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The Recreation and Park Commission shall by resolution adopt procedures for the filing and processing of permit applications, which resolution shall be filed with the Clerk of the Board of Supervisors and the Secretary of the Recreation and Park Commission and shall be made available to the public upon request. The resolution required by this Section, as well as any amendment thereto, is subject to the prior approval of the City Attorney.
(Added by Ord. 603-81, App. 12/18/81)
(a) The General Manager or the Recreation and Park Commission may impose reasonable conditions on approval of a permit application in order to insure that public or private property is not damaged and that the comfort, convenience, safety or welfare of the public is not disturbed. Such conditions may be imposed on a permittee after the permit application has been approved if information is received by the General Manager after such approval which would provide reasonable grounds for the conclusion that further conditions are necessary, including the condition that the location of the proposed activity be changed. The provisions of this Section are designed to secure for permit holders an opportunity fully to exercise the rights conferred upon them by the permit without unreasonably interfering with the rights of other members of the public to use park property and adjacent areas or to engage in First Amendment activities. The General Manager shall in no event impose conditions pursuant to this Section which are designed to limit the content of First Amendment expression engaged in by persons affected by the permit or which unreasonably interfere with the right of free speech.
(b) The conditions which may be imposed on permit applicants include the following: (1) posting a performance bond to insure that property is restored and cleaned at the conclusion of the permitted activity; (2) providing insurance to protect the City from liability from any harm that such activity might cause; and (3) agreeing to reimburse the Recreation and Park Department for any costs incurred by it in restoring damage to property, caused by the actions of the permittee, its officers, employees, or agents, or any person who was, or reasonably should have been, under the permittee's control and to defend the City against, and indemnify and hold the City harmless from, any liability to any person resulting from any damage or injury caused by the actions of the permittee, its officers, employees, or agents, or any person who was or reasonably should have been, under the permittee's control.
(c) When an applicant for a permit to perform an activity which is protected by the First Amendment to the U.S. Constitution and for which a performance bond must be posted produces evidence that providing a cash performance bond would be impossible or so financially burdensome that it would preclude the applicant from using park property for the proposed activity, the General Manager shall accept property in lieu of a cash performance bond so long as the property offered is of a type which will reasonably insure restoration and cleaning of the property to be used by the applicant at the conclusion of the permitted activity.
(d) No applicant shall be required to comply with the provisions of Subsection (b)(2) pertaining to insurance if the activity proposed is protected by the First Amendment of the U.S. Constitution and the applicant produces evidence that complying with those provisions is impossible or so financially burdensome that it would preclude the applicant from using park property for the proposed activity.
(Added by Ord. 603.81, App. 12/18/81)
The General Manager shall approve a permit application unless:
(a) A prior application for a permit to use the same location at the same time has been received and such application has been or will be approved authorizing an activity which does not reasonably permit multiple occupancy of the area;
(b) The proposed activity would conflict with a previously planned program sponsored by the Recreation and Park Department or Commission and scheduled for the same location as that requested by the applicant;
(c) The General Manager has reasonable cause to conclude that the applicant or any person or persons participating in the proposed activity will, in connection with that activity, cause physical injury to person or substantial damage to property; provided, however, that in determining whether such reasonable cause exists the General Manager shall not consider the content of expression which is proposed or anticipated;
(d) The proposed activity is inconsistent with the purpose for which the facility or area has been established or designated;
(e) The location selected is inappropriate because (1) the nature of the proposed activity or the number of persons expected in connection with the activity would be likely to damage trees, plants or other vegetation; (2) the activity would unduly disturb adjacent neighborhoods because of the nature of the proposed activity or the number of persons expected to be involved; or (3) other activities have been scheduled in an area or areas near the location proposed by the applicant, or they normally occur in such area or areas, and permitting the proposed activity to occur in the proposed location would unreasonably interfere with park use and enjoyment by participants in such activities;
(f) The applicant fails to obtain necessary approvals, permits, or licenses from other governmental departments or agencies;
(g) The applicant has not complied with the procedural requirements established by Commission resolution for the filing of permit applications;
(h) The applicant fails or refuses to pay a processing fee or a user fee, or both, which the Recreation and Park Commission has established by resolution;
(i) The applicant fails or refuses to post a performance bond when required to do so by the Recreation and Park Commission;
(j) The applicant fails or refuses to provide insurance when required to do so by the Recreation and Park Commission;
(k) The applicant fails or refuses to execute an agreement to reimburse the Recreation and Park Department for any costs incurred by it in restoring damage to the property occasioned by, or arising out of, the permitted activity, and to defend the City against and indemnify and hold the City harmless from, any liability to any person occasioned by, or arising out of, the permitted activity, when such an agreement is required by the Recreation and Park Commission;
(l) The application contains misrepresentations of material fact;
(m) The proposed activity is prohibited by law;
(n) The applicant refuses to comply with conditions reasonably imposed on approval of the permit application by the General Manager or the Recreation and Park Commission in order to insure that public or private property is not damaged and that the comfort, convenience, safety and welfare of the public are not disturbed.
Whenever a permit application is denied, the General Manager shall inform the applicant of the reason for the denial and when a change in location would allow approval, shall offer alternative suitable locations.
(Added by Ord. 603-81, App. 12/18/81)
(a) No permit may be required to engage in petitioning, leafletting, demonstrating or soliciting so long as engaging in any of these activities, or any combination of these activities, does not involve 50 or more petitioners, leafletters, demonstrators, or solicitors at the same time within an area circumscribed by a 500-foot radius, provided, however, that a permit is required to solicit in the Music Concourse Area of Golden Gate Park.
(b) It shall be unlawful for any person to engage in petitioning, leafletting, demonstrating or soliciting in such a manner as to substantially obstruct any traffic of pedestrians or vehicles after being warned by a peace officer or a member of the Park Patrol not to do so.
(c) No person may engage in petitioning, leafletting, demonstrating or soliciting inside the San Francisco Zoological Gardens.
(Added by Ord. 603-81, App. 12/18/81; amended by Ord. 210-12, File No. 120819, App. 9/28/2012, Eff. 10/28/2012)
The procedure for reserving the use of any building or stadium in any park shall be established by the Recreation and Park Department and shall be kept on file with the Secretary of the Recreation and Park Commission and made available to the public upon request.
(Added by Ord. 603-81, App. 12/18/81)
Mooring space at Yacht Harbor is reserved by applying for a permit from the Harbormaster at Yacht Harbor. A permittee granted use of Yacht Harbor shall enter and use only the mooring space designated in the permit and shall at all times be subject to and shall obey all rules and regulations of the Recreation and Park Department governing Yacht Harbor.
(Added by Ord. 603-81, App. 12/18/81)
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