Any and all individuals shall be provided equal opportunity
for use of any recreational facility and any recreational program
without regard to physical limitation, age, race, color, national
origin, religion, political beliefs, or sex.
(Ord. 168, 2007)
Reserved use (defined as exclusive, permitted use for one or
more occasions) of community, neighborhood, and other recreational
facilities shall require obtaining a use permit in a form established
by the City. All applicable fees shall be paid prior to use. Other
uses may also require a use permit as determined by the City, which
shall have the authority to issue and/or revoke, based on cause, all
such permits.
(Ord. 168, 2007)
A. Organizations and individuals intending to perform routine maintenance and repair of a public park or recreational facility must indicate that intent on the use permit form, required pursuant to Section
13.02.012, by including the following information: the location, nature and extent of the routine maintenance and repair work to be performed, the materials to be used, and plans and specifications as the Director of Community Services may require.
B. Prior to authorizing any routine maintenance and repair, the Director of Community Services shall require the applicant to submit a certificate of insurance which demonstrates that the City, its officials, officers, employees, agents, and volunteers have been named as additional insureds on the applicant's insurance policy providing coverage for bodily injury and property damage as a result of the work undertaken by the applicant. The insurance coverage shall be in a form and in an amount acceptable to the Director. In fixing the form and amount of such insurance requirement, the Director shall take into consideration the nature and extent of the proposed routine maintenance and repair. The Director may waive the requirements of this subsection if he or she determines that the proposed work will not constitute any significant possibility of City liability. Approval of the use permit shall authorize the nature and scope of the work to be done. Any use permit shall be revoked and immediately become null and void in the event the applicant/permitholder fails to maintain adequate insurance as required by this section and Section
13.02.015. If such permit is revoked, all work undertaken pursuant to the permit shall immediately cease until the Director authorizes in writing the recommencement of work.
C. Any
routine maintenance and repair approved by the Director of Community
Services and performed under a use permit shall be subject to an inspection
by the City. Any deficiencies found by the inspector shall be noted
and corrected by the permitholder.
D. The
Director of Community Services may immediately suspend any use permit
issued for a violation of any of the conditions of such permit or
for maintenance of the property in a condition that is hazardous to
the public health, safety or welfare. Unless the permitholder files
a request for a hearing before the City's Community Services Commission,
the suspension shall become a revocation of such permit within the
10 days from the date of the notice from the Director of Community
Services to the permitholder. In the event the permitholder requests
a hearing on the suspension and revocation, the hearing shall be held
at the next legally permissible date at which the Community Services
Commission meets. If such permit is suspended, all work undertaken
pursuant to the permit shall immediately cease until the Director
of Community Services authorizes in writing the recommencement of
work.
E. Unless under employment or contract with the City, no person shall perform routine maintenance or repair, or erect or construct any improvement or new construction in any public park or recreational facility within the City without a valid permit therefor being issued. Any routine maintenance or repair or improvement, purported improvement or new construction in any public park or recreational facility constructed, erected or completed without a valid permit shall be deemed and considered a violation of Section
13.04.025, Damaging property, or Section
13.04.028, Damaging land.
F. All planting, irrigation, and landscape-related improvements to new landscape installation projects or landscape rehabilitation projects by public agencies or private developers of public parks with a landscaped area meeting the criteria set forth in Section
9.146.110.3(A), shall comply with the provisions of Section
9.146.110.
G. For
purposes of this chapter, the following words and phrases shall have
the meanings set forth below:
1. "New
construction" means the construction or erection of new structures,
buildings, storage facilities and other facilities, including snack
bars, restrooms, store rooms, lighting systems and similar fixed additions
to public park and recreational facilities.
2. "Routine
maintenance and repair" means irrigation adjustments, lighting adjustments,
brick dust replacement, temporary outfield fencing, base peg and footing
repair and replacements, backstop fence and kick-plate repair and
replacements, and maintenance and repair of athletic fields.
