[Ord. No. 20-012, 3-2-2020]
As used in this Chapter, unless the context otherwise indicates, the following terms mean:
- A person acting in his or her individual capacity or a corporation or association acting through an agent or officer of the corporation or association, said agent having authority to legally bind the corporation or association, who seeks a permit issued pursuant to this Chapter, who shall be in charge of the event and responsible for ensuring that the requirements contained within this Chapter are met.
- The Director of the Parks and Recreation Department or their designee.
- Any facility or property owned, leased, and/or operated by the Parks and Recreation Department of the City of Ozark, Missouri.
Editor's Note: Former Ch. 120, Open Meetings And Records Policy, was repealed 3-2-2020 by Ord. No. 20-012 and replaced with the new material on Parks and Recreation found herein.
[Ord. No. 20-012, 3-2-2020]
Conduct In Parks. It shall be unlawful for any person while on property or in buildings owned, leased, and/or operated by the Parks and Recreation Department to:
Conduct himself or herself in a manner to unreasonably and knowingly disturb or alarm another person by loud noise, offensive language said in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient. In any way interfere, by the use of physical force or by the threat of such force, with any person peacefully moving in and about the grounds and buildings, except for a Law Enforcement Officer or employee of the Parks and Recreation Department in the performance of his or her duty.
Throw stones, rocks, sticks, bottles or other similar things by hand or otherwise.
Mark upon, tear up, injure, deface, cut, dig, or in any other way intentionally injure or impair the usefulness of structures, grass, trees, shrubs or plants, pavement, sidewalks, roadways or similar structures.
Attach wires, ropes, placards, notices or other contrivances to any structure, tree, shrub, plant or utility lines without written permission of the Director. This Section shall not apply to locations specifically designated for hammocking.
Remove property or materials, natural or manmade, of the Parks and Recreation Department without written permission of the Director or as allowed pursuant to the issuance of a special event permit or facility rental permit.
Erect, place or maintain any tent, building, booth, stand, or other structure, temporary or otherwise, without written permission of the Director or as allowed pursuant to the issuance of a special event permit or facility rental permit.
Drop, throw, place or discard any wastepaper, dirt, weeds, trash, refuse or other rubbish of any sort except in a receptacle provided therefor.
Throw, discharge or otherwise place or cause or permit to be placed or discharged into any fountain, pool, pond, lake, stream or other body of water any substance, matter or thing which might cause the water to be harmful to persons or things or to give forth objectionable odors or to appear unsightly, or otherwise pollute the waters.
Engage in an athletic contest or event in any public area except in areas set aside therefor, without written permission of the Director or as allowed pursuant to the issuance of a special event permit or facility rental permit. Nor shall any person in any event engage in any athletic contest or event or throw any ball or engage in any game singly or with others in such a fashion as to unreasonably endanger the safety of others thereabout.
Use a loudspeaker or amplifier without written permission of the Director or as allowed pursuant to the issuance of a special event permit or facility rental permit.
Conduct any organized activity or event involving more than thirty (30) persons without a special event permit or facility rental permit.
Participate in or enter upon the grounds of any activity where charges are made without first being registered at the place provided therefor and paying the established fee.
Camp or picnic other than in an area expressly designated for camping or picnicking, nor shall any person attempt to move or relocate any benches, chairs or tables unless the benches, chairs or tables are not secured in any way whatsoever to the ground, in which case the benches, chairs or tables may be moved and relocated within the confines of the designated picnicking or camping area.
Start a fire for cooking purposes or otherwise within any park except in receptacles and facilities intended therefor.
Operate, park, or race a motor vehicle or bicycle upon the grounds or within the buildings other than in areas designated for the operation of such vehicles, or leave any non-operable vehicle within a park for a period to exceed six (6) hours.
Annoy, harass, poke at, spit on, throw objects at or otherwise intentionally disturb any animal or feed any animal in a park.
Enter on or in any portion of any grounds or buildings of a park where signs have been previously posted by the Parks and Recreation Department prohibiting such entry.
Solicit business, sell or offer to sell goods, merchandise or services, post any commercial signs, advertisements or circulars, or take photographs, motion pictures or videotapes for commercial purposes without written permission of the Director or as allowed pursuant to the issuance of a special event permit or facility rental permit.
The owner or keeper of any dog must keep the dog on a leash at all times and shall not allow the dog to run at large.
[Ord. No. 20-012, 3-2-2020]
Any person violating any of the provisions of the laws set forth in this Chapter shall, upon conviction thereof, be punished as provided by Section 100.220.
[Ord. No. 20-012, 3-2-2020]
Whenever the Director shall find that there has been and is continuing a disturbance of the peace of persons within or near the vicinity of any park, or he or she shall find that the safety of persons or property within a park or within the vicinity thereof has been or is being threatened by the conduct of persons in or about a park, the Director is hereby authorized to close to the public such park for such period of time, not to exceed twelve (12) hours, reasonably necessary to quell the disturbance or threat to life or property, and no person shall enter any park so closed, except employees of the Parks and Recreation Department and officers and employees of the City, if the notice of the closing thereof shall be posted in conspicuous places thereabout, nor shall any person remain in such park after it shall have been closed after knowledge of the closing shall come to him or her by signs posted in the vicinity of the park or otherwise.
Outdoor Parks. Where the hours are not otherwise posted, it shall be unlawful for any person other than an employee or other officers of the City to enter or remain in or upon the grounds or buildings of any outdoor park of the City between the hours of sunset and sunrise of any day, except attendance may be continued to its normal conclusion and observers thereof and participants therein shall leave the park within one-half (1/2) hour following the conclusion of the event during a City-sponsored event or when a special event permit or facility rental permit have been issued.
