DISCLAIMER

RECREATION, LIBRARIES AND AUTHORITIES COMMITTEE


08-056-O

ORDINANCE NO. __________


AN ORDINANCE AMENDING SECTION 35-9 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PROVIDING FOR SPECIAL EVENT PERMITTING IN PUBLIC PARKS AND PUBLIC RECREATION AREAS AND AMENDING SECTION 35-9.3 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PROVIDING FOR THE HOURS OF OPERATION OF PUBLIC PARKS AND PUBLIC RECREATION AREAS.

CITY PROPOSAL:

The city of Duluth does ordain:

     Section 1. That Section 35-9 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 35-9. Regulatory authority of the director of parks and recreation; permits and fees.

     (a)  The director of parks and recreation may issue permits authorizing the following activities in public parks. No person shall engage in the activities specified in this Section mentioned below in a public park or public recreation area without first securing a permit from the department having supervising control of such parks and recreation areas. to do so from the director of parks and recreation Permits may include reasonable restrictions on the activity in order to insure the public safety and protect the public interest. Such restrictions may include, but are not limited to, restrictions on hours, sound amplification limits, types of goods or services offered, types of physical apparatus used, damage deposit, insurance requirements, the provision of additional sanitary facilities and the provision of security personnel;

           (1)  Large picnics. Any picnic where it is reasonably anticipated that 40 or more persons will be in attendance shall require a permit. Such permit shall grant the permittee only nonexclusive use of the park facilities named in the permit during the time for which the permit is effective. The director of parks and recreation may require a clean-up deposit to insure the affected area is properly policed after the picnic;

           (2)  Commercial operations. No commercial enterprise of any kind, including those involving the sale or leasing of any personal property or service, shall be allowed in any public park without a permit. The director of parks and recreation may impose reasonable restrictions on hours of operation, types of goods or services sold or leased, stands and other physical apparatus used, and any other aspect of the operation he deems necessary to restrict. A clean-up deposit and/or insurance may also be required in appropriate cases. Such permits shall grant only nonexclusive use of park space;

           (3)  Special events and performances. Theatrical and musical performances, displays, exhibits, shows, parades, use of any sound amplification device, fairs, meetings attended by over 40 persons, and other special events of a similar nature shall require a permit. The director of parks and recreation may impose restrictions on time and place of such events, may require a clean-up deposit and/or insurance, additional sanitary facilities, security personnel, and any other conditions or restrictions he deems necessary. Such Ppermits shall granted only be nonexclusive use;

           (4)  Alcoholic beverages. Notwithstanding the provisions of Chapter 8 of the Code, the director of parks and recreation permits may grant persons or groups the right to consume alcoholic beverages in a public park in conjunction with a stated activity that is taking place in the park. The director of parks and recreation may impose any restrictions or conditions he deems necessary to secure public safety and order;

           (5)  Use of buildings. The director of parks and recreation may authorize, by written permit, Permits may authorize the exclusive or nonexclusive use of all or part of any structure within a public park or public recreation area under his control. In such permit, the director of parks and recreation may require a clean-up deposit and/or insurance, security personnel and any other conditions or restrictions he deems necessary;

           (b)  Applications for permits required by this Article shall be made in accordance with city requirements, writing to the director of parks and recreation on forms provided by him and shall be made at least one week before the event activity which is the subject of the permit is to occur. All permits issued shall be in writing, shall state provide the dates and times for which the permit is effective, and shall state list any restrictions or conditions of the permit. A schedule of permit fees for each type of permit shall be established by city council resolution to cover costs in issuing permits and any extraordinary expenses incurred by the city because of the activity. The annual fees for all permits provided for in this Article shall be set in accordance with Section 31-6(a) of this Code. Permit fees shall be submitted with the permit application;

     (c)  The director of parks and recreation A permit shall be issued a permit only when if he finds that the permitted activity:

           (1)  Is consistent with public use and enjoyment of the park; and

           (2)  Will not endanger persons using the park or any property in the park; and

           (3)  Will not be a nuisance or an unreasonable disturbance to the neighborhood surrounding the park;

