Cotati Municipal Code Ch. 4.04 Fees for Use of City Facilities

Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

A.

"Amplified sound"

means music or speech projected or transmitted by artificial means, including but not limited to amplifiers, loudspeakers, or any similar devices.

B.

"Billboard"

means the billboard located at the Plaza Park of the city.

C.

"Bandstand"

means the bandstand located at the Plaza Park of the city.

D.

“City facilities”

means city buildings or spaces available for rent.

E.

"City hall"

means the building, or any portions thereof, located at 201 West Sierra Avenue, Cotati, California, and in which is housed the city's administrative office.

F.

"Department"

means the recreation and parks department of the city.

G.

"Director"

means the director of the recreation and parks department, or equivalent.

H.

"Park"

means any public park, plaza or recreation or playground area, or building or facility thereon, within the city, owned and maintained by the city as a public park, or recreation or playground area, whether or not such areas have been formally dedicated to such purpose.

I.

"Permit"

means the written permission issued to, or contract entered into with an applicant by an official of the city in accordance with the provisions of this chapter, and any amendment or supplement to such permit or contract.

J.

"Permittee"

means the person who shall have been granted permission to use a city facility or park.

K.

"Person"

means and includes, except where the context requires a different meaning, an individual, a copartnership, joint adventurers, a firm, an unincorporated association, a syndicate, a club, a society, a trust, and all private or political or charitable or social organizations doing business or existing under and by virtue of any law, as a corporation or otherwise.

L.

"Pollution"

means the contamination or other alteration of the physical, chemical or biological properties of park waters.

M.

"Vehicle"

means and includes any wheeled device or conveyance, whether propelled by motor, animal, or human power. The term shall include any trailer in tow of any kind, size or description. Exception is made for baby carriages and vehicles in the service of the city.

(Ord. 338 § 1(part), 1982; Ord. 937, 10/28/2025)

A. No person in a park shall conduct, operate, present, manage or take part in any of the following activities unless a permit is obtained prior to the start of the activity:

1. Any picnic, outing or gathering sponsored by any person and composed of more than 20 persons;

2. Any exhibit, dramatic performance, play, motion picture, radio or television broadcast, fair, circus, musical event, or any similar event which has been or intends to be announced, promoted or advertised in or by any media source, including but not limited to any newspaper, radio, television, magazine, pamphlets, brochures, posters or handbills;

3. Any public meeting, assembly or parade, including but not limited to drills, maneuvers, ceremonies, addresses, speeches or political meetings at which it is reasonably anticipated that more than 20 persons will be present or in attendance;

4. Any use of any park facility by a certain person or group of persons to the exclusion of others.

B. Standards for Issuance of Permit.

1. The city manager, or designee, shall issue a permit unless s/he finds:

a. That the proposed activity or use of the park will unreasonably interfere with or detract from the general public use and enjoyment of the park; or

b. That the proposed activity or use of the park will unreasonably interfere with or detract from the public health, safety or welfare; or

c. That the conduct of the proposed activity or use is reasonably likely to result in violence to persons or property resulting in serious harm to the public; or

d. That the proposed activity or use will entail an extraordinary expense or operation by the city; or

e. That the facilities desired have been reserved for another activity or use on the day and hour(s) requested in the application.

2. The city manager, or designee, may impose reasonable conditions or restrictions on the granting of a permit, including, but not limited to, any of the following:

a. A requirement that the applicant furnish or pay for applicable insurance, providing the city a certificate of insurance showing the city as a named insured or paying to the city the amounts necessary for the city to obtain necessary insurance coverage;

b. Restrictions on fires, fireworks, amplified sound, dancing, sports, use of animals, equipment or vehicles, the number of persons to be present, the location of any bandstand or stage, or any other use which appears likely to create a risk of unreasonable harm to the use and enjoyment of the park by others, or of damage to park property;

c. A requirement that the applicant post a reasonable security deposit for the repair of any damage to park property, or the cost of cleanup, or both;

d. A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate security forces by the city at the proposed use or activity;

e. A requirement that the applicant pay any required business license tax or other required fees;

f. A requirement that the permittee furnish additional sanitary and refuse facilities that might be reasonably necessary, based on the use or activity for which the permit is being sought.

g. Any restrictions, rules or policies adopted by the City Council.

