A. Rules And Regulations: The village board may, from time to time, establish reasonable rules and regulations for the use of each facility within a park. Such rules and regulations shall be based on a due regard for the purpose for which the facility is established, the safety of those using the facility, of village employees and of the public, the safety and maintenance of park property, the need for and the availability of supervisory personnel, and the maximum number of people who can safely use the facility at one time. Subject to the foregoing, and except as hereinafter provided, all village facilities may be used by members of the general public, without permit, for recreational and athletic purposes not inconsistent with the nature of the facility and the safety of the public and of park property.
B. Solicitations:
1. Commercial Solicitation Permit Requirement: Any person engaged in commercial solicitation, must have a valid permit issued pursuant to the provisions of this section. Persons issued permits for commercial solicitation may only conduct such solicitation in those places within the park considered traditional public forums or places designated public forums by the village. These locations shall be identified for the applicant and placed on the permit at the time of issuance. Permits must be carried on the permittee while engaging in solicitation. Commercial solicitation may only take place between the hours of nine o'clock (9:00) A.M. and four o'clock (4:00) P.M.
2. Noncommercial Solicitation: Individuals engaged in solicitation for religious, charitable or political purposes may do so at those places within the park considered traditional public forums or places designated public forums by the village. All noncommercial solicitation must be performed between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. See also 10 Illinois Compiled Statutes 5/17-29.
3. General Solicitation Restrictions: In order to serve the village's interests in traffic flow and safety, persons engaging in any solicitation under this chapter may not: a) stand in any vehicular traffic lane when a roadway is open for use by vehicles; b) block pedestrian traffic; c) hold signs in a manner that blocks or interferes with the visibility at or near street intersections or driveways; d) harass anyone that does not want to be solicited; or e) engage in the act of peddling. Additionally, persons displaying signs on public sidewalks must give at least four feet (4') width clearance for pedestrians to pass by.
C. Permit Requirements: A permit shall be required to:
1. Conduct a public assembly, parade, picket, picnic, or other event involving more than ten (10) individuals, however, any use of the village's large (east) shelter shall require a permit. Private parties or other scheduled events at all other shelters (not including the large (east) shelter) are not permitted; said shelters shall be available for use by all visitors of Wadsworth Park on any given day unless prior use approval has been given by the Village Board.
2. Conduct any exhibit, music or dramatic performance, fair, circus, concert, play, radio or television broadcast, other than a news transmission. Insurance and an indemnification agreement may be required.
3. Exhibit or display any motion picture, television program or similar event. Insurance and an indemnification agreement may be required.
4. Create or emit any amplified sound, except from a radio, recorder or other device possessed and used by an individual for his own enjoyment and operated in such a manner so as not to interfere with the use and enjoyment by any other person.
5. Place, station or erect any building, stand, bandstand, stage, tower, scaffold, sound stage, platform, rostrum, hammock, swing, tent, shelter, or other structure or camping equipment.
6. Station or use any electrical or electronic device or equipment that would require outdoor auxiliary power.
7. Sell, lease, advertise or offer for sale or lease any goods or services except as otherwise provided in this chapter. Insurance and an indemnification agreement may be required.
8. Display, post or distribute any placard, handbill, pamphlet, circular, book or other writing containing commercial advertising matter on park property except as otherwise provided in this chapter.
9. Bring, land or cause to ascend or descend or alight on park property, any airplane, helicopter (flight for life excepted), flying machine, piloted balloon, parachute, motorized model aircraft, model rocket or other motorized apparatus for aviation.
10. Use park property for day camps, instructional classes or organized group classes not sponsored by the village. Insurance and an indemnification agreement may be required.
11. Construct, maintain or use any canopy or tent upon park property.
12. Use Campanella Field in conjunction with baseball/softball league game play. Insurance along with an indemnification agreement may be required.
13. Use Campanella Field in conjunction with baseball/softball league practice play.
14. Use Campanella Field for a scheduled nonleague "pick up" ball game or practice.
D. Application For Permits:
1. Filing Written Application: Any person seeking the issuance of a permit shall apply for a permit by filing a written application for a permit on a form that shall be prescribed by the village administrator. Except as otherwise provided, any other ordinance, rule or regulation of the village with respect to the activity in question, applications for permits shall be filed with the village administrator or designated alternate at the village's administrative offices located at 14155 West Wadsworth Road in Wadsworth, Illinois. All permit applications and recipients shall be at least twenty one (21) years of age at the time of application; proof of age shall be required. (Note: The person making the application need not be present at the scheduled event, but will be held responsible and liable for any and all activities that take place in conjunction with said permitted event.) All reservations must be made in person with only one reservation accepted per person for any particular day.
