[Ord. No. 20-012, 3-2-2020[1]]
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.
[1]
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was repealed 3-2-2020 by Ord.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]
A.
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:
1.
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.
2.
Throw stones, rocks, sticks, bottles or other similar things by hand
or otherwise.
3.
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.
4.
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.
5.
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.
6.
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.
7.
Drop, throw, place or discard any wastepaper, dirt, weeds, trash,
refuse or other rubbish of any sort except in a receptacle provided
therefor.
8.
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.
9.
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.
10.
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.
11.
Conduct any organized activity or event involving more than thirty
(30) persons without a special event permit or facility rental permit.
12.
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.
13.
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.
14.
Start a fire for cooking purposes or otherwise within any park except
in receptacles and facilities intended therefor.
15.
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.
16.
Annoy, harass, poke at, spit on, throw objects at or otherwise intentionally
disturb any animal or feed any animal in a park.
17.
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.
18.
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.
19.
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]
A.
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.
B.
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.
C.
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]
A.
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:
1.
Facility use shall be granted on a first come, first served basis.
2.
The applicant shall provide all required information on forms prepared
and made available by the Director.
3.
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.
4.
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.
5.
The applicant shall limit the activities in the area to those activities
which have been approved.
6.
If necessary, the applicant shall provide supervision and security
for the activity.
7.
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.
8.
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.
9.
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.
10.
The applicant shall comply with all other Federal, State, and local
laws and other conditions that the City Administrator determines are
necessary.
11.
The permit may be revoked at any time for failure to comply with
the conditions of the permit.
B.
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.
1.
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.
2.
Rental Fee. The rental fee shall be submitted by the applicant upon
signing the rental agreement with the Director for use of the facility.
3.
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.
C.
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.
D.
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.
E.
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.
