Whenever used in this chapter:
A. "Amplified sound" means speech or music projected or transmitted by electronic equipment, including amplifiers, loudspeakers, microphones, bull horns or similar devices or combinations of devices, which is intended to increase the volume, range, distance or intensity of speech or music and are powered by electricity, battery or combustible fuel.
B. "Director" refers to the parks and recreation director for the county, his or her delegate or authorized representative.
C. "Park" includes all grounds, roadways, avenues, parks, buildings and school facilities, under the management, care and control of the parks and recreation department.
D. "Parks and Recreation Committee" refers to the Douglas County parks and recreation advisory committee.
E. "Permit" means an approved application for use of any park, or portion of a park as provided for and defined in this chapter.
F. "Non-park facilities" include all facilities under the management, care or control of the parks and recreation department, which are not specifically designed or used primarily for recreation activity. (Ord. 752, 1996; Ord. 492, 1990; Ord. 267 §1 (part), 1977)
The purpose of this chapter is to regulate the use of the parks and non-park facilities of the county in order that all people may enjoy and make use of the parks, and non-park facilities and to protect the right of all of the residents and property owners of Douglas County to use the parks and non-park facilities. (Ord. 267 §1(part), 1977)
A. The provisions of this chapter apply to all parks, and non-park facilities. These provisions govern the use of all parks and the observance of these provisions is a condition under which the public may use the parks and non-park facilities.
B. The provisions of this chapter do not apply to any public officer, employee or peace officer who is acting within the course and scope of the public business or pursuant to lawful authority. (Ord. 752, 1996; Ord. 267 §1 (part), 1977)
A. No person shall enter, be or remain in any park or non-park facility of the county unless that person complies with this code and the regulations established here.
B. The director is authorized to eject and expel from any park any person who violates any of the provisions of this chapter or any other law, ordinance or rule.
C. No person being ejected or expelled under the provisions of this chapter shall refuse to leave any park or non-park facility as ordered nor shall the person return to the park or non-park facility within a minimum of twenty-four hours of the ejection or expulsion without the permission of the director. Violation of this section will be considered a trespass, as stated in section 13.04.300. (Ord. 1395, 2013; Ord. 752, 1996; Ord. 492, 1990; Ord. 267 §1 (part), 1977)
In the event of an emergency or the determination by the sheriff or the director that the public interest, health, welfare and safety requires that any park or non-park facility or any portion must be closed to the public, all persons may be excluded, park usage rules or conditions of application may be modified, until the emergency, or the basis for the sheriff's, or director's determination has ceased. Upon cessation, the park or non-park facility shall be reopened to the public. (Ord. 752, 1996; Ord. 492, 1990; Ord. 267 §1 (part), 1977)
No person shall hold, conduct, participate in, attend or address any meeting, organized gathering or assemblage, group picnic, celebration, parade, service or exercise involving 25 or more persons in any park without acquiring a permit from the director as provided in this chapter. (Ord. 752, 1996; Ord. 492, 1990; Ord. 267 §1 (part), 1977)
Any person applying for a park permit under this chapter shall file an application for the permit with the director in accordance with parks and recreation department policy. (Ord. 752, 1996; Ord. 492, 1990; Ord. 267 §1 (part), 1977)
The application shall contain, but not be limited to:
A. The name of each applicant, the sponsoring organization and the person who is in charge of, or responsible for, the proposed activity;
B. The business and residence addresses and telephone numbers of each person and entity named in subsection A;
C. The park or portion being applied for;
D. The starting date and time of the proposed activity, including setup;
E. The finishing date and time of the proposed activity, including cleanup;
F. The number of persons expected;
G. Additional county services requested including personnel, equipment, etc.;
H. The nature of the proposed activity or activities, including equipment and vehicles to be brought into the park, the nature and duration of the use of the equipment, and the nature and duration of any amplified sound;
I. Provision for security, if required;
J. Whether or not alcohol will be served or sold;
K. If required, provision of insurance verification naming the county as additional-insured, in an amount acceptable by the director for the proposed event. (Ord. 752, 1996; Ord. 267 §1 (part), 1977)
A. The director shall respond to each complete application on or before ten days after filing of the application.
B. The director shall grant the application when it complies with the conditions set forth by the director, including but not limited to the following:
1. The requested activity is consistent and compatible with property and appropriate park uses at the location for which the application is made;
2. The requested activity is reasonable and will not interfere with other areas, or portions of the parks not reserved in the application;
3. The requested activity will comply with the provisions of this chapter and the provisions of any other applicable statute, law, rule or regulation;
4. The requested activity is not reasonably anticipated to incite riot, violence or criminal or disorderly conduct;
5. The requested activity will not require the diversion of so many peace officers of the county to properly police the park as to hinder police protection to the county;
6. The requested activity will not impose an unreasonable or burdensome expense to the county; expenses incurred in support of the proposed activity, such as overtime or other unanticipated expenses, may be assessed in addition to the facility use fee;
7. The applicant agrees to comply with any and all reasonable conditions and requirements concerning the use of the park or portion of the park as imposed by the director upon granting any permit;
8. The applicant agrees to inform all participants in the proposed activity of all conditions and requirements of use imposed by the director;
9. The requested activity will be reviewed for health, welfare, and safety concerns; which may result in denial of the application;
C. The director may deny any park application if any of the conditions, standards and guidelines set forth in this chapter, and department policies and procedures are not satisfied. Any denial must specify the grounds for the denial. (Ord. 752, 1996; Ord. 492, 1990; Ord. 267 §1 (part), 1977)
An applicant may appeal the decision of the director to the board of county commissioners. Within five days of the director's notification of the decision, the applicant must file a notice of appeal in to the director stating the grounds for the appeal. The board of county commissioners shall hold a hearing at the next possible regularly scheduled meeting with respect to the appeal at which time the applicant may present any and all evidence, testimony, and information relevant to the application. The board of county commissioners shall specify its grounds for affirming or denial. (Ord. 752, 1996; Ord. 492, 1990; Ord. 267 §1 (part), 1977)