Fillmore Municipal Code Ch. 15.55 Rules and Regulations for the Use of City Facilities

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Editor's note— Ord. No. 14-841, § 1, adopted Jan. 28, 2014, retitled former Ch. 15.55 from "Rules and regulations for City Parks" to "Rules and Regulations for the Use of City Facilities." Section 2 of Ord. No. 14-841 amended the text of former Ch. 15.55 in its entirety to read as herein set out. Former Ch. 15.55 derived from Ord. No. 614, § 1, 1989; Ord. No. 632, §§ 1, 2, 1990; Ord. No. 677, § 1, 1993.

For the purposes of this chapter, the term "city facilities" includes any city-owned or maintained parks, facilities and grounds. All city facilities are subject to the following rules:

(1) City facilities and services shall be available for city-sponsored programs, other approved public use and private use.

(2) Use of city facilities shall be subject to conditions imposed to promote civic, municipal and public interests and use fees may be charged.

(Ord. No. 14-841, § 1, 1-28-2014)

City facilities will be open for general public use, subject to prior reservation, from eight a.m. to sunset, or ten p.m. in lighted facilities. No person shall use any City facility after ten p.m. or before eight a.m. except for cleanup, setup or breakdown of equipment, unless otherwise authorized by the city council or city manager.

(Ord. No. 14-841, § 1, 1-28-2014)

Reservations and permits for use of city facilities shall be obtained from the community services department. The terms of reservation will be as follows:

(a) Application. No permit shall be granted unless the application form provided by the community services department has been completed, signed by a duly authorized representative of the group seeking such use, and submitted to community services department during business hours with any applicable use fee and/or deposit(s). The application shall include:

(1) The name, address and telephone of the applicant, and if a club or organization, the name of the president or officer in charge of the organization;

(2) The particular city facility requested for use;

(3) A general description of the purpose of the activity;

(4) The applicant's agreement to defend and hold the city harmless from any liability that may arise by reason of any such use, and an agreement to reimburse the city for any loss of or physical damage to city property arising out of such use;

(5) A certificate of insurance in the minimum amount of one million dollars shall be provided by the applicant, naming the city as an additional named insured. Insurance requirements may be increased, reduced or waived by resolution of the council.

(b) Reservations of City Facilities. City facilities may be reserved for use. All applications for use must be signed by an adult who shall agree to be responsible for the use and for the reasonable care of the facility. No use permit shall be granted if, at the time of application, there is a prior reservation or a city-sponsored event scheduled to occur at the same time and place. All permits shall be available for inspection. No use permit shall be granted for any reservable field or picnic area before eight a.m. nor beyond ten p.m. unless the council deems a use outside those times to be in the best interest of the city.

Picnic areas may be reserved. Picnic areas may be used, although unreserved, on a first-come, first-served basis; however, nonreserving groups must vacate any reservable area at the time a reserving group arrives.

(c) Setup. Setup, breakdown and cleanup will be the responsibility of the permittee. When city personnel are requested or required for setup, finalized setup sheets must be submitted to the Community Services Department at least ten days prior to the event. Changes after the final setup shall be the responsibility of the permittee. Additional fees may be required to cover the cost of personnel used for setup or breakdown.

(d) Decorations. The use and placement of decorations used in any public park or city facility shall be described in the application and must meet safety standards as determined by the fire chief. Use of lighted candles or any other open or enclosed flame is prohibited unless such use is specifically approved by the fire chief and conducted according to such conditions as he/she may fix.

(e) Refund Policy. The following policies will be in effect regarding City facility use refunds:

(1) Refund of the fee and deposit actually paid, less five dollars, will be granted if the city is notified of the cancellation at least ten working days prior to the date of reservation.

(2) Refund of the fee and deposit actually paid, less twenty-five percent or five dollars, whichever is more, will be granted if the city is notified of cancellation later than ten, but earlier than three working days prior to the date of reservation.

(3) No refund shall be made if the permittee fails to cancel within three working days prior to the date of reservation or fails to use the reserved city facility without notice of cancellation.

(4) No refund shall be made in the event the permittee's use of the city facility reserved is terminated due to violation of law or of city rules, regulations and ordinances or for falsification of the application.

(f) Revocation of Permit. The city manager or his/her designee may revoke any permit previously granted and require that any use of City facilities be terminated forthwith for (1) any misrepresentation, (2) failure of condition in permit, or (3) violation of law or of any of the rules set forth in Section 15.55.040.

