[HISTORY: Adopted by the Town Board of the Town of Genesee 10-10-2011 by Ord. No.
11-3. Amendments noted where applicable.]
The Town parks of the Town of Genesee, Waukesha County, Wisconsin,
shall have the following rules and regulations governing the use of
said parks by any person or organization and these rules and regulations
are hereby adopted as the rules and regulations governing the use
of the parks:
A.
Rules and regulations regarding private use of the Town parks.
(1)
General.
(a)
Private use is available only for nonprofit organizations and
individuals.
(b)
Applications for use shall be made in writing through a Park
Reservation Form available at the Town Hall. Use of recreation facilities
and/or buildings for special occasions or events will not be permitted
unless the application is approved by the Town Clerk. In the event
the Town Clerk has any questions or concerns regarding approval of
the Park Reservation Form, the Town Clerk may refer the matter to
the Park Board which shall than have the authority to determine whether
the Park Reservation Form will be approved. No Park Reservation Form
which requests the use of the soccer fields and/or ball diamonds shall
be approved until it is first approved by the Recreation Director.
(c)
The Park Board reserves the right to govern the use of the buildings
and facilities within the parks and may accept/reject any request
or cancel any function at any time with or without prior notice. In
the event of rejection or cancellation, the Park Board shall notify
the Town Chairman within 24 hours.
(d)
Applications for use will be on a first come, first served basis.
(e)
Certificates of insurance may be required at the discretion
of the Town Clerk or recommendation of the Park Board, reflecting
the coverages and amounts as may be required by the Town Clerk or
Park Board.
(f)
The responsible person signing the application does, by so doing,
agree to be bound by all of the following obligations, personally
and on behalf the organization for which the reservation is made (if
any), and if on behalf of an organization, the responsible person's
and organization's obligations shall be joint and several: The
responsible person and the organization for which the reservation
is made (if any) shall indemnify and save harmless and agree to tender
of defense and to defend and pay any and all legal, accounting, consulting,
engineering and other expenses relating to the defense of any claim
asserted or imposed upon the Town of Genesee, its officers, agents,
employees and independent contractors growing out of this use of the
Town park and will be financially responsible for any and all damages
to park facilities that arise from this use of the Town park.
(g)
Private users must complete an application form with the Town
and abide by all of the terms and conditions thereof. Among other
requirements, the private user shall agree to indemnify the Town,
and the Town Board may require that insurance be provided to protect
the Town.
(h)
Town facilities and grounds available for private use are limited
to the Town parks, park shelters and/or grounds within the park that
must be clearly described in the application.
(i)
Town functions will take priority. Private use of the facilities
and/or grounds shall not be to the exclusion of Town uses. Town officials
and employees may enter the premises at any time, even during the
private use, for any purpose.
(j)
Reservations for private use of the Town facilities and/or grounds
shall be made with the Town Clerk by executing the approved application
form and paying the fee and security deposit (if required) in advance.
(k)
The amount of the reservation fee and security deposit shall
be set from time to time by separate resolution of the Town Board.
In such resolution, the Town Board may establish different fee and
deposit amounts for different portions of the facilities and/or grounds
requested and for the following classes of private users: individuals
and nonprofit organizations. The security deposit will be held to
cover damage and improper care and necessary cleaning, if any. Any
portion of the deposit that remains after all of the Town's costs
to fully correct any such damage and cleaning are deducted shall be
returned to the user as authorized by the Town Department of Public
Works Superintendent. The user shall reimburse the Town for any costs
of repair or cleaning that exceed the amount of the deposit within
30 days of being invoiced by the Town.
(l)
In the event the reservation is canceled prior to the event
(whether by being withdrawn or for lack of Town Board approval), the
security deposit (if applicable) shall be refunded. The reservation
fee will not be refunded, however, unless the private user withdraws
the request for private use prior to the request coming before the
Town Board.
(m)
The Town shall not be responsible for anything left, lost, or
stolen on the premises.
(n)
Private use of the Town facilities is subject to all of the
rules, regulations, resolutions and ordinances of the Town of Genesee
and upon strict compliance with the terms of the Town.
(o)
The private user shall reimburse the Town of Genesee for any
costs the Town of Genesee incurs related to the private use activity,
including but not limited to the costs that the Town of Genesee may
incur in providing police protection or security in excess of the
personnel ordinarily on duty during the time of use and the cost of
cleaning up or repairing the park facilities and/or grounds following
the private use activity.
(2)
Supervision.
(a)
The applicant and all named persons responsible for supervision
must be present from the time the event begins and while the event
is in progress and must wait until all users of the facilities have
vacated the premises. If the application includes the use of a building,
the applicant and all named persons responsible for supervision must
be present from the time the building is opened and remain until they
have closed and locked the building according to the instructions
of park personnel.
(b)
The applicant and the individuals supervising the function shall
be responsible for the conduct and control of both patrons and participants
of each function.
(c)
The applicant and individuals supervising are responsible for
seeing that no equipment or other portions of the facilities are used
except those specifically stated in the application.
(d)
The applicant and the persons responsible for supervising shall
see that the facility is left in the same condition as when the organization
entered the building or facility.
(e)
No vehicles are allowed beyond the designated parking areas
except for delivery purposes, and they must be returned to the designated
parking areas as soon as delivery is completed. The applicant and
persons responsible for supervision shall see that no unauthorized
vehicles are beyond the main parking lot.
(3)
Responsibilities.
(a)
It shall be the responsibility of the organization jointly and
severally with the responsible person signing the application to pay
for all damages that are a result of the improper use or supervision
of the equipment, buildings, or grounds. Any group failing to report
damage and pay for it may be denied subsequent use of the facilities,
in addition to such other remedies as may apply.
