[Gen. Ords. 1959, § 13.25(a); Ord.
No. 7915, § 13, 10-5-1989]
A permit shall be obtained from the Director of Parks and Recreation
before participating in tennis, softball, hardball, group picnics,
special use of any portion of the park, or any other particular activity.
[Gen. Ords. 1959, § 13.25(b); Ord.
No. 7915, § 14, 10-5-1989]
A person seeking issuance of a permit required by this article
shall file an application with the Director of Parks and Recreation.
The application shall state:
(a)
The name and address of the applicant.
(b)
The name and address of the person sponsoring the activity, if any.
(c)
The day and hours for which the permit is desired.
(d)
The park or portion thereof for which the permit is desired.
(e)
An estimate of the anticipated attendance.
(f)
Any other information which the Director of Parks and Recreation
finds reasonably necessary to a fair determination as to whether a
permit should issue hereunder.
[Gen. Ords. 1959, § 13.25(c); Ord.
No. 7915, § 15, 10-5-1989]
The Director of Parks and Recreation shall issue a permit required
by this article hereunder when he shall find:
(a)
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park.
(b)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(c)
That the proposed activity or use is not reasonably anticipated to
incite violence, crime or disorderly conduct.
(d)
That the proposed activity will not entail unusual, extraordinary
or burdensome expense or police operation by the City.
(e)
That the facilities desired have not been reserved for other use
at the day and hour required in the application.
[Gen. Ords. 1959, § 13.25(c), (d); Ord. No. 7915, § 16, 10-5-1989]
(a)
Within 10 days after receipt of an application for a permit required
by this article, the Director of Parks and Recreation shall apprise
an applicant in writing of his reasons for refusing a permit, and
any aggrieved person shall have the right to appeal in writing within
15 days to the Park Board, which shall consider the application under
the standards set forth in this article, and sustain or overrule the
Director of Parks and Recreation's decision within 20 days. The Park
Board shall notify the appellant in writing of such decision.
(b)
The decision of the Park Board shall be final, except as provided
under the Administrative Procedure and Review Act, as set forth in
Sections 536.105, 536.110 and 536.140, RSMo., 1959 Cumulative Supplement.
[Gen. Ords. 1959, § 13.25(e)]
A permittee under this article shall be bound by all park rules
and regulations and all applicable provisions of this Code and other
City ordinances fully as though they were inserted in the permit.
[Gen. Ords. 1959, § 13.25(f)]
The person to whom a permit is issued pursuant to this article
shall be liable for any loss, damage or injury sustained by any person
whatever by reason of the negligence of the permittee. Organizations granted permits to hold functions
within a park shall furnish to the Park Board, upon request, proof
of their financial responsibility and liability for any and all injuries
sustained by any person or persons as a result of that organization's
activity within the park, including the preparation of and the dismantling
of all facilities provided for the function covered by the permit;
the financial responsibility shall be in such form as the Park Board
and the Council shall require to hold the City, its officials, agents
and employees harmless and to defend any claim for any loss whatsoever.
[Gen. Ords. 1959, § 13.25(g); Ord.
No. 7915, § 17, 10-5-1989]
The Director of Parks and Recreation shall have the authority
to revoke a permit issued pursuant to this article upon a finding
of violation of any rule or any provision of this Code or other City
ordinance, or upon good cause shown.
[Ord. No. 7277, § 1, 11-15-1984; Ord. No. 10108, § 5, 12-20-2012]
No person, group, organization, association, corporation or
other entity who has obtained a permit from the City of Kirkwood,
pursuant to this article, shall discriminate against any qualified
participants in any activities to be undertaken pursuant to such permit
on the basis of race, color, religion, national origin, ancestry,
sex, handicap, familial status, sexual orientation or gender identity.