     (d)  Any person denied a permit by the director of parks and recreation may appeal such decision to the city council by giving written notice of such appeal to the director of parks and recreation within ten days after receiving notice of the permit denial. The city council shall promptly hear the appeal and grant or deny the permit. The city council shall apply the standards set forth in Subsection (c) of this Section in deciding the appeal. A permit may also be denied to any person or organization that has been convicted of violating any law while in a public park or public recreation area or has violated any term or condition of a special events permit. Any such ineligibility may be in effect for up to one year following such conviction or violation;

     (e)  An applicant may appeal the denial of a permit to the chief administrative officer in writing within 10 days after notification of denial is sent. All decisions of the chief administrative officer shall be final.

     Section 2. That Section 35-9.3 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 35-9.3.     Use of parks between certain hours prohibited without prior registration, exceptions.

     (a)  Except as provided herein in this Section, no persons shall enter or remain in any public park or public recreation area, except Canal Park between the hours of 12:00 midnight and 6:00 a.m. on any day. ;

     (b)  The provisions of paragraph (a) shall not apply in Canal Park;

     (c)  The provisions of paragraph (a) shall not apply in Bayfront Festival Park. Except as provided in this Section, no person shall enter or remain in Bayfront Festival Park between the hours of 10:00 p.m. and 6:00 a.m. on Sunday through Thursday and between the hours of 10:30 p.m. and 6:00 a.m. on Friday through Saturday;

     (d)  The provisions of paragraph (a) shall not apply in Park Point Recreation Area. Except as provided in this Section, no person shall enter or remain in Park Point Recreation Area between the hours of 10:00 p.m. and 6:00 a.m. on any day;

     (e)  The provisions of this Section shall not apply in any public park or public recreation area for which a different time period has been authorized by special event permit or contract;

     (f)  The director of parks and recreation of the city appropriate department director having the supervision of public parks and public recreation areas is hereby authorized to close any public park or public recreation area between the hours of 10:00 p.m. and midnight, or any part of such time period, by posting appropriate signs to such effect at such park or recreation area, and in such case, no person shall enter or remain in such park or recreation area during such hours. ;

     Provided, however, that before exercising his authority pursuant to this paragraph, the director of parks and recreation shall file notice with the city council of his intention to do so at least three days prior to a council meeting and, if the council does not disapprove such action by resolution adopted no later than the second council meeting after such notice is filed, the director may then proceed to implement the closing of the park. The director of parks and recreation of the city is hereby authorized to suspend the provisions of the first and second paragraphs of this Section with respect to any park or recreation area for special events or occasions.

     (g)  The provisions of this Section shall not be applicable to law enforcement personnel, nor to employees or agents of the city while carrying out their official duties; within the scope of their employment with the city. The provisions of this Section shall not be applicable to any person if such person or a group of which such person is a member or guest has received a permit to be in such park or recreation area during such time from the director of parks and recreation of the city. The director of parks and recreation shall issue permits authorizing use of public parks or public recreation areas during the hours such parks or recreation areas are closed pursuant to this Section to all persons or groups requesting such permits; provided, however, that any person or any group including any person who has been convicted of violating any law while in a public park or public recreation area during such hours, shall not be issued such a permit for a period of one year after such conviction.

     (h)  The provisions of this Section shall not be applicable to any person while he is making use of any park or recreation area for fishing or boating purposes, or to any person while driving a vehicle on a park road for purposes of passing through such park, or to any person while a passenger in or on such a vehicle.

     Section 3. That this ordinance shall take effect 30 days after its passage and publication.


ADMIN/ATTY


STATEMENT OF PURPOSE:  Section 1 of this ordinance reorganizes, simplifies and updates code language. It also changes the appeal process when a permit is denied. The council is eliminated as the appellate body and grants that authority to the chief administrative officer.


Section 2 provides changes to the standard hours of operations in Bayfront Festival Park but continues to authorize a variance from the standard hours pursuant to special event permit or contract. It also codifies time restrictions that have been in place at Park Point. It also provides alphabetical pagination for easier cite reference and updates code language.