[R.O. 2009 §19-55; Code 1975 §510.040; Ord. No. 4602, 10-12-2020]
A permit shall be obtained from the City before participating
in any group or organized activities in City parks or park facilities.
[R.O. 2009 §19-56; Code 1975 §510.040; Ord. No. 4602, 10-12-2020]
A.
A person
seeking issuance of a permit under this Article shall file an application
with the City. The application shall state:
1.
The name and address of the applicant;
2.
The name and address of the person sponsoring the activity, if any;
3.
The day and hours for which the permit is desired;
4.
The park or portion thereof for which such permit is desired;
5.
An estimate of the anticipated attendance;
6.
Any other information which the City shall find reasonably necessary
to make a fair determination as to weather a permit should be issued
under this Article.
B.
In
the event of a public health emergency or pandemic as determined by
the City Administrator, or a state of emergency declared by the Mayor,
the County Executive of Jefferson County, the Governor of Missouri,
or the President of the United States, the City Administrator may
require that any applicant include with his or her application, a
public health plan to prevent the spread of virus, disease, bacteria,
or to mitigate any other public health crisis at the event. Such a
plan shall include one (1) or more of the following:
1.
A limitation on the number of persons that will be admitted to such
event and/or barriers so that access to the event will be controlled;
2.
That the applicant will require attendees to socially distance from
other attendees, and will install clear markings with signage, tape,
or other means that show six (6) feet of distance as the appropriate
spacing between attendees where appropriate;
3.
That the applicant will require attendees to wear face masks and/or
to make face masks available to all attendees;
4.
That the applicant will provide an appropriate number of hand-washing
and sanitary stations;
5.
That any food or beverages to be served at the event will be distributed
in a manner that minimizes the amount of contact between persons serving
food/beverages and persons being served, and that all required permits
have been obtained or will be obtained prior to the event; and
6.
Any other restrictions/conditions appropriate to reduce the transmission
of viruses, diseases, and/or bacteria.
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If the City Administrator, or his or her designee, determines that the plan will adequately protect the attendees and the public, the permit shall be issued. If the City Administrator determines that the plan is insufficient, the City Administrator may approve the permit application on the condition that certain safety measures are implemented by the applicant, or may deny the permit application altogether. A decision denying a permit or imposing additional conditions shall be in writing and shall briefly explain the basis for the decision. In making determinations under this Subsection, the City Administrator may consider guidance from the Centers for Disease Control, the Missouri Department of Health and Senior Services, the Jefferson County Health Department, or any other appropriate entity, regarding safety for social gatherings. An applicant may, pursuant to Section 230.340 of this Code, appeal a determination of the City Administrator or his or her designee on the basis that a public health emergency, pandemic, or state of emergency does not presently exist, that the conditions/restrictions proposed are arbitrary or unreasonable, or that denial of the permit application was arbitrary or unreasonable.
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[R.O. 2009 §19-57; Code 1975 §510.040; Ord. No. 4602, 10-12-2020]
A.
The
City shall issue a permit under this Article when he/she finds:
1.
The proposed activity or use of the park will not unreasonably interfere
with or detract from the general public enjoyment of the park;
2.
The proposed activity and use will not unreasonably interfere with
or detract from the promotion of public health, welfare, safety and
recreation;
3.
The proposed activity or use is not reasonably anticipated to incite
violence, crime or disorderly conduct;
4.
The proposed activity will not entail unusual, extraordinary or burdensome
expense or Police operation by the City;
5.
The facilities desired have not been reserved for other use at the
day and hour required in the application.
B.
In the event of a public health emergency or pandemic as determined by the City Administrator, or a state of emergency declared by the Mayor, the County Executive of Jefferson County, the Governor of Missouri, or the President of the United States, a permit application may be denied if the application does not include adequate measures to protect the public health, welfare, and safety of the public and/or attendees, as set forth in Section 230.320 of this Code.
[R.O. 2009 §19-58; Code 1975 §510.050]
Within five (5) days after receipt of an application, the City shall apprise an applicant in writing of its reasons for refusing a permit and any aggrieved person shall have the right to appeal in writing within twenty-one (21) days to the City Council, which shall consider the application under the standards set forth in Section 230.330 and sustain or overrule the City's decision within five (5) days. The decision of the City Council shall be final.
[R.O. 2009 §19-59; Code 1975 §510.060]
A permittee shall be bound by all park rules and regulations
and all applicable ordinances fully as though the same were inserted
in such permits.
[R.O. 2009 §19-60; Code 1975 §510.070; Ord. No. 2164 §§1 — 4, 12-12-1990; Ord. No. 2184 §1, 5-22-1991; Ord. No. 3119 §§I — III, V, 11-28-2001]
A.
Disclaimer. The person(s) to whom a permit is issued shall
be liable for any loss, damage or injury sustained by any person(s)
whatsoever by reason of negligence of the person or persons to whom
such permit is issued.
B.
Insurance Requirement. Any person(s) using the City of Festus
park facilities over the maximum capacity of the facility requested
shall be required to have insurance of one million dollars ($1,000,000.00)
liability coverage per occurrence.
C.
Cleanup Deposit. The following deposits shall be required
for cleanup and damages to said facilities and said deposit shall
be refundable upon inspection of said facility by the Park Superintendent
with any damages or labor needed withheld:
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1 — 25 persons
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$15.00
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25 — 50 persons
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$25.00
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50 — 100 persons
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$55.00
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100 — 150 persons
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$80.00
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150 — 200 persons
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$105.00
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D.
Additional Equipment Service Charge. The following additional
equipment service charges shall be collected:
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Additional tables, each
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$5.00
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Additional trash barrels, each
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$1.00
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[R.O. 2009 §19-61; Code 1975 §510.080]
The City shall have the authority to revoke a permit upon a
finding of violation of any rule or ordinance or upon good cause shown.
