§ 50-31. Recreation facilities.

(a)

Recreation facilities shall be used primarily for physical, social and cultural activities for youths and adults directly under the operating responsibility of the recreation department. recognizing that suitable indoor facilities for meetings and activities are extremely limited in the city, these facilities may be made available when not in conflict with the department's activities to help ensure that the facilities are fully utilized. the recreation facilities are designed for multi-purpose use and not as a designated permanent site for continuous rentals by any single individual, group or organization. the recreation department encourages facility use according to the following priority:

(1)

Recreation department operations.

(2)

Parks and recreation partners.

(3)

Non-profit organizations (i.e., Scouts) open to citywide membership, without regard to religious or other membership requirements, aimed at promoting and facilitating physical, social or cultural activities for the community.

(4)

Private individuals, groups or organizations utilizing the facility for a nonprofit-generating recreational or social activity.

(5)

Private individuals, groups or organizations utilizing the facility for a profit-generating activity (i.e., personal trainers or instructors).

(b)

Recreation facility use for organized activities and events requires a permit. Application for any recreation facility use permit shall be made with the recreation department.

(c)

All permits for use of the facilities shall be restricted to responsible individuals, groups or organizations under the provisions outlined in this section.

(d)

Applicants for facility use permits shall be responsible for proper use of the facility, and shall further guarantee orderly behavior at the facility, and shall assume strict liability for any damage to city property arising out of their use of the facility.

(e)

Applicants shall be responsible for any negligent acts arising out of their use of the facility and liability shall be assumed by the recipient of the permit in regard to any such personal injury or property damage claims.

(f)

Permits are not transferable to any other individual, group or organization.

(g)

Rental fees and charges for recreation facilities shall be established by resolution of the city council. All rental rates are subject to state tax. Rental rates may include fees for city staff (including, but not limited to the following personnel: parks and recreation, police, fire, and public works), city services and city contractors. Rental times shall include the time necessary for set-up and clean-up.

(h)

Facilities may be reserved no more than 12 months in advance of the scheduled use and shall require the applicant to place a deposit in an amount established by resolution of city council.

(i)

Any individual, group or organization desiring to use any facility shall not be allowed to rent the facility if, at the time of application, such person or organization is delinquent in payment of any money due to the city.

(j)

Payment of all rental fees and charges for use of facilities, less any deposited amount, shall be made at the issuing office prior to issuance of the permit, and shall be at least 14 days prior to the scheduled use.

(k)

Cancellations may be initiated by renter party 30 days prior to scheduled use with a full refund of the deposit. Cancellations made by the renter within 30 days of the scheduled use shall result in forfeiture of the entire deposited amount. The department will issue notices as far in advance as possible, but reserves the right to make later cancellations in the case of extreme necessity or unforeseen circumstances. Notwithstanding the foregoing, the city's liability for cancellation of any facility use shall be limited to the return of deposited funds along with any other applicable rental fees and charges paid by the applicant in anticipation of the use.

(l)

Upon approval of an application for facility use and prior to use of the facility, a facility use agreement shall be signed by the applicant. The facility use agreement shall not be deemed to be a lease. The city does not relinquish the right to control the management of the facility, or to enforce all necessary laws, rules and regulations. Duly authorized representatives of the city may enter the premises at any time, and all areas shall be under the control of the city. The city retains the right to cause the interruption or termination of any performance or event in the interest of public safety and likewise cause the termination of any performance or event when in the sole judgment of the city any federal, state or local law has been or is likely to be violated, or such termination is otherwise necessary to protect public interest.

(m)

The facility use agreement shall require the applicant to:

(1)

Provide a deposit in an amount established by resolution of the city council;

(2)

Provide insurance with the city named as additional insured, with the amount of coverage acceptable to the city, which shall be in a minimum amount of $1,000,000.00 for bodily injury and $500,000.00 for property damage; provided, however, that the city's risk manager may require these amounts to be increased for activities involving greater risk;

(3)

Indemnify the city;

(4)

Refrain from making alterations to the electrical, lighting, sound and structural components of the facility without prior written consent of the facility supervisor; and

(5)

Comply with the requirements of this section and the policies and procedures implementing this section promulgated by the city council and recreation department.

(n)

No admission charges shall be permissible at any recreation facility except as expressly authorized by the city council.

(o)

Any activity in which the department's facilities are utilized shall be conducted according to law and will conform with the lawful standards of the city.

(p)

Alcoholic beverages shall not be possessed or consumed in or on any of the municipal facilities operated by the parks and recreation department, unless expressly permitted in accordance with section 6-3 of the Code.

(Code 1981, § 14-20; Ord. No. 2015-6 , § 2, 5-5-2015; Ord. No. 2016-2 , § 6, 3-15-2016)

Editor's note

Ord. No. 2016-2 , § 6, March 15, 2016, amended the catchline of § 50-31 to read as herein set out. Section 50-31 was formerly entitled "Community centers; objects, permits, restrictions."