§ 98.071 PARK RECREATIONAL FACILITY RENTAL; PERMIT APPROVAL; RIGHT OF APPEAL.
   (A)   Except as otherwise provided herein, it shall be unlawful for any person or organization to sponsor, give, or participate in the giving of an event within a city park or use a recreational facility and areas immediately adjacent thereto as identified in § 98.10, unless a permit for the event or facility has first been obtained from the Department. A person shall not be charged with a violation of this section if the person immediately leaves the park or recreational facility identified in § 98.10 or, if desiring to reserve the facility, submits the appropriate application, pays the requisite fee and obtains the requisite permit.
      (1)   Unless otherwise provided hereinafter, rental of park recreational facilities identified in § 98.10 and the appurtenances thereto must be obtained in advance and must be for a specific time and duration for each such facility and shall be subject to the conditions and provisions contained in the facility rental permit. The rental application must be completed and accompanied by the requisite nonrefundable fee as described in § 98.10.
      (2)   The recreational facility rental application, at a minimum, shall request the following information:
         (a)   The name and address of the applicant;
         (b)   The name and address of the person, persons, corporation, or association sponsoring the activity, if any;
         (c)   The day and hours for which the permit desired;
         (d)   A description of the park area or recreational facility for which the permit is requested;
         (e)   An estimate of the anticipated attendance; and
         (f)   Any other information which the Department shall find reasonably necessary to a fair determination as to whether a permit should be issued.
   (B)   Standards for issuance of park recreational facility rental permit. If the park recreational facility will be available for use on the date and time requested, and is not subject to a prior reservation, the Department may issue a facility rental permit when the Department finds the facility rental application complete and the rental is in accordance with the purpose for which such city property is designed or intended, and further that the proposed activity will not unreasonably interfere with or detract from the general public enjoyment of the remaining park area or facility, or interfere with or endanger public health, welfare or safety, or be reasonably calculated to incite violence, crime or disorderly conduct on the part of the participants or entail unusual, extraordinary or burdensome expense for supervision, maintenance, cleanup or police protection by the city.
   (C)   The Department must ensure that the applicant has paid to the city the required application fee, security deposit (if any), and any other fees required under the City Code. All fees must be paid in full ten business days prior to the event date. If the application is made for an event scheduled in less than ten days from the date of application, the applicant will pay an additional charge for expediting the application process. If any damage occurs, the applicant shall be liable for such damage.
   (D)   All persons, groups or organizations using a park recreational facility must furnish general liability insurance coverage and other insurance coverage as otherwise required by the city. Proof of the required insurance coverage shall be provided to the City Risk Manager at least ten calendar days before the commencement date of the event/performance and shall provide coverage for the date(s) the event holder is onsite and the date of the actual event. The insurance policy or a certificate of insurance must include the policy number, policy limits, and provide that the City of Pompano Beach is included as an additional insured to the policy. The insurance requirements depend upon the risk level of the event, and will be determined by the City Risk Manager, who has the right to review, modify, reject or accept any insurance policy, including limits, coverages or endorsements.
   (E)   Conditions of permit. Permits may be issued subject to such special regulations and instructions as may be prescribed by the Parks and Recreation Department or other city agencies with governing authority. Permittees shall be bound by all park and facility rules and regulations and all applicable ordinances as fully as though the same were inserted in the permits. Permittees agree to hold the city harmless from any claims for loss, injury or damage to any persons or property whatsoever caused by the negligence of permittees in the exercise of such permit. Depending on the nature of the activity, the permit may be conditioned on the provision of an indemnity bond to protect the city from any liability of any kind or character and to protect the city from damage. The bond amount shall be determined by the City Manager or their designee. The Department shall have the authority to revoke a permit upon finding a violation of any rule or ordinance.
   (F)   Decision on facility rental application; right of appeal.
      (1)   Within five business days after receipt of a complete application for park recreational facility rental, the Department shall either approve or deny same and advise the applicant accordingly, either in person or by mail.
      (2)   If an application is denied, the Department at the time of notification shall apprise the applicant in writing of the reasons for such refusal. Any persons aggrieved thereby shall have the right to appeal such adverse decision in writing within five calendar days of receipt of such refusal to the City Manager, who shall consider the application under the standards hereinabove set forth, and without undue delay, sustain, overrule or modify the Department's decision.
   (G)   Cancellations. In the event a park recreational facility rental is cancelled at least 48 hours prior to the event date, the Department will refund 75% of the total rental fee. No refunds of the facility rental fee will be made for cancellations that are less than 48 hours from the event date.
   (H)   The following additional rules and conditions shall apply to park recreational facility rental permits:
      (1)   Permits are issued on a first come, first served basis.
      (2)   Permits are nontransferable, and are good only on the date specified.
      (3)   The permittee will be held responsible for the conduct of the entire group.
      (4)   The permittee shall observe, obey and comply with the rules and regulations established by this chapter, as well as all applicable city, county, state and federal laws, rules and regulations.
      (5)   The permittee shall assume all risk in the use of the facility and shall be solely responsible and answerable in damages for all accidents and injury to person or property.
      (6)   A security deposit, where required, must be paid when the permit is granted.
      (7)   Food preparation and cooking. No person will picnic, lunch or cook in any area not specifically designated or regulated by the Department for such usage. No person shall build, light or cause to be lighted any fire upon the ground or on other object in any area except as specifically designated and in an approved grill, stove, fireplace or other suitable container as determined by the Department, nor shall any person starting a fire leave the area without extinguishing the fire. No person shall use a grill or other device in such a manner as to burn, char, mar or blemish any bench, table or any other object of park property.
      (8)   The Department will regulate activities in park areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. If the facilities are crowded, persons holding activities in any park area, building, facility or structure will avoid using same to the exclusion of others for an unreasonable time; the determination of what is unreasonable shall be made at the Department's discretion.
      (9)   Special conditions related to the various types of facilities may be printed on the permit forms.
      (10)   The use of "bounce houses" and other inflatable playground equipment is prohibited at city-owned property unless the company operating the equipment has received prior written approval from the city's Parks and Recreation Department to operate such equipment. The notice of approval shall be posted at the location the equipment is installed during the time that the equipment is being operated in order to allow the appropriate city representative to verify that the operator received prior approval from the city. Any equipment installed on city-owned property without prior approval shall be immediately deflated and/or disconnected by the authorized city representative. These devices are allowed only in conjunction with an approved recreational facility rental at approved parks within the City of Pompano Beach. There is a maximum of two bounce houses per facility rental. Only generators, associated with approved bounce house and inflatables, are allowed and must follow the applicable Florida Building Code. The provisions of this section shall be enforced by the city's code enforcement officers, as well as the city's law enforcement officers. Regulations regarding the placement, use, insurance, and supervision requirements shall be developed and published by the city's Parks and Recreation Department.
(Ord. 2019-24, passed 1-22-19; Am. Ord. 2022- 25, passed 2-8-22)