested persons at the discretion of the Director or their designee.

F. An interested person may submit in writing comments regarding the proposed activity that the Director or their designee may take into consideration in deciding whether or not to grant a commercial facilities use permit. In addition, an interested person may request written notification of the Director or their designee’s decision. [Added by Ord. No. 3077; amended by Ord. No. 25-4,028, eff. 7/25/25; 3648.]

3-3-804.1: RECREATIONAL FACILITIES USE PERMIT DECISION:

The Director or their designee shall act upon the application for a recreational facilities use permit within fourteen (14) days after the filing of the application. The Director or their designee may act upon an application for a recreational facilities use permit either orally or in writing. [Added by Ord. No. 3648, eff. 1/1/05.]

A. Any decision of the Director or their designee in approving or denying a permit pursuant to this article may be appealed by the applicant or any interested person to the Park, Recreation and Community Services Board, as defined in Section 2-1-410 of this code. Notwithstanding any other provision of this code, such appeal shall be subject to the conditions and the procedures set forth in this section.

B. Any applicant or interested person who has a right of appeal shall file a written notice of appeal with the City Clerk. The notice of appeal shall be filed, if at all, not later than ten (10) days after the mailing of a notice of decision by the Director or their designee.

C. No appeal shall be considered by the Park, Recreation and Community Services Board unless the notice of appeal is filed within this ten (10) day period.

D. Every notice of appeal shall contain a statement of the facts upon which it is based in sufficient detail to enable the Park, Recreation and Community Services Board to understand the nature of the controversy and the contentions of the parties concerned. The notice of appeal shall also contain a statement of the relief requested. [Added by Ord. No. 3077; Amended by Ord. No. 3648, eff. 1/1/05.]

3-3-805.1: SERVICE OF NOTICE OF APPEAL; REPORT AND OFFICIAL RECORD; HEARING AND DECISION BY THE PARK, RECREATION AND COMMUNITY SERVICES BOARD:

A. Official Record: Upon receipt of the notice of appeal the City Clerk shall make a copy of the notice and forward it within two (2) City business days to the Director or their designee. The Director or their designee shall promptly transmit to the Park, Recreation and Community Services Board a written report on the matter and a copy of all papers constituting any part of the record upon which the decision was based within three (3) City business days of receiving the notice of appeal from the City Clerk.

B. Setting Time for Hearing; Notice of Hearing: The Chairperson of the Park, Recreation and Community Services Board shall set the matter for hearing by the Park, Recreation and Community Services Board within twenty (20) calendar days of the City Clerk’s receipt of the notice of appeal, unless the applicant consents in writing to an extension. At least ten (10) calendar days prior to such hearing, written notice thereof shall be personally delivered or mailed to the applicant, the Director and to such other interested persons who requested notification of the Director or their designee’s decision, and as otherwise required by the California Ralph M. Brown Act2 by first class U.S. mail with a proof of service attached.

C. Hearing by Park, Recreation and Community Services Board: The hearing shall be conducted as an independent reexamination of the matter. The person seeking the Park, Recreation and Community Services Board’s review shall have the burden of proof in all cases, and if such person is served with a notice of hearing but fails to appear either in person or by counsel, or fails to present or offer any evidence, the Park, Recreation and Community Services Board may adopt the decision of the Director, or it may decide the matter upon the record with or without taking any additional evidence. Any oral or documentary evidence may be received, but the Park, Recreation and Community Services Board shall exclude irrelevant, immaterial or unduly repetitious evidence. Unless demand is made, witnesses will not be sworn. It is not a ground for objection that evidence is hearsay or secondary, but the Park, Recreation and Community Services Board’s decision shall be made upon substantial evidence. In other words, if an essential finding is based upon hearsay or secondary evidence, such evidence must be of the type which would be admissible in a court of law as proof of such finding.

D. Decision by Park, Recreation and Community Services Board: Upon the hearing of the appeal the Park, Recreation and Community Services Board may refer the matter back to the Director or their designee with directions for further consideration, or it may reverse, affirm, or modify the decision as may appear just and reasonable in the light of the evidence presented. Notice of its decision shall be served upon the applicant, any interested person and the Director or their designee and shall be final unless City Council agrees to accept a further appeal or takes other action as provided in this article.

