Division 3. Use Permits—General Provisions, Article V. Parks, Recreation And Other Community Facilities, Chapter 18. Streets, Sidewalks And Other Public Places, Code of Ordinances, Lake Wales

Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)

Code of Ordinances

Chapter 18. Streets, Sidewalks And Other Public Places

Article V. Parks, Recreation And Other Community Facilities

Division 3. Use Permits—General Provisions

§ 18-101. Permits to be issued in accordance with this division.

Latest version.

Any park or facility use permits required by this article shall be issued in accordance with the procedures, standards and conditions provided in this division. A permit issued by the city manager or his designee and accepted by signature of the permittee shall constitute a contract for use of the park or facility.

(Ord. No. 2006-48, § 1, 12-19-06)

§ 18-102. Application for permits.

Latest version.

(a) All requests for permits required under this article shall be made in writing, upon an application form to be furnished by the city, which shall require the following information:

(1) The name and address of the applicant proposing or sponsoring the activity involved. Photo identification may be required.

(2) The type of permit requested and the purposes or activity proposed thereunder.

(3) The date and hours for which the permit is desired.

(4) The specific park area or facility for which the permit is requested.

(5) The proposed number of persons who will attend or participate in the activity involved.

(6) The number of youths who will attend or participate in the activity involved and the name of adults who will be present to chaperone.

(7) Whether or not alcohol will be served.

(8) A statement of any special circumstances which are material to the permit requested.

(9) Such other relevant information as the city manager or his designee may reasonably require in regard to the application.

(b) Applicants may be required to provide liability insurance in accordance with section 18-111 if, in the sole discretion of the city manager, the requested use of the facility represents a significant risk of loss to the city.

(d) The permittee listed on the park or facility use permit as "person in charge" shall be responsible for the condition of the park or facility after its use. All other conditions listed on the park or facility use permit shall apply.

(Ord. No. 2006-48, § 1, 12-19-06)

§ 18-103. Permit fees for reserved use.

Latest version.

(a) The city is authorized to establish fees for reserved use of park, recreation and community facilities and to offset the cost to the public for additional services provided by the city in connection with such use. Such fees are established in section 18-182 of this article and may be amended by ordinance from time to time.

(b) A fee will not be charged for use of a facility for city sponsored or co-sponsored programs or events.

(c) A reservation fee shall be charged at the time the facility or park is reserved that will roll over into a damage deposit at the event and be refunded if there is no damage and the facility or park has been satisfactorily cleaned up after its use. The balance of the fee must be paid prior to use of the park or facility in accordance with requirements of the applicable section of this ordinance.

(1) Use of the Northwest Complex outside of normal operating hours for each rental shall require the presence of at least one (1) city employee to open and close the facility and activate overhead lighting. The cost of the employee shall be paid by the person or group reserving the facility and the hourly rate to be charged shall be calculated as follows: the employee's current hourly rate multiplied by 1.5 (time-and-one-half) plus the cost of the city's FICA and pension contribution.

(2) If the rental of the Northwest Complex Fields requires that the field(s) be prepared and lined the cost of the preparation and lining of the field and a $5.00 administrative fee shall to be charged.

(3) Use of the overhead field lighting at the Northwest Complex ball fields shall require a lighting usage fee and the cost shall be paid by the person or group reserving the field(s).

(d) If cancellation of an approved reservation is necessary, it is the permittee's responsibility to provide immediate written notification of such intent to cancel use.

(e) Cancellations will only be accepted from the permittee (the person who signed the reservation application) and not from anyone else acting on behalf of the permittee.

(f) In the event of a cancellation, refund of the reservation fee will be handled as follows:

(1) If 30 days or more remain before the date for which the facility is reserved, 100% of the reservation will be refunded less a $5.00 administrative fee.

(2) If fewer than 30 days but more than 14 days remain before the date for which the facility is reserved, 50% of the reservation fee will be refunded except where the amount to be refunded is less than the $5.00 administrative fee.

(3) If less than 14 days cancellation notice is provided, the city will retain the entire reservation fee.

(Ord. No. 2006-48, § 1, 12-19-06; Ord. No. 2010-24, § 1, 10-19-10)

§ 18-104. Deadline for submittal of permit applications.

Latest version.

Deadlines for submittal of permit applications prior to the date of a particular use shall be established for each type of facility; however, any use requiring approval as a special event or which requires a temporary street closing shall require that the application be submitted no later than forty-five (45) days prior to the event in accordance with Lake Wales Code Chapter 14. The city manager may waive this deadline for extenuating circumstances, but sufficient time must remain before the event for staff review of the application and for submittal to the city commission for approval, if required.

(Ord. No. 2006-48, § 1, 12-19-06)

§ 18-105. Standards for issuance of permits.

Latest version.

