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HomeMy WebLinkAboutDraft Recreation and Parks Facility Use Policy 12-11-2007-7aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 11, 2007 Action Agenda Item No. _7 -- c~ SUBJECT: Recreation and Parks Facility Use Policies DEPARTMENT: Recreation and Parks .PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Draft Policy Document INFORMATION CONTACT: Laura Blackmon, 245-2300 Lori Taft, 245-2660 PURPOSE: To review and consider policies associated with use of recreation and parks facilities and properties. BACKGROUND: In June of 2007, Commissioners approved new and revised fees for use of Recreation and Park Facilities. One of the fees was for the use of an entire park. The fee for such use was set at $250. In October of 2007, a facility use application was filed for the use of Fairview Park. The applicant for this permit requested that the new fee be waived and this request was brought forward to the Commissioners for consideration. After review by the County Attorney, it was determined that fees could not be waived. The Board decided at that time to rescind this park use fee. Further discussion by the Board focused on whether use of an entire park by an outside entity should be allowed at all. The Board raised several questions relative to this type of park use. Staff has reviewed applicable Orange Countyordinances and found that at least three ordinances address issues of Orange County facility use. Each of these ordinances may require amendments as may be determined by the BOCC. Issues recently discussed by the Board concern use of the whole park, maximum duration of exclusive use, for-profit and other use which may be inappropriate, fees, fee waivers, agencies or entities not subject to fees, fees charged by park permittees, types of allowed use (for what purpose), conditions of use, etc. The attached policy draft may assist in guiding discussion on each of these issues and others as the Board desires. A formal policy document can then be drafted and ordinance language revised for final review by the Board. This could be a lengthy process as the implications could affect facility use county-wide and not just recreation and parks facilities. 2 FINANCIAL IMPACT: No financial impact is associated with this item. RECOMMENDATION(S): The Manager recommends that the Board consider issues associated with the use of park facilities by the public and provide feedback to staff for further development of policy and possible amendment of applicable ordinance. DRAFT Orange County Recreation & Parks Facility Use Policy I. FACILITY USAGE 1. The following priority shall be established for scheduling functions in these facilities. However, no agency may supercede an activity or event already scheduled. a. Orange County sponsored programs and activities b. Chapel Hill-Carrboro City Schools and Orange County Schools, municipal departments and boards c. Programs and activities sponsored by recognized civic and other organizations for public purposes located within Orange County d. Activities and events for private functions held by individuals and groups who reside or work in Orange County. 2. Activities of a strictly business or commercial nature for profit are excluded. This restriction applies whether the entity sponsoring the activity is a profit, not for profit or charitable entity. II. GENERAL RULES FOR USE OF FACILITIES 1. The following shall be prohibited within or on the premises of the facility: a. Smoking (in indoor facilities and within 50 feet of county buildings) b. Alcoholic beverages c. All illegal drugs and other substances d. Weapons of any kind except law enforcement officers in the execution of their duties or those associated with a Recreation and Parks Department sponsored program e. Animals of any kind except those serving the needs of the handicapped or those associated with a Recreation and Parks Department sponsored program f. Use of profanity and profane gestures 2. Persons/groups using the facility shall be responsible for the breakage, loss, or damage to the facility and equipment and shall bear the full replacement cost for such breakage, loss, or damage. 3. All programs or activities in County facilities must conclude by 11:00 pm, unless special permission is gained from the Recreation & Parks Department in advance and included on the Permit. 4 4. The number of individuals attending functions in County facilities shall not exceed the limits established by the County Fire Marshal. The capacity listed on the Application represents the seating capacity, not the building/room capacity as authorized by the Fire Marshall. Building/Room capacities established by the Fire Marshall are as follows: a. Central Recreation Center AAI 150 b. Central Recreation Center AAII 80 c. Central Recreation Center Gymnasium 860 d. Homestead Community Center 150 e. Efland Cheeks Community Center 140 f. Northern Recreation Center Cafeteria 150 g. Northern Recreation Center Room 4 30 h. Northern Recreation Center Gymnasium 250 5. The selling of food, concessions, or merchandise in conjunction with a recreation facility rental or athletic facility rental is not authorized without the expressed written permission from the Orange County Recreation and Parks Department in the form of a Vending Permit. If approved, vending must be in accordance with Orange County Division of Environmental Health regulations. 