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HomeMy WebLinkAbout2012-06-25 12-223 ORDERCOUNCIL ACTION Item No. 12-223 Date: June 25, 2012 Item/Subject: Order, Adopting Public Park Event Permit Policy Responsible Department: Commentary: In February 2009, by Council Order 09-073, the City Council adopted a Waterfront and Park Facility Permit Policy. Since that time use of the waterfront has changed that makes it appropriate to have a separate policy for the waterfront and the City's parks. This Order, if approved, will rescind that portion of the earlier policy as it pertains to the City's pa will establish a new Public Park Event Permit Policy. This has been reviewed by the Government Operations Committee which recommends approval. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Page _ of Department Head City Manager nance Director City Solicitor 12-223 JUNE 25, 2012 Assigned to Councilor Gallant CITY OF BANGOR (TITLE.) Order, Adopting Public Park Event Permit Policy By the City Council of the City of Bangor. ORDERED, THAT the Public Park Event Permit Policy, a copy of which is attached hereto, is hereby adopted. BE IT FURTHER ORDERED, THAT the portion of the Waterfront and Park Facility Event Permit Policy adopted February 9, 2009 by Council Order 09-073 as it pertains to Public Parks is hereby repealed. IN CITY COUNCIL June 25, 2012 # Motion made and seconded for Passage a d CITY CLERK (TITLE,) Assigned to Councilor City of Bangor Public Park Event Permit Policy 1.0 Purpose 12 223 The City of Bangor recognizes and values the importance of special events, whether public or private. When public, they can enhance the quality of life through offering cultural, recreational, or educational opportunities as well as providing economic benefit to the community. These events are typically organized by dedicated volunteers or community groups, and may be sponsored by organizations or individuals. Private events can encourage a broad and varied use of public parks and promote those parks. The City of Bangor Park Event Permit Policy covers defined areas of the City parks, excluding Bass Park and the Bangor Municipal Golf Course. This policy is designed to: Coordinate multiple uses of limited space in City Parks. Assure the preservation of parks grounds and facilities. Prevent uses that are dangerous, unlawful or not permitted under the City of Bangor's Ordinances regulating use of Public Parks. Assure financial responsibility for damage caused by the use of a park. 2.0 Policy It is the policy of the City of Bangor to accommodate events in Public Parks where such events are determined to meet the purpose of this policy while permitting the general public to either participate in the event or to continue to use the park or, at minimum, sufficient areas within the park for the normal purposes for which they are intended. 3.0 Definitions 3.1 Event: An organized activity that has a predetermined start and end for a duration of two consecutive days or less. 3.2 Non Profit/Community Open Event: These are events that include, but are not limited to, festivals, performances, competitions, or other organized public events where public property will be used. These events do not benefit an individual or a "for profit" organization, although they may raise funds for a charitable purpose. Such events may be sponsored by a for-profit entity; 12 223 however, proceeds of the event, if any, must be used for a non-profit purpose. A non-profit organizer may be required to provide confirmation of that group's non- profit status. 3.3 For Profit Open Event: An event held for the purpose of profiting a business or individual or for promoting a product or service provided by or associated with a for-profit entity. 3.4 City Open Event: An event sponsored solely or in combination by the City, a City department, an organization sponsored by the City, or an organization on whose Board the City is represented. 3.5 Private Events: Events where attendance is limited to specific invitees or identifiable groups such as family members, employees of an organization, or members of a club. They include, but are not limited to, wedding ceremonies, family gatherings, company picnics, or other similar events that are not intended for the public. 3.6 Park Facility: Those facilities located within City Parks available for scheduled exclusive use to include: special purpose athletic fields such as baseball, softball, and soccer fields; the bridge and Gazebo at Cascade Park; and such other facilities as may be designated for such use by the Director of Parks and Recreation based on the level of demand. 4.0 Permit Required. Any event which will make use of any park covered by this policy or which will significantly limit the ability of the general public to use any significant area within it must be permitted by the Bangor Department of Parks and Recreation. In considering whether a permit shall be granted, the Director of Parks and Recreation or designee shall take into consideration the purposes of this policy and the following: 4.1 whether the event is appropriate for the requested area or facility; 4.2 the health, welfare, and safety of event participants and the general public; 4.3 the impact of the event of City staffing and the ability of such staff to continue to provide normal daily services; 4.4 whether the requested event conflicts or is incompatible with other events already permitted for that park or area; 4.5 The limitations the event will place on public use of the area, if any. 2 Permits are not required for events sponsored by the Department of Parks and Recreation including such activities as scheduled athletic events and tournaments at athletic facilities within parks. 5.0 Permit Application Procedure Applications for a permit shall be submitted to the Department of Parks and Recreation on an application form provided by the Department. Applications for a permit cannot be submitted prior to December 1 st of the year prior to the year the event will be held. Events that recur each year must submit an application each year. 12 223 5.1 Properly completed Applications for any event must be received by the Parks and Recreation Department no fewer than fifteen calendar days prior to the first day of the event. 5.2 Applications must be accompanied by a $25.00 non-refundable fee payable to the City of Bangor. The purpose of said fee is for the cost of administering the application process and to accomplish the purposes of this policy. 5.3 When applicable and available, event promotional material and sponsor information should be submitted with the application. 