3. Permits shall not be transferable without the written consent of the city manager.

4. If the City Manager, or designee, refuses to issue a permit, any aggrieved person shall have the right to appeal in writing within five days to the city council, which shall consider the standards set forth herein and sustain or overrule the decision at the next available regular city council meeting following the city clerk's receipt of the written appeal.

5. A permittee shall be bound by all park rules and regulations, and all applicable ordinances, fully as though the same were inserted in his/her permit.

( Ord. 338 § 1(part), 1982; Ord. 342 § 1, 1982; Ord. 937, 10/28/2025)

A. No person may use city facilities without first having applied for and obtained a permit therefor from the city manager or designee.

B. Applications for the use of city streets for special events or neighborhood gatherings shall be submitted to the director, and reviewed by the chief of police and the Director of Public Works prior to approval. Any use of city streets that includes modifications, construction, or similar changes of a non-temporary nature must apply for an encroachment permit, in accordance with Chapter 11.01 (Encroachments within Public Rights of Way).

C. The city manager, or designee, may impose reasonable conditions or restrictions on the granting of a permit, including but not limited to any of the following:

1. A requirement that the applicant furnish or pay for applicable insurance, providing the city a certificate of insurance showing the city as a named insured, or paying to the city the amounts necessary for the city to obtain necessary insurance;

2. Restrictions on amplified sound, dancing, sports, use of animals, equipment or vehicles, the number of persons to be present, the location of any bandstand or stage, or any other use which appears likely to create a risk of interference with the normal operations of the facility by city personnel;

3. A requirement that the applicant post a reasonable security deposit for the repair of any damage to city property, or the cost of cleanup, or both;

4. A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate security forces by the city at the proposed use or activity;

5. A requirement that the applicant pay any required business license tax or other required fees;

6. A requirement that the permittee furnish additional sanitary and refuse facilities that might be reasonably necessary, based on the use or activity for which the permit is being sought;

7. Any restrictions, rules or policies adopted by the City Council.

D. Permits shall not be transferable without the written consent of the city manager, or designee.

E. If the City Manager, or designee, refuses to issue a permit, any aggrieved person shall have the right to appeal in writing within five days to the city council, which shall consider the standards set forth herein and sustain or overrule the city manager's decision at the regular city council meeting next following the city clerk's receipt of the written appeal.

(Ord. 338 § 1(part), 1982; Ord. 342 § 2, 1982; Ord. 937, 10/28/2025)

A. The city manager, or designee, may grant permission to use any of the city's facilities or parks free, or for a fee less than would otherwise apply in accordance with the restrictions, rules, policies and fee schedules adopted by the City Council.

B. Permittee shall include an event budget with the permit application and request for special fee waivers on a form prescribed by the city manager. Not later than 15 days following the event, the permittee shall file a verified statement, on a form prescribed by the city manager, setting forth the total gross receipts from the event, and all expenses incurred and paid in connection with the event. Such statement shall be a condition precedent to the granting of any subsequent permits to use city facilities or parks.

C. In no event shall the applicant not be required to provide or obtain:

1. Payment for required insurance; or

2. A certificate to the city manager, or designee, showing such insurance has been obtained.

(Ord. 338 § 1(part), 1982; Ord. 937, 10/28/2025)

The city manager, or designee, may make such additional charges as s/he deems reasonable:

A. For the use of any city public-address system;

B. For any additional equipment supplied by the city necessary to the permittee's use of city facilities;

C. For supervising any installation required for the purpose of effecting the permittee's use;

D. For changes in the standard arrangement of city facilities, including special seating arrangements;

E. For additional gas, electricity, water and special mechanical or electrical connections;

F. For custodial work beyond the normally scheduled cleanings;

G. For the erection of platform and stands other than those usually furnished; and

H. For any other special facilities and extra services which are furnished by the city or additional staff time beyond the process of permitting the event or standard preparation of the facilities.

