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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 6. Use Permits—Community Facilities |
| § 18-160. Community facility defined. |
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Latest version.
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For the purpose of this article, community facility means a building owned, leased or otherwise controlled by the city which is open to the public for reserved use. |
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(Ord. No. 2006-48, § 1, 12-19-06) |
| § 18-161. Negotiated agreements for recurring use. |
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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 community building facility in return for renovation or maintenance of the facility, provision of a particular program, or similar consideration. Such agreements shall require the approval of the city commission and shall constitute a permit for use of the facility. |
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(Ord. No. 2006-48, § 1, 12-19-06) |
| § 18-162. Permit and rental fees required for reserved use. |
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Latest version.
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Reserved use of community facilities shall require obtaining a use permit in accordance with division 3 of this article and payment of fees in accordance with section 18-103 and section 18-182. |
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(Ord. No. 2006-48, § 1, 12-19-06) |
| § 18-163. City sponsored uses. |
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Latest version.
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Any use of city facilities scheduled for city sponsored or co-sponsored uses shall be deemed a use for city purposes, and shall be exempt from fees, deposits and permit requirements listed herein. Such determination shall be made by the city manager. |
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(Ord. No. 2006-48, § 1, 12-19-06) |
| § 18-164. Uses for which community facilities may be reserved. |
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Latest version.
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(a) The following facilities may be reserved for the following uses on a space-available basis (1) James P. Austin Community Center (2) Tourist Club (3) Lake Wales Public Library Schoenoff Meeting Room (b) The facilities listed in paragraph (a) may be reserved for the following purposes: (1) Meetings or other non-profit activities of civic, educational or community service groups. (2) Governmental groups. (3) Meetings of professional associations. (4) Political activities as provided in section 18-167 (5) Limited membership groups, such as denominational groups, partisan political groups and labor organizations will not normally be permitted to use community facilities on a regular basis, but may apply in writing to the city manager for permission to use a facility for special occasions. (c) In addition to uses permitted in paragraph (b), the meeting room in the Lake Wales Public Library and the Tourist Club may be reserved for small private social gatherings. (d) In addition to uses permitted in paragraph (b), the James P. Austin Community Center may be reserved for small or large social gatherings such as weddings, dances, etc. |
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(Ord. No. 2006-48, § 1, 12-19-06) |
| § 18-165. Use of community facilities for commercial purposes prohibited. |
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(a) No person shall practice, carry on, conduct or solicit for any occupation, business, or profession in any community building; or sell or offer for sale any food, beverage, merchandise, article, or anything whatsoever in any community building. This prohibition does not apply to a non-profit organization charging a fee to attend an annual banquet, fund-raising event, or similar activity. (b) All programs must be open to the public at no charge. Requests by non-profit educational groups or institutions desiring to use community facilities for short-term classes, institutes, discussion groups and forums which involve small fees will be examined on an individual basis. Nothing may be sold to the public in a community building. (c) No person shall distribute, post, place or erect any advertising, handbill, circular, bill, notice, placard, paper, business card, or other advertisement device of a commercial nature in any community building. Publicity posters or flyers for community events sponsored by non-profit civic, educational or community service groups may be displayed on a bulletin board or other surface designated for such posters or flyers. (d) This section shall not apply to any person acting pursuant to a contract with the city for conducting a city-sponsored program or class for which a fee may be charged or pursuant to a special event permit granted by the city manager or city commission. |
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(Ord. No. 2006-48, § 1, 12-19-06; Ord. No. 2007-12, § 1, 5-1-07) |
| § 18-166. Use of community facilities for political activities. |
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Political activities shall be permitted within community facilities as set forth in this section. (1) Political activities which are open forum activities where all candidates for a particular office or group of offices are invited to participate on equal terms and where the public is invited to attend. (2) Organizational and business meetings of political activity committees, political committees and similar organizations which have not been formed to elect a single public officer or a group of public officers. (3) With respect to political activities which involve all the candidates for a particular office or group of offices, equal time will be given to each candidate attending such activity. |
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(Ord. No. 2006-48, § 1, 12-19-06) |
| § 18-167. General rules and regulations for reserved use of community facilities. |
