HomeMy WebLinkAbout2398ORDINANCE NO. .2.3`
AN ORDINANCE of the City of Port Angeles
amending Chapter 12.08, Port Angeles
Municipal Code, and repealing Ordinance
No. 2332.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES
ORDAIN as follows:
Section 1. Chapter 12.08, Port Angeles Municipal Code,
is hereby amended to read as follows:
Chapter 12.08
VERN BURTON MEMORIAL COMMUNITY CENTER
Sections:
12.08.010 Applicability.
12.08.020 Permitted activities.
12.08.030 Use regulations.
12.08.040 Permit - Applications.
12.08.050 Permit - Issuance prerequisites.
12.08.060 Fee schedule.
12.08.070 Permit - Revocation.
12.08.080 Permit -- Assignment.
12.08.090 Right of inspection.
12.08.100 Temporary alterations.
12.08.110 Prohibited activities.
12.08.120 Violation - Penalty.
12.08.010 Applicability. This Chapter shall apply to
the use of the Vern Burton Memorial Community Center, located at
4th and Chase Streets in the City, and to any use of the surround-
ing grounds whenever said use is in conjunction with the use of
the building as governed by this Chapter. This Community Center
is provided by the City for use by the citizens of Port Angeles
for social, educational, and recreational activities, which
require a structure with the size and characteristics of the Vern
Burton Memorial Community Center.
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12.08.020 Permitted activities. Subject to the pro-
visions of all other Sections of this Chapter, the following
activities are permitted in the Vern Burton Memorial Community
Center:
A. Social functions, including banquets;
B. Exhibitions, including, but not limited, to boat, auto,
or other product displays;
C. Conventions, conference and other business gatherings;
D. Concerts;
E. Civic events;
F. Professional and /or semi - professional events; and
G. Recreational activities.
12.08.030 Use Regulations. The following regulations
shall apply to the use of the Vern Burton Memorial Community
Center:
A. The hours of operation shall be from 5:00 AM to 2:00
AM.
B. The sale or use of liquor, including beer and wine,
shall not be permitted at any of the activities allowed in the
Vern Burton Memorial Community Center.
C. All applicable Federal, State and local laws, codes and
regulations shall be complied with.
D. The Parks and Recreation Director shall recommend such
other regulations as are necessary for use of the facility, which
regulations shall be adopted by the City Council.
E. The above use regulations may be modified only by
special permission of the City Manager with the right of appeal
to the City Council.
12.08.040 Permit - Applications.
A. An applicant for a permit to use the facility shall
file an application with the Director of Parks and Recreation at
least five days prior to the date sought for use of the facility,
or at least thirty days prior to the date sought for the use of
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the facility if special arrangements such as floor covering,
seating, or other such arrangements are required, unless the
Director waives such notice requirements in circumstances that he
deems appropriate, and shall provide the following information:
1. Sponsor of the activity;
2. Nature of the event;
3. Date of the event;
4. Expected attendance;
5. All other such information as may be required
by the Director of Parks and Recreation.
B. The Director of Parks and Recreation shall review the
application for sufficiency and consistency with the terms and
conditions of this Chapter, the rules adopted pursuant to the
authority of this Chapter, and all other applicable Federal,
State, and City laws, codes, and regulations.
C. The Director shall determine whether a permit for the
activity requested shall be issued. In appropriate circumstances,
the Director may issue a permit for an activity that varies from
the terms and conditions of this Chapter, provided that the pub-
lic health, public safety, public property and public peace are
adequately protected. The Director may place such terms and
conditions on the permit as he deems necessary and appropriate
for the proper administration and enforcement of this Chapter.
D. The decision of the Director may be appealed to the
Parks, Recreation and Beautification Commission, by filing an
appeal with the Director within ten days of his decision.
12.08.050 Permit - Issuance prerequisites.
A. After approval of the permit application, and before
issuance of the permit, the applicant shall deposit with the City
a cash deposit or a surety bond in twice the amount of the use
fee as established pursuant to PAMC 12.08.060, or as otherwise
required by the Director but in no event to exceed $1,000. This
bond or deposit shall be used to pay costs or charges incurred to
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repair damages to the City facility, or to clean up the facility
after its use. This bond or other deposit, or a portion thereof,
shall be returned to the applicant when the City is satisfied
that any damages incurred during the use of the facility by the
applicant have been repaired and that the facility has been
cleaned to the same condition as when delivered to the applicant.
This bond or other deposit may be used by the City tor repair or
clean-up if such is not done by the applicant.
B. After approval of a permit application, and before
issuance of the permit, the applicant for any use that is either
sponsored by a corporate entity or is a special event with
significant potential liability exposure as determined by the
Director, the Risk Manager, and the City Attorney, shall furnish
to the City evidence that he has in full force and effect a
liability insurance policy in an amount of not less than $300,000
bodily injury coverage per person, and $100,000 property damage
coverage per incident, covering any bodily injury or property
damage arising out of or in any way connected with the use of the
City facility by the applicant.
C. After approval of the permit application, and before
issuance of the permit, the applicant shall execute an agreement
to save and hold the City harmless from, and to defend the City
against, any and all claims or causes of action arising out of or
in any way connected with the use by the applicant of the Vern
Burton Memorial Community Center. The Director may require that
the signature on said hold harmless agreement be notarized in
circumstances that he deems necessary and appropriate.
