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(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(c) below, in which instance the director or designee will notify the permitee that the permit is not renewed and is no longer in effect.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, the required fees have been paid. Those fees shall be as established in the fee schedules as approved by the mayor and council and maintained by the director.
(7) In the case of fairs, for-profit vendors have paid required fees. Those fees shall be as established in the fee schedules as approved by the mayor and council and maintained by the director.
(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; Ord. No. 12114, § 2, 8-7-24)
Editors Note: It should be noted that § 15 of Ord. No. 10260 provides for an effective date of July 1, 2006.
No person shall;
(1) Sanitation. Throw, discharge or otherwise place or cause to be placed in any tributary, stream, storm sewer or drain adjacent to any park or flowing into park waters any substance, matter or thing, liquid or solid, which may result in the pollution of park waters.
(2) Bathing and swimming. Swim, bathe, wade in any waters or waterways adjacent to any park that lie in public areas except in areas designated for such purposes.
(3) Signs. Erect or cause to be erected any sign on any public land or on highways or roads adjacent to a park except with permission from the director.
(4) Fires. Build, or attempt to build, kindle or ignite a fire, or drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, charcoal or coals, or other flammable or lighted materials on any highway, road or street or public property adjacent, abutting or contiguous to a park except in areas designated for such purposes.
(Ord. No. 4610, § 2, 1-10-77; Ord. No. 9757, § 2, 8-5-02)
(a) Officials. The director, an authorized Parks and Recreation Department representative, and peace officers may enforce this article, this Code, state laws and park rules and regulations, and may when deemed necessary call upon the city police or other law enforcement officers and agencies for assistance.
(b) Ejectment. The director, an authorized Parks and Recreation Department representative, and peace officers may eject from the park any person acting in violation of this article.
(c) Seizure of property. The director, an authorized Parks and Recreation Department representative, and peace officers may seize and confiscate any property, thing or device in the park used in violation of this article.
(d) No limitation. No provision in this article shall preclude any peace officers from the enforcement of any law, statute or provision of this Code in the routine performance of their duties.
(Ord. No. 4610, § 2, 1-10-77; Ord. No. 9757, § 3, 8-5-02)
(a) Any person violating any provision of this article or the rules and regulations relating to parks established by the director and filed with the city clerk, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, by not more than three (3) years probation or by any combination thereof. In addition, a person convicted of a violation of section 21-3(3)(3), 21-3(3)(4) or 21-8 shall be punished by a fine of not less than ten dollars ($10.00); and no judge may suspend the imposition of this minimum fine.
(b) Notwithstanding the provisions of subsection 21-7(a), a violation of section 21-4 shall constitute a misdemeanor punishable by community service or fines not to exceed two hundred and fifty dollars ($250.00), by imprisonment not to exceed ten (10) days, and by probation not to exceed one (1) year or both such fine and imprisonment. The rate of substitution of community service work for the fine amount shall be calculated at ten dollars ($10.00) per hour.
(c) Notwithstanding the provisions of subsection 21-7(a), possession of a firearm in violation of section 21-3(5)(2) shall constitute a class two misdemeanor and shall be punishable by a fine of not less than three hundred dollars ($300.00) and not exceeding seven hundred fifty dollars ($750.00), by imprisonment of not more than four (4) months, by not more than two (2) years probation or by any combination thereof. No judge may suspend the imposition of the minimum fine prescribed herein.
(Ord. No. 5558, § 4, 5-3-82; Ord. No. 9341, § 2, 1-31-00; Ord. No. 9417, § 1, 7-10-00; Ord. No. 9757, § 4, 8-5-02)
(a) It shall be unlawful for any person to consume or have in their possession any spirituous liquor in a public park. "Spirituous liquor" includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one per cent of alcohol by volume.
(b) "Malt beverage" includes any beverage containing more than one-half of one (0.5) percent of alcohol by volume obtained by the alcoholic fermentation, infusion or decoration of barley malt or hops, including but not limited to beer, ale and malt liquor.
(c) Subsection (a) shall not apply to the consumption or possession of wine, beer or malt beverage by those persons or groups who possess a valid permit under subsection (f) below.
(d) Notwithstanding subsection (b) of this section, it is unlawful for any person to consume or have an open container of any spirituous liquor within parking lots or vehicles within a city park.
(e) The following areas are exempt from this section:
(1) City golf courses during established hours of operation;
(2) Hi Corbett Field;
(3) Reid Park Zoo.
(f) The parks director is empowered to issue permits authorizing the consumption and possession of wine and malt beverages in public parks and to adopt rules and procedures for the issuance of such permits.
(Ord. No. 5558, § 3, 5-3-82; Ord. No. 7530, § 1, 12-17-90; Ord. No. 9261, § 2, 8-2-99; Ord. No. 9757, § 5, 8-5-02; Ord. No. 9850, § 4, 5-12-03; Ord. No. 11331, § 4, 12-8-15; Ord. No. 11749, § 1, 5-5-20)
Sec. 21-9(1). The adult sports programs shall be self-supporting as far as direct costs of personnel, space rental, and supplies are involved. Therefore, once each year, or more often in the discretion of the department of parks and recreation, the department shall publish and make available to members of the general public a schedule of team and player fees for the adult sports programs.
For all adult sports leagues, the fees shall be as established in the fee schedules as approved by the mayor and council and maintained by the director. Placement of teams in divisions shall be in accordance with regulations or rules of the city parks and recreation director. All fees shall be received by the city on or before the annual league inception date.
(Ord. No. 5213, § 1, 8-4-80; Ord. No. 6758, § 1, 8-3-87; Ord. No. 9261, § 3, 8-2-99; Ord. No. 9757, § 6, 8-5-02; Ord. No. 9850, § 5, 5-12-03; Ord. No. 10260, § 2, 3-7-06; Ord. No. 10748, § 1, 1-5-10; Ord. No. 12114, § 3, 8-7-24)
Sec. 21-9(2). The minimum number of players for sponsored league teams shall be at the discretion of the parks director. (Ord. No. 6758, § 1, 8-3-87)
Sec. 21-9(3). On or before the league inception date, the city parks and recreation director shall receive from each team a roster of participants from whom a fee is required by this section. The director shall be promptly notified of any changes in the roster during the season; and no person shall play who has not paid the required fee, or who is a replacement for such person and notice thereof has not been so given the director. No team shall utilize city facilities until these roster requirements have been fulfilled. Appropriate league sanction shall be imposed for any violation of this minor section and shall include forfeiture of any game in, or in connection with which, such violation occurred. A second violation of this minor section during a league season shall result in immediate expulsion from the league of that team and forfeiture of all sponsor and participant fees paid to the city.
Sec. 21-9(4). All fees paid pursuant to this section shall be deposited in the general fund. (Ord. No. 9757, § 6, 8-5-02)
(Ord. No. 3557, § 1, 11-23-70; Ord. No. 4466, § 1, 4-12-76; Ord. No. 9757, §§ 5, 6, 8-5-02; Ord. No. 9850, § 5, 5-12-03)
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