E. Findings by Park, Recreation and Community Services Board: The Park, Recreation and Community Services Board shall make a final determination supported by written findings within ten (10) City business days after the hearing pursuant to this section. The findings shall include the reasons for the Park, Recreation and Community Services Board’s ruling, including, but not limited to, findings of facts, if any, required by the code sections or ordinance upon which the decision is based. If necessary, the Park, Recreation and Community Services Board shall have a further meeting prior to the ten (10) day deadline to consider the written findings and adopt them as submitted or as modified by motion of the Park, Recreation and Community Services Board. No later than two (2) City business days of the Park, Recreation and Community Services Board’s decision, notice of the decision and a copy thereof shall be mailed by first class mail, postage prepaid, to the appellant and any interested person. The decision becomes effective three (3) City business days after notice of the decision has been mailed. The decision of the Park, Recreation and Community Services Board shall be final unless a timely appeal is filed. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805.2: APPEAL TO CITY COUNCIL; NOTICE OF APPEAL; TIME FOR FILING; TIME LIMITS:

A. Any decision of the Park, Recreation and Community Services Board may be appealed to the City Council subject to the conditions and the procedures set forth in this article.

B. Any person wishing to file an appeal of a decision of the Park, Recreation and Community Services Board shall, within ten (10) days after the date of service of the notice of decision, file a notice of appeal with the City Clerk.

C. No appeal shall be considered by the City Council unless the notice of appeal is filed within the time limit stated in this section.

D. Every notice of appeal shall contain a statement of the facts upon which it is based in sufficient detail to enable the City Council to understand the nature of the controversy and the contentions of the parties concerned. The notice of appeal shall also contain a statement of the relief requested. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805.3: SERVICE OF NOTICE OF APPEAL; REPORT AND OFFICIAL RECORD; HEARING AND DECISION BY THE CITY COUNCIL:

A. Official Record: Upon receipt of the notice of appeal the City Clerk shall make a copy of the notice and forward it within two (2) City business days to the Director or their designee. The Director or their designee shall promptly transmit to the City Clerk six (6) copies of the notice of decision, a written report on the matter and a copy of all papers and other such evidence upon which the decision of the Director or their designee was based within three (3) City business days of receiving the notice of appeal from the City Clerk.

B. Setting Time for Hearing; Notice of Hearing: The City Clerk shall set a time for the hearing on the City Council agenda within twenty (20) calendar days of the City Clerk’s receipt of the notice of appeal, unless the applicant or interested person filing the appeal consents in writing to an extension. At least ten (10) calendar days prior to such hearing, written notice thereof shall be personally delivered or mailed to the applicant, the interested person, the Director or their designee and as otherwise required by the California Ralph M. Brown Act3 by first class U.S. mail with a proof of service attached.

C. Hearing by City Council: Unless otherwise ordered and noticed, hearings shall be held as a part of the regular meetings of the City Council. The hearing shall be conducted as an independent reexamination of the matter. The person seeking City Council’s review shall have the burden of proof in all cases, and if such person is served with a notice of hearing but fails to appear either in person or by counsel, or fails to present or offer any evidence, the City Council may adopt the decision of the Director or their designee, or it may decide the matter upon the record with or without taking any additional evidence. Any oral or documentary evidence may be received, but the Mayor shall exclude irrelevant, immaterial or unduly repetitious evidence. Unless demand is made, witnesses will not be sworn. It is not a ground for objection that evidence is hearsay or secondary, but the City Council’s decision shall be made upon substantial evidence. In other words, if an essential finding is based upon hearsay or secondary evidence, such evidence must be of the type which would be admissible in a court of law as proof of such finding.

D. Decision by City Council: Upon the hearing of the appeal the City Council may refer the matter back to the Director or their designee with directions for further consideration, or it may reverse, affirm, or modify the decision as may appear just and reasonable in the light of the evidence presented. City Council’s decision shall be final and conclusive. The decision shall be entered in the City Clerk’s minutes as a motion and served upon the applicant, interested person and the Director or their designee. Testimony taken at hearings on appeal, if recorded, will not be transcribed or filed except upon the written request of a person accompanied by payment of the cost of transcription.

