Article 11-10

RESERVATIONS AND SPECIAL PERMITS Sections:

Article 11-05 of this Code specifies various uses that require reservations or special permits. This Article sets forth standards for issuance of reservations and special permits.

(Ord. No. 300, § 1(Exh. A), 10-3-2012)

Designated picnic areas, fireplaces, barbecues, tables, spaces and other facilities in City parks may be made available for the temporary exclusive use of up to one hundred persons for any use other than sports or games upon the issuance of a reservation therefore by the Director in accord with the following provisions:

(a) The reservation must be issued to an adult who agrees in writing to be responsible for the activities or the person(s) using the reservation during the entire period of exclusive use.

(b) The Director shall have the authority to limit the size of the group to a number less than the maximum specified above taking into consideration the capacity of the park area and amenities being reserved.

(c) Each reservation shall specify:

(1) The park area and amenities to which the permit applies;

(2) The day(s) and hour(s) for which the permit is issued over a period not to exceed one year; and

(3) Any other conditions imposed by the Director.

(d) Prior to issuance of the reservation the City shall collect the requisite fee therefor as established from time to time by resolution of the City Council. (Ord. No. 300, § 1(Exh. A), 10-3-2012)

Certain predesignated areas of City parks may be made available for the temporary exclusive or nonexclusive use of groups of persons for sports and games upon the issuance of a use agreement approved by the City Council or a sports use permit by the Director in accord with the following provisions:

(a) Each group must have one or more adults who agree in writing to be responsible for such group during the entire period of use of the area in question.

(b) Each group shall in no event exceed in number seventy-five percent of the capacity of such park or the area of such park, and in all events the Director shall have the authority to limit the size of the group to a number less than such percentage of capacity in conditioning such permit.

(c) Each permit shall specify:

(1) The park(s) and area(s) of the park(s) to which the permit applies;

(2) The day(s) and hour(s) for which the permit is issued over a period not to exceed one year; and

(3) Any other conditions imposed by the Director.

(Amended by Ord. 202 § 2 (part), 2002; Ord. 71-146 § 2, 1995; Ord. 71-166 § 3, 1996; Ord. No. 300, § 1(Exh. A), 10-3-2012; Ord. No. 340, § 1(Att. A, § 10), 7-6-2016)

(a) Any sports use permit issued for use of Kevin Moran Park shall contain the following conditions:

(1) The park may be used for practice use only. No games may be played at the park;

(2) No use shall be allowed on Sundays;

(3) All uses shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first; and (4) No more than three teams may use the park at any one time.

(b) No more than two user groups may have sports use permits at Kevin Moran Park at any one time.

(c) Kevin Moran Park may be used by user groups on no more than six Saturdays per year according to a schedule set by the Director.

(Ord. No. 300, § 1(Exh. A), 10-3-2012; Ord. No. 340, § 1(Att. A, § 10), 7-6-2016)

212.2

(Saratoga Supp. No. 57, 1-26)

11-10.030

Certain predesignated areas of City parks may be made available for the temporary exclusive or nonexclusive use of groups of one hundred or more persons, groups of twelve or more persons where alcohol will be consumed, use of parks after times specified in Section 11-05.020 for showing of a movie open to the public without charge, and any publicly advertised assemblage upon the issuance of a group use permit by the Director in accord with the following provisions:

(a) Each group must have one or more adults who agree in writing to be responsible for such group during the entire period of use of the area in question.

(b) Each group shall not exceed seventy-five percent of the capacity of such park or the area of such park, and in all events the Director shall have the authority to limit the size of the group to a number less than such percentage of capacity in conditioning such permit.

(c) Each permit shall specify:

(1) The park(s) and area(s) of the park(s) to which the permit applies;

(2) The day(s) and hour(s) for which the permit is issued over a period not to exceed one year; and

(3) Any other conditions imposed by the Director.

(Ord. No. 300, § 1(Exh. A), 10-3-2012; Ord. No. 340, § 1(Att. A, § 10), 7-6-2016)

(a) Application for a sports use permit or group use permit shall be in writing on forms furnished by the City, and be filed with the Director no less than thirty days, nor more than one year prior to the date of the proposed use, unless the City Council authorizes an earlier filing, and shall contain the following information:

(1) Name and business and residence address of each applicant, and of the person or organization or entity sponsoring the proposed activity, and of each person or persons who will be in charge of and responsible for such proposed activity.

(2) The park or area thereof for which such permit is desired.

