Mission Viejo Municipal Code Ch. 13.02 Operational Policies

Footnotes:

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Editor's note— Ord. No. 04-222, adopted March 1, 2004, amended ch. 13.02 in its entirety and enacted similar provisions as set out herein. The former ch. 13.02 derived from Ord. No. 88-16, §;s 2(13.02.010)—2(13.02.160), adopted Aug. 8, 1988.

(a) The city council of the city finds that:

(1) The city has developed an outstanding park and recreation system for its residents.

(2) Groups and individuals may be denied access to the parks and recreational facilities and recreational programs as a result of their extreme popularity.

(b) Based on these findings, the city shall provide priority to residents of Mission Viejo in the use of park and recreational facilities and recreational programs, as set forth in this chapter, in order to allow residents the use of their popular park and recreational facilities.

(c) Any and all individuals using the park and recreational system pursuant to the rules and regulations of this chapter shall be provided equal opportunity for use of any recreational facility and any recreational program without regard to physical limitation, age, race, color, national origin, religion, political beliefs or sex.

(Ord. No. 04-222, 3-1-04)

(a) Reserved use (defined as exclusive, permitted use for one or more occasions) of community, neighborhood and other recreational facilities shall require obtaining a use permit in a form established by the city. Permits shall be approved, conditionally approved or denied by the director of recreation and community services department ("director") or his or her designee in accordance with this section.

(b) In determining whether or not to issue a permit, the director shall consider the following and any other factors deemed relevant:

(1) The suitability of the particular facility for the proposed activity.

(2) The effect of the proposed activity on the neighborhood surrounding the facility.

(3) The limitation on the availability of the facility for spontaneous recreational use or nonreserved uses by the public caused by the reserved use of the facility.

(4) Priority shall be given to groups composed of residents of the city, as defined by the council resolution establishing user group categories.

(c) The director may place such reasonable conditions on the issuance of a permit as he deems necessary and proper to protect the public welfare and the facility including, but not limited to:

(1) Restrictions on the number and other designations of persons who may participate in such permitted activities.

(2) Restrictions on the days of the week and the time of day that the particular facility may be used by the permittee.

(3) Provisions for maintenance by the permittee of the sanitation, cleanliness, and appearance of the facility. At times, portable restrooms may be required for special events.

(4) All applicable fees shall be paid prior to use, unless other payment arrangements have been authorized.

(5) A certificate of insurance, naming the city as the additional insured, must be on file at the city prior to any contract or permits being approved. This shall not apply for infrequent use.

(d) The director may revoke or suspend a permit upon finding:

(1) The permittee has violated one or more applicable conditions of approval of the permit or

(2) The information supplied to the city as part of the application for the permit is incorrect or

(3) Other good cause.

(Ord. No. 04-222, 3-1-04)

(a) No person shall participate in any organized play on any park, soccer field, baseball field, softball field, pool or other recreational facility owned, operated or controlled by the city without first receiving a permit which is issued by the recreation and community services department and which authorize the organized play at the particular site.

(b) The term organized play as used in this section shall mean six persons or more engaging in a team sport athletic contest, such as, but not limited to, soccer, lacrosse, baseball, softball, football, basketball, volleyball, running swimming or training. This shall not apply for infrequent use.

(c) In determining whether or not to issue a permit, the director, or designee of the recreation and community services department shall consider the following and any other factors he deems relevant:

(1) The suitability of the particular facility for the proposed play.

(2) The effect of the activity on the neighborhood.

(3) The limitation on the availability of the facility for spontaneous recreational use by the public caused by the permitted use of the facility.

(4) Priority shall be given to groups composed of residents of the city, as defined by the council resolution establishing user group categories.

(d) The director, or designee, of the recreation and community services department may place such reasonable conditions on the issuance of a permit as he deems necessary and proper to protect the public welfare, including but not limited to:

(1) Restrictions on the number, age and other designations of persons who may participate in such permitted play.

(2) Restrictions on the season, days of the week and time of day that the particular facility may be used by the permittee.

(3) Provisions for the maintenance by the permittee of the sanitation, cleanliness and appearance of the facility. At times, portable restrooms may be required for special events.

(4) Provisions for security and the maintenance of law and order, including compliance with noise, parking, safety and other appropriate regulations. It is at the city's discretion to require security on the premises to enforce the policies of field use. If security is deemed necessary, it is the responsibility of the user group or individual to obtain security personnel at the user's expense. A letter of confirmation from the security agency must be submitted prior to field approval.

(5) Restrictions on the installation of apparatus or modification in any manner, either temporary or permanent, by the permittee to the sports field or adjacent structures.

(6) Provisions for the posting liability insurance by the permittee.

(e) In the event that any of the conditions of the permit are violated by the permitee or for other good cause shown, the director, or designee, of the recreation and community services department may suspend or revoke the permit after notice to the permittee.

(f) When a permit is issued for organized play at a park, soccer field, baseball field, softball field, pool or other recreational facility pursuant to this section for use of said facility at a particular time, and that facility is being used by one or more persons who do not hold a permit to use the facility at that particular time, the non-permit holders shall immediately vacate the facility upon arrival of the permit holders.

