Hawthorne Municipal Code Ch. 2.24 Park and Recreation Buildings

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Amplified sound"

means speech or music projected or transmitted by electronic equipment including amplifiers, loudspeakers, microphones, bullhorns or similar devices or combinations of devices which are intended to increase the volume, range, distance or intensity of speech or music and are powered by electricity, battery or combustible fuel.

"Buildings"

includes those buildings, or any portion thereof, under the supervision of the department of parks and recreation of the city.

"Parks,"

as used herein, includes all grounds, roadways, avenues, parks and other areas either owned or possessed by the city, whether it is in fee simple, leasehold or dedication, or any part, portion or area thereof.

"Permit"

means a permit for use of parks or buildings as provided for and defined in this chapter.

"Persons"

includes persons, associations, partnerships, firms or corporations.

"Security officer"

includes any off-duty police officer and state licensed private security officer.

(Prior code § 2-513; Ord. 1092 § 1, 1974; Ord. 1583 § 6, 1995)

No person shall enter, be or remain in any park or building of the city unless he or she complies with this code and regulations promulgated hereunder.

(Prior code § 2-514; Ord. 1092 § 1, 1974)

No use of any park for organized assemblies consisting of twenty-five or more persons may be made without the issuance of a permit therefor, except that food truck gatherings, as defined in Section 9.39.155 of this code, shall be governed by Chapter 9.39 rather than this chapter. All applications for use of any park must be signed or co-signed by an adult, which adult shall agree to be responsible for said use. No permit will be granted, if, prior to the time the application was filed, the city has scheduled a city-sponsored event at the same time and place as the activity proposed in the application.

No permit shall be granted for a park for any assembly or assembly activity involving more than one hundred fifty participants during any part of the time between one hour before sunset and one hour after sunrise. Memorial Center Building capacity is covered under parks and recreation department policies.

(Prior code § 2-515; Ord. 1092 § 1, 1974; Ord. 2006 § 1, 2011)

Any person applying for a park permit hereunder shall file an application for such permit with the parks and recreation director not less than twenty days nor more than ninety days prior to the proposed use of said park. The parks and recreation director may waive the twenty-day period at his or her discretion and upon such conditions as he or she may determine.

(Prior code § 2-516; Ord. 1092 § 1, 1974)

The application shall contain the following:

A. Name of each applicant, sponsoring organization and the person or persons who are in charge of or responsible for the proposed activity;

B. The business and residence address and telephone numbers of each person and entity named in subsection A;

C. The parking being applied for;

D. The starting time of the proposed activity;

E. The finishing time of the proposed activity;

F. The number of persons expected;

G. Additional city facilities required such as personnel, tables, chairs, etc.;

H. The nature of the proposed activity or activities including equipment and vehicles to be brought into the park, nature and duration for the use of such equipment, nature and duration of the use of any amplified sound, whether speech or music.

(Prior code § 2-517; Ord. 1092 § 1, 1974)

A. The parks and recreation director shall grant or deny such application on or before four working days after the filing of the application unless the time for such granting or denial of the permit has been waived by the applicant in writing. The decision granting or denying said application shall be mailed to the applicant by registered mail.

B. The parks and recreation director shall grant the application when it complies with the standards and guidelines adopted by the parks and recreation commission and approved by the city council, and upon granting any permit may impose reasonable requirements and conditions concerning the use of the park by applicant based upon said standards and guidelines. The parks and recreation director shall deny any application upon recommendation in writing of the chief of police that the size and activity of the expected crowd will draw from other areas of the city excessive police personnel for crowd control that other areas of the city will be left unprotected. The parks and recreation director shall require a one-hour training program to be conducted by the chief of police or designee for any crowd control monitors that might be needed at a reasonable time and place prior to the proposed activity, which time and place shall be set by the parks and recreation director or designee. The applicant shall, within two days of the receipt of the parks and recreation director's decision, supply to the director a list of the proposed crowd control monitors, including their names, addresses and telephone numbers. The applicant may, at his or her option, provide duly licensed private patrollers instead of crowd control monitors in the numbers approved by the parks and recreation director and the chief of police. In the event that the applicant provides duly licensed private patrollers, no training session will be required.

