HomeMy WebLinkAboutAgenda Report - April 15, 1981 (32)—' -
�a
pROPOSED
ORDINANCE RE
PERMIT FOR USE
OF CITY
FACILITIES
a Proposed Ordinance entitled,of Lodi Amending
of the City Council of the City
Chapter 15 of the Lodi Municipal Code to
Add A New Article III Thereto entitled, "Per-
mit for Use of City Facilities". Mayor McCarty
asked the City Clerk to agenda this item for the
_,i nr Council meeting.
TO: D 1 0
F Ron Stein
Page 3, (b) and (c) show an,
addition and amendment to the
ordinance since your review.
ORDINANCE NO. please con-tact me if any coaeu�
Thank you. ,
Ron
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LODI AMENDING CHAPTER 15 OF THE LODI
MUNICIPAL CODE TO ADD A NEW ARTICLE III THERETO
ENTITLED "PERMIT FOR USE OF CITY FACILITIES".
}
The City Council of the City of Lodi does ordain as
follows:
SECTION I. Chapter _15 of the Lodi _Municipal Code is hereby
amended to add a new Article III thereto, entitled "Permit
for Use of City Facilities" as follows:
1. All City -owned neighborhood centers, recreational
centers, and other public buildings used for
recreational purposes, are placed under the
administrative jurisdiction of the Recreation and
Parks Director.
2. The Recreation and Parks Director shall, from time
to time, submit a schedule of fees and charges to
be made for the use of the facilities and equipment l
under the Recreation and Parks Director's jurisdic=
tion, which fees and charges shall be effective
upon adoption thereof by resolution of the City
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Council of the City of Lodi. The Recreation and
Parks Director shall collect said fees and charges jr
for the use of said aforementioned facilities.
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3. No person shall use any premises or facilities
described herein when payment of a fee is required, -:
until.a permit for such use has been granted by
the City of Lodi and all necessary fees have been
paid.
4. Reservations Rules.
(a) A person applying for a permit for use of
a facility hereunder shall file an application for
such permit with -the Recreation and Parks Director
not less than 30 days. prior to the proposed use of
the facility. The Recreation and Parks Director
may waive the 30 -day period rule for permits if the
applicant waives his right to appeal. The applica-
tion shall include:
(1) Identification of the applicant, address and' =f
telephone number.
(2) Dates and hours of event.
(3) Estimated attendance.
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(4) Assurance of responsibility of cleaning entire
area.
(5) Identification, address and telephone number(s)
of the security perscnnel applicant will provide.
(6) and such other information as the Recreation and
Parks Director deems reasonable.
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(b) No alcoholic beverages shall be sold, given
away, or dispensed at the facilities without prior
consent of the Director of Recreation ar.d Parks, and
with the understanding that the applicant must also
apply to the State of California Alcoholic Beverage
Control Department for additional permits.
(c) All youth groups making an application for
the use of a facility must be a group with a Consti-
tution and/or By-laws, which meets regularly, has a
slate of officers, and has an advisory adult leader
who will take the responsibility to sign the applica-
tion. Said adult leader would assume responsibility
for damage to the buildings:,-equpmert or facilities,
as well as the deportment of the group while they are
using the facility. Minors are to be under the super-
vision of a responsible adult at all times during the
use of the facility. Any exceptions can be made at
the discretion of the Director of Recreation and Parks
when applicable.
(d) The fee established hereunder shall be paid
seven (7) days in advance of the use of said facility.
No reservation will be considered as complete until the
payment of the fee.
5. Action on Applications.
Applications shall be acted upon by the Recreation
and Parks Director not later than the 20th day before
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the prsed use. In the event mo than 1 applic a-
tion.is received for 1 facility for use on the same
day, the Recreation and 'Parks Director shall first
act upon the application first received. ,
The Recreation and Parks Director, in considering :
requests for Permits, shall insure that the proposed
use will not be detrimental to the public peace, morals,
health, safety or general welfare by subjecting such
permit to reasonable conditions as the public interest
requires. In making such a finding, the Recreation and
Parks Director shall take into consideration the
character, experience and responsibility of the appli-
cant and those expected to attend, applicable State and
local laws and regulations, amd'the likelihood of
breaches of the peace" or Esther -violations of the law.
The applicant, or another responsible person or
persons named on the.application, shall remain on the
premises for which. the permit is issued during the entire
duration of the permit; failure to observe this condition
shall be grounds for the immediate cancellation of the
permit by the Recreation and Parks Director.