(b)
The organization using the facilities along with the responsible
person signing the application assume all responsibilities for injuries
that may occur to persons or participants.
(c)
It shall be the responsibility of the applicant and the persons
responsible to vacate the premises, after cleanup, within the time
scheduled.
(4)
Rules and regulations.
(a)
Alcohol beverages. No alcohol beverages shall be consumed, sold,
given or delivered in the building or on the grounds rented without
the applicant, on behalf of the organization, having first obtained
all necessary approvals and/or alcohol beverage licenses when required.
The applicant and responsible persons shall assure that minors are
not served alcohol beverages.[1]
(b)
Shelter use regulations.
[1]
Decorating will be permitted provided it does not damage park
structures and must be removed at the conclusion of the event.
[2]
In consideration of the neighbors, persons using the buildings
should refrain from loud talk, boisterous conduct, or loud music when
using the park. After proper warning, should conduct of the group
continue out of control, individuals or the entire group may be required
to vacate the park prior to the scheduled conclusion of the event
without refund of any portion of the fees paid or owing.
[3]
The park must be vacated in accordance with hours of operation.
(c)
Parks and baseball diamonds regulations.
(d)
Vending.
[1]
Vendors are permitted to conduct sales within the Town park only if approved and conducted in compliance with the requirements and limitations of this subsection. To the extent that this subsection allows sales within the Town park that are prohibited by Subsections A(1) and B(1)(h), this subsection shall control.
[2]
All vending shall be under strict control of the Park Board.
[3]
Concessionaires must comply with all state and county statutes
for restaurant sales.
[4]
Advertising is prohibited as described in Section B(1)(i) and
(j); however, upon application to and approval of the Park Board,
advertising may be allowed on the concessionaire's napkins or
small articles for sale. In addition, upon application to and approval
of the Park Board, signage is permissible during vending activity,
provided that the signage shall not exceed 12 square feet in size
and must be removed when the concessionaire leaves the park.
[5]
The number of concessionaires will be determined by the Park
Board. The location in the park, size/type of operation and concession
products will be controlled and subject to the approval of the Park
Board. Vending shall not interfere with any sales conducted by approved
tournaments, local nonprofit organizations or approved events of the
Park Board.
[6]
Vending is limited to the park hours of operation.
[7]
Concessionaires shall clean all debris and keep a neat and sanitary
vending area during and upon completion of all operations.
[8]
The fee for conducting concessions within the Town of Genesee
Town park is as follows; payment shall be made to the Town Clerk no
later than November 1 of the year in which vending activity occurs:
[a]
Organizations that exist within the Town of Genesee and pay taxes
within the Town of Genesee shall pay to the Town 5% of gross revenues
less Wisconsin sales tax on all sales derived from the operations
granted.
[b]
All other concessionaires (non-Town of Genesee taxpaying operations)
shall pay to the Town Clerk 12% of gross revenues less Wisconsin sales
tax on all sales derived from operations granted.
[9]
The concessionaire agrees to maintain a bookkeeping system supported
by invoices where necessary to accurately reflect gross receipts from
the operation of concessions granted by the Park Board which shall
be presented to the Town by November 15 of each year and may be audited
by Town officials.
[11]
In addition to, and not to the exclusion or prejudice of, any
provisions of these rules or documents incorporated herein by reference,
the owner shall indemnify and save harmless and agrees to accept tender
of defense and to defend and pay any and all legal, accounting, consulting,
engineering and other expenses relating to the defense of any claim
asserted or imposed upon the Town, its officers, agents, employees
and independent contractors growing out of any vending activities
conducted pursuant to this chapter by any party or parties. Prior
to commencement of any vending activities, the concessionaire must
provide to the Town Clerk a certificate of insurance demonstrating
liability coverage of at least $1,000,000 with the Town of Genesee
named as an additional insured party on the policy.
[12]
A concessionaire's ability to vend can be revoked at any
time at the discretion of the Park Board for rules violations or upon
compliant.
[13]
Any approval granted by the Park Board shall be for one calendar
year only, or less, if the dates of approval are limited by the Park
Board. Separate approval is required for each calendar year. Applications
for concessions approvals may be submitted no earlier than November
preceding the calendar year requested and will be considered on a
first come, first served basis.
B.
General regulations for all users of the Town parks.
(1)
Individual conduct.
(a)
No boisterous or disorderly conduct on premises.
(b)
No willful disfigurement of buildings or equipment.
(c)
All persons will use the rest room designated for that person's
sex.
(d)
No glass bottles or containers are permitted in any area of
the park.
(e)
No littering in any form.
(f)
No picnicking or meals are permitted in areas other than those
designated.
(g)
No dogs or domestic animals are allowed in the park at any time.
(h)
No hawking, merchandising or selling of any articles without
prior approval of the Town Clerk/Park Board.
(i)
No advertising of any nature will be permitted in the park except as allowed in Subsection A(4)(d)[4].
(j)
No placing or posting of signs, placards or advertisements whatsoever,
except official Town/park signs.
(k)
No golfing.
(l)
No hunting.
(m)
No starting of fires in other than specified locations (fireplaces
and grills).
(n)
No fireworks of any kind except with the Town's approval.
(o)
Model rockets, model airplanes and drone flying are prohibited.
For purposes of the subsection, a "drone" is defined as a powered,
aerial vehicle that does not carry a human operator, uses aerodynamic
forces to provide vehicle lift and can fly autonomously or be piloted
remotely, whether expendable or recoverable.
[Amended 9-12-2016 by Ord. No. 16-4]
Section 943.01, Damage to property, and § 800.093,
Restitution, Wis. Stats., are incorporated herein by reference, with
the exception of the penalties described therein. All future amendments,
renumbering, and recodification of said statutes shall apply, to allow
for uniform application of laws applicable to damage to property.
