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HomeMy WebLinkAboutReso 2004-046 - Council Policy No 1201 . . RESOLUTION NO. 2004-46 A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF REDDING AMENDING COUNCIL POLICY NO. 1201 ENTITLED USE OF CITY PARKS AND RECREATIONAL FACILITIES WHEREAS, on November 18, 1968, the City Council adopted Parks and Recreation Policy No. 1201 to set forth guidelines for use of City parks and recreational facilities; and WHEREAS, the City Council wishes to further amend its Parks and Recreational Facilities Policy, as recommended by the Community Services Advisory Commission; NOW, THEREFORE, BE IT RESOLVED by the City Council that the City's Parks and Recreational Facilities Policy No. 1201 be amended as set forth in the attached annual update, and made a part hereof by this reference. I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular meeting of the City Council on the 6th day of April, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Cibula, Kight, Mathena, Stegall and Pohlmeyer None None None Attest: Form Approved: g~ L. K:vr--- Brad L. Fuller, City Attorney G -L I ~ ~ . . SUBJECT RESOLUTION NUMBER POLICY NUMBER EFFECTIVE DATE PAGE rOLICY 13 RE. CERTAIN USES OF CITY . . PARKS AND RECREATIONAL FACILITIES POR PUND-RAISING rURrOSES. 1201 11/18/68 1 Back~round The Redding Reel cation alld rarks Commission fuImulated roliey 13 to establish eertain policies and pIoeedmes Idating to the usc of City parks arId IeeIeational facilities by pClSOllS 01 mganizatiolls, whGtheI nOll-profit 01 plivate enteIplise businesses, fO! ftmd-Iaising pmposes. rolicy 13 was lCviewed by a Comlcil Committee, and it was the Committee's Iceommendation that the substarltive plovisions of said policy be adopted as part of the official policy oft11e City by applopIiatc Iesolution. In 2004. the Community Services Advisory Commission reviewed the policies related to the use of park and recreation facilities for fund-raising purposes. Since prior revisions to the policy. several new additions to the park system had been made. residents have placed requests for new and different types of uses. and perspectives on the types of activities permitted in parks are evolving. Purpose The City Council studied said policy and pIoeooures arId deems it to be in the bcst int.eIests oHIle City that an official policy arId plOcedures be established f01 the pIoecssil1g of appli.::.ations for use of City ofRcdding parks and IceIeational fa.::.ilities f01 fund-raising pmposc.s. The purpose of the policy is to set forth the City Council's policy for use of City parks and recreational facilities for fund-raising and commercial pUlJ>oses: and to outline the procedures for processing applications . . -Policy. It shall be the established policy of the City that applications for use of City parks and recreational facilities by any and all persons or organizations, whether non-profit or private enterprise, for fimd-raising purposes shall be permitted only in those cases where the applicant complies with the following Procedures herein established: . . SlUBJECT RESOLUTION NUMBER POLICY NUMBER EFFECTIVE DATE PAGE rOLICY 1 J RTI. CERTAIN USES OF CITY P ARKS AND RECREATIONAL FACILITIES POR PUND-RAISING rURrOSES. 1201 11/18/68 2 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 recreation facilities of the City, shall submit an application for use in writing to the Reeleatioh Supe1inte.nde.nt Director, on a form approved by the City. A copy of this policy shall be attached to and fOlm part of the application form. The term "Director" shall refer to the Community Services Director. B. The application for use shall be reviewed by the Director or hislher designee, who shall . make certain that it is complete and meets the following general standards and criteria. 1. The. ploposed fund-Iaisin~ ae.tivity must be re.c'reational in natme or have. a le.c,le.ational contc1J:t, and be. in ace.ordane.e. with the. ordinances of the Cit} and the le.gulations and policies established in colll1ection the.r e. with by the. City C01l11c,il and the. Community Scn ic,e.s Ad v isory Commission. Only non-profit 501c(3) corporations may host fairs. festivals. or other events requiring an admission fee and/or including vendor booths. 2. The. net ploceeds must be. used for the gcne.lal publie. bcttenllcnt, and not foI the prinlary advanee.ment 01 be.tteHl:lent of the applie.ant. No part of the. ne.t ploe.ceds may be. kept by arry applicant, w he.thcl an indi vidual, paJtnership, association, e.oIporation, 01 otheI e.ntity, induding its Offie.e.IS, offie.ials,. cmployee.s, agents, mehme.ls 01 vohmtee.rs. For profit vending outside of an event sponsored by a .non-profit organization as described above may be permitted at the discretion of the Director. Such permission would only be issued to self-contained, mobile vendors, i.e. hot dog and ice cream carts, and would take the form of a concession agreement. (Redding Municipal Code Section 2.55.120). Approved agreements must be with vendor at all times. EXGmpted from the Icquircnl{,l1t fol fmlds to be used foI the gel1clal public bctteullent, but 110t flOlh submittil1g applications fOI use. are.. . . SUBJECT RESOLUTION NUMBER POLICY NUMBER EFFECTIVE DATE . PAGE fOLICY 13 RE. CERTAIN.USES OF CITY P ARKS AND RECREATIONAL FACILITIES POR PUND-RAISING fu~nOSES. 