2. Application Fee: For any activity requiring a permit, the village board may establish an application fee. If such a fee is established, no permit may be granted unless the fee is paid at the time of filing the application. The fee shall be based on and related to the amount it takes to process the application as determined and set by the village board.
3. Indemnification And Reimbursement Agreement: No application for permit shall be granted unless the applicant shall have executed an agreement with the park, on a form to be prescribed by the village, in which the applicant shall promise and covenant to bear all costs of policing, cleaning up and restoring the park property upon conclusion of the event or activity; to reimburse the village for any such costs incurred by the village; and to indemnify the village and hold the village harmless from any liability to any person resulting from any damage or injury occurring in connection with the permitted event proximately caused by the action of the permittee, the sponsoring organization, its officers, employees or agents or any person under their control insofar as permitted by law.
4. Security Deposit: For any activity requiring a permit, no application for permit shall be granted unless the same shall be accompanied by the deposit of a sum of money equal to the estimated cost of policing, cleaning up and restoring the park property upon conclusion of the use or activity, as set by the schedule of fees set by the village. A security deposit shall not be required for events wherein the estimated cost thereof is estimated to be less than one hundred dollars ($100.00). Promptly after the conclusion of a permit activity, the village shall inspect the premises and equipment used by the permittee. If it is determined by such inspection, that the permitted event proximately caused damage to park property in excess of normal wear and tear and which requires repairs in excess of routine maintenance or determined that fines should be assessed against the permittee pursuant to this chapter, the village shall retain the security deposit or any portion thereof necessary to pay for the cost of repair or any fines assessed against the permittee. The village administrator or his designee shall give written notice of the assessment of damages or fine and retention of the security deposit to the permittee by personal delivery or by deposit in the United States mail, with proper postage prepaid to the name and address set forth in the application for permit.
5. Fees For Use Of Park Facilities: No application for permit shall be granted unless the same shall be accompanied by a fee as provided in the uniform schedule of fees set by the village.
6. Insurance: Applicant, if so required by the village, shall procure and maintain at all times during its use of park property, insurance in such amounts and with such coverages as shall reasonably be required by the village and shall name the village as an additional insured thereunder. The amounts and type of insurance required shall be determined by the village administrator, based upon the nature of the activity and the risk involved. The village administrator shall prepare a uniform schedule of insurance guidelines for particular types of activities. Applicant shall provide the village with a certificate from its insurer evidencing such coverage prior to applicant's use of park property (the village shall be named an additional insured). The certificate shall also provide that the insurer shall give the village reasonable advance notice of insurer's intent to cancel the insurance coverage provided.
7. Conflict Of Planned Events: Permit applications shall not be accepted by the authorized village official when it appears to the authorized village official that there would be a conflict with any planned community activity which would require use of the facility or when the prescribed capacity would be exceeded.
8. Refusal Of Permit Application: No permit application shall be made for any organization known to the authorized village official to discriminate on the basis of race, creed, sex, skin color, national origin, provided, however, that this provision shall not prevent a reservation on behalf of a church league or other religious organization.
9. Discrimination Prohibited: No organization or individual shall be refused the issuance of a permit because of any religious beliefs, race, creed, sex, skin color or national origin of that individual or the constituent members of the organization.
10. Village Right To Cancellation: The village board reserves the right to cancel any approved permitted activity. In the event of such cancellation, the reservation fees and security deposit shall be returned to the applicant.
11. Withdrawal Of Issued Permit; Refund: In the event the person or organization desires to withdraw its issued permit, that person or organization shall be entitled to a refund of the fee paid on the following basis:
a. Thirty (30) days or more prior to the scheduled event: The entire fee and security deposit shall be refunded.
b. Less than thirty (30) days prior to the scheduled event: No part of the fee shall be refunded but the security deposit shall be refunded.
12. Use Of Village Hall: It is the policy of the village that the village hall shall not be used by any entity or group which is a for profit organization, nor by clubs or private parties. Any use of the village hall shall be subject to the prior approval of the village board.
E. Processing Of Application For Permits:
1. Order: Applications for permits shall be processed in order of receipt; and the use of a particular park or part thereof shall be allocated preference in order of receipt of fully executed applications.
2. Preliminary Approval: Applications for permits for activities or events which require insurance, approval or permits from other governmental entities, or compliance with other terms or conditions, will be reviewed and, if the application otherwise conforms to all other requirements, a preliminary approval will be issued. If, within fourteen (14) days of the issuance of the preliminary approval, an insurance certificate evidencing the requisite insurance is not filed with the village administrator, or the approval or permit of other governmental entities has not been received, or the other terms and conditions have not been met, the preliminary approval will expire, the application for permit will be deemed denied and no written notice of denial will be required; provided, however, for events or activities which involve the use of special facilities, or activities described in this chapter, all terms and conditions for issuance of the permit, including securing insurance, must be completed prior to the event.
