HomeMy WebLinkAboutAgenda - 09-19-2007-6iORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 19, 2007
Action Agen a J
Item No.
SUBJECT: Fee Waiver Request for Tent Revival Event at Fairview Park
DEPARTMENT: Manager's Office PUBLIC HEARING: (Y/N) No
Recreation and Parks
ATTACHMENT(S):
Parks and Recreation Ordinance
INFORMATION CONTACT:
Laura Blackmon, 245-2300
Lori Taft, 245-2660
PURPOSE: To provide the Board with the opportunity to consider the request for park use fee
waiver by Reverend Luther Brooks and the St. James Baptist Church.
BACKGROUND: In October of 2006, Reverend Luther Brooks held an Outreach Ministry Tent
Revival at Fairview Park. The event was held over asix-day period and average attendance
was estimated at 250 people per day. Games, food, clothing, food bank, outreach through block
captains in the community, and other activity were all provided to the public free of charge. A 40
x 60 tent was erected for the entire period. The Town of Hillsborough Police provided "close
patrol" throughout the period of the event. Reverend Brooks worked with the Recreation and
Parks Department, the Town and others to insure all regulations were followed and all required
paperwork was in place. .
In June of 2007, the Board approved new park facility use fees including a $250 per day fee for
general park use. This is the daily fee applicable for this event. Reverend Brooks has
requested through the Recreation and Parks Director and the County Manager that this fee be
waived. He believes that the fee ($1,500) would have a severe impact on his budget for the
event, which is approximately $4,500. He characterizes his event as one, which "gives to the
community". Reverend Brooks would like to address the Commissioners on the matter of a
requested fee waiver.
Typically, several groups throughout the year want use of a large portion or an entire park for
their event. In many cases, these groups are non-profit organizations. The fee serves as a
means of compensating the public for loss of their use of the park for an entire day and to
somewhat regulate those who have legitimate events and see the fee as the cost of holding
that event.
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There are certain events the Board may feel warrant a "waiving" of the fee because of the
community benefit. In such cases, the Board may consider paying the fees from its
contingency fund "in lieu of assessing the event planners. Under this possible framework, no
one would use a park for free. The Board would also be making a decision to financially
support events it thinks contribute to the community. Benefiting the community would be
assessed by the Board, and the Board could establish the position of not supporting events
that do not need financial support or that benefit only a small segment of the community. As
an example, a soccer group holding an event for its members benefits only a segment of the
community: A tent revival has religious overtones. However, the Board may feel that
Reverend Brooks plan for reaching out to a struggling community that does not have a church
in order to impact the gangs and address other needs of the residents may be something the
Board wants to support by paying the cost of their use of the park.
FINANCIAL IMPACT: If the Board were to waive the fee for this event, potential revenue of
approximately $1,500 would likely be lost.
RECOMMENDATION(S): The Manager recommends that the Board keep the $250 per day
fee in place for this event and consider "payment in lieu" as an option in situations where the
Board decides the event warrants the County's financial support.
AN ORDINANCE REGTILATTNG PARKS AND RECREATION
IN pRANGE COUNTY
Article S: Definitions and Applicability
Section 1. Definitions
Article II: Use of and Conduct on Recreational Premises
Section 1. Operation of Motor Vehicles
Section 1.1 Bicycling
:Section 1.2 Motorized Model Airplanes
Section 1.3 Skateboards
Section 2. Alcoholic Beverages .
Section 3. Noise
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Section 4. Pens
Section `5. Hunting.
Section &. ;Damage to Growth
Section 7. Fishing
Section '8. Swimming
Section''9. Horseback Riding
Section 1'Q. Weapons
Section I1. Boating
>Section 12. Fires
.section 13,. Signs axd Equipment .
Section 14'.: Waste Disposal
Section 15. Overnight Camping
Section l6. Use-af Metal Detectors
Section l7. Hitting Golf Balls
Section 18. Commercial Activity
Section 19. conduct on Recreational Premises Generally
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Article III: Miscellaneous Provisions
Section 1. Reservations
Section 2. Opezzi.ng and,. closing Hours
Section 3. Entrance Fees
Section 4. Authority of Director
Section ~: Violations
Section 6. Enforcement
Section 7. Waste Receptacles on Recreational Premises
Section 8. Policy Declaration
Section 9. Pasting of Ordinance and Rules
AN ORDINANCE REGULATING PARKS AND RECREATION
IN ORANGE COUNTY
- Article 1: DEFINITIONS AND APPLICABILITY
Section 1. Definitions: ~
Unless. othercaise specifically provided or clearly required by
the context, the fallowing taards and phrases shall have th,e
indicated meaning when used in this Ordinance.
