(A)   Hours.
      (1)   Except for unusual and unforeseen emergencies, parks shall be open to the public during posted hours, as determined by the director.
      (2)   It shall be unlawful for a person to remain in a park or to enter a park except during the posted hours unless a permit is obtained pursuant to division (C) below.
   (B)   Closed areas.
      (1)   Any section or part of any park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals and either entirely or for specific uses, as the director shall find reasonably necessary.
      (2)   No person shall enter any closed areas of a park if the entry is prohibited, nor shall any person utilize any portion of a park if that utilization is prohibited.
   (C)   Permits and scheduling.
      (1)   Park activities sponsored or co-sponsored by the city shall have first priority over any other use.
      (2)   Any person or group of persons may use any park for any recreational purposes not otherwise prohibited within this chapter.
      (3)   A written permit shall be obtained from the director whenever any person or group desires to reserve any portion of a park for any activity. Reservations shall be made in accordance with reservation and facility use guidelines as established by the director.
      (4)   Any person or group aggrieved by the denial of a permit shall have the right to appeal the decision of the director to the city manager or his or her designee. Any appeal to the city manager shall be served with the city clerk’s office within 5 working days if a notice of disapproval is received from the director. The city manager or his or her designee shall act upon the appeal within 5 working days following receipt thereof. The city manager’s decision is final and binding on both parties.
      (5)   A park use permit may be revoked by the director upon determining that the park is being used contrary to: any representation made by the applicant; any conditions of the permit; or any city ordinances or state law.
      (6)   Continuous use of facilities shall be limited to city-sponsored or co-sponsored activities or affiliate groups as approved by the director. Continuous use shall be interpreted to be any regularly scheduled or reoccurring activity.
      (7)   Facility use fees will be established by the director as set forth in Chapter 4 of the city code and may be amended on an as needed basis.
   (D)   Insurance and indemnification; hold harmless.
      (1)   Any person or group reserving a park shall defend, indemnify and hold harmless the city and its elected officials and employees and for any and all damages to the facility caused by any person or persons attending the activity, and all liability and damages to any person for injuries, including but not limited to, death or serious bodily harm.
      (2)   Adequate insurance as determined by the director shall be provided naming the city, its elected officials and employees as “additional insured parties.”
      (3)   Responsibility for loss, breakage or need for repair of any piece of furniture, equipment or portion of the facility or areas shall be upon the individual signing the permit application.
(Ord. 1442, passed 2-7-2017)