(Ord. No. 14-841, § 1, 1-28-2014)

Any person who, within the limits or upon any portion of the public parks or public grounds or buildings of the city or other city facility, commits any of the following acts is guilty of an infraction and subject to immediate removal from the city facility by any peace officer:

(1) Hours. Entering or remaining upon any portion of the public grounds or buildings outside of the hours specified in Section 15.55.020 without prior approval of the city council or city manager;

(2) Fires. Starting or maintaining an open fire, except in designated areas; using combustible material other than charcoal briquette in any barbecue or brazier, except on prior approval of the council;

(3) Animals. Causing or allowing any animal other than a service animal to come or remain thereon, unless upon a secure leash and under full control of some responsible person who shall remove from the City facility any feces deposited by such dog or cat;

(4) Certain Sports and Sports Equipment. Playing hardball or any other variation of the game of baseball with the exception of organized sports for youth twelve and under; operating model airplanes powered by internal combustion or rocket engines; playing or practicing golf, lawn darts or archery;

(5) Litter. Bringing or leaving glass bottles and containers; throwing, depositing or leaving any paper, bottles, cans, broken glass, garbage boxes, papers or litter at any place within the boundaries of any City facility, except in trash or appropriate recycling containers;

(6) Motorized Vehicles. Riding motorcycles or other motorized vehicles, except in designated parking areas;

(7) Parking. Parking any vehicle other than within a single designated parking space during the time and hours posted for such parking, unless approved in a City-issued permit and required as a part of setup or breakdown;

(8) Abandoned Vehicle. Abandoning or storing an inoperative vehicle, of any type, at any time, or changing oil or lubricants or repairing any vehicle within a city facility including within any designated parking areas;

(9) Vehicles. Driving a vehicle within any city facility at a speed greater than is reasonable and proper, having due regard for the traffic, surface and width of the roads, and in no event at a speed greater than the posted limits, or if not posted, at any speed in excess of fifteen miles per hour;

(10) Destruction of Area. Cutting or removing any natural features, wood, turf, grass, soil, rock, sand or gravel, or fixtures, equipment and/or improvements;

(11) Firearms. Discharging or possessing any firearms, air guns or slingshots, firecrackers, rockets, torpedoes or other fireworks, except safe-and-sane fireworks during the time such fireworks may lawfully be sold and possessed within the city;

(12) Use of Alcohol. Consuming any alcoholic beverage at any city facility other than pursuant to the specific conditions of a permit as provided in below:

Any person desiring to sell, serve or consume alcoholic beverages in any city facility where a permit is required by this subsection shall apply to the city's community services department for a special alcoholic beverage permit at the time of application for the city facility use permit as provided in Section 15.55.030. The special permit shall be issued only to persons twenty-one years of age or older. Adequate safeguards, as determined by the city, shall be provided to prohibit consumption by minors. The level of peace officer presence required will be specified on the permit and shall be at the expense of the applicant. The applicant shall also secure all such permits or licenses required by other governmental agencies including but not limited to the State of California Alcoholic Beverage Control Board;

(13) Waste Matter. Depositing or leaving any human waste in or on any city facility, except in a receptacle or plumbing fixture intended for such purpose;

(14) Re-entry After Removal. Re-entering any city facility for any reason whatever within twenty-four hours after being removed therefrom by order of any peace officer;

(15) Boisterous Conduct. Engaging in threatening, abusive, insulting or indecent language, or engaging in any disorderly or illegal conduct or behavior, including the use or sale of illegal substances tending to a breach of the peace and interfering with the enjoyment of other persons on the premises;

(16) Excessive Noise. The use of amplifying equipment or otherwise making excessive noise or amplification, from vehicles or by any other means, that has not been approved by the city. All group users of amplified sound shall have obtained a permit from the council prior to applying for reservation; and

(17) Play on Damaged Turf Area. Entering upon the turf area of any city facility during any period in which activities thereon have been suspended by the city manager or his designee for the protection of such area from extraordinary damage from use following rain or irrigation, or to allow recovery from wear.

(Ord. No. 14-841, § 1, 1-28-2014)

Individuals or groups causing damage to any building, grounds, fixtures, furniture or appurtenances or otherwise to a city facility shall reimburse the city for all costs involved in restoring the building, grounds, fixtures, furniture or appurtenances to its original condition.

(Ord. No. 14-841, § 1, 1-28-2014)