Except for unusual and unforeseen emergencies,
parks shall be open to the public every day of the year during designated
hours. The opening and closing hours for each individual park or recreation
area shall be posted therein for public information and shall be determined
from time to time by resolution of the Mayor and Council. Any section
or part of any park or recreation area may be declared closed to the
public by the Business Administrator in the event of an emergency
or by the Mayor and Council by resolution at any time and for any
interval of time, either temporary or at regular and stated intervals
and either entirely or merely to certain uses, as shall be reasonably
necessary.
Permits for special events in parks shall be
obtained by application to the Business Administrator in accordance
with the following procedure:
A. A person seeking issuance of a permit hereunder shall
file an application with the Business Administrator stating the following:
(1) The name and address of the applicant.
(2) The name and address of the person, persons, corporation
or association sponsoring the activity.
(3) The day and hours for which the permit is desired.
(4) The park or recreation area or portion thereof for
which the permit is desired.
(5) Any other information which the Business Administrator
shall reasonably require.
B. Standards for issuance of a permit by the Business
Administrator shall include the following findings:
(1) That the proposed activity or use of the park or recreation
area will not unreasonably interfere with or detract from the general
public enjoyment of those areas.
(2) That the proposed activity will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(3) That the proposed activity or uses will not include
violence, crime or disorderly conduct.
(4) That the proposed activity will not entail extraordinary
or burdensome expense or police operation by the township.
(5) That the facilities desired have not been reserved
for other use at the date now requested in the application.
C. Within five days after the receipt of an application, the Business Administrator shall apprise an applicant, in writing, of the reasons for refusing a permit, and an aggrieved person or organization shall have the right to appeal to the Mayor and Council of the Township of Florence by serving written notice thereof on the Township Clerk within five days of said refusal. A copy of said notice shall also be served on the Business Administrator within the same time, and the Administrator shall immediately forward the application and reasons for its refusal to the Mayor and Council, which shall consider the application under the standards set forth under Subsection
B hereof, and the Mayor and Council shall sustain or overrule the Business Administrator's decision within 10 days from the receipt of the appeal by the Township Clerk. The decision of the Mayor and Council shall be final.
D. A permittee shall be bound by all park rules and regulations
and all applicable ordinances of the township.
E. The person or persons to whom the permit is issued
shall be liable for all loss, damage or injuries sustained by any
person whatever by reason of the negligence of the person or persons
to whom such permit shall have been issued. The Business Administrator
shall have the right to require any permittee to submit evidence of
liability insurance covering injuries to members of the general public
arising out of such permitted activities in such amount or amounts
as may be from time to time determined by the Business Administrator
prior to the commencement of any activity or issuance of any permit.
F. The Business Administrator shall have the authority to revoke a permit upon a finding of a violation of any rule or ordinance or upon good cause shown, and the permittee shall have the right to appeal as is set forth in the procedure in Subsection
C hereof.
The Business Administrator, Township Police
and park attendants shall, in connection with their duties imposed
by law, have the authority to eject from the park or recreation area
any person or persons acting in violation of this Article and shall
have the authority to seize and confiscate any property, thing or
device used or employed in violation of the terms of this Article.
The Mayor and Council of the Township of Florence
reserves the right, with respect to any and all public parks and recreation
areas and any facilities located therein or thereon, to enter into
any agreement with the Board of Education of the Township of Florence
concerning the use and control thereof, anything contained in this
Article to the contrary notwithstanding. Any such use of the premises
or facilities therein or thereon by the Board of Education pursuant
to such an agreement shall be free and exclusive from any control
or supervision by the Business Administrator; provided, however, that
said Administrator shall continue to have the power to adopt reasonable
rules and regulations in connection with the use and enjoyment thereof.
[Amended 12-1-1993 by Ord. No. 1993-32]
Any person violating any of the provisions of
this Article or any rule or regulation promulgated pursuant hereto
shall, upon conviction, be subject to a fine not exceeding $1,000
or to a jail term in the county jail not exceeding 90 days or to a
period of community service not exceeding 90 days, or any combination
thereof.
This Article is in addition to and not in derogation
of any other ordinance involving or affecting any of the subject matters
contained in this Article.