Merced Municipal Code Ch. 14.08 Park—exclusive Use Permits

Footnotes:

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Editor's note— Section 2 of Ord. No. 2341A, adopted Sept. 21, 2009, amended Ch. 14.08 in its entirety to read as herein set out. Former Ch. 14.08 pertained to the same subject matter and derived from prior code § 18.9(a)—(f); and Ord. No. 1321, adopted 1980.

A permit shall be obtained from the director of parks and community services for exclusive use of any park facility or area designated for such use by the city council.

(Ord. No. 2341A, § 2, 9-21-2009)

A. The following activities require an exclusive use permit in order to be conducted in or upon any city park:

1. The use of a bounce house or similar apparatus;

2. Exclusive use of a covered area within any city park;

3. Organized sports leagues or tournament play.

B. In addition to obtaining an exclusive use permit, the applicant shall be required to comply with all rules and regulations for such use, and enter into any agreement for such use, as established by the city manager or his or her designee.

(Ord. No. 2341A, § 2, 9-21-2009)

A person seeking issuance of an exclusive use permit as described in Section 14.08.010 shall file an application with the director of parks and community services. The application shall state:

A. The name and address of the applicant;

B. The name and address of the person, persons, corporation or association sponsoring the activity, if any;

C. The day and hours for which the exclusive use permit is desired;

D. The park or portion thereof for which such permission is desired;

E. An estimate of anticipated attendance;

F. Any other information which the director of parks and community services finds reasonably necessary to a fair determination as to whether an exclusive use permit should be issued;

G. Whether or not a system for amplifying sound is proposed to be used and the purpose or purposes for which it shall be used.

(Ord. No. 2341A, § 2, 9-21-2009)

A. The director of parks and community services shall issue an exclusive use permit as described in Section 14.08.010 when he/she finds:

1. That the requested area of the park is available during the period for which the exclusive use permit is requested;

2. That the expected attendance does not exceed the capacity established for the area of the park requested;

3. That the use for which the exclusive use permit is sought complies with the use established for the area of the park requested;

4. That the applicant has met any time limit set by regulation for reserving the area of the park requested;

5. That if a system for amplifying sound is to be used, the use thereof will not interfere with or detract unreasonably from the general public enjoyment of the park or surrounding area;

6. That the proposed activity is not, in the judgment of the chief of police, of a size or nature that would require the diversion of so great a number of police officers as to jeopardize the provision of police protection to the remainder of the city; or provisions have been made by the permittee for the cost of additional police officers needed to preserve order during the exclusive use;

7. That the user fee as set by resolution of the city council has been paid;

8. That a cash deposit in the amount of one hundred dollars ($100.00) to cover the cost of any cleanup or damage has been filed.

B. For the purposes of subsections 2 and 3 above, the established uses and capacities for the several parks and areas of parks subject to exclusive use shall be those approved from time to time by the city council.

(Ord. No. 2341A, § 2, 9-21-2009)

A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were incorporated into the exclusive use permits.

(Ord. No. 2341A, § 2, 9-21-2009)

A. Failure to comply with any law, rule, or regulation applicable to the park shall be grounds to revoke the exclusive use permit and, in such circumstances, the police department or parks and community services department shall immediately revoke the exclusive use permit. The applicant or permit holder in such case shall have the right to appeal said revocation to the city council at its next meeting.

B. Any person who continues the activity after the revocation of the exclusive use permit shall be guilty of a misdemeanor and upon conviction thereof, shall be punished in accordance with the provisions of Chapter 1.12 of this code.

(Ord. No. 2341A, § 2, 9-21-2009)

Any person who carries on an activity without obtaining the exclusive use permit required by Section 14.08.010 or Section 14.08.015 of this code, shall be guilty of an infraction and upon conviction thereof, shall be punished in accordance with the provisions of Chapter 1.12 of this code.

(Ord. No. 2341A, § 2, 9-21-2009)