§ 13.44.070. Permit procedures and conditions.

A.

The permit procedures and requirements of this section shall apply only to park use areas. The permit procedures and requirements of Chapter 13.14 of Title 13 of this Code shall apply to the use of other areas within a park and for special events, as defined in Chapter 13.14, occurring in park use areas.

B.

No permit for the use of a park use area 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.

C.

Each application for a permit must be received at a designated office in the department not less than twenty business days nor more than ninety business days in advance of the date for which such permit is requested. The director may waive such minimum or maximum time requirements upon request if good cause is shown and the nature of the application: (1) reasonably and feasibly lends itself to expedited processing based on the size, location and duration of the use, the amount of equipment proposed to be used, and the impact on traffic, other park users and the surrounding neighborhood, for a waiver of the minimum time requirement; or (2) reasonably requires a lengthier planning process based on the foregoing criteria, for a waiver of the maximum time requirement.

D.

The director shall grant or deny each application for such permit within ten business 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 to 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.

E.

Notwithstanding the provisions of Subsections C. and D. regarding the timeframes for permit application and decision, the director may instead designate time periods within which applications for reservation of specified park use areas and facilities, such as sports fields, will be accepted, in which case the director shall grant or deny each application within twenty business days after the receipt of the application or the close of the application period, whichever occurs later.

F.

The director may grant, deny or limit any permit after considering the suitability of the area or facility for the number of persons expected at such function, whether or not the activity proposed is a legal use thereof, the impact of the proposed use upon public property, the impact of the proposed use to the environment, the effect of the proposed use upon the peaceful enjoyment of the park by members of the public attending and those not attending the 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 the 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 director is specifically authorized to attach reasonable restrictions and conditions to activities to occur at the event, including but not limited to, the duration, frequency, and restrictions on fires, amplified sound, consumption of alcoholic beverages, 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 the park or to the public, or damage to any public or private property or the precautions necessary for the protection of wildlife, native plants and sensitive habitats, streams, lakes and waterways.

G.

The director may require in connection with any permit 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 is requested.

H.

The director shall refuse to grant a permit where conditions cannot be met or are not accepted.

I.

To appeal a decision denying a permit or the conditions imposed on a permit, the applicant must submit a written request for hearing addressed to the city manager at the address indicated on the notice of decision no later than the close of business on the second business day after service of the notice of decision to the applicant. Upon receipt of a timely written request for hearing, the city manager shall schedule a hearing to be held no later than the day before the proposed date of use of the park use area.

J.

No permit for use of any park use area shall be transferable without the consent in writing of the director.

K.

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

(Prior code § 4402.5; Ords. 18841, 23170, 29419.)