Chapter 11-3 — PERMITS

(a)

Unless subject to an exemption set forth in Section 11-307 of this chapter, no person may use, occupy or remain in a fee facility without a permit issued pursuant to this chapter.

(b)

A person may not engage in a commercial activity defined by Section 11-402 of this title in a park facility without a permit issued pursuant to this chapter.

(c)

A person may not camp in the Lafayette Community Park without a permit issued pursuant to this chapter.

(Ord. 455 § 2 (part), 1996)

(Ord. No. 596, § 6, 6-13-2011; Ord. No. 609, § 3, 7-9-2012)

(a)

A person who desires a permit shall file an application with the director on a form provided by the parks and recreation department. The information required shall include:

(1)

The name and address of the applicant;

(2)

The name and address of the person, group, organization or corporation sponsoring the activity;

(3)

The nature of the proposed activity;

(4)

The dates, hours and park facility for which the permit is desired;

(5)

An estimate of attendance; and

(6)

Other information which the director considers reasonably necessary.

(b)

A permit may not be issued for an activity which is likely to be attended by more than 100 people unless an application for the permit is received by the director at least 30 days before the date of the activity for which the permit is sought.

(c)

The permit application shall be accompanied by a fee in an amount set by city council resolution.

(d)

Each permit applicant shall be provided a copy of the regulations governing the use of park facilities.

(Ord. 455 § 2 (part), 1996)

The director shall issue a permit upon finding that:

(a)

The proposed use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;

(b)

The proposed use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;

(c)

Every condition, including, where applicable, the payment of fees, approval of the parks and recreation department, and insurance coverage, and applicable requirements are met;

(d)

The proposed use is not reasonably anticipated to incite violence, crime or disorderly conduct;

(e)

The proposed use will not incur unusual, extraordinary, or burdensome expense or security operation by the department;

(f)

The facility is not reserved for other use; and

(g)

The applicant agrees to comply with the conditions of approval imposed by the permit.

(Ord. 455 § 2 (part), 1996)

(a)

Conditions. The director may impose as a condition to the issuance of a permit requirements considered necessary for the protection, health and safety of persons or property or both in light of the nature of the activity for which the permit is sought and the number of persons likely to be in attendance.

(b)

Indemnification. The director may require an applicant to enter into an agreement with the city to indemnify and hold the city harmless from all injuries and damage resulting from the permitted use.

(c)

Insurance. The director may require an applicant to provide insurance adequate to cover potential loss due to injury or damage arising out of the permitted event. If insurance is required a copy of the policy or certificate of insurance, along with necessary endorsement, must be provided to the director not less than ten days before the date of the event.

(1)

The coverage shall be a comprehensive general liability insurance policy. The minimum limits of the policy shall be $1,000,000.00 for any one occurrence and $500,000.00 with regard to property damage for any one occurrence. The insurance shall be primary insurance without the right of contribution from a city insurance policy. The permittee shall designate on the policy or by endorsement as additional insureds the city, its officers, employees and agents.

(2)

If food or alcoholic beverages or nonalcoholic beverages are sold or served at the event, the policy must include an endorsement for product liability.

(d)

Bond for Security Costs. Where necessary for the protection of public property, the director may require that the permittee provide either city approved private security or a bond or a cash deposit sufficient to

cover the actual costs for police security and damage to city property. The actual cost is computed by determining the number of additional police officers that will be required for the event, the number of hours the officers will be on duty for the event, and the city's cost of providing officers on an hourly basis.

(Ord. 455 § 2 (part), 1996)

(a)

A person who uses a fee facility without a permit or a posted picnic area or park facility which has been reserved for exclusive use, shall vacate the area when the holder of a permit arrives on the site.

(b)

A person using or requesting use of a facility on a regular basis must obtain a permit.

(Ord. 455 § 2 (part), 1996)

A person who claims to have a permit for use of a park facility shall produce and exhibit copy of it upon the request of a department employee or police officer.

(Ord. 455 § 2 (part), 1996)

A maximum of four people may use, occupy, or remain in a sports field that is not otherwise being used or occupied by a person or group with a permit issued pursuant to this chapter, without a permit, provided such use or occupancy is not intended to and does not occur on a recurring basis and is not a commercial activity, as defined by Section 11-402 of this title.

(Ord. No. 596, § 7, 6-13-2011; Ord. No. 609, § 4, 7-9-2012)