HomeMy WebLinkAboutReso 95-168 - Amending Policy No 1201 - Certain uses of City Parks & Recreational Facilities for Fundraising Purposes , �,
.• • �
R.ESOI,UTI ON NO. 9 5-_�j�
A RESOLUTION OF TF� CITY COUNCIL OF THE CITY OF REDDING
AMEPiDING ITS POLICY NO. 1201 ON CERTAIN USES OF CITY
pARRS AND R$CR�ATIONAL FACILITIES FOR FUND-RAISING
PURPOSES.
WHEREAS, on November 18, 1968, by Resolution 4148, the City
' Council of the City of Redding adopted Policy No. 1201 entitled
Policy 13 Re Certain Uses of City Parks and Recreation Areas,
subsequently amended by Resolution 8�-99; and
WHF•REAS, the City Council wishes to further amend Policy No.
1201 as outlined in the accompanying Report to City Council;
NOW, THEREFORS, IT IS HEREBY RESOLVED by the City Council of
the City of Redding that the City' s Policy No. 1201 pertaining to
certain uses of City parks and recreational facilities for fund-
raising purposes be amended as set forth in Exhibit A attached
hereto and made a part hereof.
I F�REBY Cffi2TIFY that the foregoing Resolution was
introduced, read, and adopted at a regular meeting of the City
Council on the 18th day of Ju1� , 1995 , by the following vote:
AYES: COUNCIL MEMBERS: P. Anderson, R. Anderson, McGeorge Murray,and Kehoe
NO$S: COUNCIL MEMBERS: None
ABSF.N''r: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
./ _��.
DAVID A. O$, Mayor
�
ATrEST: FORM A OVED:
E
� :'� �
. �,� ���}�`'�L ,
Lf A f/ �
\.
; CONNIE STROHPiIAYER W. LEONARD WING �
City Clerk City Attorney �
AM�NI)ED BY:
Resolution 99-148
.. • � �� �'�'
R�vl� _� � ��.�
.
CI TY OF REDDING, C�4LIF0 ��
Council Policy
SUB�ECT Resolution Policy Effective
POLICY 13 RE CERTAIN USES OF CITY Number Number Date Page
PARKS AND RECREATIONAL FACILITIES 4148 1201 11/18/68 1
FOR FUND—RAISING PURPO5E5 .
BACKGROUND
The Redding Recreation and Parks Commission formulated Policy 13 to establish
certain policies and procedures relating to the use of City parks and recreational
facilities by persons or organizations, whether non-profit or private-enterprise
business, for fund-raising purposes. Policy 13 was reviewed by a Council Committee,
and it was the Committee's recommendation that the substantive provisions of said
policy be adopted as part of the official policy of the City by appropriate resolution.
Policy 13 was updated and adopted by the Recreation and Parks Commission on
May 24, 1995.
PURPOSE
The City Council studied said policy and procedures, and deems it to be in the best
interests of the City that an official policy and procedures be established for the
processing of applications for use of City of Redding parks and recreational facilities
for fund-raising purposes.
POLICY
It shall be the established policy of the City that applications for the use of City parks
and recreational facilities by any and all persons or organizations, whether non-profit
or private-enterprise, for fund-raising purposes shall be permitted only in those
cases where the applicant complies with the following Procedures herein established:
PROCEDURES
A. Any and all persons or organizations, whether non-profit or private-
enterprise, requesting the use of all or a portion of a City park or recreational
facility, or to operate a concession in connection with or upon any portion of the
park and recreational facilities of the City, shall submit an application for use
in writing to the Director of Recreation and Parks, on a form approved by the
City. A copy of this policy shall be attached to and form part of the application
form. The term "Director" shall include his Supervisor.
B. The application for use shall be reviewed by the Director, who shall make
certain that it is complete and meets the following general standards and
criteria:
1. The proposed fund-raising activity must be recreational in nature or
have a recreational content, and be in accordance with the ordinances of
the City and the regulations and policies established in connection
therewith by the Ciiy Council and the Recreation and Parks Commission.
2. The net proceeds must be used for the general public betterment, and
not for the primary advancemeni or betterment of the applicant. No part
F-0091 -7/93
" • •
� CI TY OF R�DI�IiVG, CALII�ORlVIA
,
Councii Policy
SUBJECT Resolution Policy Eflective
POLICY 13 RE CERTAIN USES OF CITY Number Number Date Page
PARKS AND RECREATIONAL FACILITIES
FOR FUND-RAISING PURPOSES . 41.48 1201 11/18/68 2
of the net proceeds may be kept by any applicant, whether an individual,
partnership, association, corporation, or other entity, including its
officers, officials, employees, agents, members, or volunteers.