D. As deemed necessary and appropriate by the Director,
after approval of the permit application and before issuance of
the permit, the applicant shall furnish written confirmation from
the Chief of Police of the City that adequate provision has been
made by the applicant for police, security, and traffic control,
considering the type of activity proposed by the applicant.
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E. As deemed necessary and appropriate by the Director,
after approval of the permit application and before issuance of
the permit, the applicant shall furnish written confirmation from
the Fire Chief of the City that adequate provision has been made
for compliance with all applicable fire codes and regulations.
F. After approval of the permit application, and before
issuance of the permit, the applicant shall present written
confirmation of conformance with any other condition or require-
ment placed upon the proposed activity.
12.08.060 Fee Schedule. The Director of Parks and
Recreation shall prepare a schedule of fees for the use of the
Vern Burton Memorial Community Center. This schedule shall be
approved by the City Council by resolution.
12.08.070 Permit - Revocation. Any permit issued
pursuant to the terms of this Chapter may be revoked in accord-
ance with the provisions of Section 5.04.150 through 5.04.220.
12.08.080 Permit - Assignment. No permit issued
pursuant to this Chapter may be assigned.
12.08.090 Right of Inspection. The Director of Parks
and Recreation, his designee, or any peace officer of the State
shall have the right to enter and inspect any activity at the
Vern Burton Memorial Community Center at any time.
12.08.100 Temporary Alterations. Any applicant for a
permit may make application for, and may receive approval for,
temporary alterations to the Vern Burton Memorial Community
Center; provided that all such alterations shall be immediately
removed from the structure at the conclusion of the activity, and
the structure shall be returned to the condition existing before
the alteration.
12.08.110 Prohibited Activities. It is unlawful for
any user or other person to commit any of the following offenses
on the premises of, or in connection with the use of the Vern
Burton Memorial Community Center:
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A
A. Interference with any individual or group engaged in
lawful use of the Vern Burton Memorial Community Center;
B. Soliciting, interfering with, accosting other people
for selling, begging, immoral act or other similar purposes is
not permitted in any park or attendant facility;
C. Wilfully marking, marring, defacing, disfiguring, in-
juring, tampering with or displacing, removing, burning, cutting,
carving, digging up or damaging any park property and attendant
facilities or any plants, trees or shrubs, or attaching any rope,
wire or other contrivance to a tree, plant, shrub or structure.
12.08.120 Violation - Penalty. Any person violating
any of the provisions of Section 12.08.110 is guilty of a misde-
meanor, and may be punished by a fine of up to $500 for each
offense.
Section 2. Ordinance No. 2332 is hereby repealed.
Section 3. This Ordinance shall take effect as
provided by law.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the I day of
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ATTEST:
, 1986.
Sherri L. Anderson,
Acting City Clerk
APPRO
AS TO FORM:
Craig IS:\Knutson, City Attorney
PUBLISHED: J udt. t 1a `ito
Ci P4h
MA O R
MEMORANDUM
May 23, 1986
TO: City Manager and City Council
FROM: Parks & Recreation Director
RE: Amendment to Vern Burton Memorial Community Center
Ordinance
ISSUE: Should the Vern Burton Memorial Community Center
Ordinance be amended to more appropriately reflect community
needs while at the same time continue to protect the City?
BACKGROUND /ANALYSIS: The Ordinance governing the use of the Vern
Burton Memorial Community Center contains many provisions that
regulate the use of the facility. Some of these provisions are
very necessary and appropriate. Others are difficult to admin-
ister with regard to every user of the facility on a routine
basis. Based on input from the Risk Manager and City Attorney,
we are proposing the following modifications to the Ordinance,
which are set forth in the attached proposal:
1. The Ordinance is made applicable to use of the grounds
surrounding the building, whenever such grounds are being
used in conjunction with the building.
2. The section on permitted activities is amended to allow use
by profit as well as non - profit organizations.
3. Sale or use of liquor at the facility is prohibited unless
special permission is given by the City Council.
4. Minimum and maximum attendance figures are eliminated and
instead applicable fire codes and other regulations will be
used to govern attendance levels.
5. The time requirements for filing a permit application are
made more flexible.
6. Review of permit applications is by the Parks Director with
appeal to the Park Board. Review by the Park Board and City
Council in every instance is eliminated.
7. The Park Director is given the authority to attach terms and
conditions as necessary and appropriate.
8. The amount of the deposit or surety bond is reduced, depend-
ing on the amount of the permit fee, unless the Director
determines a larger damage deposit is necessary.
9. The insurance requirement is made applicable only to cor-
porate entities and special events with significant
liability exposure as determined by the Parks Director, Risk
Manager, and City Attorney.
10. The blanket prohibitions against sale of goods and posting
of signs is deleted. The Director still has authority to
prohibit such activities on a case -by -case basis.
RECOMMENDATION: It is recommended that the City Council adopt
the proposed Ordinance that would provide for more fair and
efficient administration of the Vern Burton Memorial Community
Center while at the same time continuing to provide the necessary
protection for the City and the facility.
SB:CDK:LF
Attachment
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