12.25.090 Permits.
A. It is unlawful for any organized group to use the skate park or pump track facilities or any portion thereof without authorization or permit issued by the director.
B. For purposes of this section an “organized group” shall include any team, league, club 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 or for groups holding tournaments, meets or any other organized competition.
C. Permit Procedure.
1. Application for a permit shall be made on a form provided by the director and must be accompanied by the fee established by the city pursuant to Chapter 3.24.
2. The director may 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’s 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 Facility has not been reserved for other use at the day and hour required in the application.
3. Exemptions. No permit shall be required for city-sponsored events.
4. Appeal. Within ten days after receipt of an application, the director shall inform an applicant in writing of the reason(s) for refusing a permit, and any aggrieved person shall have the right to appeal in writing within thirty days to the city manager, who shall consider the application under the standards set forth in subsection (C)(2) of this section and sustain or overrule the director’s decision within thirty days. The decision of the city manager shall be final.
5. Effect of Permit. A permittee shall be bound by all skate park or pump track facility and city 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, or the City, resulting from the use allowed by the permit.
7. Subject to Conditions. Any such permit shall be issued subject to such conditions as the director deems appropriate, including but not limited to the following:
a. Proof of insurance;
b. Indemnification of the city and its officers, employees, agents and volunteers;
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 facility rules and regulations.
8. Revocation. The director 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 subsection (C)(2) of this section 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 director shall post or cause to be posted signs at conspicuous places at the skate park giving notice of the provisions of this section.
Code reviser’s note: Pursuant to the intent of Ord. 2023-11 and at the direction of the city, “pump track” language has been incorporated into this section.
(Ord. 2008-01 § 1 (Exh. A), 2008)