(Ord. No. 04-222, 3-1-04; Ord. No. 19-328, § 6, 5-14-19)

Use of all neighborhood park facilities (defined as a site that serves immediate residential areas) will be based on a first-come, first-served basis. No organized play shall be permitted in a neighborhood park unless a permit is issued pursuant to section 13.02.025.

(Ord. No. 04-222, 3-1-04)

If more than one recreational facility is reserved (e.g., two sports fields) applicable fees and deposits shall be charged for each facility reserved.

(Ord. No. 04-222, 3-1-04)

Any use of recreational facilities scheduled for city-sponsored or cosponsored uses shall be deemed a use for city purposes, and shall be exempt from fees, deposits and permit requirements listed herein. Such determination shall be made by the director, or designee, of the recreation and community services department.

(Ord. No. 04-222, 3-1-04; Ord. No. 19-328, § 7, 5-14-19)

User groups are established and defined pursuant to the city's sports field use and allocation policy, as the same may be amended from time to time, and are hereby incorporated by reference.

(Ord. No. 04-222, 3-1-04; Ord. No. 16-310, § 1, 1-26-16)

(a) The city requires each organized activity taking place at any city facility have insurance for said activity. Permittee shall procure and maintain for the term of the permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the activities described hereunder performed by the permittee, his agents, representatives, or employees. Insurance is to be placed with insurers authorized to do business in the state and acceptable to the city. This may not apply for infrequent use; however a one-time special event may be subject to requirement.

(b) The certificate of insurance, naming the city as the additional insured along with an endorsement, is to be submitted prior to permit authorization. A 30-day written notice of cancellation clause is required.

(Ord. No. 04-222, 3-1-04)

Recurring use is generally defined as repeated use of recreational facilities on a regularly scheduled basis (i.e., leagues, organized play, etc.). Renewals of permits are limited to applicants who are in good standing with all fees paid up to date.

(Ord. No. 04-222, 3-1-04)

Nonrecurring use is generally defined as infrequent use of recreational facilities or special event basis (i.e., annual picnics, private parties or company-sponsored events).

(Ord. No. 04-222, 3-1-04)

The use of generators, pitching machines, bounce-house-type apparatus, climbing walls, portable toilets, dumpsters, or any other large equipment of similar function, use or applicability as determined in the sole discretion of the recreation and community services department is prohibited in any park or facility unless a permit is issued by the director of recreation and community services or designee. Liability insurance coverage may be required in the sole discretion of the city.

(Ord. No. 04-222, 3-1-04; Ord. No. 16-311, § 1, 1-26-16)

Due to special or unusual circumstances, the city council may exempt user groups from applicable fee requirements for the use of recreational facilities. It is the responsibility of the specific user group to formally request exemption from the city council. The request should specify the special or unusual circumstances that necessitate exemption.

(Ord. No. 04-222, 3-1-04)

Scheduling priorities shall be established and defined by city council resolution.

(Ord. No. 04-222, 3-1-04)

It is recognized that recreational facilities and sports fields vary in type, location and ancillary improvements. However, applicable fee schedules shall generally apply equally to all sports fields and facilities depending on the level of service required for an individual facility.

(Ord. No. 04-222, 3-1-04)

No person shall conduct or participate in any sport or in any organized athletic activities within any recreational area other than in such areas as may be designated for such sports, games or athletic activities, or in any areas where the director has posted signs prohibiting such activities.

(Ord. No. 04-222, 3-1-04)

If paid by check, the fees applicable to the use of the facility are due and payable in full, 14 days prior to the use of that facility. Less then 14 days, cash payment will be required, unless other payment arrangements have been authorized. When fees are due and payable at the time a permit is issued, refunds are permitted if sufficient notice is given to the city upon cancellation (seven days' notice for nonrecurring groups). Applicable fees and permits are required only when reserved use is requested.

(Ord. No. 04-222, 3-1-04)

Authorized user groups which desire to use facilities for fundraising purposes shall be allowed to do so subject to policies and fees requirements contained herein. Proposed uses which are determined by the city to be solely a commercial undertaking and without educational, recreational or cultural benefit to the community, shall be allowed only upon approval of the city council.

(Ord. No. 04-222, 3-1-04)

Director or designee of the maintenance services division of public works may close any park, field, or other recreational area or facility when such an area or facility needs to be reconstructed, renovated, refurbished, repaired or maintained, or the area or facility needs to be closed because of a hazardous condition that poses potential danger to citizens, city employees.

(Ord. No. 04-222, 3-1-04)

(a) Inclement weather is generally defined as weather which, in the judgment of the city council or its designated representative, has left recreational facilities in a condition such that use of the facilities would present a risk of damage to the facilities or injury to the users.

(b) The city shall have the authority to deny use of all or any portion of a facility to a user based on inclement weather. The city reserves the exclusive right to determine that a use of city facilities is precluded by inclement weather, and no refund of fees paid shall be made on grounds of bad weather or field condition unless the city so determines.

(Ord. No. 04-222, 3-1-04)

The city shall have the authority, based on cause, to deny use of all or any portion of a facility to any group or individual who has abused the privilege of facility use, including failure to comply with the general policies and rules governing the use of community and neighborhood parks.

(Ord. No. 04-222, 3-1-04)

The city council may establish fees for the use of public parks and recreational facilities by resolution. Any amendment of such fees shall also be by resolution of the city council.

(Ord. No. 04-222, 3-1-04)