This chapter is enacted to provide for the protection.
care and control of public parks, playgrounds and recreation areas
and facilities in the Town of Liberty and to regulate the conduct
of persons using such facilities.
As used in this chapter. the following terms
shall have the meanings indicated:
PARK
Includes all public parks, playgrounds, recreation areas
and other facilities within the Town and under ownership of the Town
or under the control and supervision of the Town.
SPECIAL EVENT
Any activity or event conducted, sponsored or organized by
a group other than the Town Parks and Recreation Department.
Permits shall be required for special events
as follows:
A. The person or persons seeking issuance of such a permit
shall file an application, in writing, signed by the applicant, with
the Town Parks and Recreation Department stating:
(1) The name and address of the applicant.
(2) The name and address of the person, persons, corporation
or association sponsoring the activity, if any.
(3) The day and the hours for which the permit is desired.
(4) The park and portion thereof for which such permit
is desired.
(5) A reliable estimate of the anticipated attendance.
(6) The type of activity for which such permit is desired.
(7) The anticipated age group of the expected participants.
(8) The names and addresses of the adult persons who would
supervise and be responsible for the proposed activity.
(9) Such other information as may be reasonably required.
(10) That the applicant is aware of §§
109-4 and
109-6 of this chapter and the rules of conduct in §
109-11 and has or will advise all members of the applicant's group of the provisions of said §§
109-4 and
109-6 and advise the group of the rules of conduct.
B. Issuance of a permit shall be made by the Town Parks
and Recreation Department based on the following criteria and may
contain special conditions as appropriate:
(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 nature and character of the proposed activity
or use of the park is not reasonably anticipated to incite violence,
crime or disorderly conduct.
(3) The proposed activity or use of the park will not
entail extraordinary or burdensome expense of police operation by
police agencies.
(4) The park area or facility desired has not been reserved
for other use at the date and hour desired in the application and
it does not conflict with any other activity of the Town Parks and
Recreation Department.
C. The permit granted shall entitle the holder to use
only that portion of the park or facility indicated therein.
D. The person, persons, organization or group using the
park or facility shall be responsible for supervision, making certain
that the gathering is orderly, and, further, shall be in charge of
its own parking and shall be responsible for cleaning up and placing
any garbage in appropriate containers prior to leaving the park or
facility.
E. Fees for use of the park or facility shall be charged
in accordance with a fee schedule to be fixed from time to time by
resolution of the Town Board upon recommendation by the Town Parks
and Recreation Board.
F. A security deposit shall be required in accordance
with a fee schedule to be fixed from time to time by resolution of
the Town Board upon recommendation by the Town Parks and Recreation
Board. Such deposit shall be returned only upon application received
within 30 days following the conclusion of the event for which the
permit was issued and further provided that the Town Parks and Recreation
Department is satisfied that the park or facility has been restored
to proper condition. If no application for a refund is timely made,
or if any portion of the security deposit remains after payment of
the cost of restoring the park or facility to proper condition, the
deposit shall be deemed abandoned and shall be retained by the Town
and applied toward parks and recreation purposes. In the event the
security deposit is insufficient to restore the park or facility to
proper condition, the individual or individuals who signed the application
and/or the organization on behalf of which such individual or individuals
acted may be held legally responsible for the deficiency.
G. Each applicant for a permit shall deliver to the Town
Parks and Recreation Department a certificate of insurance evidencing
that a policy of general liability insurance shall be in effect for
the permitted event providing coverage of not less than $1,000,000
combined single limit per occurrence and aggregate, and that the Town
of Liberty, its Parks and Recreation Board and its Parks and Recreation
Department are named as additional insureds.
Any person aggrieved by the issuance or nonissuance
of a permit may appeal the decision of the Town Parks and Recreation
Department to the Town Parks and Recreation Board within 10 days from
issuance of the permit or rejection of the application.
The person or persons to whom any permit is
issued hereunder shall be fully liable for any and all loss, damage
or injury sustained by any person whatever by reason of the willful
misconduct or negligence of the person, persons or one of the group
to whom such permit shall have been issued and/or any invitee thereof.
All persons obtaining a permit shall, in all
respects, be required to observe the conditions of this chapter and
any regulations promulgated pursuant hereto, as well as any special
conditions contained in the permit.