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HomeMy WebLinkAboutOrdinance 11- 1801 revise Chapter 12.26 Use of Parks and Recreational Facilities and Park PermitsORDINANCE NO. 1801 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE BOZEMAN MUNICIPAL CODE BY GENERALLY REVISING CHAPTER 12.26 TO INCLUDE PROCESSES AND STANDARDS RELATED TO USE OF PARKS AND RECREATIONAL FACILITIES AND FOR THE ISSUANCE OF PARK PERMITS AND PROVIDING FOR ENFORCEMENT AND PENALTIES. NOW THEREFORE BE IT ORDAINED by the City Commission of the City of Bozeman, Montana that: Section 1 That the table of contents for chapter 12.26 of the Bozeman Municipal Code shall be amended to read as follows: "Chapter 12.26 PARK REGULATIONS Sections: 12.26.010 Intent. 12.26.020 Definitions. 12.26.030 Park prohibitions. 12.26.040 Park Use / General Standards for Reserving a Park or Recreational Facility 12.26.050 Park and Recreational Facility Reservation Permits/ Application/Alcohol Waiver. 12.26.060 Standards of Issuance of Reservation Permit. 12.26.070 Sale of Articles or Services within a Park or Recreational Facility Permits. 12.26.080 Requirement for Liability Insurance, Bonding or Other Security/Clean Up Deposit. 12.26.090 Revocation of Permit. 12.26.100 Fees. 12.26.110 Hours of Operation of Parks. Ordinance 1801 - Final Adoption Page 1 of 15 12.26.120 Traffic Control. 12.26.130 Regulations Pertaining to Wheeled Recreational Devices. 12.26.140 Skateboard Facility Regulations. 12.26.150 City Commission — Park Development. 12.26.160 Enforcement. 12.26.170 Violations, Penalties. 12.26.180 Appeal Procedure. 12.26.190 Judicial Review." Section 2 That 12.26.010 of the Bozeman Municipal Code is hereby to be amended as follows: 11 12.26.010 Intent. The provisions of this chapter shall apply to all park lands in the city, whether dedicated, deed, or otherwise acquired for park purposes and to all facilities designated for city recreational purposes. Each application for use of a park or recreational facility shall be reviewed on a case by case basis. This chapter seeks to impose reasonable time, place and manner controls in an appropriate and limited manner upon events and facility uses for which permits are required. This chapter shall be administered in a manner that seeks to allow for expression, assembly, and the exercise of religious rights in accordance with applicable constitutional and statutory limits and controls." Section 3 That 12.26.020 of the Bozeman Municipal Code is hereby amended to read as follows: "12.26.020 Definitions. The following words and phrases, when used in this chapter, shall have the meaning given herein. A. "Aggrieved Person" means a person who can demonstrate a specific, personal and legal interest in the final decision of an application for a permit issued under this chapter, as distinguished from a general interest such as is the concern of all members of the community, and which interest would be specifically and personally prejudiced by the decision or benefited by its reversal. B. "Animal" shall have the meaning stated in 6.04.010. C.. "Director" shall mean the director of parks and recreation. D. "Domestic animals" are those which live in or about the habitations of people or which Ordinance 1801 - Final Adoption Page 2 of 15 contribute to the support of people and include but are not limited to the following: Horses, cows, sheep, ducks, geese, chickens, dogs, cats, goats, and other tamed animals. E. "Fireworks" shall have the meaning stated in 18.12.010. F. "Park" is a park, playground, recreation complex, or any other area in the city, developed or undeveloped, owned or used by the City, and devoted to active or passive recreation. G. "Public assembly" means any meeting, march, demonstration, picked line, rally, or gathering of more than seventy-five (75) persons for a common purpose as a result of prior planning that affects or may reasonably be expected to affect the normal flow or regulation of pedestrian or vehicular traffic within a park or recreational facility, or occupies any park or recreational facility in a place open to the general public. H. "Recreational Facility" means a building, structure, place or other location within a park or under the management of the City 1. "User group" is any group or organization that is given use of a park for an extended period of time through a Park User Group Agreement. J. "Vehicle" is any device in, upon or by which any person or property may be transported or drawn including snowmobiles. The term shall include any trailer in tow of any size, kind or description. Exception is made for bicycles, baby strollers and carriages, wheelchairs, and vehicles in the service of the City Parks and Recreation division." Section 4 That 12.26.030 of the Bozeman Municipal Code is hereby amended to read as follows: "See. 26.02.030. Park prohibitions. It is unlawful for any person in a park or in or adjacent to a recreational facility to: A. Mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, grills, railings, paving or paving material, water lines, equipment, signs, drinking fountains, swimming or wading pools or other park or recreational facility property, improvements or appurtenances whatsoever, real or personal; B. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the restrooms and washrooms designated for the opposite sex; Ordinance 1801 -- Final Adoption Page 3 of 15 C. Dump dirt, grass and tree clippings or dig, remove, plant or deposit any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials, or make any excavation by tool, equipment or other means or agency except as authorized by the director; D. Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public utility into, upon or across park or recreational facility property, except on special written permit issued hereunder; E. Damage, cut, carve, mark, transplant or remove any plant, or injure the bark, dig in or otherwise disturb grass areas, or in any other way injure the natural beauty or usefulness of any area; F. Climb any tree or walk, climb, stand or sit upon buildings, monuments, statues, vases, planters, fountains, railings, fences or upon any other structure not designated or customarily used for such purpose; G. Attach any rope, cable, structure, device or other contrivance to any tree, fence, railing, bridge, bench, building or other structure unless otherwise posted. This prohibition does not include locking bicycles to the foregoing mentioned structures as long as no damage is done to the structure and so long as the bicycle does not interfere with the use and enjoyment of the park by others, and so long as the bicycle is not locked to the structure for a period of time not to exceed 24 hours; H. Litter or fail or refuse to deposit litter in provided garbage receptacles. Where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere; 1. Break glass objects and then fail to remove broken glass and safely dispose of the broken glass in such fashion so as not to cause injury to persons or property; Cause or permit any domestic animal to run loose, or fail to keep such animal under restraint, in any park or other open space area designated by the commission as an area requiring restraint. Further, every owner or person having custody of said dog or other animal shall remove and properly dispose of the animal's solid waste (fecal material); K. Tie or hitch an animal to any tree or plant; L. Pasture or pen any animal, domesticated or wild, except as authorized by the director; M. Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, nor remove from the park or have in his possession any animal, or the eggs or nest, Ordinance 1801 - Final Adoption Page 4 of 15 1 or young of any animal. Exception to the foregoing is made in that snakes known to be poisonous may be killed on sight. Exception is further made to fishing where allowed by the Montana Department of Fish, Wildlife and Parks. This regulation does not apply to officers of state or local government duly acting within the course and scope of their duties; N. Ride a horse except on designated horse trails; O. Start a fire except in facilities installed and provided for such purpose, or to fail to completely extinguish a fire upon leaving the park; P. Camp overnight except in designated camping areas; Q. Display, offer to sell, or sell any article or service without first obtaining a permit from the director pursuant to this chapter; R. Bring or discharge any firearm, air gun, bow and arrow, slingshot, atlatl, spear, boomerang or any other form of potentially dangerous weapon into a park or recreational facility; S. Be in a park or recreational facility after being closed, either because of the night closure or closure following public notice or posting; T. Possess or bring fireworks into a park or adjacent to a recreational facility, or cause the fireworks to be ignited or exploded in a park or adjacent to a recreational facility; U. Skateboard, roller-skate, in-line skate, ride a bike or similar recreational device with wheels on any tennis court or in any drained swimming pool; V. Operate a skateboard, roller-skate, in-line skate, or ride a bike or similar recreational device with wheels on or against any city -owned table, bench, structure, tennis court, bike rack, parking stop, retaining wall, fountain, statue, railing, stage, or other improvement which may suffer damage by such use; W. Operate a skateboard, roller-skate, in-line skate, or ride a bike or similar recreational device with wheels on or in any pavilion, except as authorized by 12.26.130; X. Practice golf with real golf balls in any park;,ff Y. Drive, operate or park any vehicle or trailer on park lands or trails, except as authorized by the director-.; Z. Within any park, paint trees, bushes, buildings, parking lot surfaces, or sidewalks; Ordinance 1801 — Final Adoption Page 5 of 15 AA. Allow an animal, other than service animals, in a recreational facility. The Director may create additional prohibitions which may be applicable to one or more parks or recreation facilities." Section 5 That 12.26.040 of the Bozeman Municipal Code is hereby amended to read as follows: "Section 12.26.040 Park Use / General Standards for Reserved Use of a Park or Recreational Facility. The following standards apply to the use, including the reserved use, of all parks and recreational facilities: A. Unless reserved according to the park reservation procedure established in 12.26.050, the use of the park or portion thereof by the public shall be on a first-come, first-served basis. B. Only parks and recreational facilities designated by the Director may be reserved for exclusive - use. C. Tents, canopies, inflatable structures. Approval must be granted by the Director for the use of, and prior to the assembly of, any tents, canopies, shade structures, inflatable toys, etc. within a park. D. Public Address or Sound Systems. 1. Public address and/or sound systems may be used within parks with the approval of the Director. The sound system cannot be used for more than three (3) consecutive hours in any park except as provided in 12.26.040.D.2. The use of amplified sound shall be limited to the hours between 12 p.m. (noon) and 9:00 p.m. 2. Bogert Park. Public address and/or sound systems may be used within Bogert Park with the approval of the Director. 