(Ord. 265 § 3, 2014; Ord. 309 § 6, 2018)
Use of all neighborhood/community park facilities (defined as
a site that serves immediate residential areas) will be based on a
first come, first served basis, provided that the City Council may,
by resolution, require a use permit to be obtained and a reservation
fee paid in order to reserve a specific portion of a neighborhood
or community park. If a user group wishes to reserve the use of a
park sports facility, a use permit shall be required, with all applicable
fees, rules, regulations, terms and conditions enforced.
(Ord. 168, 2007)
Prior to issuing any use permit for the reserved use of one
or more City community, neighborhood, or other recreational facilities,
or for the reserved use of a park sports facility, the Director of
Community Services or designee shall require the applicant to submit
a certificate of insurance which demonstrates that the City, its officials,
officers, employees, agents, and volunteers have been named as additional
insureds on the applicant's insurance policy providing coverage for
bodily injury and property damage as a result of the applicant's use
of the City's park or recreational facility. The insurance coverage
shall be in a form and in an amount acceptable to the Director. In
fixing the form and amount of such insurance requirement, the Director
shall take into consideration the nature and extent of the proposed
reserved use. The Director may waive the requirements of this subsection
if he or she determines that the proposed use will not constitute
any significant possibility of City liability.
(Ord. 265 § 4, 2014)
If more than one recreational facility is reserved (e.g., two
sportfields) applicable fees and deposits shall be charged for each
facility reserved.
(Ord. 168, 2007)
Any use of recreational facilities scheduled for City-sponsored
or cosponsored uses shall be deemed a use for City purposes, and shall
be exempt from fees, deposits, and permit requirements listed herein.
This exemption shall not apply to vendors present at City-sponsored
or cosponsored events occurring at or on City recreational facilities.
(Ord. 168, 2007; Ord. 358 § 8, 2022)
User groups are established and defined as follows; the examples
given do not represent a complete list of the types of activities
that may fit within each category:
Group I: Recreation activities sponsored or conducted by the
City of Lake Forest. Examples: City-conducted or cosponsored citywide
community events, leagues, or tournaments.
Group II: Recreation activities sponsored or conducted by the
Saddleback Valley Unified School District, and non-profit youth sports
leagues open to the public with an "everyone plays" philosophy and
a minimum of 90% of participants being Lake Forest residents. In the
case of overlapping requests from Group II user groups for the use
of facilities, priority will be given to the one with the highest
percentage of Lake Forest residents participating. Examples: Lake
Forest AYSO soccer, Lake Forest area Little Leagues, Saddleback Pony/Bronco
Leagues, Lake Forest NJB basketball, Lake Forest-based girls softball
leagues.
Group III: Non-profit youth sports leagues or "travel ball"
teams and a minimum of 80% of participants being Lake Forest residents.
Examples: Youth travel baseball, softball, soccer, football teams.
Group IV: Non-profit youth sports leagues or teams and a minimum
of 70% of participants being Lake Forest residents. Examples: Youth
travel baseball, softball, soccer, football teams.
Group V: Non-profit adult or youth sports groups conducting
community oriented sports activities with a minimum of 60% of participants
being Lake Forest residents. Examples: Adult soccer, softball, youth
club teams, private parties.
Group VI: Non-profit organizations or groups, not open to the
public, with less than 60% of participants being Lake Forest residents.
Examples: Adult or youth club teams, private parties, local churches,
local homeowners' associations.
Group VII: Commercial entities or organizations located in Lake
Forest. Example: Local businesses.
Group VIII: Commercial entities or organizations not located
in Lake Forest. Examples: Business not located in Lake Forest, film
shoots, parties, events).
(Ord. 168, 2007; Ord. 358 § 9, 2022)
Recurring use is generally defined as repeated use of recreational
facilities on a regularly scheduled basis (i.e., leagues, etc.).
(Ord. 168, 2007)
Nonrecurring use is generally defined as a use of recreational
facilities on a one time-only or special-event basis (i.e., annual
picnics, parties or company-sponsored events). Applicable fees and
permits are required only when reserved use by an organization is
requested.
