§ 5-509. PERMISSION TO USE DESIGNATED PARK AREAS AND CONDUCT GROUP ACTIVITIES.

(a)

Designated Park Areas. For purposes of this section, the term "Designated Park Areas" shall refer to Registration Areas and Special Activity Areas as described hereunder.

(b)

Use Of Registration Areas. The Director shall designate those areas of any park the usage of which is heavy, and shall restrict the use thereof to persons or groups registering in advance for such use. Such assignment shall be upon a "first come first served" basis, except in cases of periodic usage by groups such as state picnics, annual picnics of employee groups, folk dance groups and similar groups. In such cases, the Director in the exercise of his or her discretion shall prioritize the usage of such periodic user groups without regard to who first applied, provided a suitable alternative area is available for the use of the earlier in time registrant group(s).

(c)

Use Of Special Activity Areas and Group Activities.

(1)

The Director shall designate those areas of any park which are designed or desirable for special or limited activities. Without limitation, Lisenby Bandstand in Roeding Park and the outdoor theatre in Ralph W. Woodward Park and bird refuge are hereby declared to be such areas. The use of such areas shall be subject to prior permission as specified herein.

(2)

No group of more than twenty-five persons shall utilize for any purpose any area in any park, without prior permission as specified herein.

(d)

Any person or group desiring to use an area or conduct an activity described in subsections (c)(1) and (c)(2) shall first submit a written application as the Director may prescribe. The application shall be made at least fifteen days before the use or activity is to commence, provided that the Director may, in his or her discretion, waive the filing of a written application and/or the time limit.

(e)

The Director is hereby granted the following additional powers and assigned the following additional duties:

(1)

The Director shall assess and evaluate the public health, safety and welfare problems arising from the occurrence of such activity or the use of the requested area of the park, and considering the age of the participants, the hour of the conducting of the activity, the type of the activity proposed, the extent and type of advertising thereof, the condition of the premises, including access thereto, the current status of the level of delinquency in the community at large and the locale of the activity in particular and other similar and pertinent factors and he/she shall designate the minimum number and type of persons who shall be required to be present to enforce laws and regulations and maintain decorum and pedestrian and vehicular traffic control at or about the premises of the activity.

(2)

The Director shall assess and evaluate such activity or the use of the requested area of the park and considering the nature of the activity or use, shall determine whether or not it will create unusual wear and tear of park property and/or accumulation of trash. Upon making such determination the Director shall impose conditions on the activity or use reasonably calculated to decrease or eliminate the problem(s).

(3)

The Director in his/her discretion and based upon a consideration of the activity and/or the use shall limit the hours of use of any facility or area.

(4)

The Director's decision(s) under this section shall be based upon the exercise of his or her discretion and in light of the above factors and shall be rendered to promote and protect the health, safety, and welfare of the participants in the activity and the spectators who may be drawn thereto, and property including the property involved, and the community at large.

(f)

The Director shall issue a permit for the use or activity described in subsection (c). The permit shall be deemed issued when entered upon the park records except that any special conditions shall be in writing. The permittee shall comply with any special conditions imposed under subsection (e).

(g)

Any interested person may appeal any decision of the Director made under this Section and relating to an application for a permit for the use of a special activity area or group activity to the City Manager who shall immediately hear and consider the matter and grant, grant with conditions, or deny the permit.

(h)

Any person or group obtaining a permit from the Director pursuant to this section shall not be required to obtain a special event permit under Chapter 14 of this Code.

(i)

No person or group shall interfere with the use or activity of any area assigned to any other person or group by registration or permit issued under this section.

(Orig. Ord. 1076; Am. Ord. 67-138, 1968; Am. Ord. 72-41, 1972; Am. Ord. 87-159, § 2, eff. 12-18-87; Am. Ord. 99-71, § 1, eff. 12-25-99; Am. Ord. 2007-96, § 4, eff. 1-19-08).