'The sound system cannot be used for more than two (2) consecutive hours. The use of a sound amplification system is limited to the hours between 12:00 p.m. (noon) and 9:00 p.m., Monday through Saturday. Amplified sound is prohibited in Bogert Park on Sundays. 3. Music may be played inside a structure located in a park or in a recreational facility as long as it cannot be heard outside the structure. All music shall end by 10:00 pm. E. Marking the Grounds. Approval shall be obtained from the Director prior to the use of any turf paint within any park. Only water based turf paint shall be used on any turf. Only chalk shall be used on impervious surfaces such as sidewalks and asphalt. Ordinance 1801 — Final Adoption Page 6 ,of 15 F. Park User Group Agreements. The Director may enter into agreements with various Park User Groups, with the fee for such agreements established by the Director. 1. Admission fees may be charged for events held in conjunction with a Park User Group Agreement if approved by the Director and listed in the Agreement. 2. Articles, food, beverages or service maybe sold for events held in conjunction with a Park User Group Agreement, if so noted in the Agreement, F. Parking spaces at a park or recreational facility are not reserved with a park reservation permit, and all parking is on a first come, first served basis. Park reservation permits may be denied if available parking is inadequate for the number of participants expected, G. The Director may require a person holding a reservation permit to provide a power generator. The use of a power generator is subject to the restrictions in 12.26.040.D, H. The Director may require a person holding a reservation permit to provide portable toilet facilities. The Director shall determine how many such facilities are needed and the time frame in which they must be present. If the facilities are not removed within the timeframe established, the City may remove them and all costs associated with removal shall be charged to the applicant. 1. Admission fee to a permitted event cannot be charged without written approval from the Director. J. A person holding a reservation permit shall pickup and properly dispose of all types of litter within the buildings and grounds. K. The Director may establish additional rules governing the use of a park or recreational facility by the public or a person holding a reserved use permit." Section 6 That 12.26.050 of the Bozeman Municipal Code is hereby amended to read as follows: "12.26.050 Park and Recreational Facility Reservation Permits /Application /Alcohol Waiver A. A person seeking a park or recreational facility reservation permit shall file an application with the Director on forms provided by the City. Applicants must be at least 18 years of age. If an open container waiver is requested the applicant must be at least 21 years of age. B. An application for a reservation permit shall be filed with the Director no less than fifteen (15) working days and not more than one hundred eighty (180) days before the event is Ordinance ISO I — Final Adoption Page 7 of 15 proposed to commence. The Director may waive the minimum filing period and accept an application filed within a shorter period if, after due consideration of the date, time, place, and nature of the event, the anticipated number of participants, and the city services required in connection with the event, the Director determines the granting of a waiver will not unduly burden city services or interfere with any other previously approved or applied for event. C. The application shall be made on a form provided by the City and shall include all information the director deems relevant to the requested event. D. If 75 or more participants are expected for the event a public assembly permit shall also be required and may be issued by the Director pursuant to the standards and criteria in 12.32.150, E. Waiver of Open Alcoholic Beverage Container. Per 9.70.020, public drinking or display or exhibition of open alcoholic beverages (open containers) are prohibited in public parks and recreational facilities. A waiver to this requirement may be granted per the provisions of 9.70.040. A separate application and fee are required." Section 7 That 12.26.060 of the Bozeman Municipal Code is hereby amended to read as follows-, "12.26.060 Standards of Issuance of Reservation Permit A. The director shall issue a permit, subject to any conditions deemed necessary and reasonable, as provided for herein when, from consideration of the application and for such other information as may otherwise be obtained, the Director finds: 1. The application is complete and sets forth accurately and in sufficient detail the information required for consideration; 2. The conduct of the event will not unduly inconvenience either the public in using adjacent public areas normally open for general public use or the City in the conduct of governmental operations; 3. The possibility of the event causing any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity, as further discussed in chapter 8.30; 4. The conduct of the event will not require the diversion of so great a number of city police officers to properly police the event as to prevent normal police protection of the city; 5. The conduct of the event is not reasonably likely to cause injury to persons or property; 6. Adequate sanitation and other required health facilities are or will be made available; T There is sufficient parking near the site of the event, or other arrangements made for transportation, to