3. Written Denials: Except for applications for permits for which preliminary approvals have been issued, applications for permits shall be deemed approved subject to insurance requirements as provided in this chapter. If no written denial is issued within fourteen (14) days of the date on which the application is fully completed, executed and filed with the appropriate officer or employee, as designated by the village administrator, the village may extend the period of review for an additional fourteen (14) days by issuance of a written notice of extension. If, prior to the expiration of the extended review period, no written denial is issued, the application for permit shall be deemed approved.
4. Notice Of Extended Review Or Denial Or Issuance Of Permit: Written notice of denial or notice of extension shall be served on the applicant by personal delivery, or by deposit in United States mail, with proper postage prepaid, to the name and address set forth on the application for permit.
5. Contents Of Notice; Grounds For Denial: Notice of denial of an application for permit shall clearly set forth the grounds upon which the permit was denied and, where feasible, shall contain a proposal by the village for measures by which the applicant may cure any defects in the application for permit or otherwise procure a permit. Where an application for permit has been denied because a fully executed prior application for the same time and place has been received, and a permit has been or will be granted to the prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular area, the village shall propose an alternate place, if available for the same time, or an alternate time, if available for the same place. The village may deny an application for permit on any of the following grounds:
a. The application for permit is not fully completed and executed.
b. The applicant has not timely tendered the application fee, user fee, indemnification agreement, or security deposit.
c. The application for permit contains a material falsehood or misrepresentation.
d. The applicant is legally incompetent to contract or to sue and be sued.
e. The applicant or the person on whose behalf the application for permit was made has on prior occasions damaged park property and has not paid in full for such damage, or has other outstanding and unpaid debts to the village.
f. A fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular park or part thereof.
g. The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the village.
h. The proposed use or activity is prohibited by or inconsistent with the recognized and accepted uses of the park or part thereof.
i. The use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other users of the park, of village employees or of the public.
j. The applicant has not complied or cannot comply with applicable licensure requirements, ordinance or regulation of the village concerning the sale or offering for sale of any goods or services.
k. The use or activity intended by the applicant is prohibited by law, by this chapter or by another ordinance of the village.
l. The applicant has not secured the requisite insurance.
m. The applicant or the person on whose behalf the application for permit was made has on prior occasions made material misrepresentations regarding the nature or scope of the event or activity previously permitted or has violated the terms of prior permits issued to the applicant.
6. Amendment Or Revision Of Applications: Any amendment or revision of an application for permit shall, for purposes of determining the priority of the application for permit, relate back to the original filing thereof, but the time in which the village shall grant or deny the application for permit and serve notice of such granting or denial shall be computed from the date of the amendment or revision.
F. Procedures For Review; Waivers:
1. Review By Village Administrator:
a. Any applicant who is denied a permit or a permittee who is assessed damages or a fine pursuant to this chapter may, within seven (7) days of the service of notice of such determination, file a written appeal from such determination with the village president.
b. The village president shall have seven (7) days from the date on which the appeal was filed in which to serve upon the applicant a notice that he has affirmed, modified or reversed the denial.
c. Such notice shall be deemed served upon the applicant or permittee when it is personally delivered or when it is sent by United States mail, with proper postage prepaid, to the name and address set forth on the application for permit.
2. Form Of Appeals: Any appeals filed pursuant to this chapter shall state succinctly the grounds upon which it is asserted that the denial should be modified or reversed and shall be accompanied by copies of the application for permit, the written notice of the determination of the supervisor and/or the village administrator and any other papers material to the determination.
3. Waiver Of Requirements: Any requirements for or limitation upon a permit or the requirement of a permit may be waived by the village administrator if the activity is protected by the first amendment of the United States constitution and the condition would be so financially burdensome that it would preclude the applicant from using park property for the proposed activity. Fees for equipment and services may not be waived pursuant to this subsection. Application for a waiver shall be made on a form prescribed by the village administrator.
G. Fines: The violation by a permittee of the terms of a permit or the laws and regulations of the village shall subject the permittee to a civil fine of up to the maximum amount permitted by law. Each day that a violation continues shall be deemed a separate violation. Such fines may be assessed against any security deposit held by the village on behalf of the permittee pursuant to this chapter, or may be assessed in an amount in excess of any security deposit held by the village. The village administrator shall give the permittee prompt written notice of any fines to be assessed in excess of the security deposit. Such notice shall be served on the permittee by personal delivery, or by deposit in the United States mail, with proper postage prepaid to the name and address set forth on the application for permit. (Ord. 2010-811, 4-20-2010; Ord. 2019-1075, 10-15-2019)