The Ozark Community Center And Outdoor Pool. It shall be unlawful for any person other than an employee or other officers of the City to enter or remain in or upon the grounds or buildings of the Ozark Community Center and the Outdoor Pool between the hours posted at the entrance of the respective facility, except attendance may be continued to its normal conclusion and observers thereof and participants therein shall leave the park within one-half (1/2) hour following the conclusion of the event during a City-sponsored event or when a special event permit or facility rental permit have been issued.
[Ord. No. 20-012, 3-2-2020]
The provisions of this Article are designed to regulate the time, place, and manner in which a facility rental is conducted, as well as coordinate the public health, safety, and welfare concerns, assign responsibility, and assign liability in order to protect the safety and welfare of the participants and non-participants.
[Ord. No. 20-012, 3-2-2020]
Upon receiving a complete application for a facility rental permit, the Director may authorize the use of the park facilities by issuing a facility rental permit to the applicant, said permit shall be subject to the following conditions:
Facility use shall be granted on a first come, first served basis.
The applicant shall provide all required information on forms prepared and made available by the Director.
The applicant shall provide insurance insuring the City in the amount established by the City Administrator sufficient to provide the City with protection against any liability which might arise from the activities in the area to be used, and the applicant shall agree to defend and indemnify and hold the City harmless from any liability therefrom.
The applicant shall be responsible for cleanup of all paper and/or debris caused by the applicant's use of the area, and the applicant shall provide the City with assurances, which may include a bond or cash, that the area will be cleaned up after the activities have concluded. If such cleanup is not undertaken promptly, the City reserves the right to do the cleaning itself, and to charge the sponsor for the actual time and expense incurred in cleaning. This charge shall be a private debt against the applicant.
The applicant shall limit the activities in the area to those activities which have been approved.
If necessary, the applicant shall provide supervision and security for the activity.
Equipment, stands, chairs or other physical facilities for the activity shall not be placed in the area until the rental date and shall be removed at the conclusion of the rental time in the issued permit unless the permit provides otherwise. The applicant shall obtain approval for the location of any item that will be used in the area.
Musical instruments may be allowed provided any sound from the activity shall be held to a level so as not to disturb the public peace. Failure to limit the level of sound after being requested to limit the sound by the Director shall constitute cause for revocation of the permit.
The Director may approve use of amplification devices between the hours of 7:00 a.m. and 10:00 p.m. when an otherwise authorized activity is to occur, and only for the time that activity is occurring, and then only at a volume that shall not unreasonably disturb or alarm another person or persons.
The applicant shall comply with all other Federal, State, and local laws and other conditions that the City Administrator determines are necessary.
The permit may be revoked at any time for failure to comply with the conditions of the permit.
Fees. Every application for facility use shall be accompanied by the appropriate fees as established below and which shall be as set forth or as established from time to time by ordinance of the Board of Aldermen and on file in the office of the City Clerk.
Application Fee. The application fee shall be submitted by the applicant at the time application is made to the Director. Such fee will not be refunded if a permit is not issued.
Rental Fee. The rental fee shall be submitted by the applicant upon signing the rental agreement with the Director for use of the facility.
Additional Services. The applicant has the option of providing certain services themselves or paying for the City to provide those services in addition to the rental of the facility. Those services and their corresponding fees are listed in the current fee study on file with the City Clerk.
If the Director determines that the requirements of this Chapter have been met, the applicant shall be notified that the application has been approved and that the permit will be issued after payment of all applicable fees.
In the event that the Director finds any cause to deny the issuance of the permit, the Director shall deny the permit and notify the applicant in writing of such action and the reasons for denial within ten (10) days of receipt of the application.
Appeal. An applicant who is aggrieved by the decision of the Director in regards to the denial of the application for a permit shall have a right to appeal the denial of a special event permit in accordance with the provisions. A person who has been denied a permit shall have a right to an administrative hearing to determine whether there was a substantial basis for the denial. The appeal shall be in writing, setting forth fully the grounds upon which the appeal is based, and shall be filed with the City Clerk within thirty (30) calendar days after service of notice of such action on the applicant. The hearing shall be conducted before a Hearing Officer designated by the City Administrator within ten (10) business days of receipt of a written demand therefore from the person seeking the hearing, unless such person waives the right to a speedy hearing, except the Hearing Officer may cause the hearing to be continued for good cause by any party for an additional fourteen (14) days. Saturdays, Sundays and City holidays are to be excluded from the calculation of the ten-day period. The sole issue before the Hearing Officer shall be whether there was a substantial basis for the denial. The Hearing Officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall carry the burden of establishing that the proposed special event is in full compliance with the provisions of this Chapter. The City shall carry the burden of establishing that there was a substantial basis for the denial of the permit. At the conclusion of the hearing, the Hearing Officer shall prepare a written decision within forty-five (45) days from the date of the hearing. A copy of such decision shall be provided to the person demanding the hearing. The decision of the Hearing Officer is final for purposes of Ch. 536, RSMo. Failure of the person requesting the hearing or his or her agent to request or attend a scheduled hearing as set forth in this Section shall be deemed a waiver of the right to such hearing. The Hearing Officer shall only determine whether or not there was a substantial basis for the denial of the permit. If the Hearing Officer determines there was not a substantial basis, the Hearing Officer shall order the City Administrator to immediately issue the special event permit.