12.12.050 Permits.
A. It is unlawful for any organized group to use any park, playground or recreation area without authorization or permit issued by the city manager or his or her designee.
B. For the purpose of this section an “organized group” shall include any team, league or group consisting of six or more individuals who participate together in recreation, sport or similar activity two or more times in a thirty-day period.
C. Permit Procedure.
1. Application for said authorization or permit shall be on a form provided by the city manager or his or her designee accompanied by the fee established by the city manager pursuant to Chapter 3.24.
2. The city manager or designee shall issue a permit hereunder if it is found that:
a. The proposed activity is consistent with the recreational needs of the community;
b. The proposed activity will not unreasonably interfere with or detract from the general public enjoyment of the park or the surrounding neighborhood. In case of a conflict in requests or schedules, preference shall be given to Marina-based youth organizations to the extent possible;
c. The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
d. The proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;
e. The proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the city;
f. The facilities desired have not been reserved for other use at the day and hour required in the application.
3. Exemptions. No permit shall be required for city employees utilizing or participating in city-sponsored wellness program activities or for volunteer firefighters and public safety reserve officers when exercising or practicing for traditional fire muster or police or fire Olympic events; provided, however, that such activities shall be coordinated so as not to interfere with previously scheduled organized group activities at a park, playground or recreation area.
4. Appeal. Within ten days after receipt of an application, the city manager or designee shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within thirty days to the city council, which shall consider the application under the standards set forth in subdivision 2 of this subsection and sustain or overrule the city manager’s or designee’s decision within thirty days. The decision of the city council shall be final.
5. Effect of Permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.
6. Liability of Permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever resulting from the use allowed by such permit.
7. Subject to Conditions. Any such permit shall be issued subject to such conditions as the city manager or designee deems appropriate including but not limited to the following:
a. Proof of insurance;
b. Indemnification of the city;
c. Damage deposit;
d. Security requirements;
e. No alcoholic beverages including beer;
f. Requirement that all participants are aware of the conditions of the permit and all park rules and regulations.
8. Revocation. The city manager or designee shall have the authority to revoke a permit upon finding a violation of any rule or ordinance or condition, that the facts leading to the findings in subdivision 2 of this subsection are no longer present or upon any other good cause shown. Upon such revocation, the permit shall no longer be valid and all members of the organized group must immediately cease use of the facility.
D. The parks and recreation director shall post or cause to be posted signs at conspicuous places at all parks, playgrounds and recreation areas giving notice of the provisions of this section. (Ord. 94-14 § 1, 1994)