6. Kitchens, where provided, are for food warming and serving only. Preparation of meals and cooking is prohibited. 7. It is the responsibility of the organization using the facility to clean up the area used, and sweep and mop when necessary. 8. It is the responsibility of the Orange County Recreation and Parks staff (when scheduled to be present) to set-up tables and chairs before the event, break-down tables and chairs after the event, and empty the trash receptacles. When staff is not scheduled, it is the responsibility of the permittee to set up and clean up as needed. III. RESERVATION PROCESS 1. 'The Recreation and Parks Director will establish a process for making reservations for Recreation and Parks property and facility use. 2. The County Manager has the authority to deny use of a facility by a group if that group has damaged or abused a facility or disregarded requirements of use in the past. IV. FEES 1. Fees for use of facilities shall be those as adopted by the Board of County Commissioners. 2. Fees are charged for recreational, social and business use whether for public or private use. Orange County, x:XX and ~~XX agencies are not charged for use of facilities unless the county must pay staff to monitor and or secure the facility. In these cases, the applicant will be responsible for staff and/or other costs associated with the use of the facility. 3. Fees for facility reservation and use will not be waived by the Department of Recreation and Parks, the County Manager or the Board of County Commissioners. 4. The Recreation and Parks office will assign staff as it determines maybe essential to be present before, during and/or at the conclusion of the event/activity and the permittee will be charged overtime rates as well as for any materials and supplies used for this service. 5. The permittee will be held liable and billed accordingly for restoration costs if damage or losses occur to county property as a result of the permittee's use. 6. The permittee may be responsible for hiring and paying off-duty law enforcement officers, emergency services personnel, or others if required as a condition of the permit. VI. CANCELLATION OF RESERVATIONS 1. Orange County reserves the right to make cancellations at any time. Cancellation notices will be issued as far in advance as possible. Ail reservation and usage fees will be returned in full if a cancellation is initiated by Orange County. 2. Any cancellation made by the permittee within seventy-two hours of the scheduled use date will result in forfeiture of the reservation fee. 3. Refunds, due to inclement weather, will not be issued for Recreation Facility and Picnic Shelter Permits unless the County Manager closes county offices. 4. Should an Athletic Facility be closed or unplayable due to inclement weather or other unforeseen circumstance, the person or group making the reservation will be given the option to reschedule. If no suitable date can be rescheduled, full refunds of reservation fees will be given. VII. USE OF PARKS AND PARK. PROPERTIES The following conditions are applicable for all activities and events proposed for Orange County Recreation and Parks facilities and properties except those activities and events sponsored by the Department of Recreation and Parks or undertaken by the department during the course of duty. 1. Individual facilities in parks may be reserved through the process outlined above. If available, multiple facilities such as a picnic shelter and a ballfieid may be reserved by the same entity at the same time. 2. Areas within parks or on park properties such as a meadow or open field may be reserved as long as the proposed activity is determined by the Recreation and Parks Director to be appropriate use. 3. A facility or area within a park may not be reserved for more than five successive days. 4. An entire park may not be reserved for use. 5. Use of park properties which are not generally open to the public is not authorized except for activities sponsored by Orange County Recreation and Parks and those sponsored by other Orange County departments which enhance the public safety such as the Ham Radio Operators annual exercise. 6. Fees may not be charged for entry into the park or facility or for participation in any activity or event. 7. The permittee is responsible for the collection and removal of trash and recyclables during and at the conclusion of the event. 8. The use or possession of alcoholic beverages on County property is prohibited. 9. The use of tobacco products is not allowed inside County buildings or within 50 feet of county buildings. Due to potential fire hazards, tobacco products are not allowed at: New Hope Park at Blackwood farm or Little River Park. 10. In addition to those listed above, the following are examples of activities expressly prohibited in County Parks: carnival rides, yard sales, fundraisers, dunk tanks, gas or radio propelled airplanes, hot air balloons, illegal or inappropriate activity of any kind as determined by the Recreation and Parks Director.. 1 1. The permittee is responsible for insuring that vehicles are not driven off roads, drives or lots on County property without express written permission. 12. Reservations in excess of X consecutive days will not be allowed.