�empted from the requirement for funds to be used for the general
public betterment, but not from submitting applications for use, are:
(a) The Shasta County Arts Council's use of Old City Hall Park while
under lease from the City;
(b) The North Valley Art League's annual Art Faire at the Cottage
Gallery while under lease from the City; and
(c) The Redding Museum of Art and History's annual Arts and Craft
Faire in Caldwell Park, established in 1965 and exempted prior to
the f ormation of Policy 13.
3. Notwithstanding the provisions of Redding Municipal Code Section
10.20.030 entitled Park Hours, the exclusive use of all or any portion of a
City park or recreational facility shall not commence before 7 A.M. , and
shall terminate no later than 1 A.M. of the day following.
4. Excessive noise or violation of the hours of permitted use shall be
grounds for the termination of an existing application for a permitted
use, or, in the case of a renewal application, sYiall be grounds for
denying the renewal application.
5. No alcoholic bevera.ges of any sort may be sold within the permitted use
area by the applicant without first obtaining the express written approval
of the City Manager.
6. Beverages must not be dispensed in glass containers, but in cans or
paper or plastic cups.
7. If the proposed use involves the sale or other provision of food, the
applicant shall consult with and comply with any and all instructions fram
the Shasta County Health Department in regard to all food preparation
and handling processes relating to the applied-for use.
8. The applicant shall, as a condition subsequent to the granting of an
application for use issued pursuant to this policy, comply with all health
and safety requirements of the State of California and the City of
Redding relating in any way to the permitted use.
9. Any form of gambling or game of chance as part of the proposed use i.s
prohibited, and the observation of any gambling or game of chance within
� the use area shall be grounds for the i.mmediate termination of the
application for use.
10. The applicant shall not discriminate against any person because of his or
: her race, national origin, ancestry, color, sex, religious creed, physical
disability, mental disability, medical condition, or mental status.
F-0091 -7/93
� . ^ � �
� CITY OF R�DDING, CALIFOR/VlA
,
Council Policy
SUB.IECT Resolution Policy Efiective
POLICY 13 RE CERTAIN USES OF CITY
Numbsr Number Date Page
PARKS AND RECREATIONAL FACILITIES 4148 1201 11/18/68 3
FOR FUND—R.AISING PURPOSES .
11. The applicant, as a condition subsequent to the granting of an application
for use, expressly covenants and agrees to indemnify, save harmless,
and defend the City, its officers, officials, employees, agents, and
volunteers, from any and all liability and claims for damages or loss of
whatever nature and kind in any way connected with applicant's use,
other than that caused by the negligence or other legal fault of the City
or its officers, officials, employees, agents, and volunteers.
12. Evidence of general liability insurance and, if applicable, liquor liability,
with limits no less than $1,000,000 per occurrence, shall be provided to
the Risk Manager of the City prior to the event/use. The policies and
any required enaorsements shall be in a form satisfactory to the Risk
Manager, and shall be provided by the applicant at the applicant's cost as
a condition to the approval of any such application for use.
C. The Director shall administer the approval or denial of the application for use of
City of Redding parks and recreational facilities, together with any amendments
to or conditions to be unposed upon the proposed use. If the application
involves the sale of alcoholic beverages, the Director shall first submit the
matter to the Recreation and Parks Commission for its recommendation.
(a) Alcoholic Beverages will not be served:
Approved applications for use shall be signed by the Director. If the
application for use is denied, the applicant shall then appeal in writing to
the Recreation and Parks Commission.
(b) Alcoholic Beverages will be served:
Approved applications for use shall be signed by the Director. If the
application for use is denied, the applicant shall then appeal in writing to
the Recreation and Parks Commission.
(c) Alcoholic beverages will be sold:
If the applicant wishes to sell alcoholic beverages, he must, in addition to
the requirements of this policy, comply with the provisions of Redding
Municipal Code Section 10.20.040, Possession or Consumption of Alcoholic
Beverages in City Parks, and obtain the approval of: firstly, the
Recreation and Parks Commission; secondly, the Chief of Police; and
thirdly, the City Manager.
(d) Appeal to City Council:
If any application for use is denied, after having gone through the
approval and appeal processes outlined herein, the applicant may appeal
in writing to the City Council, whose decision shall be final.
D. No approved application for use may be sold, assigned, transferred, or sublet
without the prior written consent of the City first had and obtained; and
nothing herein i.s intended nor shall be construed to create an employer-
employee or joint-venture relationship with the City. The conditions herein
shall be binding upon the applicant and applicant's successors and assigns.
Amended by Resolution Nos . 80-99 and 95-168
F-0091 •7/93