C. The parks and recreation director may grant that application for a park other than that applied for with the consent of the applicant in the event that a permit has already been issued for said park or said park does not meet the needs of the applicant or is otherwise unsuitable because of the standards set forth in Section 2.24.030. In the event that more than one application is received for one park for use on the same day, the parks and recreation director shall first act upon the application first received.

D. The parks and recreation director shall deny the application if he finds that any of the following conditions exist:

1. That the application reveals that the city has no park which will accommodate the activity of applicant pursuant to the standards and guidelines set forth in Section 2.24.030;

2. That the proposed activity is of a size or nature that requires the diversion of so great a number of police officers of the city to properly police the areas, as to hinder police protection to the city;

3. That the applicant has failed to agree to provide a reasonable means of informing all of the persons participating in the proposed activity of the terms and conditions of such permit;

4. That the applicant refuses to agree in writing to comply with all conditions in the permit;

5. That the applicant failed to file a timely application, unless waived by the parks and recreation director, and applicant waives all right of appeal. Such denial shall specify the grounds therefor.

(Prior code § 2-518; Ord. 1092 § 1, 1974)

Any person applying for permit to use a building hereunder shall file an application for such use permit to the parks and recreation director not less than twenty nor more than ninety days prior to the proposed use of said building. The parks and recreation director may waive the twenty-day period if applicant waives all rights of appeal.

(Prior code § 2-519; Ord. 1092 § 1, 1974)

The application shall contain the following:

A. Name of each applicant, sponsoring organization and the person or persons who are in charge of or responsible for the proposed activity;

B. The business and residence address and telephone numbers of each person and entity named in subsection A;

C. The room or building applied for;

D. The starting time of the proposed activity;

E. The finishing time of the proposed activity;

F. The number of persons expected to attend the activity;

G. Additional city facilities requested such as personnel, tables, chairs, etc.;

H. Nature of the proposed activity or activities, including equipment to be brought into the building and the nature and duration of the use of such equipment.

(Prior code § 2-520; Ord. 1092 § 1, 1974)

A. The parks and recreation director shall grant or deny such application on or before four working days after the filing of the application unless the time for such granting or denial of the permit has been waived by the applicant in writing. The decision granting or denying such application shall be mailed to applicant by registered mail.

B. The parks and recreation director shall grant the application when the application contains information showing that the number of persons expected at the activity complies with the occupancy load of the building as determined by the applicable provisions of Section 2.24.100, and upon granting such permit may impose reasonable requirements and conditions concerning the use of said building with respect to time and duration of use and number of persons allowed in the building.

C. The parks and recreation director shall require security officers when an applicant will serve alcohol at the Hawthorne Memorial Center. The required number of security officers shall be as follows:

0 to 500 attendees - Two security officers;

500 or more attendees - Four security officers.

The applicant shall provide to the director of parks and recreation at the time of the filing of the application a listing of security officers, including their names, addresses and telephone numbers, as well as a description of the proposed security arrangements. Any security officer and the security arrangements must be approved by the chief of police, who shall make his determination not later than fourteen days prior to the date of the use of the Memorial Center.

D. The parks and recreation director may grant the application for a building other than that applied for with the consent of the applicant in the event that a permit has already been issued for said building or that the building does not meet the occupancy load requirements. In the event that more than one application is received for one building for use at the same time, the parks and recreation director shall first act upon the application first received.

E. The parks and recreation director shall deny the application if he finds that any of the following conditions exist:

1. That no building with the required occupancy load capacity is available;

2. That the applicant refuses to agree in writing to comply with the conditions in the permit;

3. That the applicant fails to file a timely application, unless waived by the parks and recreation director;

4. That the applicant fails to obtain the approval of the chief of police regarding private security officers or security arrangements as required under subsection C of this section.