1201 11/18/68 3 (a) The. Shasta County Arts COUlldl's use; of Old City Hall fark while l:lndGl lease. fiom the. City; (b) The; North Valle.y Ait Le.ague.'s c'l:llntlal Arts and Claft faile. at the Cottage Gallery while undcI lease. fioIn the. City, and (e.) The. Re.dding Muse.UIn of Art and IIistOlJl'S arllIual Arts and Claft: Paile. Ul Caldwell fCtIk, e.stablished in 19G5 and exempted plio! to the. fOlmation of foliey 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 7:00 a.m., and shall terminate no later than 1 :00 a.m. the day following. 4. Dxecssi v e lloise 01 v iolation of the hows of pcrmitted use Improper !lSe or behavior shall be grounds for the termination of an existing application for a permitted use, or, in the case. of a renewal applicatioh, shall be. grounds ful denying th~ lenewal application. the denial of any future application from that applicant. 5. No alcoholic beverages of any sort may be sold within the permitted use area by the applicant without first obtaining the express written approval of the City Marl<lger-. Director. 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 to the public. the applicant shall consult with and comply with any and all requirements of iusu ue.tiolls from 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 permitt<>-d use. 9. Any fodll of gambling 01 game. of chance as part of the. ploposed use. is plohibited, and the obser vation of any gambling 01 game of chance within the use Mca shall be grounds fOl the imll1c:.diate. tCIn.ination of the application for use. . . SUBJECT RESOLUTION NUMBER POLICY NUMBER EFFECTIVE DATE PAGE POLICY 1] RE. CERTAIN USES OF CITY PARKS AND RECREATIONAL FACILITIES POR FUND-RAISING PURPOSES. 1201 11/18/68 4 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. 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, its officers, officials, employees, agents and volunteers. 12. Evidence of general liability insurance and, if applicable, liquor liability, with limits of no lC55 than $1,000,000 pc,r OCCUHc,nc.c., shall be provided to the requirements set forth by the Risk Manager of the City prior to the event/use. The policies and any required endorsements 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 or his/her designee 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 imposed upon the proposed use. The Director may at his/her discretion require additional conditions to the permit. If there are costs associated with these coJLlditions. the cost would be the responsibility of the applicant. (a) Alcoholic, bevcrages ,,~il1 not be SCIvc,d. Approvcd applic,ations fOI use shall be signed by the Director. If the application for use is denied, the applicant shall then may appeal in writing to the Community Services Advisory Commission whose decision will be final. (b) Alcoholic. bc.ve.ragc,sl'~il1 be se.Ivc,d. Approvcd applications for use shall be. sig,llcd by the DiIe.c.tor. Ifth.e applic.atioh roruse is denied, the. applicant shall the.u appeal in w litiug to the. COl1Ul1WUry SCIv ie.e.s Ad v isory Commission. , . . . SUBJECT RESOLUTION NUMBER POLICY NUMBER EFFECTIVE DATE PAGE rOLICY 13 RE. CERTAIN USES OF CITY P ARKS AND RECREATIONAL FACILITIES POR PUND-RAISING rURI'OSES. 1201 11/18/68 5 C c) Alcoholic be v eIc:l.ge.s w ill be. sold. lEthe. applie.ant wishes to sdl alcoholic bcvclage.s, he must, in addition to thc lcquiIcmcnts of this policy, comply with the. plovisions of Redding Municipal Codc Section 10.20.040, rossession 01 Consumption of Alcoholic Deve.lage.s in City raIks, and obtain the apPlo-val of thc DilectOl ofComnmnity SelvicGs. Cd) Appeal to the Conummit} Sel vic.e.s Advisory Commission. If any applic.ation fu] use. is de.nie.d, aftcl having gone. tll10ugh the apPloval and appe.al plOc.e.sses outlined he.le, the. applic.ant may appe.al in wIiting to tile. Commnnit} SClviecs Ad v isory Commission:- Cc) Appe.al to City Council: If any applic.ation for use. is de.nicd, aftel having gonc tmough tllC~ apploval and l\ppe.al pIocesse.s outline.d hClc.in, tile. applicant may appeal in wIiting to the City Coulleil, whose decision shall be. fillal.- D. No approval application for use may be sold, assigned, transferred, or sublet without the prior written consent ofthe City first had and obtained; and nothing herein is 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 80-99 Resolution 95-168 Resolution 99-148