(Ord. 168, 2007)
Due to special or unusual circumstances, the City Council may
exempt user Groups II, III, IV, V, and members of Group VI that are
located in Lake Forest from applicable fee requirements for the use
of recreational facilities. It is the responsibility of the specific
user group to formally request in writing exemption from the City
Council. The request should specify the special or unusual circumstances
that necessitate exemption. To the extent that a user group in Groups
II, III, IV, V, or a member of Group VI that is located in Lake Forest
has constructed improvements to recreational facilities authorized
by the City, the City may, upon request from the user group, waive
fees in an amount corresponding to the value of the improvement. Fee
waivers greater than $5,000 shall be subject to review and approval
by the City Council; waivers of $5,000 or less shall be subject to
the review and approval of the City Manager or designee.
(Ord. 168, 2007)
Scheduling priorities for athletic fields and courts shall be
by user groups as defined in 13.02.020, with Group I having priority
over Group II, Group II over Group III, etc. In the event of conflict,
the City reserves the right to reschedule any group. Scheduling of
reserved uses will be carried out by the City or designee in a fair
and equitable manner, to serve the leisure and recreation needs of
the citizens of Lake Forest.
(Ord. 168, 2007)
It is recognized that recreational facilities and sportfields
vary in type, location, and ancillary improvements. However, applicable
fee schedules shall generally apply equally to all sportfields and
facilities depending on the level of service required for an individual
facility.
(Ord. 168, 2007)
The fees applicable to the use of a facility are due and payable
prior to the use of that facility. Charges assessed for actual costs
are due and payable upon demand to the user. When fees are due and
payable at the time a permit is issued, refunds are permitted if sufficient
notice is given to City upon cancellation, as outlined in the facility
use administrative policies.
(Ord. 168, 2007; Ord. 358 § 10, 2022)
Any portion of the user fee, deposit, or permit fee required
by the provisions of this chapter may be waived in accordance with
the procedures outlined in this section. Applicants for fee waivers
must be local charitable, nonprofit, community, civic, youth or senior
citizen organizations. Private commercial organizations shall not
be eligible for fee waivers.
A. For
purposes of this section, a charitable, nonprofit, community, civic,
youth or senior citizen organization is considered "local" and eligible
for fee waivers if the number of the organization's participants who
will use the City's park or recreational facility is comprised of
at least 51% City residents.
B. Organizations
desiring a fee waiver shall submit a letter to the Department of Community
Services that identifies the organization, a list of participants
who will use the City's park or recreational facility, including each
participant's name, address, phone number, and zip code, the specific
fees sought to be waived, the estimated cost of the fees, and a justification
and public benefit provided by the organization justifying the waiver
of the fees.
C. The
Director of Community Services or designee shall review the Applicant's
completed fee waiver form to determine whether the granting of a waiver
under this chapter would be a benefit to the public.
D. To
approve a fee waiver, the Director of Community Services shall make
a written determination that the public benefit provided by the organization
is equal to or exceeds the amount of the fees requested to be waived.
E. The
Director of Community Services shall provide the City Council with
an annual report identifying waivers requested, denied, and granted,
and the cost of waivers granted.
(Ord. 265 § 5, 2014)
Authorized user groups which desire to use facilities for fundraising
purposes shall be allowed to do so subject to the fee requirements
adopted by the City Council and the City's administrative policies.
(Ord. 168, 2007; Ord. 358 § 11, 2022)
A. Inclement
weather is generally defined as weather which, in the judgment of
the City Manager or designated representative, has left recreational
facilities in a condition such that use of the facilities would present
a risk of damage to the facilities or injury to the users.
B. The
City shall have the authority to deny use of all or any portion of
a facility to a user based on inclement weather. The City reserves
the exclusive right to determine that a use of City facilities is
precluded by inclement weather, and no refund of fees paid shall be
made on grounds of bad weather or field condition unless the City
so determines.
(Ord. 168, 2007)
The City shall have the authority, based on cause, to deny use
of all or any portion of a facility to any group or individual who
has abused the privilege of facility use, including failure to comply
with the general policies and rules governing the use of community
and neighborhood parks.
(Ord. 168, 2007)