5.4 The permit application must be complete, including any supporting documentation requested. Incomplete applications will be returned and not considered until they are complete. 5.5 Any event that is not open to the public or for which an entrance fee or donation is expected must clearly set forth in the permit application the park facility to be used for the event 5.6 Upon receipt of an event application, the Department of Parks and Recreation may notify other City Departments, as appropriate, and request that they provide review and comment prior to approval. 5.7 If necessary, the Parks and Recreation Department may request that the applicant provide any additional information required to adequately review the request. 5.8 If the application is a repeated use/request that effectively limits the use of the park by others for several period of time through the year, the Director of Parks and Recreation may request additional information from the applicant in order to make a determination whether the effect on other users of the park is such that the application should be denied or approved with conditions. 3 5.9 Where more than one properly completed application is received for an event and the events are incompatible, permits shall be processed in the order in which they are received. 5.10 The applicant will be notified no later than fourteen working days after receipt of the fully completed application of whether the applications is approved or denied, any conditions that the Department will require, and an estimate of the amount of reimbursement that will be necessary for the City to provide staff and services to support the event, if any. These deadlines may be waived at the discretion of the Director of Parks and Recreation where the nature of the event allows for a more rapid review and where the facility requested is available. If the application is denied the Director of Parks and Recreation shall state the reasons for the denial. If the application is granted with conditions the Director of Parks and Recreation shall state the reasons for the conditions. 6.0 Other Requirements 6.1 Proof of insurance must be provided for all open events. Coverage shall include comprehensive general liability insurance or public liability insurance either specific to the proposed event or covering all activities of the sponsoring organization and must provide coverage of at least $400,000 per claim/$1,000,000 annual aggregate. The City may require a higher amount if it deems it necessary. The City may require insurance for private events at the discretion of the Parks and Recreation Director or designee. A current certificate of insurance indicating that the City of Bangor is an additional named insured must be provided no later than seven days prior to the date of the event. When insurance is required, this certificate must be provided before the actual event permit is issued. 6.2 The permit holder is responsible for clean up during and at the end of the event, including removal of all event equipment and trash and restoring the area to its pre -event condition within 24 hours after completion of the event. The permit holder is responsible for any damage to public property resulting from the event. At the sole discretion of the Director of Parks and Recreation or designee, a cleaning deposit and/or damage deposit may be required prior to permit issuance. 6.3 Applicants are strongly discouraged from promoting any proposed event to the public until the permit has been approved. 6.4 Any refreshments provided during open events must be served in non -breakable containers. 4 12 221 6.5 Open event organizers must provide the number of portable restroom facilities required by the event permit, such number to be based on expected attendance. 6.6 The permit holder shall be solely responsible for ensuring that any vendors associated with the event have the appropriate permits and licenses required by City ordinances. Information regarding permits and licenses may be obtained from the City Clerk. 6.7 Events shall comply with current noise ordinances. Noise, including live music, recorded music, public address systems, etc. shall be limited to levels and times allowed under the City of Bangor Code. 6.8 Any disturbance of the surface of an area or facility required to erect a tent, other structure, or for any purpose whatsoever, must be specifically approved by the Director of Parks and Recreation or designee. This may include the requirement of weighted supports rather than stakes. Permit holders shall be responsible for any damage caused to in -ground utilities or installations should a surface be disturbed at any non -approved location. 6.9 The permit holder agrees to abide by all other applicable City ordinances not specifically mentioned in this policy. 7.0 Denial of Permit A permit may be denied if: The application is incomplete or contains falsehoods or misrepresentations; and/or The applicant has damaged City property on a prior occasion and has not paid for the damage; and/or Another permit for the same location and time has been granted to an earlier applicant; and/or The applicant has violated the terms and conditions of an earlier permit; and/or The use will present an unreasonable danger to health and safety or park users or City employees. The repeated use of the park effectively limits the use of the park by others without adequate reasons when the City is able to make other accommodations for the applicant. 61 12 223 8.0 Appeals 8.1 The applicant may appeal the decision of the Director of Parks and Recreation to the City of Bangor City Manager. 8.2 The appeal must be in writing, and include a statement of reasons for the appeal. 8.3 The appeals must be received by the City Manager within seven calendar days of the date of the decision of the Director of Parks and Recreation. 8.4 The City Manager, or his or her designee, shall provide the applicant a written decision on the appeal with seven calendar days of receipt of the notice of appeal. 8.5 The applicant may appeal the decision of the City Manager to a court of competent jurisdiction within the time allowed by Maine Rules of Civil Procedure, Rule 80B. 9.0 Miscellaneous 9.1 Any area covered by this policy shall otherwise be available to the public when not in use for a permitted event or otherwise closed to the public by the Director of Parks and Recreation. 9.2 The City of Bangor Parks and Recreation Department is responsible for the administration of this policy and for its periodic review and revision. 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