The Recreation and Parks Director shall deny the
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application if the Recreation and Parks Director finds
that any of the following conditions exist:
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(a) That the application reveals that the City
has no facility available which will accommodate
the activity of the applicant.
(b) That the proposed activity is of a size or
nature that requires the diversion of so great a .:
_mumber of :police officers of the City to properly
police the areas, as to hinder police protection to
the City.
(c) That the applicant refuses to agree in
writing to comply with all conditions in the permit.
(d) That the applicant failed to file a timely
application.
(e) That the proposed activity violates Federal,
State or local laws or regulations.
Any such denial shall specify the grounds therefor. Any
person or entity whose application has been denied -by the f
Recreation and Parks Director may appeal the denial to the y`--:
City Council, pursuant to the procedure as hereinafter set :''•`''`
forth.
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Eire The Recreation and Parks Director may exclude.
from any facility, any individual whose presence of
Is detrimental to the enjoyment of the facility
by others, or whose conduct is offensive to the
public and a nuisance. Such person may appeal
his exclusion to the City Council pursuant to the
appeal procedure as set forth herein.
7. If the Recreation and Parks Director determines
that a contract for the use of the premises is
required, the Recreation and Parks Director shall
furnish a form of contract to the applicant for
execution, which shall thereafter be submitted to
the City Attorney for approval. The City Manager
Is hereby authorized and directed to execute such
approved contract for and on behalf of the City.
8.
The City Manager may review any determination of
the Recreation and Parks Director in regard to such
applications, permits or contracts.
9. No person shall apply for a permit to use any of
said premises for any purpose with the intent to
defraud the City of any fee or fees.
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10. Insurance Requirements.
The user of any premises or facility described e
r
in this chapter may be required to indemnify or
hold harmless the City, its officers, directors or
employees from any loss, liability or damage
arising out of, as the result of, or in connection
with the use of the facility or premises, equipment
,or --services of the City, its officers or employees,
Including all costs of defending any claim arising
as a result thereof. In such case, the user shall
present the City with evidence of a policy of
insurance., effective throughout the period of use, in
amounts not less than the following: For bodily
injury or death to any 1 person, in any 1 accident,
S for bodily injury or death to more
than l person arising out of any 1 accident,
$ for damage to property arising out of
any l or more accidents, $ All policies
of insurance shall not be cancellable without 15 days'
prior written notice to the City, and shall name City
as an additional insured. 11
Evidence of products liability coverage may b
required in an amount not less than $100,000.
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The person or persons to whom a permit is issued
shall be liable for any loss, damage or injury sustained
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to any person whatever by reasons of the negligence
of the person or ,persons to whom such permit shall
have been issued.
11. Right of Appeal..
Any person or entity may appeal the decision of
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the Recreation and Parks Director to the City Council..
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The applicant must file said appeal with the City
Clerk within five (5) days of the Recreation and Parks
Director's decision. The City Council shall hold a
hearing within days of the filing of said appeal,
at which gime the Recreation and Parks Director may -
present any and all evidence, testimony and information
relevant to the -denial or exclusion from said premises.
The City Council shall, within days of said appeal
hearing, issue its decision either affirming the denial
of the application or exclusion by the Recreation and
Parks Director, or directing the Recreation and Parks
Director to issue a permit as applied for. The decision
of the City Council shall specify the grounds for its
action and shall be final. `,'.•..,,,,��....a'` '°
The Recreation and Parks Director may establish and
post regulations governing the use of said facilities;'
which are not inconsistent with regulations contained '}`•` `=-°
f
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In this chapter and which promote the public
health, safety, and the preservation of property.
4.113. Revocation. fL„
The Recreation and Parks Director shall have the
authority to revoke a permit upon a finding of a
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violation of any rule, regulation or ordinance, or
upon good cause shown.
14. Copy of Permit.
Permittee or applicant shall have a copy of the
permit in his possession and shall produce same upon
request made by any duly authorized City employee,
representative or agent.
15. Enforcement.
The Recreation and Parks Director of City shall,
in connection with his other duties, diligently
enforce the provisions of this chapter.
16. Infraction.
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Any person who violates any provision of this
chapter shall be deemed guilty of an infraction, and,
upon conviction thereof, shall be punished by a fine 3
of not exceeding the maximum prescribed by law.
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o.
SECTION II. All ordinances and parts of ordinances in
coriflict herewith are repealed insofar as such conflict may
exist.
SECTION 111. This ordinance shall be published one time in
the "Lodi Life and Times", a twice weekly newspaper of
general circulation, printed and published in the City of
Lodi, and shall be in force and take effect thirty days from
andafterits passage and approval.
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