(a) Purpose; Findings. Village parks, park facilities, and park shelters are generally for the nonexclusive use and enjoyment of Village of Edgar residents and visitors. However, the Village has found that large groups and gatherings using Village parks, park facilities, and park shelters have a greater impact on the Village's resources, and that the Village Board has determined that the Village needs to balance the use of Village parks, park facilities, and park shelters by large groups to help offset costs associated with such uses and to protect the public health, safety, and welfare.
(b) Permit Required.
(1) Any person, group, or organization wanting to use or reserve a park facility or park shelter for an event shall first obtain a Park Use Permit.
(2) Any person, group, or organization planning an event located within a Village park that is reasonably expected to be attended by fifty (50) persons or more shall obtain a Park Use Permit.
(3) Any person, group, or organization requesting exclusive use of an entire Village park or planning an event located in a Village park that is reasonably expected to be attended by one hundred (I 00) persons or more shall obtain a Special Park Use Permit.
(4) Park use permit fees shall be established by the Village Board in Section 1-3-1.
(c) Permit Applications. All applications shall be made in writing on application forms available from the Village Administrator. Park Use Permit applications must be received a minimum of three (3) days prior to the date of the event or requested use. The applicant shall submit payment of required fees with the application, including any cleanup deposits. Permit applications shall contain, at a minimum, the following information:
(1) Name, address, email address, and telephone numbers (landline, cellphone, fax) of the applicant.
(2) If the applicant is a group or organization, the name, address, and telephone numbers of the responsible person, officer, or representative.
(3) The park, park facility, or park shelter the applicant is requesting to use, and whether the applicant is requesting a regular park use permit or a special use permit.
(4) The date and time of the event, including the time the applicant wishes to begin use for set-up, if earlier.
(5) The nature of the event and the anticipated number of attendees.
(6) Details on any planned set-up or temporary structures which may be used during the event.
(7) The Village may require additional information if necessary to evaluate the application.
(d) Action on Application; Denial Criteria.
(1) Completed Park Use Permit applications submitted to the Village Administrator with the required fees will be processed by the Village Administrator on a first-come first- served basis; however, any Park Use Permit applications for events anticipating more than one hundred (100) attendees and all Special Park Use Permit applications shall be forwarded to the Village Board for consideration and action. Applications for a Park Use Permit or Special Park Use Permit may be denied by the Village for any of the following reasons:
a. The application is incomplete or untimely, including non-payment of the required fee.
b. A permit has already been issued that conflicts with the event, or a Village-sponsored event will conflict with the requested event.
c. The anticipated nature of the use would violate local, state or federal Jaw.
d. The anticipated nature of the use would create a substantial risk of injury to attendees or bystanders, or of damage to property.
e. The anticipated nature of the use would require a level of security, emergency services, utilities and/or other municipal resources which is the Village is unable to provide without straining providing services to the rest of the Village of Edgar.
f. The applicant has outstanding invoices or charges due the Village of Edgar.
(2) The Village Board, or designated officials, may approve or deny the permit application, or may approve the application subject to additional conditions to address concerns or issues deemed necessary to protect public health, safety, welfare, and good order in the Village of Edgar.
(e) Indemnification. Prior to granting any permit for exclusive use of the park, the Village may require the permittee to file evidence of good and sufficient sureties, insurance in force or other evidence of adequate financial responsibility, running to the Village of Edgar and such other third parties as may be injured or damaged, in an amount depending upon the likelihood of injury or damage as a direct and proximate result of the exclusive use sufficient to indemnify the Village and such third parties as may be injured or damaged thereby, caused by the permittee, its agents or participants. The Village of Edgar shall be a named insured.
(f) Permit Not Required For Village Activity. A permit is not required for exclusive use of the park or a park facility sponsored by the Village of Edgar.
(g) Permit Revocation. The Village President, Village Administrator, or a law enforcement officer may revoke a permit already issued if it is deemed that such action is justified by an actual or potential emergency due to weather, fire, riot, other catastrophe or likelihood of a breach of the peace or by a major change in the conditions forming the basis of the issuance of the permit.
(h) Class B Fermented Malt Beverage Licenses. When fermented malt beverages are sold at any event authorized by this Section, a valid Fermented Malt Beverage license shall be obtained and the provisions of Section 7-2-11, and Section 11-4-1 shall be fully complied with. Said license must be held by the person who filed the original license and shall be presented to any Jaw enforcement officer upon request.
(i) Care of Facilities. Persons reserving Village facilities shall be completely responsible for cleaning up the facilities after the event to the satisfaction of Village officials. As a permit approval condition, the Village may require a cleanup deposit. All reserved areas shall be left in a clean condition, with refuse placed in containers provided for such purpose and tables and benches returned to their original locations. Any organization or corporation reserving any area in a Village park shall agree to assume full responsibility for all damage to Village property caused by event attendees and shall make full payment therefore upon billing by the Village Administrator. Failure to do so shall deny future use of park facilities until such payment be made, in addition to any other remedy which the Village may have.
Cross-Reference:
Sections 7-2-11 and 11-4-1.