Exeter Municipal Code Art. 2 Park Reservation and Permits

A. Park and recreation facilities are open to the public generally, however, certain areas or spaces within city parks and recreation facilities, as designated by the city administrator or designee (hereinafter referred to in this chapter as "designated areas," may be made available by reservation for exclusive use by persons and groups subject to issuance of a permit and payment of applicable fees. Any designated areas within city parks and recreation facilities may be used by the public on a first come, first served basis; however, those designated areas must be vacated at the time permitted persons or groups arrive.

B. A permit is required for such designated areas within the boundaries of any public park/recreation area where any person or group seeks to:

1. Reserve a designated area for the purpose of a private gathering or private event.

2. Reserve a designated area for the purpose of a private gathering or private event that includes the possession and consumption of alcoholic beverages.

3. Reserve a designated area to hold a play, performance, sporting event, or organized practice which would infringe on the typical use or capacity of a designated area.

4. Reserve a designated area for the purpose of a private gathering or private event that includes the utilization of temporary, portable amenities, including but not limited to such things as inflatable play structures or temporary staging.

5. Utilize sound amplifying equipment in excess of the limits set forth in Section 11.01.180.

6. Utilize any park and recreation facilities for any activities involving a group event or coordinated gathering of fifty or more persons, except as provided by subsection C. below.

7. Engage in any other activity that would otherwise infringe on or impede the typical use and capacity of a designated area or otherwise hinder, threaten or impede the public health and safety of the public use of park or recreation facilities.

C. Special and/or community events, as defined in Chapter 5.48, conducted in parks, open space, trails, or recreation areas shall require review and approval in accordance with the requirements of Chapter 5.48.

(Ord. No. 697, §1, 7-27-2021)

A. The city administrator or designee shall reserve the right to grant or deny all applications for the use of designated areas within city parks or recreation facilities. All applications for such use shall be signed by an adult eighteen years of age or older who shall be responsible for compliance with the terms of the permit. Permits where the proposed use includes the possession and consumption of alcoholic beverages must be made in person by an adult twenty-one years of age or older.

B. Requests for use shall be made a minimum of three days prior to the date of requested use. Applications may be modified up until one business day prior to the date of the requested use.

C. The application for a permit shall include, but not be limited to, the following information:

1. Name of the applicant, the sponsoring organization(s), and name of the person in charge of the proposed activity.

2. Address and telephone number of applicant(s).

3. Park or building being applied for and the area involved.

4. Starting and finishing times of the proposed activity, and number of persons expected.

5. Nature of the proposed activity or activities, proposed site plan depicting the proposed layout for the event and locations for any equipment or temporary structures that may be brought into the park, duration of the event, and a description of the nature of the use of any sound amplifying equipment.

6. Notice of requirement of certificate of co-insurance for public liability, in the form of attachment to application, if required. All commercial owners, operators, and vendors of temporary portable amenities identified in Section 11.01.020B.4. utilized within park and recreation facilities shall comply with the following:

a. Maintain liability insurance covering bodily and property injury in the minimum amount specified by the city and name the city and its officials, agents and employees as an additional insureds on the liability insurance policy;

b. Submit to city prior to issuance of a permit a certificate of insurance naming city and its officials, agents and employees as additional insureds and stating that the insurance coverage will not be modified or canceled without prior written notice to the city; and

c. Provide to city evidence of a current city-issued business license.

D. Denial of an application shall be based on the following criteria:

1. When there is a conflict with a prior reservation, or a building or a park with the required capacity for the proposed activity is not available.

2. Refusal by an applicant to agree in writing to conditions of the permit.

3. Failure of an applicant to file an application in sufficient time for administrative review.

4. Failure to agree to provide personnel determined by the city to be necessary to properly police and protect the activity and other users of the facility or area due to the size or nature of proposed activity.

5. The filing of more than one application for the same facility at the same time. Under these circumstances, the city administrator or designee will give consideration to the application first completed.

6. When usage of facility may damage, destroy, or detract from the city park or recreation facility and/or cause harm, injury, discomfort or displeasure to the other persons in or near the park or recreation facility.

7. Record of applicant or event not complying with regulations of this chapter.

E. An applicant may appeal a decision to deny an application for a permit to utilize park and recreation facilities. The applicant must file such appeal with the city administrator within ten days of the denial for a final determination, which shall be forthcoming within fifteen days from the date the appeal is filed with the city administrator.

F. Fees and deposits may be levied to offset city expenses incurred in providing services associated with or that otherwise may be required pursuant to the issuance of a permit. Basic rates for use of facilities are established by resolution adopted by the city council and are subject to change by the city council.

G. All persons to whom a permit is granted must agree in writing to hold the city harmless and indemnify the city, to the fullest extent permitted by law, from any and all liability for injury to persons or property occurring as the result of the activity sponsored by permittee, and said persons shall be liable to the city for any and all damages to parks, equipment and buildings owned or controlled by the city which result from the activity or permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his own risk without liability on the part of the city for any injury to persons or property resulting therefrom.

H. Permit may be revoked if any terms or conditions of the permit are violated by the permittee or any agent or employee of the permittee. Said permit may be revoked by the city administrator or designee with or without notice to the persons to whom the permit was issued, consistent with the requirements of this Code.

(Ord. No. 697, §1, 7-27-2021)