accommodate the number of vehicles reasonably expected; Ordinance ISO I --- Final Adoption Page of 15 8. Such event is not for the primary purpose of advertising any product, goods, or event that is primarily for private profit, unless a Park User Agreement is entered into per 12.26.040.F; 9. A reservation or public assembly permit for the same time and general location is already granted or has been received and will be granted; 10. The conduct of a past event for the same purpose or by the same organizer and/or organization. B. An event may be limited as to the number of participants in the interest of adequacy of facilities. C, Unless otherwise agreed by the applicant, the Director shall act on an application within fifteen (15) working days after determining that the application is complete." Section 8 That 12.26.070 of the Bozeman Municipal Code is hereby amended to read as follows: "12.26-070 Sale of Articles or Services within a Park or Recreational Facility / Permits. For the purpose of maintaining control of park or recreational facility use, the following standards and procedures are adopted in the public interest for issuing permits to sell articles or services in connection with either a community-oriented event approved by the Commission or an event established pursuant to a Park User Group Agreement, A. A person seeking issuance of a pen-nit to sell articles or services shall file an application with the Director with the following information no less than fifteen (15) working days and not more than 180 days prior to the date requested: 1. Name, age, telephone number, and address of applicant; 2. Name and address of sponsor of activity; 3. Day and hours for which permit is desired; 4. The park or portion thereof for which the permit is desired; 5. Purpose of the request for permit or nature of activity; 6. Name and address of person responsible for cleanup, if different from applicant or sponsor, B. Standards of Issuance of Permit to Sell Articles or Services within a Park or Recreational Facility 1. In addition to the standards listed in 12.26.060, in issuing a permit to sell articles or services the Director shall consider whether: Ordinance 1801 — Final Adoption Page 4 of 15 a. the proposed activity or use of the park or recreational facility is appropriate for the named park or facility and will not unreasonably interfere with or detract from the public's use and enjoyment of the park; b. the proposed activity or uses that are reasonably anticipated will not include violence, crime, or disorderly conduct; C. the proposed activity will not entail extraordinary or burdensome expense on the City; d, the facilities desired have not been reserved for other use on the date and hour requested in the application; and e. That the sale of articles or services is not primarily for private profit and provides a community benefit. 2. Applications meeting these standards will be issued on a first-come, first-served basis. Section 9 That 12.26.075 of the Bozeman Municipal Code is hereby renumbered as 12.26.130. Section 10 That 12.26,077 of the Bozeman Municipal Code is hereby renumbered as 12.26.140. Section 11 That 12.26.090 of the Bozeman Municipal Code is hereby added to read as follows: 12.26.080 Requirement for Liability Insurance, Bonding or Other Security/Clean Up Deposit. A. To avoid interference with protected rights of speech and assembly, any requirement imposed for surety for performance (including but not limited to insurance, bonding, or monetary deposits) shall be based upon needs directly associated with the event and not on the basis of possible disruption of the event by protestors or other persons who might be opposed to the speech or assembly. Such restriction, however, shall not apply where the Director determines that the event is being scheduled so as to unduly and unnecessarily create a potential for counter-protest or disruption or interference with public health, safety, welfare, or order. C. A permittee under this chapter, including a person or entity entering into a park user group agreement, shall obtain commercial general liability insurance covering the permittee and/or the permittee's organization for all activities related to the event or permit, including but not limited to setup, the event itself, and all cleanup activities. The insurance policy shall contain no exceptions or exclusions for activities conducted under or related to the permitted Ordinance 1801 — Final Adoption Page 10 of 15 activities. The permittee shall name the city, its officers, and employees as additional insureds on a primary non-contributory basis. The additional insured coverage shall be in a form acceptable to the city. To the extent reasonably possible, such additional insured coverage shall be in the minimum amounts of $750,000 per claimant and $1,500,000 per occurrence. Section 12 That a new Section 12.26.090 of the Bozeman Municipal Code is hereby added and shall read as follows: "12.26.090 Revocation of Permit. The Director, City Manager, the Chief of Police, or the Fire Chief shall each have independent authority to instantly revoke or suspend any permit issued under this chapter: A. Upon a violation of the conditions imposed in the permit; B. Upon violation of this chapter or any other provision of law; C. When a public emergency arises where the municipal resources required for that emergency are so great that deployment of municipal personnel, equipment or services required for the permit would have an immediate and adverse effect upon the welfare and safety of persons or property. Such revocation shall take effect immediately, and