(3) The day and hours for which the permit is desired, including starting and finishing time.

(4) An estimate of the anticipated attendance.

(5) The nature of the proposed activity and a statement of all material and equipment as may be brought into the park.

(6) Vending, sales or soliciting incidental to group use.

(7) Such other information as the Director may find reasonable or necessary to make a fair determination of whether or not such permit should be issued.

(b) Each application for a sports use permit or group use permit shall be accompanied by a written agreement executed by one or more financially responsible adults agreeing that, if such permit is issued, (i) they, and each of them, will jointly and severally hold the City free and harmless and indemnify it from and against any and all claims, actions, damages, suits or liability for injury to persons or property occurring as the result of or arising from the activity sponsored by such applicant or the use and occupation of the park premises under and by virtue of any such permit as is granted, agreeing to be liable to the City for any and all damages as may be sustained to such park, facilities, buildings and structures which directly or indirectly result from the activity of such applicant or is caused by any participant in such activity, and (ii) they will furnish to the City, at their own cost and expense, liability insurance coverage naming the City as an additional insured and otherwise in accordance with the applicable insurance standards of the City and that the insurance coverage will be maintained in full force and effect in accordance with the City's insurance standards for as long as the permit remains issued and outstanding.

(c) Each such application shall be accompanied by the requisite fee therefor as established from time to time by resolution of the City Council. (Amended by: Ord. 202 § 2 (part), 2002; Ord. No. 300, § 1(Exh. A), 10-3-2012)

(a) The Director shall issue a sports use or group use permit to the applicant upon making the following findings:

(1) That the proposed use or activity will not unreasonably interfere with the promotion of the public health, welfare, safety and recreation.

(2) That the proposed use or activity is not reasonably anticipated to incite crime, violence or disorderly conduct.

(Saratoga Supp. No. 39, 8-16)

212.3

11-10.030

(3) That the proposed use or activity will not entail additional expense of police protection by the City, or if it otherwise would, that the applicant is supplying sufficient additional police protection so as to eliminate such increase or burden and will reimburse the City for any expense of increased police protection as determined by the Director.

(4) That the facilities desired have not been reserved for other use at the day and hour requested in the application, or are not otherwise programmed for use by the City for a City function at such time and place.

(b) The decision by the Director to either grant or deny a sports use or group use permit, or to grant the same with conditions, may be appealed by either the applicant or any interested person to the City Council in accordance with the procedure set forth in Section 2-05.030 of this Code.

(Amended by: Ord. No. 300, § 1(Exh. A), 10-3-2012)

(a) In issuing any sports use or group use permit, the Director may impose any conditions deemed necessary or appropriate to protect the public health, safety or welfare, including, without limitation, any or all of the following:

equipment or plantings removed or destroyed by permittee or any of the members or guests of the group or entity using the facilities under such permit. (Amended by: Ord. No. 300, § 1(Exh. A), 10-3-2012)

Any reservation or permit issued under the provisions of this Article shall be subject to revocation: (i) by the Director upon a finding of any violation of any of the provisions of this Chapter, any other provisions of this Code, or any of the conditions of such reservation or permit, or (ii) by the City Council at any time. Such revocation shall be effective immediately, but in the case of a revocation by the Director, shall be subject to review by appeal to the City Council in accordance with the procedure set forth in Section 2-05.030 of this Code.

(Amended by: Ord. 202 § 2 (part), 2002; Ord. No. 300, § 1(Exh. A), 10-3-2012)

(Ordinance 71.92, adopted July 3, 1991.)

(1) Restrictions on the requested use or uses set forth in the application.

(2) Restriction on the hours within which the use or activity may be conducted.

(3) A requirement that the applicant provide, at the applicant's own cost and expense, a park attendant to help maintain the condition and operations of the park and professional crowd-control monitors, such as sheriff's deputies or private licensed patrolmen, in such numbers as the Director reasonably anticipates may be necessary under all the circumstances.

(4) A requirement that the applicant provide, at the applicant's own cost and expense, restroom facilities sufficient to serve the expected number of persons attending the event that is the subject of the permit.

(b) A clean-up and damage deposit shall be required prior to issuance of any sports use or group use permit, in such amount as indicated by the Director, but no less than fifty dollars, guaranteeing not only that the permittee will leave the park premises in a clean and orderly condition upon termination of the use, but also the repair of all damages and replacing of any park

212.4

(Saratoga Supp. No. 39, 8-16)

11-15.030