(a) If the park area or facility will be available for use on the date and time requested, and is not subject to a prior reservation, the city manager or his designee shall issue a permit under this article when he finds the use applied for to be in accordance with the purpose for which such park or facility property is designed or intended, and further that the proposed activity will not unreasonably interfere with or detract from the general public enjoyment of the remaining park or facility area, or interfere with or endanger public health, welfare or safety, or be reasonably calculated to incite violence, crime or disorderly conduct on the part of the participants or entail unusual, extraordinary or burdensome expense for supervision, maintenance, cleanup or police protection by the city. In the event of scheduling conflicts, i.e., when an application is submitted by two or more persons at the same time for the same facility, priority shall be given to city residents.

(b) Eligibility for permitted use of parks and facilities is limited to activities which are free and open to residents of the city without regard for sex, age, race, religion or national origin.

(Ord. No. 2006-48, § 1, 12-19-06)

§ 18-106. Conditions of permits.

Latest version.

(a) Permits will be issued under this article subject to such special regulations and instructions as may be prescribed by the city manager including, but not limited to:

(1) Restrictions on the number and other designations of persons who may participate in such permitted activities.

(2) Restrictions on the days of the week and the time of day that the particular facility may be used by the permittee.

(3) Provisions for maintenance by the permittee of the sanitation, cleanliness, and appearance of the facility. At times, portable restrooms may be required for special events.

(4) Provisions for security and the maintenance of law and order, including compliance with noise, parking, safety and other appropriate regulations. It is at the city's discretion to require security on the premises to enforce the policies of facility use. If security is deemed necessary, it is the responsibility of the user group or individual to reimburse the city for costs incurred in providing such security.

(5) Restrictions on the installation of apparatus or modification in any manner, either temporary or permanent, by the permittee to a sports field or adjacent structures.

(6) Requirements that all applicable fees shall be paid prior to use, unless other payment arrangements have been authorized.

(7) Requirements that a certificate of insurance in accordance with section 18-111, naming the city as the additional insured, must be on file at the city prior to any permit being approved.

(b) Permittees shall be bound by all park and facility rules and regulations and all applicable ordinances as fully as though such rules, regulations and ordinances were inserted in the permit.

(c) Permittees agree to hold the city harmless from any claims for loss, injury or damage to any persons whatsoever caused by the negligence of permittees in the exercise of such permit.

(Ord. No. 2006-48, § 1, 12-19-06)

§ 18-107. Approval or denial of permits.

Latest version.

A permit shall only be approved by the city manager or his designee in accordance with this article and any written rules and regulations specific to the facility. All such permits must be granted contingent upon the condition that rules, regulations and ordinances established by the city, or any other public entity having jurisdiction, will be observed. A decision by the city manager to deny a permit will be final.

(Ord. No. 2006-48, § 1, 12-19-06)

§ 18-108. Revocation of permit.

Latest version.

The city manager shall have the authority to revoke a permit upon finding a violation of any rule or ordinance, or upon good cause shown. Revocation of a permit shall result in the forfeiture of the damage deposit.

(Ord. No. 2006-48, § 1, 12-19-06)

§ 18-109. Term of permit.

Latest version.

All permits issued under this article shall expire on the date specified therein.

(Ord. No. 2006-48, § 1, 12-19-06)

§ 18-110. Transfer of permit.

Latest version.

No permit issued under this article shall be transferable.

(Ord. No. 2006-48, § 1, 12-19-06)

§ 18-111. Liability insurance required for certain uses of city parks and facilities.

Latest version.

(a) The city shall require each organized activity taking place at any city facility to have insurance for said activity. Permittee shall procure and maintain for the term of the permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the activities described hereunder performed by the permittee, his agents, representatives, or employees. Except where otherwise specified in this ordinance, insurance shall be provided in an amount to be determined by the city manager. Insurance is to be placed with insurers authorized to do business in the state and acceptable to the city. This may not apply for infrequent use; however, a one-time special event shall be subject to this requirement. For the purpose of this ordinance, the term "organized activity" shall apply to sporting events and competitions, special events, exhibitions or shows, concerts, performances, camps, fairs, programs and other such activities involving the assembly of fifty (50) or more participants, spectators or other persons at any city park or facility for a common purpose under the direction and control of a person or group of persons. The city manager is authorized to waive the requirement for liability insurance when the applicant for a use permit is a regular user of the facility or an established not-for-profit group with no history of misuse of the facility. The city manager is also authorized to require liability insurance for an activity when not specifically required above if, in his opinion, the activity represents a significant risk to the city.

(b) The certificate of insurance, naming the city as the additional insured along with an endorsement, is to be submitted prior to permit authorization or execution of a negotiated use agreement. A 30-day written notice of cancellation clause is required.

(c) Where insurance is determined to be required for a particular use of a city facility or a one-time special event, the city is authorized to provide insurance for that use or event through the city's insurance provider as an alternative to the private purchase of such insurance. The person or organization requesting the permit will be required to reimburse the city for the cost of such insurance prior to issuance of the permit.

(Ord. No. 2006-48, § 1, 12-19-06)