(a} CountY,ar she County: Orange County.
(b) County>Manaaers ?'he Orange County Manager.
(c} Denartment: The Orange County Recreation and. Parks
Department.
(d} Director: The Director of the Orange County Recreation
and Parks Department.
(;e} Recreational Premises: Any real property owned, leased
ar operated kiy the County and used for parks anc7. related rec-
reatona''<l purposes.
Sect>ian 2. Scone off Ordinance.
The provisions of th Ordinance,. and any rules properly
..promulgated under this Ordinance, shall apply to, all recrcatoral
,premises,
ARTICLE 7I US'E OF AND CC7NDtTCT ~N..RECREATIONAL 'PREMISES
Section 1. Ox~eration of Motor vehicles
(a} Except on roadways especially laid out and develgped to
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carry moto~izEd vehicles into recrea~ianal premises, the ape_•a~~on
of all motorized vehicles; ?ncluding but not limited to
automobiles, motorcycles and mini-bikes, shall be unlawful: ~3here
operation of motor vehicles is permitted, vehicles shall be
operated only by persons licensed to drive and possessing valid
motor vehicle operator's licenses,
(b) The speed limit on properly-designated roadways shall be
ten (10) miles per hour unless otherwise pasted.
{c) Parking of motor vehicles shall be in designated parking
areas only. No vehicle shall be parked on recreational premises
for washing, waxing, or repair. No vehicle shall be parked within
the boundaries of any recreational premises overnight. Any vehicle
parked not in accordance with this section may be towed at the
vehicle awr-er's expense by an agent. of Orange County to a storage
area, or garage. The owner of a towed vehicle may reclaim the
vehicle upon payment to Orange County nz all reasonable costs
incidental to the remove]. anal storar~e of the vehicle.
(d) The provisions in this section shall not apply to (1)
motor vehicles driven by law enforcement officers; {2)
emergency vehicles,
(3) Orange County Recreation.. and Parks-'Departm.ent staff
and volunteers acting; on, behalf o~ and performing
duties required by the Department;
{4). persons performing maintenance work. on recreational
premises, provided that they are acting, within the
scope. of their employment.
Section 1.1 Bicvcling: Except in specially-designated areas,
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bicycling is prohibited on recreational premises.
Section 1.2 Motorized Model Airplanes: Except in specially-
designated areas, motorized model airplanes are prohibited an.
recreational. premises.
Section 1.3 Skateboards: Except in specially-designated areas,
skateboards are prohibited an recreational premises.
Section 2. Alcoholic Beverages:
(a} Except as provided in subsection (b},
possession or consumption of alcoholic beverages on
recreational premises is prohibited. As used in
this Section, the, term "alcoholic beverages"-means
any beverage containing at least one-half of one
percent (0.5%} alcohol by volume, including malt
beverages, unfortifed wfne, fortified wine.,.
spirituous liquor and mixed beverages.
(b) With the e~xpr~ss, prior written consent of the
County Manager, alcoholic beverages may`be`
possessed, consumei3 and sold an recreational
premises. such consent. may be-granted. in the
following circumstances::
(l} sports tournaments sponsored by'the`county
and the Department;
(2) othex' spectator sports events sponsored by
the County and the Department;
(3} other county......sponsored events.
Section 3. Noise:
(a) It shall be unlawful for any person using any
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recreational premises to make or cause to b.e ;nace
any -loud, disturbing or unnecessary noises.
(b) The following are, for the purpose of this
Ordinance, loud, disturbing or unnecessary noises:
(1) loud or boisterous language;
(2) profane, vulgar, lewd or obscene language-
or language which would ordinarily abuse the
hearer which can be and is heard by persons
other than the person(s) making statements.
containing profane language;
(3) the use of automobile ar other motor
vehicle horn, except to signal. an emergency;
(4) the playing of a radio, phonograph,
musical instrument, or other sound reproduction
device in such a manner or at such a volume as
to disturb 'the quiet, comfort or repose of any
person; or
(5') any other noise created in such a manner
ar at 'such a volume as to disturb the quiet.,
comfort or repose of any person,
(c>) The Director may exempt from the provisions of
this Section a person performinng an recreat:anal
premise's at a'County- ar Department-sponsored event.
