Chapter 2.44 — COMMUNITY HALL

There is established the policies and regulations set forth in this chapter regarding public usage of the community hall.

(Ord. 82-4 § 13, 1982)

A Community Hall Advisory Committee, composed of the Clerk and the Chief of Police is created to serve without additional compensation, to investigate each application for the use of the Community Hall. The Committee shall have the power to direct investigations and conduct hearings, and to do and perform all other acts which may be necessary or proper within the scope of its duties and functions. The Committee shall maintain each application on file, together with its recommendation thereon, all of which shall be subject to public inspection at any reasonable time.

(Ord. 82-4 § 14, 1982)

• A. No person or organization shall be permitted or allowed to use or rent the Community Hall for any purpose without a permit from the Clerk authorizing such use. All rules attached to the permit shall be observed at all times, including those rules posted on the premises of the Community Hall. Failure to observe the rules shall be grounds for denial of permit.

• B. The provisions of this regulation shall not apply to any person or group functioning as an arm of the City, County, State or Federal government, and whose activity in the Community Hall is directly related to the regular transaction of government business, provided the committee so approves.

• (Ord. 82-4 §§ 15, 16, 1982)

An application for a permit to use the Community Hall as required by Section 2.44.030 shall be made to the Clerk upon forms prescribed by the committee. Such application shall be filed with the Clerk at least 10 days prior to the time at which the permit applied for is to become effective. The Clerk may, for good cause shown, allow the filing of an application less than 10 days prior. The application required in this section shall contain the following information, or in lieu thereof, a statement satisfactory to the Clerk of the reasons why such information is not furnished:

• A. Names, addresses and phone numbers of the person or organization renting the hall; if an organization, then the names, addresses and phone numbers of its principal officers or person who will be in charge;

• B. The period of time when the hall will be used, beginning with the time when furniture must be set up to the time when clean-up terminates;

• C. A list of references where the person or group has used a similar hall or auditorium in other cities during the past two years;

• D. A full statement of the general character and extent of the type of activity being conducted, and the estimated attendance;

• E. A statement that if a permit is granted, no person under the age of 16 may be unaccompanied by an adult;

• F. A statement that if a permit is granted, it will not be used or represented in any way as an endorsement by the City of the character of the activity carried out in the hall;

• G. Such other information as may be required by the Clerk or the Committee in order for them to determine that the proposed activity is in the interest of and not inimical to the public welfare.

• (Ord. 82-4 § 17, 1982)

The Committee shall examine all applications filed under Section 2.44.040, and shall make such further investigation of the application and applicant as the Committee shall deem necessary in order for them to perform their duties under this chapter. If, upon such investigation, the Committee determines that the nature of the activity would involve or produce a public nuisance or anything of immoral character, or would in any way be detrimental to the health, safety, and welfare of the residents of the City, then the permit shall be summarily denied. (Ord. 82-4 § 18, 1982)

• A. At least 10 days prior to the usage of the hall, each applicant shall tender to the City payment for such rental fees and deposits as are determined appropriate by the Mayor pursuant to the current resolution establishing the fee schedule for the Community Hall approved by the City Council at that time.

• B. In addition to the above, each and every applicant, not otherwise specifically exempted by Section 2.44.030(B), shall post a cleaning deposit for the use of the hall and kitchen in the amount of $25; which deposit is refundable upon approval of the Clerk in the manner herein designated.

• C. Time and Method of Refunding Deposits. The moneys from all such deposits designated herein shall be held by the Clerk for a maximum of 10 days after the event in order for the Clerk (or duly authorized representative) to or damage or excess cleaning; etc., which may be required to determine the final charges, he or she shall refund to the applicant all deposit moneys in excess of the amount required to complete repairs or additional cleaning, etc.

• D. If the Clerk determines that the final charges will exceed the amount on deposit from the lessee, he or she shall bill the applicant for the difference. The bill shall be due and payable 30 days from the day of transmittal.

• E. Waiver. The City Council may for good cause shown, waive any fee or deposit required by the provisions of this chapter.

• (Ord. 82-4 § 19, 1982)

• A. The permit required by the provisions of this chapter shall be issued no longer than 12 calendar months from its date.

• B. Exception. A scheduled event within a term may be interrupted or postponed upon 10 days' written notice to the permittee by the City Council that an approved governmental activity will be using the hall at that time.

• (Ord. 82-4 § 20, 1982; Ord. 99-1 § 1, 1999)

The Committee shall approve the application and authorize the Clerk to issue the necessary permit therefor if the Committee finds that:

• A. All of the statements made in the application are true;

• B. The applicant, or its managing officers and agents, are of good character and reputation for honesty and integrity;

• C. The applicant has not engaged in any vandalism or other fraudulent enterprise;

• D. The activity or event will be under the control and supervision of responsible and reliable person;

• E. The kind, character and method of the proposed activity or event, the time when it will take place, and its duration are such that it will be in the interest of and not inimical to the safety, convenience or welfare of the inhabitants of the City;

• F. The applicant-permittee has signed a rental/hold-harmless agreement and agrees to abide by its provisions for as long as the permit continues to be valid;

• G. If the activity or event to be scheduled is a dance, rock-festival or other such type activity, said activity shall be held subject to additional police protection which public service shall be paid for by the applicant, and shall be entirely in the discretion of the Chief of Police.

• (Ord. 82-4 § 21, 1982)

• A. Any person aggrieved by the provisions of this chapter or by the Committee's denial of the application for a permit, may appeal as set forth herein.

  1. Notice of Denial. If the applicant is denied, the Committee shall so notify the applicant by certified mail, return receipt requested, at the address given in the application, stating the reasons therefor.

  2. Request for Hearing. Within five days after receiving the above notice of denial, any applicant may file a written request with the Clerk for a hearing on the application before the Committee based its denial to the reasons upon which the Committee based its denial of the application.

  3. Notice of Hearing. Upon the filing of such a request, the City Council shall fix a time and place for the hearing and shall notify the applicant thereof, the hearing shall be held within 10 days after the request is filed.

  4. Hearing. At the hearing the applicant may present evidence in support of his or her application and exceptions. Any interested person may, in the discretion of the Committee be allowed to participate in the hearing and present evidence in opposition to the application and exceptions.

  5. Decision. Within 10 days after the conclusion of the hearing, the Council shall render a written report either granting or denying the application for a permit, the report shall state the facts upon which the decision is based and the rulings upon any exceptions filed to the original reasons for denying the application.

  6. Appeal. Any such decision of the Committee denying the application for a permit may be appealed to the City Council pursuant to the provisions set forth herein.

  7. Appeal to Council. Any such decision of the committee may be appealed to the City Council upon the applicant filing a written request with the Mayor for such an appeal, together with written exceptions to the reasons upon which the Committee based its denial of the application, within 10 days after the Committee's decision.

• B. The City Council shall hear and determine the appeal within 30 days after it is filed, and the decision of the City Council on the appeal shall be final.

• (Ord. 82-4 § 22, 1982)