(Ord. 338 § 1(part), 1982; Ord. 937, 10/28/2025)

A. Refunds of fee payments may be made upon written application of the permittee, in accordance with the restrictions, rules, policies and fee schedules adopted by the City Council.

(Ord. 338 § 1(part), 1982; Ord. 937, 10/28/2025)

A. Change in reservation time for any use may be made in accordance with the restrictions, rules, and policies adopted by the City Council.

(Ord. 338 § 1(part), 1982; Ord. 937, 10/28/2025)

Payment of all fees shall be in accordance with the restrictions, rules, policies and fee schedules adopted by the City Council.

(Ord. 338 § 1(part), 1982; Ord. 937, 10/28/2025)

Fees paid by the permittee that do not cover the actual expenses of the City incurred in connection with the performance of the permitted use shall be recovered by the City in accordance with the restrictions, rules, policies and fee schedules adopted by the City Council.

(Ord. 338 § 1(part), 1982; Ord. 937, 10/28/2025)

The city manager, or designee, is authorized to classify any use of city facilities for the purpose of determining the appropriate fees to be imposed, including, but not limited to requiring certain users to pay to the city a percentage of any proceeds obtained by the user in connection with her/his use of city facilities. In the event such percentage is so collected, other fees may be waived by the city manager; provided, however, appropriate insurance requirements provided in this chapter shall in no case be waived.

(Ord. 338 § 1(part), 1982; Ord. 937, 10/28/2025)

The city manager, or designee, shall have the authority to revoke a permit or cancel any contract entered into hereunder upon finding of violation of any rule or ordinance, or upon the violation of any condition or restriction under which the permit was issued.

(Ord. 338 § 1(part), 1982; Ord. 937, 10/28/2025)

A. By his/her entering into any contract permitting his/her use of any city facility, and/or by accepting the permission granted to use any city facility, every permittee or person shall be deemed to covenant and agree to relieve and discharge the city and the officers and employees of the city from any and all liability for loss and/or injury and/or damages to any person and/or property that may be sustained by reason of the occupancy and/or use of the facilities of the city, and to save them free and harmless therefrom; and every such person or permittee shall be deemed to covenant and agree to pay for any and all damage to such facility, and damage to or loss of any other city property resulting either directly or indirectly from such occupancy and/or use of the facilities by or through the negligence and/or other acts of the permittee, his/her agents and employees, or any person or persons participating in or attending the performance, attraction, event or affair in connection with or during such use and occupancy.

B. Such permittee or person shall indemnify, hold harmless, and defend the city of Cotati, its agents, officials, employees and volunteers from any and all actions, claims, damages, costs or expenses, including attorneys' fees and witness costs, which may be asserted by any person arising out of or in connection with the permittee's or person's use or occupancy of any city facility.

(Ord. 338 § 1(part), 1982; Ord. 937, 10/28/2025)

In like manner, whenever in the opinion of the city manager, or designee, the circumstances may warrant same, a permittee shall procure, pay for and keep in force workers' compensation insurance for and on behalf of, and protecting the agents and/or employees of such permittee; provided, further, however, that whenever under the laws of the state such permittee shall be required to cover his, hers or its agents and/or employees by workers' compensation insurance, such law or laws shall be complied with, notwithstanding the exercise of or failure to exercise such discretion of the city manager with regard thereto.

(Ord. 338 § 1(part), 1982; Ord. 937, 10/28/2025)

The city manager, or designee, and other authorized representatives of the city, shall have the right to enter the city hall, and all parts thereof, and any other city facility or park, at all times during any and all uses or occupancies of such facilities.

(Ord. 338 § 1(part), 1982; Ord. 937, 10/28/2025)

The city manager, or designee, shall issue from time to time, as s/he deems necessary, rules and regulations and forms to implement the provisions of this chapter and to clarify the rules, regulations and policies adopted by the City Council. Such rules and regulations shall have the force of law, and the failure to obey the same shall be deemed a violation of the provisions of this chapter.

(Ord. 338 § 1(part), 1982; Ord. 937, 10/28/2025)