Such denial shall specify the grounds therefor.

(Prior code § 2-521; Ord. 1092 § 1, 1974; Ord. 1583 §§ 1 - 5, 1995)

The limitations and facilities for the city's parks are as set forth in the following schedule:

(Prior code § 2-522; Ord. 1092 § 1, 1974)

Upon the granting of a permit under this chapter, the amounts of any fees or deposits required for the use of city personnel, buildings, equipment and facilities shall be contained in said permit and said fees or deposits shall be paid by applicant within ten days of the receipt of said permit. If said fees or deposits are not paid within said days, the permit theretofore issued shall be null and void. Fees and charges required shall be as stated in the Hawthorne municipal fee schedule. Fees for special equipment and/or personnel unknown at the time of application will be billed after the activity when computation thereof is accomplished.

(Prior code § 2-523; Ord. 1092 § 1, 1974)

The following groups and/or sponsored events will be granted a fee and deposit exemption for use of Memorial Center Facilities:

A. City of Hawthorne activities and/or activities sponsored by the city of Hawthorne, including, but not limited to: (1) recreational classes/programs; (2) city department meetings; (3) community-wide social events sponsored by the city or the city council; and (4) Meetings conducted by the federal government, state of California (including state assembly person or senator), county of Los Angeles, or other government agency, as long as those events affect the residents and citizens of the city of Hawthorne and are open to the public.

Notwithstanding the above fee and deposit exemption, permittee shall obtain commercial general liability insurance ("CGL") with a limit of not less than one million dollars each. Each commercial general liability policy shall be with insurers passing a Best's rating of no less than A-:VII. The general liability policy shall contain, or be endorsed to contain, the following provisions:

B. The city manager shall prepare a quarterly report to the city council of any government entity that is provided a fee and deposit exemption for a permit to use park facilities. The report shall include whether the city incurred any increased costs (staffing or otherwise) which is above and beyond the amount budgeted, e.g., if any employee is required to work overtime to supervise either the government or city sponsored event.

(Ord. 1924 § 1, 2009)

The following nonprofit groups may be exempt from the fee and deposit requirement for use of park facilities if the following criteria are met:

A. "Nonprofit organization" which is defined as any nonprofit association or corporation organized exclusively for veterans, social welfare, civic league, religious or charitable purposes. In order to qualify as a nonprofit entitled to the fee exemption, the organization must show all of the following: (1) present documents showing that it has been issued a determination of exempt status by the Franchise Tax Board as required under Sections 23701d, 23701f, or 23701w of the Revenue and Taxation Code of the state of California or a group which is a local chapter of a recognized national organization having such a tax exempt status; (2) the nonprofit organization must submit a copy of its by-laws and a current financial statement; and (3) the event sponsored by the nonprofit organization must be exclusively to benefit the senior citizens or the low income families or households in the city of Hawthorne.

Notwithstanding the above fee reduction and deposit reduction, permittee shall obtain commercial general liability insurance (CGL) with a limit of not less than one million dollars each. Each commercial general liability policy shall be with insurers passing a Best's rating of no less than A:VII. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

B. The city manager shall prepare a quarterly report to the city council of any nonprofit group that is exempt from the fee and deposit requirement for a permit to use park facilities. The report shall include whether the city incurred any increased costs (staffing or otherwise) which is above and beyond the amount budgeted, e.g., if any employee is required to work overtime to supervise either the government or city sponsored event.

(Ord. 1924 § 2, 2009)

All persons to whom a permit has been granted must agree in writing to hold the city harmless and indemnify city from any and all liability for injury to persons or property occurring as a result of the activity sponsored by permittee, and said person shall be liable to the city for any and all damage to parks, facilities and buildings owned by city, which results from the activity of permittee or is caused by any participant in said activity. A certificate of liability insurance, in the amount of five hundred thousand dollars combined single limit shall be presented and filed upon payment of the fees. Said certificate shall name the city as additional insured and may be canceled only after ten days' written notice to the city. Said documents shall be approved by the city attorney as a condition of granting of the permit.

