Lodi Municipal Code Art. II General Rules

The following activities are prohibited in all recreational areas unless a park permit from the director is issued:

A. Any event in which twenty-five or more people are taking part, or any event that is advertised to the public.

B. An assembly for the collective participation in, or preparation for, a game, practice, scrimmage, or clinic, for an organized league, affiliation, team or club.

C. Any event conducted by a business, its employees or agents.

D. Commercial activity as defined in Section 12.12.060, with the exception of vending activity pursuant to Chapter 9.19 of this code.

(Ord. No. 1960, § 4, 11-7-2018; Ord. No. 1654, § 2, 7-18-2018)

A. A person who desires a park permit shall file an application with the Director on a form provided by the Department. Priority for reserved use of Athletic Fields shall be given to City of Lodi residents and groups. The information required in a park permit application shall include:

1. The identification of the applicant;

2. The name, address and phone number of the person, group, organization or corporation sponsoring the activity;

3. The nature of the proposed activity;

4. The dates, hours, and Recreational Area for which the permit is desired;

5. An estimate of attendance;

6. Assurance of responsibility for cleaning the Recreational Area, if required;

7. Identification, address and telephone number(s) of the security personnel applicant will provide, if required, and

8. Other information which the Director considers reasonably necessary to evaluate the application.

B. A park 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 thirty days before the date of the proposed activity for which the permit is sought. The Director may waive the thirty-day period rule proposed if the applicant waives the right to appeal denial.

C. The park permit application shall be accompanied by a fee in an amount set by city council resolution, as amended from time to time. The Director, in his or her sole discretion, may waive or reduce the fee.

D. Each park permit applicant shall be provided a copy of the regulations governing the use of Recreational Areas.

E. The Director may impose as a condition to the issuance of a park 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.

F. 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.

G. Insurance. The Director may require an applicant to provide the city with proof of insurance prior to using the Recreational Area. Type of insurance and minimum amounts of coverage will be set by the City's Risk Manager.

H. 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 potential 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 fully burdened cost of providing officers on an hourly basis.

I. No alcoholic beverages shall be sold, given away or dispensed at any Recreational Area without prior written consent of the Director, and with the understanding that the applicant must also apply to the California Alcoholic Beverage Control Department for additional permits as required by State law.

J. Any youth group making an application for the use of any Recreational Area must be a group with a constitution and/or bylaws, which meets regularly, has a slate of officers, and has an advisory adult leader who will take the responsibility to sign the application. The adult leader would assume responsibility for damage to Recreational Area amenities, as well as the deportment of the group while they are using the Recreational Area. Minors are to be under the supervision of a responsible adult at all times during the use of the facility. Any exceptions can be made at the discretion of the Director when applicable

K. The fees established under this chapter shall be paid seven days in advance of the use of any Recreational Area, with the exception of Hutchins Street Square. Fees for use of Hutchins Street Square shall be paid ninety (90) days in advance. No reservation for any Recreational Area will be considered complete until payment of the appropriate fee(s).

(Ord. No. 1654, § 2, 7-18-2018)

A. The Director shall issue a park permit upon finding that:

1. The proposed use of the Recreational Area will not unreasonably interfere with or detract from the general public enjoyment of the Recreational Area;

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

3. Every condition, including, where applicable, the payment of fees, approval of the Department, proof of insurance coverage, and applicable requirements under this Chapter are met;

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

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

6. The Recreational Area is not reserved for other use;

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

B. The Director shall deny the application if the Director finds that any of the following conditions exist:

1. That the application reveals that the city has no Recreational Area that will accommodate the activity of the applicant;

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, as to hinder police protection to the city as a whole;

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

4. That the applicant failed to file a timely, complete application;

5. That the proposed activity violates federal, State or local laws or regulations;

6. In the case of a park permit for a Commercial Activity, a park permit for a Commercial Activity has been issued for the same date and times in the same recreational area; or

7. The proposed activity is not allowed under Section 12.12.060.

C. Any denial of an application for park permit shall specify the grounds therefor. Any person or entity whose application has been denied by the Director may appeal the denial to the City Manager, pursuant to the procedure as set forth in this chapter.