E. Findings by the City Council: After the hearing of the appeal, the City Council shall cause the preparation of written findings which shall be considered by the City Council and adopted as submitted or as modified by the City Council at a regular meeting not later than ten (10) City business days following the close of the appeal hearing. The findings shall include the reasons for the City Council’s ruling, including, but not limited to, findings of facts, if any, required by the guidelines, resolutions or ordinances upon which the decision is based. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805.4: JUDICIAL REVIEW:

In the event the decision of the City Council is adverse to the applicant or interested person, the applicant or interested person may seek judicial review of the City Council decision in accordance with California Code of Civil Procedure Section 1094.5 et seq., or as otherwise permitted by law. The notice of the City Council’s decision shall provide notice of the applicant or interested person’s right to judicial review pursuant to Code of Civil Procedure Section 1094.5 et seq., and that the time to seek such review is governed by Code of Civil Procedure Section 1094.6. In the event the applicant or interested person files an action pursuant to California Code of Civil Procedure 1094.5 et seq., the decision suspending or revoking the permit shall automatically be stayed upon service of the complaint to the City Clerk. Nothing herein shall be construed as a limitation upon the City’s ability to seek court action to enforce the terms of this article. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805.5: AUTHORITY TO REVOKE OR SUSPEND A PERMIT OR LICENSE:

Any permit granted or issued under the provisions of this article may be revoked or suspended at any time by the Director or their designee. The applicant shall be given written notice of the grounds for the proposed revocation or suspension. The notice to the applicant shall fix a time and place of hearing before the Park, Recreation and Community Services Board and shall require the applicant to provide reasons why the permit should not be revoked or suspended. Within five (5) City business days after the decision, the Director or their designee revoking or suspending the license shall deliver a written notice of decision to the applicant. If the decision is to revoke or suspend the license, the notice shall state the effective date of such decision. The Director or their designee shall make a written declaration of mailing or proof of personal service and shall file the declaration with the records of the Park, Recreation and Community Services Board. The decision shall be final unless a timely appeal is filed. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805.6: GROUNDS FOR REVOCATION OR SUSPENSION:

In addition to any specific reason as may be stated elsewhere in this code, any permit granted or issued under the provisions of this article may also be revoked or suspended at any time for any of the following reasons:

A. A material false statement contained in the application;

B. For failure to provide full disclosure of information required by the application;

D. For failure to comply with any regulatory provision contained in the statutes of the State or in the ordinances of the City regulating such business;

D. For failure to operate such business in an orderly and business like manner in obedience to such orders, rules and regulations as may be applicable under the provisions of this code or statutes of this State;

E. For conducting such business in an illegal, improper or disorderly manner or in a manner which endangers the public health, safety or welfare;

F. For failure to comply with any special conditions issued by the Director or their designee as a condition of permit approval and/or failure to follow all rules, regulations and conditions as mandated by the Director or their designee;

G. For any reason which would have constituted grounds for the denial of such permit had the facts constituting the basis for such reason been known or existed at the time of issuance;

H. For any change in circumstance that may negatively impact the compatibility of the permitted activity with the surrounding neighborhood. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805.7: EFFECT OF REVOCATION OR SUSPENSION:

Until a revoked or suspended permit is reinstated, the applicant shall not exercise any of the rights or privileges which such permit purports to grant. Whenever the revocation or suspension of a license becomes final and conclusive, all certificates, cards, and other evidence of such permit shall be promptly returned to the Parks and Recreation Department. Neither the permit application fee, nor any part thereof, shall be refunded in the event the permit is suspended, revoked or denied. [Added by Ord. No. 3648, eff. 1/1/05; amended by Ord. No. 25-4,028, eff. 7/25/25.]

3-3-805.8: INSTITUTION OF PROCEEDINGS BY CITY COUNCIL:

The City Council may, on its own initiative, institute proceedings for the revocation or suspension of any license granted or issued under the provisions of this code. In such event the City Council shall direct the City Manager to order the applicant to provide reasons why the license or permit should not be revoked or suspended. Such order from the City Manager shall state the grounds of the proposed revocation or suspension, and the time and place of a hearing. The hearing shall be conducted pursuant to Section 3-3-805.3 of this article. The findings, if any, and the decision of City Council shall be final and conclusive. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805.9: OTHER PROCEEDINGS NOT BARRED:

Proceedings to revoke or suspend a license under this article shall not bar or in any way limit the right of the City to proceed against an applicant under the penal provisions of this code or pursuant to any other ordinance of the City. [Added by Ord. No. 3648, eff. 1/1/05.]

Immediately upon the issuance of a park facilities permit, the Parks and Recreation Director or their designee shall send a copy thereof to the Police Chief, Fire Chief, and City Manager. [Added by Ord. No. 3077, eff. 8/29/87; amended by Ord. No. 25-4,028, eff. 7/25/25.]