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(a) Reservations/Application. (1) Facilities may be reserved for use between the hours of 8 a.m. and 12:00 midnight. (2) Community facilities may be reserved and used on a specific date for a specific period of time upon submittal of an application on a form provided by the city in accordance with section 18-102 of this article. Such application shall be filed with the city employee responsible for coordinating use of the facility as follows: A. Applications for use of the library meeting room shall be filed with the library director in accordance with procedures provided by the library director. B. Applications for use of community facilities other than the library shall be filed with such designee as may be provided from time to time and recorded in written procedures for reservation of the facility. (3) All fees must be paid prior to use of the facility. If paid by check, all fees are payable in full no later than fourteen days prior to the event. Cash payment will be required if fees are paid less than fourteen days prior to the event. (4) A reservation fee shall be charged at the time the facility is reserved that will roll over into a damage deposit at the time of the event and be refunded if there is no damage and the facility has been satisfactorily cleaned up after its use. The balance of the fee must be paid no later than fourteen days prior to use of the facility. Fees will be paid for reservation of community facilities in accordance with section 18-182 and section 18-103 of this article. A use permit shall not be issued if all required fees have not been paid. (5) Reservations shall be made no less than forty-eight (48) hours in advance and no more than six (6) months in advance for a community facility that will be reserved for use during normal operating hours of the facility except that any group requesting use of the library meeting room shall make a reservation in accordance with procedures provided by the library director. (6) Reservations shall be made no less than one (1) week in advance and no more than six (6) months in advance for a community facility that will be reserved for use outside of normal operating hours of the facility except as follows: A. Any group requiring use of the James P. Austin Community Center where such use will involve the consumption of alcoholic beverages shall submit an application no less than two (2) weeks in advance of the date for which it will be reserved. B. Any group requiring use of any community facility for an activity that requires the provision of liability insurance shall submit an application no less than two (2) weeks in advance of the date for which it will be reserved. C. Any group requesting use of the library meeting room shall make a reservation in accordance with procedures provided by the library director. (7) Use of the James P. Austin Community Center outside of normal operating hours for each facility shall require the presence of at least one (1) city employee to supervise the use of building. At the discretion of the City Manager or his designee, use of the Tourist Club may require the presence of at least one (1) supervisory employee. A. 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. B. The city manager is authorized to waive the requirement for a supervisory employee 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. (8) Reservations shall be made by written application except for reservations of the library meeting room which may be made by phone. (9) All applicants must be 21 years of age or older and must be present throughout the entire use of the facility. (10) Reservation of the facility is normally limited to one reservation per month by any one group. Exceptions may be approved by the city employee responsible for coordinating use of the facility on a space available basis. (11) Rental hours must include time needed for delivery of supplies, set-up of tables and chairs and cleanup. (12) The city reserves the right to deny any facility use request in accordance with standards for issuance of permits as provided in section 18-104 of this article. (b) Alcoholic beverages. Alcoholic beverages are prohibited in all community facilities except the James P. Austin Community Center. Consumption of alcoholic beverages in the community center will be permitted only with the following conditions: (1) Fees shall be paid to the city for provision of a minimum of two (2) law enforcement officers for the duration of the event except as follows: A. The following uses are exempt from the requirement for law enforcement officers when alcoholic beverages are consumed during an event: i. Dinners, lunches, brunches, etc. ii. Repasts following a funeral or memorial service B. The following uses are required to provide one (1) law enforcement officer when alcoholic beverages are consumed during an event: i. Wedding receptions ii. School reunions iii. Family reunions iv. Annual barbeques, get-togethers, etc The city manager is authorized to waive the requirement for a law enforcement officer 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. C. For uses not included in paragraph A. and B. of this section, the city manager may require more than two (2) law enforcement officers when alcohol will be consumed if, in his sole discretion, the event warrants additional security measures. D. In lieu of paying fees to the city for the provision of law enforcement officers, the sponsor of the event may, with the prior approval of the city manager and the police chief, provide private security for the event. (2) Consumption of alcoholic beverages shall be prohibited at events where minor children are present except as provided in sub-paragraph (1)A. of this paragraph or at a wedding reception where a champagne toast is served. Violations shall result in closure of the event and loss of deposit. (3) Consumption of alcoholic beverages shall not be permitted in parking lots or other outside areas. (4) If a permit is issued for a non-alcoholic event and alcohol is found on the premises, the police will shut down the event and no deposit will be refunded. The term on the premises shall include parking lots and all surrounding exterior public property. (5) If an event is shut down by the police for any reason, the clean-up/damage deposit will be forfeited. (c) Smoking. Smoking is prohibited inside any community facility or outdoors near the entrance to any community facility. (d) Food and drink. Food and drink are permitted only in areas designated for that purpose in any community facility, and such areas shall be identified in written policies promulgated for use of the facility. (e) Supervision of minors. Adults must supervise groups composed of minors in a ratio of one adult to every five minors. Adult supervisors shall be named