(Prior code § 2-524; Ord. 1092 § 1, 1974)

No permit shall be issued authorizing the use of any park or building hereof where the activity proposed is to be held for the purpose of advertising or sale of any product, goods, wares merchandise, services or event that is to be held purely for private profit.

(Prior code § 2-525; Ord. 1092 § 1, 1974)

Violation of any of the terms and conditions of the permit by the permittee, or any agent, servant or employee of the permittee, wherever appropriate, is a misdemeanor.

(Prior code § 2-526; Ord. 1092 § 1, 1974)

No person shall do any of the following acts on or in a public recreational facility belonging to the city:

A. Refuse or fail to surrender the possession and use of any such recreational facility to any person or organization who displays a city permit or reservation for the use thereof;

B. Intentionally disturb or interfere with any organization or person with a permit or reservation who is occupying or using any such facility;

C. Fail or refuse to comply with any rule for use of such facility posted by the city or any law applicable to the recreational activity being conducted thereon.

(Ord. 1287 § 1, 1983)

Amplified sound exceeding twenty-five watts total output from all channels of equipment used therefor is prohibited in any of the city's parks.

(Prior code § 2-527; Ord. 1092 § 1, 1974)

No person shall play or practice golf or use golf clubs in any area of a park not designated for such use, unless as part of a city-sponsored or co-sponsored program.

(Prior code § 2-528; Ord. 1092 § 1, 1974)

No person shall operate any motor-driven model airplane in a park, except in areas designated for such use.

(Prior code § 2-529; Ord. 1092 § 1, 1974)

No person shall operate or park any vehicle as defined in the California Vehicle Code within a park, except upon areas designated for such use.

(Prior code § 2-530; Ord. 1092 § 1, 1974)

No person shall operate, drive or ride upon any bicycle, unicycle, horse or any other animal in any park except in areas designated and posted specifically for such use.

(Prior code § 2-531; Ord. 1092 § 1, 1974)

No person shall engage in any activity in any park contrary to the standards and guidelines set forth in Section 2.24.030 and in accordance with such rules and regulations promulgated by the parks and recreation commission as approved by the city council.

(Prior code § 2-532; Ord. 1092 § 1, 1974)

No person shall take, seize, molest, injure or hunt any bird, reptile or animal in any park. No dogs or other animals shall be allowed in any park or building, or portion thereof, where signs prohibiting the same are posted.

(Prior code § 2-533; Ord. 1092 § 1, 1974)

No person other than a duly authorized city employee in the performance of his duty shall:

A. Cut, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property in a park;

B. Mark or place thereon any mark, writing or printing;

C. Attach thereto any sign, card, display or other similar device, except as authorized by permit.

(Prior code § 2-534; Ord. 1092 § 1, 1974)

No person shall light or maintain any fire in any park unless such fire is lighted and maintained only in a stove or fire circle or place provided for such purpose.

(Prior code § 2-535; Ord. 1092 § 1, 1974)

In the event that a charitable solicitation, collection or gratuity is involved, or food, beverages or other merchandise is to be sold, all applicable requirements of law shall be complied with prior to issuance of a permit under this chapter.

(Prior code § 2-536; Ord. 1092 § 1, 1974)

No person shall remain in any park or building between nine p.m. and six a.m. other than a city employee in the performance of his or her duty or persons participating in city-sponsored or city-permitted activities. Closing time for the Memorial Building shall be one a.m. with all activities to cease at midnight, unless authorized in advance by the director of parks and recreation. An extension of one hour maximum may be authorized in advance for city-sponsored or city-permitted activities, or for other specific activities.

(Ord. 1657 § 2, 1998)