(a) Permit. A person seeking issuance of a permit, license or reservation for use of a park area or facility shall make such request in writing to the director/district administrator. The request shall state the park name, date and time of use and all information pertaining to the proposed use of the park facility.
(b) Issuance. A permit, license or reservation for use shall be obtained from the director/district administrator by persons conducting, operating, presenting or managing any of the following activities:
(1) Picnics, outings or gatherings, sponsored by an organization or individuals that are attended by two hundred (200) or more persons; or
(2) An organization or individual holding a special event in the park. Special events include contests, exhibits, dramatic performances, spectacles, plays, motion pictures, radio or television broadcasts, fairs, circuses, jumping castles, shows, musical events such as a band, glee club, choir or orchestra concert, the use of public amplification systems, or any similar event; or
(3) The sale of alcoholic beverages as a regularly licensed concessionaire at Tucson City golf courses, Reid Park Zoo and Hi Corbett field; or
(4) The sale, distribution or service of food, beverages, or any other articles or things to the public in any park or on any street, sidewalk or other public property adjacent to a park if the event is intended to attract, does attract, or is likely to attract ten (10) or more people; and subject to the additional requirement that in the case of the sale, distribution or service of food or beverages that requires a separately obtained health permit from the Pima County Health Department, the person shall also provide proof of obtaining that permit. No fee shall be charged for a permit issued under this subsection for distribution of food, beverages or other things to the public for free. A permit issued under this subsection for the distribution of food, beverages or other things to the public for free will be valid for a period of ten (10) days, and will automatically renew for five (5) additional consecutive ten (10) day periods, without the need for a new permit request, unless the director or the director's designee determines that renewal of the permit would not satisfy the standards for issuance described in subsection (c) below, in which instance the director or designee will notify the permitee that the permit is not renewed and is no longer in effect. No permit is required for the distribution of food, beverages or other things to the public for free on Easter, Thanksgiving, or Christmas; or for the free distribution of water on any date; or
(5) Announce, advertise or call to the public's attention articles or services for hire; or
(6) The reservation of any park facilities for a certain person or group of persons to the exclusion of others.
(c) Standards for issuance. The director/district administrator shall issue a permit, license or reservation on a city form upon making the following findings:
(1) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park or cause annoyance or the disturbance of any other person's reasonable use of park facilities, or cause annoyance or disturb the peace of persons residing near the park, or interfere with the maintenance of the park or its facilities;
(2) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation. In making this finding in connection with any permit for the sale, distribution or service of food or beverages, the director shall consider the existing conditions of the park and adjacent properties, including any unsanitary or otherwise unsafe conditions that are attributable to the proposed activity or would be caused by the proposed activity; and shall consider any complaints submitted to the city relating to public health, welfare and safety associated with the proposed activity;
(3) That the proposed activity or use is not unreasonably anticipated to incite violence, crime or disorderly conduct;
(4) That the proposed activity will not entail unusual, extraordinary or burdensome expense or police supervision by the city. If an activity requires additional expense or security, the sponsor/promoter shall pay the additional costs.
(5) That the facilities desired have not been reserved for other use at the day and hour required in the application;
(6) In the case of vendors of food and refreshments who are not regularly licensed concessionaires, that the required fees have been paid. Those fees shall be as follows:
(i) For-profit vendors selling on a regular basis:
Regional Park (per month): . . . . . $200.00
District Park (per month): . . . . . $100.00
(ii) For-profit vendors selling at special events (per day): . . . . . $60.00
(iii) For-profit vendors providing amusement equipment: . . . . . $50.00
(iv) Youth concession stands:
Mobile/temporary units (monthly) . . . . . 25.00
Permanent snack bar building (monthly) . . . . . 35.00
(7) In the case of fairs, that for-profit vendors have paid required fees. These fees shall be per daily space as follows:
(i) Arts and crafts fairs (per booth space): . . . . . $45.00
(ii) Antique fairs: . . . . . $60.00
(iii) For-profit food vendors at fairs: . . . . . $65.00
(d) Appeal. If the permit is denied the director shall notify the applicant in writing within thirty (30) days after receipt of the request for permit of the reasons for refusing a permit or reservation. An aggrieved person may either appeal in writing within fourteen (14) days to the city manager, who shall consider the application under the standards set forth in subsection (c) above and sustain, modify, or overrule the director's decision within fourteen (14) days.
(e) Effect of Permit. Any person using a permit, reservation or license shall be bound by all park rules and regulations and all applicable state statutes and the city codes as fully as though they were inserted in the form. The applicant shall retain the form in his possession at all times while utilizing the park and shall show the form to any authorized Parks and Recreation Department representative or peace officer upon request.
(f) Liability of Permittee. The person or persons to whom a permit, license or reservation is issued shall be liable for any loss, damage or injury to any person or property whatever by reason of negligence of the person or persons, their agents or employees, to whom such permit, license or reservation shall have been issued.
(g) Revocation. The director may revoke a permit, license or reservation upon finding of violation of this Code, state statute, or a park rule or regulation, or upon good cause shown. All reservations are voidable if the reserved area is not in use within thirty (30) minutes after the reservation period starts.
(Ord. No. 4610, § 2, 1-10-77; Ord. No. 5678, §§ 2, 3, 11-8-82; Ord. No. 7104, § 1, 12-12-88; Ord. No. 9261, § 1, 8-2-99; Ord. No. 9341, § 1, 1-31-00; Ord. No. 9757, § 1, 8-5-02; Ord. No. 9850, § 3, 5-12-03; Ord. No. 10260, § 1, 3-7-06; Ord. No. 11331, § 4, 12-8-15; Ord. No. 11413, § 1, 11-22-16)
Editors Note: It should be noted that § 15 of Ord. No. 10260 provides for an effective date of July 1, 2006.