Scotts Valley Municipal Code Ch. 7.08 Park Permits for Special Uses and Events

A. The recreation division manager may select and designate specific areas and facilities in any park which may be limited to special uses, at all times or at certain times, for which a permit in writing or a reservation shall be necessary.

B. Such uses may include, but are not limited to, sports, games, or other recreational activities, picnics, assemblies, entertainments, performances, concerts, exhibitions and weddings.

C. Such uses may be restricted at specific times to specified classes of persons, so long as such classification is reasonably necessary therefor, such as, but not limited to, young children and persons attending them, persons of specified ages or any other reasonable classification. Use of the park shall be open to all regardless of race, color, religion, national origin, sex, ancestry, language, political beliefs or affiliations, financial means or education, to facilitate and enhance the widest possible use of parks and park facilities by the public.

(Ord. 147 § 2 (part), 1991)

A. No permit or reservation for the use of any park or any picnic area, assembly area, activity area, sports area or other facility in a park shall be refused or limited, nor shall any conditions be attached to the grant or exercise thereof, for any reason not related to the safe, reasonable and orderly use of park facilities.

B. Each application for a permit or reservation must be received at a designated office in the city recreation division not less than twenty days nor more than ninety days in advance of the date for which such permit or reservation is requested. The recreation division manager may waive such minimum or maximum time requirements if it is determined that such waiver is in the best interests of the city. Upon granting any permit or reservation, the recreation division manager may attach reasonable conditions thereto respecting the time, place, manner, frequency, duration and maximum number of persons who may attend any meeting, assembly, activity or event to be held in any city park or park facility pursuant to said permit or reservation.

C. The recreation division manager shall grant or deny each application for a permit or reservation within ten calendar days after the date of receipt of the application, unless the time for such action has been waived by the applicant. The decision granting or denying said application shall be mailed the applicant at the address listed on the application. The applicant shall not consider the permit to have been granted until the permit is received.

D. The recreation division manager may grant, deny or limit any permit or reservation after considering the suitability of the area or facility for the number of persons expected at such function, whether or not the activity pro- posed is a legal use thereof, the impact of the proposed use upon public property, the effect of the proposed use upon the peaceful enjoyment of the park by members of the public attending and those not attending said event or activity, the effect of the proposed use upon the peace and convenience of members of the public using private or public property or the public streets in the vicinity of said area or facility, the public health and safety, any traffic or parking problems which may be caused by attendance at such activity or event and the equitable sharing of the use of such facility. The recreation division manager or the public works department is specifically authorized to attach reasonable restrictions and conditions to activities to occur at the event, including but not limited to, restrictions on fires, amplified sound, consumption of alcoholic beverages, dancing, sports, the use or presence of animals, the use of equipment or vehicles, the number of persons to be present, the location of any bandstand or stage within a specific park area, or the creation of any sounds, smoke, light, smell or any other thing which appears likely to create any unreasonable risk of harm or substantial annoyance to any person using said park or to the public, or damage to any public or private property. Violation of any of the terms and conditions of any permit issued under this chapter by the permittee, or any agent, servant or employee of permittee, shall be cause for immediate suspension or revocation of said permit by designated city employee.

E. The recreation division manager may require in connection with any use permit or reservation that adequate police protection be furnished by the permittee and that the permittee provide additional sanitary facilities, refuse receptacles, or make any other reasonable arrangements, based on the type of activity for which the permit or reservation is requested.

F. The recreation division manager shall refuse to grant a permit where conditions cannot be met or are not accepted. The applicant must agree to provide a means of informing all of the persons participating in the proposed activity of the terms and conditions of the use permit, if any.

G. No permit or reservation for use of any facility in a city park shall be transferable without the consent in writing of the recreation division manager.

H. Upon the granting of a permit under this chapter, any fees or deposits established by the city council or conditions related thereto shall be paid or complied with by the applicant before the effective date of said permit. If said fees or deposits are not paid before the effective date of said permit, then, in that event, the permit issued shall be null and void.

I. Each person to whom a permit has been granted shall agree in writing, to indemnify and hold the city, its officers, agents and employees, harmless from and against any and all liability for injury to persons or property occurring as a result of the permitted activity of the permittee and said person shall be liable to the city for any and all damage to parks, facilities and buildings owned or controlled by the city, which results from any act or omission of the permittee or is caused by any participant in said activity. Additionally, each person to whom a permit or a reservation is granted shall agree in writing, to waive all claims or causes of action against the city, its officers, employees or agents which such person may have at any time for damage to or loss of property of any type or form or for injury to persons in, about or upon the permitted or reserved facilities, from any cause or causes arising at any time, except for the sole negligence or wilful act(s) of the city, its officers, employees or agents, and to which the person to whom a permit or reservation is granted in no way contributed, either actively or passively, to causing such damage, loss or injury, either directly or through any other person, agent, partner, contractor or associate.

J. The recreation division manager may, if the proposed use of park facilities involves risk of damage or injury to persons or to property of others, require the permittee to obtain a policy of public liability insurance with terms and limits of liability as determined by the city to be appropriate for the activity for which the permit is requested. Said policy shall name the city, its officers, agents and employees, as insureds, be primary coverage and shall insure said insureds against all claims, suits and demands of any and all persons for injury, including death or damage sustained by any person or persons arising out of any act or omission of the permittee related to such use of any city park or recreation facility. Any such policy must be approved by the city.

(Ord. 147 § 2 (part), 1991)

A. It is unlawful for any person, other than personnel of law enforcement or governmental agencies acting within the scope of their official employment, to install, use or operate within a city park, a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purpose of transmitting music to any persons or assemblages of persons within a city park without filing a registration statement with and obtaining a permit from the chief of police or his designee.

B. The chief of police or his designee shall grant the permit required under this section unless he finds that the loudspeaker or sound-amplifying equipment will disturb the public peace or the quiet, peace and comfort of the community or any neighborhood therein or is otherwise creating a public nuisance.

C. The chief of police or his designee shall be empowered at any time to revoke the permit required under this section if it is found that the loudspeaker or sound- amplifying equipment disturbs the public peace or the quiet, peace and comfort of the community or any neighborhood therein, or is otherwise creating a public nuisance.

(Ord. 147 § 2 (part), 1991)

Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to wilfully make or continue, or cause to be made or continued, any loud, unnecessary or unusual sound which disturbs the peace or quiet within any area of a city park or which causes discomfort or annoyance to any reasonable person of normal sensitiveness utilizing any facility in a city park. The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following: (1) the level of the sound; (2) the intensity of the sound; (3) whether the nature of the sound is usual or unusual; (4) the level and intensity of the background sound, if any; (5) the type of area within which the sound emanates; (6) the intensity of human use of the area during the time at which the sound emanates; (7) the time of the day or night the sound occurs; (8) the duration of the sound and; (9) whether the sound is recurrent, intermittent or constant.

(Ord. 147 § 2 (part), 1991)