the Director, City Manager, Chief of Police, or Fire Chief shall promptly notify the permittee of revocation. After revocation, the permittee may not conduct the event, or if the event has commenced, shall immediately cause the event to be terminated in a safe, proper manner." Section 13 That a new Section 12.26,100 of the Bozeman Municipal Code is hereby added and shall read as follows: "12.26.100 Fees. A non refundable fee shall be paid to cover administrative costs of processing permits. All fees under this chapter shall be set by Commission resolution. The Director may require a deposit for the rental of any park of recreational facility. If the director requires a deposit for the rental of any park the director shall establish standards for return and forfeit." Ot 1801 — Final Adoption Page 11 of 15 Section 14 That current 12.26.060 of the Bozeman Municipal Code is hereby renumbered as follows: "12.26.110 Hours of Operation of Parks." Section 15 That current 12.26.070 of the Bozeman Municipal Code is hereby renumbered as follows: 46 12.26.120 Traffic Control." Section16 That current 12.26.080 of the Bozeman Municipal Code is hereby renumbered as follows: "12.26.150 City Commission — Park Development."' Section 17 That a new section 12.26.0150 of the Bozeman Municipal Code is hereby added and shall read as follows: "12.26.160 Enforcement This chapter may be enforced by the Director, the City Manager, the Fire Chief, or the Police Chief. In addition this chapter may be enforced by injunction, restraining order, declaratory relief, or such other order as may be imposed by a court with appropriate jurisdiction," Section 18 That a new section 12.26.130 of the Bozeman Municipal Code is hereby added and shall read as follows: "12.26.170 Violations, Penalties Any person violating the provisions of any section of this chapter or any provision or requirement of a permit issued hereunder shall be guilty of a municipal infraction in accordance with chapter 1.24 Ordinance 1801 — Final Adoption Page 12 of 15 and shall be fined not more than five hundred dollars ($500,00). The Director or any police officer having jurisdiction may issue a citation for a municipal infraction for a violation of this chapter, Nothing herein shall be deemed to prevent the City from pursuing an additional action in law or equity to recover unreimbursed costs associated with a permit or unpermitted event." Section 19 That a new section shall be added to the Bozeman Municipal Code to read as - follows: "Appeal Procedure A. An aggrieved person shall have the right to appeal the Director's decision of a permit to the city manager. Prior to filing of an appeal with the city manager, the appellant shall, within five (5) business days of the Director's decision, request the Director reconsider the decision. The Director shall have five (5) days to issue a decision on the request to reconsider. B. An aggrieved person may, only after complying with subsection A, above, file a written appeal with the commission through the city clerk with a copy to the city manager not later than five (5) days after the City Manager's decision. The appeal to the Commission shall state with specificity the grounds for the appeal. The commission shall hear the appeal at the next regularly scheduled meeting following the accepted notice of appeal, provided that the receipt of the notice is received prior to the deadline for submission of new agenda items. 1. The appeal hearing shall be limited to the grounds stated in the appeal unless the commission for good cause determines to hear other issues or concerns. 2. The appellant, applicant (if not the appellant), the city manager and other persons directly affected may speak or submit evidence at the hearing. Public comment will be accepted. 3. The commission shall make a determination on the appeal at the meeting, unless the applicant agrees to a continuance. The city clerk shall issue the commission's decision in writing to the applicant either by personal delivery, or regular or electronic mail." Ordinance 1801 — Final Adoption Page 13 of 15 Section 20 That a new section shall be added to the Bozeman Municipal Code to read as follows: Judicial Review After complying with the requirements of [Section 20] an aggrieved person may file a request forjudicial review of a decision by the city commission pursuant to this chapter. The request for review shall be filed no later than thirty (30) days after the commission's action." Section 21 Repealer. All City ordinances and parts thereof in conflict herewith are hereby superseded by this ordinance. Section 22 Savings Provision. This ordinance does not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 23 Severability. - If any part of this ordinance is invalid, all valid parts that are severable from the invalid part remain in effect. If apart of this ordinance is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid application. Section 24 Codification Instruction. The provisions of Sections I — 20 shall be codified as appropriate in Chapter 12.26 of the Bozeman Municipal Code. Section 25 Effective Date. This ordinance shall be in full force and effect thirty (30) days after second reading and final adoption. Ordinance 1801 — Final Adoption Page 14 of 15 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 31 st day of January, 2011, JE KR USS y ATTE Of � ity lerk FINALLY PASSED; ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 25th day of April 2011. The effective date of this ordinance is the 25 day of May, 2011. ATTEST. City AS TO FORM: 1G SULLIVAN Attorney Ordinance ] S01 —Final Adoption Wage 15 of 15