on the permit application. (f) Use of facility equipment. (1) The city may charge a fee for the rental of equipment including tables and chairs. (2) The permittee is responsible for arranging tables and chairs for their specific purpose and returning the tables and chairs to their stored or original location/configuration. Tables and chairs are to be used indoors only and only for the specific use for which they are intended. At no time should anyone stand on tables or chairs or sit on tables. Any need for tables and chairs in excess of what is available at a particular facility shall be provided by the permittee. (3) Use of equipment that is available for reservation in a specific facility shall be reserved when the application is filed. A list of equipment available for reservation will be provided with written procedures for the reservation of that facility. The city may charge a fee for the rental of equipment. (4) All equipment and materials not belonging to the city must be removed at the end of each scheduled use. There are no facilities available for storage of equipment or materials used for meetings. (g) Use of decorations. (1) In facilities where reservations for social events are permitted, any decorating, or covering of, or changes to the facilities shall be discussed at the time of application. The permittee shall be responsible for putting up any decorations and all other special preparations necessary for the function. All decorations shall be removed at the conclusion of the function. Permittee shall be responsible for the removal of all decorations, special preparations, and permittee's personal property, owned or rented. (2) All decorations must be flameproof or fire retardant. (3) All decorations must be applied with masking tape. The use of cellophane adhesive tape, nails, staples, screws, etc. is not allowed on walls or ceilings. Staples and pushpins are allowed only on tackstrips and bulletin boards. All tape and string must be removed from all surfaces and equipment at the conclusion of the event. (4) Decorations may not be hung from light fixtures, ceiling, heat detectors, emergency lights, or acoustical wall/ceiling tiles. Decorations may not be applied to wood floors. (5) All plants, trees and shrubs must be in waterproof containers and must be carefully placed so as not to damage floors or tables or block exits. (6) No open flames, such as lighted candles, are allowed. (7) No foreign substance may be applied to the floor. (8) No rice, birdseed, confetti, etc. is permitted in the facilities or on surrounding sidewalks and parking lots. (h) Liability for damage to facility/Requirement for insurance. (1) The permittee shall be responsible for any all damage to the facility premises and property therein and shall be responsible for all actions, behavior and damages caused by their guests or attendees. (2) The city is not responsible for accidents, injury, illness or loss of group or individual property. (3) Prior to issuance of the permit, all approved applicants shall execute a Hold Harmless/Indemnification Agreement releasing the City of Lake Wales of all liability from activities conducted in community facilities. (4) If, in the sole discretion of the city manager, the use of a community facility involves significant risk of loss to the city, the permittee shall be required to provide satisfactory evidence of liability insurance naming the City of Lake Wales as additional insured in accordance with section 18-111 of this article. (i) Cancellations/Refunds. In the event that cancellation of an approved reservation is necessary, the cancellation and refund of any fees already paid will be handled in accordance with section 18-103 of this article. (j) Clean-up/Damage deposits. All reserved use of a community facility shall require a clean-up/damage deposit. An inspection of the facility shall be conducted with the permittee prior to the reserved use. Any costs incurred by the city to restore the facility to its condition prior to the use, including the cost of labor to clean or repair the facility, shall be deducted from the deposit. The permittee shall be required to reimburse the city for repair and clean-up costs in excess of the deposit. Clean-up/Damage deposits will be fully reimbursed within 30 days of the use if cleanup is acceptable and no damage is noted to the facility, equipment or furnishings. |
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(Ord. No. 2006-48, § 1, 12-19-06; Ord. No. 2010-01, § 1. 1-19-10) |
| § 18-168. Closure of community facilities. |
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Latest version.
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(a) The city manager may close any community facility when such facility needs to be reconstructed, renovated, refurbished, repaired or maintained, or when the facility needs to be closed because of a hazardous condition that poses potential danger to citizens or city employees. (b) Community facilities will be closed for private rentals on the following holidays: (1) New Year's Day (2) Martin Luther King Birthday (3) Easter (4) Mother's Day (5) Father's Day (6) Independence Day (7) Labor Day (8) Thanksgiving Day (9) Christmas Day (c) Community facilities will be closed during the following special events: (1) Mardi Gras (2) Pioneer Days weekend |
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(Ord. No. 2006-48, § 1, 12-19-06) |
| § 18-169. Rules for use of specific community facilities. |
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Latest version.
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In addition to enforcement of general rules provided by sections 18-82 and 18-167, the city manager or his designee may prescribe reasonable rules for enforcement in specific community facilities. All such rules shall supplement and be consistent with rules provided by this article. All specific rules shall be posted in a conspicuous place at the facility where the rules apply. |
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(Ord. No. 2006-48, § 1, 12-19-06) |
| § 18-170. Endorsement not implied. |
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Latest version.
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The fact that a group is permitted to meet in a community facility does not constitute an endorsement of the group's policies or beliefs by the City of Lake Wales. |
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(Ord. No. 2006-48, § 1, 12-19-06) |