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Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
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Code of Ordinances |
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Chapter 18. Streets, Sidewalks And Other Public Places |
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Article V. Parks, Recreation And Other Community Facilities |
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Division 5. Use Permits—Recreation Facilities |
| § 18-130. Recreation facility defined. |
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Latest version.
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For the purpose of this article, recreation facility means a building, structure, field, court, or park which has organized recreational activities for teams and individuals or which provides active facility sites for non-organized leisure play. Recreation facilities include, but are not limited to, ballfields, tennis courts, shuffleboard courts, playgrounds and the Albert Kirkland Sr. Gymnasium. |
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(Ord. No. 2006-48, § 1, 12-19-06) |
| § 18-131. Negotiated agreements for recurring use. |
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Latest version.
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Nothing in this article shall prohibit the city from entering into a negotiated agreement with any person or organization for recurring use of a city recreation facility in return for renovation or maintenance of the facility, provision of a particular recreation program, or similar consideration. Such agreements shall require the approval of the city commission. |
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(Ord. No. 2006-48, § 1, 12-19-06) |
| § 18-132. Permit required for reserved use. |
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Latest version.
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Except as provided in section 18-131, reserved use of recreation facilities shall require obtaining a use permit in accordance with division 3 of this article. Applications for use permits shall be submitted no less than two (2) weeks in advance of the date of the activity and no more than six (6) months in advance. |
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(Ord. No. 2006-48, § 1, 12-19-06) |
| § 18-133. Prohibited activities. |
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Latest version.
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(a) No act prohibited by section 18-82 of this article shall be permitted in city recreation facilities, including the sale or consumption of alcoholic beverages. (b) No person shall conduct or participate in any sport or in any organized athletic activities within any recreation area other than in such areas as may be designated for such sports, games or athletic activities, or in any areas where the city has posted signs prohibiting such activities. |
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(Ord. No. 2006-48, § 1, 12-19-06) |
| § 18-134. Sales and commercial uses. |
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Latest version.
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Authorized user groups which desire to use concession stands or other facilities for fund raising purposes shall be allowed to do so subject to policies and fee requirements contained herein. Proposed uses which are determined by the city to be solely a commercial undertaking and without educational, recreational or cultural benefit to the community shall not be allowed on the premises of public facilities. |
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(Ord. No. 2006-48, § 1, 12-19-06) |
| § 18-135. Closure of facilities. |
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Latest version.
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The city manager may close any park, field, or other recreation area or facility when such an area or facility needs to be reconstructed, renovated, refurbished, repaired or maintained, or the area or facility needs to be closed because of a hazardous condition that poses potential danger to citizens or city employees. |
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(Ord. No. 2006-48, § 1, 12-19-06) |
| § 18-136. Denial of facility use. |
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Latest version.
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The city shall have the authority, based on cause, to deny use of all or any portion of a facility to any group or individual who has abused the privilege of facility use, including failure to comply with the general policies and rules governing the use of city parks and recreation facilities. |
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(Ord. No. 2006-48, § 1, 12-19-06) |
| § 18-137. League use. |
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Latest version.
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(a) General usage requirements. (1) Leagues shall sign a facility usage agreement on a form provided by the city incorporating the provisions of this section. Said agreement shall be valid for a single season, and a new agreement shall be executed before the start of each season. (2) The league shall provide a league representative and alternate representative to act as a liaison with the city. Designated representatives shall serve for a full season. (3) The league will submit a typed list with the names, addresses, and phone numbers of all board members before the start of the current season. (4) During the term of the facility usage agreement, the league, at its own expense, shall keep in force comprehensive liability insurance from an insurance company licensed in the State of Florida and acceptable to the city. Insurance shall be provided with a minimum limit of one million dollars ($1,000,000.00) per occurrence combined single limit to include: Premises operations, independent contractors, products, completed operations, broad form contractual, and personal injury. A certificate of insurance, naming the City of Lake Wales as an additional insured, along with an endorsement, shall be submitted to the city for approval no later than fifteen (15) calendar days prior to the initial use covered in the facility usage agreement. A 30-day written notice of cancellation is required. (5) A board member representing the league shall be present at all league activities on city facilities. The representative shall maintain control of coaches, referees, participants, spectators, lights and cleanliness of facility. (6) The league shall provide all staff and equipment essential to the proper operation of the program. (b) Maintenance and repair of facilities. (1) The city is responsible for the general maintenance of all electrical, plumbing, potable water and structural related repairs at each facility. The league shall not be authorized to perform any repairs without the express permission of the city. (2) Damaged city property or city property in need of repair shall be immediately reported to the city. (3) The league shall be responsible for the maintenance inspection of field safety prior to use by any individual participant or coach. Responsibilities include, but are not limited to: a. Maintenance and operation of scoreboards. b. Placing of debris in proper containers after each event. c. Keeping restrooms free of litter. (4) Any and all authorized improvements made to the buildings or property become the property of the City of Lake Wales. (c) Concessions. (1) The league shall obtain certification as required by the department of health and rehabilitative services for the operation of the concession stand. All certificates shall be posted in a conspicuous location in the concession building. A copy of certificate shall be forwarded to the city for file purposes. (2) The league will provide and assure certification of a concessions manager to monitor food preparation, protection and health practices. A copy of the certificate shall be forwarded to the city for file purposes. (3) The city shall inspect and approve all electrical appliances used by the league for electrical safety. Appliances discovered to be substandard or found to be violating standards or codes shall be removed to reduce liability. Repaired appliances may be used upon inspection and approval of the city. (4) The league shall be responsible for the overall cleaning and operation of concession stands. |
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(Ord. No. 2007-46, § 1, 9-18-07; Ord. No. 2012-24, § 1, 12-4-12) |
| § 18-138. League Background Checks |
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Effective on Tuesday, April 19, 2022
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(a) General Background Check Requirements (1) Applicability (a) The provision in this section shall apply to any coach, assistant coach, or other person who has or may have contact with any participating minor, hereinafter “applicable person,” within an organization seeking use of any City-owned facility, on a regular basis, that provides recreational or educational activities for minor children, hereinafter “requesting organization.: Use on a “regular basis” shall be evidenced by a contract for use or a pattern performed by the requesting organization. The characterization of a “regular basis” shall be made at the discretion of the Recreation Director / Manager. (2) Requirement for Background Check (a) As of the effective date of this policy, prior approval for the use of any City-owned facility, all requesting organizations shall submit to the City’s Recreation Department evidence of completion of the required background checks for all applicable persons. The required background checks shall be conducted, with the responsibility of the cost to be borne by the requesting organization. (3) Criteria for Background Checks (a) Background checks shall include a search for arrests for all of the following: (i) All Sex Offenses (4) Exclusion from Coaching or Supervising Minors (a) A conviction or a plea of Guilty or No Contest (regardless of adjudication) for the following offenses: (i) All Sex Offenses (5) Penalties (a) Failure to comply with the requirement to conduct background checks or to exclude ineligible persons from coaching or having contact with participating minors, shall preclude the requesting organization from using any City-owned facility. (b) Severability (1) If any section or portion of a section or subsection of this chapter proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or portion of a section or subsection or part of this chapter. (c) Conflicts (1) All City policies conflict herewith are hereby repealed. |
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(Ord. No. 2022-10, § 1, 4-19-22) |