(Ord. No. 1654, § 2, 7-18-2018)

No person shall use any Recreational Area when payment of a fee is required, until a permit for such use has been issued by the Department and all necessary fees paid.

(Ord. No. 1654, § 2, 7-18-2018)

If the Director determines that a contract for the use of the premises is required, the Director shall furnish a form of contract to the applicant for execution, which shall thereafter be submitted to the city attorney for approval. The city manager is authorized and directed to execute such approved contract for and on behalf of the city.

(Ord. No. 1654, § 2, 7-18-2018)

The City Manager may review any determination of the Director in regard to such applications, permits or contracts required by this Chapter.

(Ord. No. 1654, § 2, 7-18-2018)

No person shall apply for a permit to use any of premises under this chapter for any purpose with the intent to defraud the city of any fee or fees.

(Ord. No. 1654, § 2, 7-18-2018)

A. 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. The user of any Recreational Area may be required to indemnify or hold harmless the city, its officers, directors or employees from any loss, liability or damage arising out of, as the result of, or in connection with the use of the Recreational Area, equipment or services of the city, its officers or employees, including all costs of defending any claim arising as a result thereof. In such case, the applicant shall present the city with evidence of a policy of insurance, effective throughout the period of use, in an amount and fashion as determined by the City's Risk Manager.

B. Policies of insurance shall not be cancellable without fifteen days' prior written notice to the city, and shall name city as an additional insured.

C. Evidence of products liability coverage may be required in an amount not less than one hundred thousand dollars.

D. The person or persons to whom a park permit is issued shall be liable for any loss, damage or injury sustained to any person whatever by reasons of the negligence of the person or persons to whom such permit has been issued.

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

(Ord. No. 1654, § 2, 7-18-2018)

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 park permit arrives on the site.

(Ord. No. 1654, § 2, 7-18-2018)

A person who claims to have a park permit for use of a Recreational Area shall produce and exhibit a copy of the permit upon the request of a Department employee, code enforcement officer or city police officer.

(Ord. No. 1654, § 2, 7-18-2018)

A maximum of 24 people may use, occupy, or remain in an unfenced Athletic Field that is not otherwise being used or occupied by a person or group with a park 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 (defined as two (2) or more times per month), and is not a Commercial Activity.

(Ord. No. 1654, § 2, 7-18-2018)

Any person or entity may appeal the decision of the Director to the city manager. The applicant must file said appeal with the city clerk within five calendar days of the Director's decision. The city manager or designee, shall hold a hearing within twenty-one business days of the filing of the appeal, at which time the Director may present any and all evidence, testimony and information relevant to the denial or exclusion from the premises. The city manager shall, within five business days of the appeal hearing, issue a decision either affirming the denial of the application or exclusion of the activity by the Director, or directing the Director to issue the requested permit or allowing the activity at issue. The decision of the city manager is final and not subject to further appeal.

(Ord. No. 1654, § 2, 7-18-2018)

The Director may establish and post regulations governing the use of the Recreational Areas which are not inconsistent with regulations contained in this chapter and which promote the public health, safety, and the preservation of City property.

(Ord. No. 1654, § 2, 7-18-2018)

The Director shall have the authority to revoke a park permit upon a finding of a violation of any rule, regulation or ordinance, or upon good cause shown.

(Ord. No. 1654, § 2, 7-18-2018)

The permittee or applicant shall have a copy of the park permit in his/her possession and shall produce same upon request made by any Department employee, code enforcement officer or city police officer.

(Ord. No. 1654, § 2, 7-18-2018)

Any person who violates any provision of this chapter is guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not exceeding the maximum prescribed by law.

(Ord. No. 1654, § 2, 7-18-2018)