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HomeMy WebLinkAbout2502 Chetzemoka Park Facility Use ...... . . Ordinance No. 2502 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ESTABLISHING A NEW CHAPTER 3.38 ENTITLED, CHETZEMOKA PARK FACILITY USE, OF THE PORT TOWNSEND MUNICIPAL CODE ESTABLISHING RULES AND FEES FOR THE CITY-OWNED PARK WHEREAS, the City of Port Townsend takes great pride in the Chetzemoka Park and desires to see it properly maintained and cared for; and WHEREAS, Chetzemoka Park traditionally has been open and available for use by the general public, although the City has allowed private parties to reserve the facility (which includes the kitchen shelters and bandstand) for the exclusive use of private groups for activities such as weddings,. reunions and receptions; and WHEREAS, the City desires that the park and facility use remain free of charge for general public group use, including large public events such as community concerts, the AIDs Walk and other art, social or music events; and WHEREAS, because of the impact on the park of private special events, including increased maintenance, staffing and cleanup, the City desires to charge a use fee for the. facility for certain defined, exclusive events not open to the general public; and WHEREAS, the City further desires to articulate general use regulations for all group users of the park to ensure the park is used properly and for the benefit and enjoyment of all the public; and Whereas, the City desires to give priority for group use to the residents of Port Townsend given that local taxes go to support the Parks Department and maintenance of City parks, NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as follows: Section 1. A new Chapter 3.38, Chetzemoka Park Facility Use, of the Port Townsend Municipal Code is hereby established and shall be codified by the City's Code Reviser to read as follows: .. " . e 3.38 Chetzemoka Park Facility Use Sections: 3.38.010 Chetzemoka Park Facility - General Use Regulations 3.38.020 Fees ~ Permit - Insurance. 3.38.010 Chetzemoka Park Facility - General Use Regulations A. It is the intent of this chapter to maximize the use of the Chetzemoka Park facility, defined as the indoor and outdoor kitchen shelters and bandstand ("the facility"), on a "first- come, first-served" basis, with priority being given to City of Port Townsend residents. It is the further intent of the City to regulate group use of the park to ensure that it is used in a safe and environmentally sound manner, and that private group use of the facility does not diminish the enjoyment of the park by the general public. To ensure that the facility is used in a manner consistent with these intentions, the following general use regulations shall be applicable to all group users of the facility and the park: 1. Organizations based in Port Townsend and individuals with proof of residence in Port Townsend may reserve the facility up to one year in advance of the proposed date of use. 2. Organizations based outside Port Townsend and individuals not residing in Port Townsend may reserve the facility up to six months in advance of the proposed date of use. 3. The facility may be reserved for no more than three consecutive days and for no more than six days per year, unless otherwise approved by the parks, recreation, and property committee based on the significant community value of the proposed event. 4. The facility may be reserved for no longer than five hours for anyone group per day, unless special permission for longer use is pre-approved by the public works director, or his or her designee. 5. out of the park. No vehicles are allowed inside the park. All items must be carried in and 6. No tables, awnings, chairs or tents are allowed in the park, other than the tables or chairs provided by the parks department and/or other arrangements approved in advance by the parks department. 2 . . 7. Nails, staples or tacks to hang decorations on any walls, posts, ceilings or picnic tables are not allowed. The use of string or tape is allowed. All decorations must be removed immediately after the function. 8. No amplified sound is allowed in the park, unless approved in advance by the parks department. 9. Any party reserving the facility shall be financially liable for any and all damages to the facility as a result of their use, and shall leave the facility as clean or cleaner than when found. 10. The finance department at City Hall is authorized to provide information and reserve dates during normal city office hours excluding holidays. In case of reserving a holiday date, the request shall be made on a regular working day prior to the holiday. 11. The public works director, in consultation with the parks, recreation, and property committee is authorized to develop additional rules and regulations regarding the facility and park use. 3.38.020 Fees - Permit - Insurance. This section applies to group users who wish to reserve the facility. There shall be no fee for Category 1 users. Fees for use of the facility by Categories 2 and 3 users shall be collected in advance as set forth in subsection B below. A. Cate~ory 1 - No char~e. This category includes any non-exclusive group use of the facility, including but not limited to community events such as "The Aids Walk" and community concerts, functions or celebrations, small birthday parties and other similar small gatherings, use by schools or day cares, and constitutionally protected events such as political or religious gatherings. This category also includes group users as identified in subsection B below when the group is 25 or fewer persons. There shall be no charge or fee of any kind for group use by Category 1 users. 1. Group users under Category 1 shall contact the city clerk's office at City Hall and fill out a reservation form. The city will issue a reservation notice for any confirmed reservations. B. Cate~ories 2 and 3. These categories include group use of the facility for private events such as weddings, receptions, for-profit enterprises, retirement banquets, family or class reunions or other similar activities not open to the general public, for groups of 26 persons or greater. Categories 2 and 3 users must apply for and receive a permit at least 30 days prior to the day of the proposed event. 3 . It . 1. The following fee applies to Category 2 use: 26 to 75 persons = $100. 2. The following fee applies to Category 3 use: 76 to 150 persons = $150. 3. No reservations for exclusive use by groups greater than 150 persons shall be allowed. C. Insurance. Categories 2 and 3 users shall provide the city with evidence ofliability insurance coverage for the term of the permit, as a condition to receiving a permit. The liability insurance may be special event insurance on a homeowner's policy or other similar insurance deemed acceptable to the city, in a form approved by the city attorney. The applicant shall provide the city with a certificate of insurance naming the city of Port Townsend as an additional insured. D. Hold harmless agreement. The permit for Categories 2 and 3 shall contain a hold harmless and indemnification clause, in a form approved by the city attorney, to be signed by the sponsor of the event. E. Where alcohol will be served or consumed at the event, all users shall obtain a "Banquet Permit" from the Washington State Liquor Board. F. Deposits and advance payments for Categories 2 and 3 shall be made in accordance with the following schedule: 1. All reservations shall be secured by a deposit equal to one-half the fee payable within 2 weeks of the date the reservation is made. The deposit securing a reservation cancelled no less than 30 days in advance of a scheduled use shall be refunded less a $15 administrative charge; no refund shall be made if a reservation is cancelled less than 30 days in advance of a scheduled use. The remaining fee shall be paid at least 30 days prior to the day of the scheduled event. 2. A refundable key and damage deposit shall be made at the time of payment for the use of the facility. If it is determined by the public works department that no damage has occurred during the use and the key has been returned, the full amount of the deposit shall be refunded. A damage deposit of $50 is required for activities of 75 or less users when no food or alcohol will be consumed. A damage deposit of $150 is required for activities of 75 or more users, or if food or alcohol will be consumed during any use. G. Any city department official assigned to oversee or inspect the event may revoke a permit under Categories 2 and 3 if any of the group users are violating the law, the general use regulations of Section 3.38.010 of this chapter, or any permit condition, and may suspend a Category 1 group use for any violation of the law or the general use regulations of Section 3.38.010 of this chapter. (Ord. _ ~ 1, 1996.) 4 r -4' ~ -. . . . Section 2. If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 16th day of January, 1996. 77l~~ Attest: 5