(a) In addition to any other provision of this chapter requiring a permit prior to engaging in a given activity, no person in the park shall conduct, operate, manage, take part in, cause to occur, aid or abet the following activities unless a permit is obtained prior to the start of such activity:
(1) Any picnic, outing, or gathering sponsored by a person, composed of twenty (20) or more persons.
(2) Any contest, exhibit, dramatic performance, play, motion picture, radio, or television broadcast, fair, circus, music event, or similar event.
(3) Any public meeting, assembly, or parade including, but not limited to, drills, maneuvers, ceremonies, addresses, speeches, or political meetings.
(4) Use of any park facility by any organized athletic league, or any team from such organized athletic league. Organized athletic league refers to any organization which either charges persons for participation, participates in league play, or regularly participates in games and practices under the direction of a coach.
(5) Classes or activities where a fee is charged or paid, or donations received.
(6) The launching, storage, and use of canoes, kayaks and other similar watercraft where a fee is charged for their use, or donation received.
(7) The use of any apparatus, including but not limited to, inflatable items which are to be climbed upon or bounced upon, dunk tanks, animal acts or rides, motorized rides, or other similar devices.
(b) Application Required.
(1) A person seeking the issuance of a permit for an activity in a park, including but not limited to, a shelter, pavilion, or field reservation, shall file an application upon a form prescribed by the Director of the Department of Public Services.
(2) The application at minimum shall state the following:
A. Name, address, and telephone number of applicant.
B. Use or activity is to be conducted on behalf of any person other than the applicant, name, address and telephone number of such person.
C. The exact nature of use or activity for which a permit is sought.
D. Date and hours for which the permit is desired.
E. The park, or portion of the park desired to be used.
F. An estimate of anticipated attendants, including participants and spectators, if applicable.
G. Evidence of general liability insurance naming the Township and its employees and agents as additional insureds, primary non-contributory, cancellable only upon thirty (30) days’ written notice to the Township and minimum limit of $1,000,000 per occurrence/aggregate.
H. Any other information as required by the Township.
(c) Applications shall be filed not less than seven (7) business days to allow for inclusion of a weekly schedule of rangers and not more than twelve (12) months prior to the date of the proposed user activity.
(d) Permit Issuance.
(1) Standards for Issuance. The Township and Department of Public Services shall issue a permit unless it finds:
A. Unreasonable Interference. Post activity or use of the park will unreasonably interfere with or detract from the general public’s use and enjoyment of the park.
B. Interference with Public Health, Safety and Welfare. The proposed activity or use of the park will only reasonably interfere with or detract from public health, safety, welfare and recreation.
C. The Likelihood of Harm to Persons. If the conduct of the proposed activity or use is reasonably likely to result in injury to persons participating, or observing.
D. Disturbance Surrounding Property. If the proposed activity will cause noise, congestion, or other disturbance to surrounding properties and persons.
E. Likelihood of Harm to Park. If the proposed activity will cause undo damage or harm to the park itself. Cash deposits, bonds or other reasonable financial assurances may be considered in evaluating this potential harm.
F. Prior Reservations. If the facilities have been reserved for another activity or use at a day and hour requested.
G. Extraordinary Township Expense. That the proposed activity will entail extraordinary expense or burdensome expense by the Township including but not limited to Township personnel.
(2) Conditions or Restrictions. The Township may impose reasonable conditions or restrictions on the issuance of a permit including, but not limited to any of the following:
A. Restrictions on amplified sound, use of alcoholic beverages, dancing, sporting activities, use of animals, equipment, vehicles, number of persons to be present, location of persons and equipment.
B. Deposit. A requirement of a security deposit for repair of any damaged park property, or the cost of clean up, including any supplies or other similar costs.
C. Cost for Security. A requirement that the applicant pay a reasonable fee to defray all to costs of security by the Township for the proposed use or activity.
D. Additional Refuse. A requirement that the permittee provide a deposit or pay costs and expenses associated with the collection of refuse based on the activity for which the permit is being sought.
E. Nontransferable. Permits shall not be transferable without the written consent of the Township.
F. Exhibit on Request. No person in the park shall refuse or fail to produce and exhibit any permit upon request of any employee of the Township who wishes to inspect such permit.
G. Insurance. Persons to whom a permit is issued may be required to provide insurance in an amount as determined necessary by the Township, above other requirements of this section providing that the insurance is non-cancellable without thirty (30) days’ prior notice to Township and providing that the Township is named as an additional insured primary, non-contributory.
H. Decision and Right of Appeal. Within twenty (20) business days after receipt of a fully completed application, action shall be taken to approve with or without conditions or deny a permit requested. Reasons for denial shall be furnished to the applicant.
(3) Activities for which a permit has issued shall have priority over other usage and persons failing to immediately move and allow use by the permitted activity, shall be trespassers, subject to enforcement under the trespass ordinance provisions of the Township.
(4) Any persons aggrieved from the decision to deny, resolve or modify a permit shall have a right to appeal, in writing, within seven (7) days after being notified that their permit was denied to the Township Clerk’s office. Written appeals are reviewed by the Township Board.
(5) Final Decision. The Township Board shall consider the application under the standards set forth under this chapter and shall issue a ruling upon any such appeal within thirty (30) days after filing of such appeal which shall be final. The reasons for grantor denial of such appeal, shall be furnished in writing.
(6) Revocation. The Township shall have authority to revoke, or modify a permit upon a finding of any violation of any rule or provision of this Code, or any condition, or restriction under which the permit was issued.
(Ord. 271. Passed 6-27-83; Ord. 403. Passed 3-11-13.)