Section, 4, Pets: Pets must be kept an leashes at al'1 times
and under coritrol,a£ a competent person while. on recreational
premises.
Section 5: Huntinrt: Hunting, trapping, abusing ar killing of
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birds, waterfow? or airy other living animal on recre3tio:1a1
premises is prohibited; except, an animal may be killed when a
be.rson on recreational premises is in a life-threatening :situation
or he ox she has reasonable basis to believe an animal may cause
serious physical harm. This section shall. not apply to law
enforcement officers, persons lawfully acting pursuant to any other
Orange County ordinance or persons duly appointed by the County
Manager acting pursuant to conservation management or public health
objectives.
Sectioxl 6. Damage to growth: Cutting, picking, pulling or
damaging trees, flowers or any other living plants. on recreational
premises is prohibited. This section sha11 not apply to county
maintenance personnel acting pursuant to growth management,
maintenance objectives or recreat3:ona1 premises development
objectives. The cutting of trees for any purpose shall anly be
done pursuant to a Tan appraised by the Orange Coi.xnty Recreatari &
Parks Advisory Council and>the Orange County Baarcl of
Cammissbners.
Section 7. Fishing:
(a) Except-in 'specially-designated areas, fishing<
is prohibited on recreational premises. (`b} Where
fishing is permeated, a permit .must first be
" obtained from the Director. The application process
and fee for a fishing permit sha11 be determined by
the Director. (c) Any person seeking to obtain the
permit required by subsection (b) o~ this section
must firs obtain an inland fishing license required
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by Section 113-271 of the North Carolina General
Statutes, and have both the permit a:nd the license
in his or her possession at all times while. fishing.
Section 8. Swimmincr: Except in specially-designated areas,
swimming is prohibited on recreational premises.
Section 9. Horseback ridinct: Except in specially-designated
areas, horseback riding is prohibited an recreational premises.
section 10. weapons:
(a} Na person sha11 display, carry, possess, use or
in the case of firearms~dscharge any dangerous
weapon an recreational premises. For purposes of
this Section, the term "dangerous weapon!' shall
include, but not be limited to, a bowie knife,.
dagger, sling shots loaded cane, metallic knuckles;
razor, stun gun, pistol, rifle, gun or any other
weapon of like kind.
(b:} This section shall pat apply ta:
(1) law enforcement officers authorized. by law
to carry weapons;
(2) a person engaged in, or on the way to or
from, a Department- ar County-sponsored
activity in which he ar she 1eg:timately uses.
car. used "the- weapon.
section 11. 3aatna:
(ay Except in specially-designated areas., boating
is prohibited an recreational premises.
(b) Where boating is permitted, a permit must first
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be obtained '`'rom the Director. Tne apt~licaton
process and fee €or a boating permit shall be
determined by the.. Director.
(c) In addition to obtaining the permit required by
subsection (b) of this section, anyone lawfully
boating an recreational premises shall comply with
the boating safety regulations contained in Chapter
75A of the North Carolina General Statutes.
Section 12. fires:
(a) Na person may ignite a fire on recreational
premises, except in areas authorized far picnicking,
and then only in grills ar ovens designed for food
preparation.
(b) Fires shall never be left unattended..
('c) No person.. shall dump.. any ashes or coals into a
refuse receptacle on recreational premises. unless no
live embers remain in~such ashes and all coals have
been completely extinguished.
(d) No person who ignites a fire on recreational
premises shall leave>the recreational premises until.
the fire has been completely<extngushed.
Section 13. Si ns and Equipment:
(a) No person shall mutilate, deface, remove ar in
any manner damage any sign or equipment owned by the
County on recreational premises.
(b) Signs advertising candidates far political
office may be pasted on recreational premises owned
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b the Coup ~.
Y y, provided that: .
(1) no more than 1 sign per candidate is
posted;
(2) the person whose candidacy is advertised
on a sign is responsible for its removal within
],4 days after the election in which the
candidate participated.
Section l4. Waste Disx~osal: Dumping of any trash, debris ar
other discarded materials on recreational premises is prohibited
except as expressly permitted in receptacles whose location and use
is designated by the Di.rec:t.or.
Section 1.5. Overnight Camping: Except at recreational premises
which..are specifically designated as campsites, overnight camping
is :prohibited.. on recreational. premises
Section 16. Use of Metal Detectors:. The-use cif metal detectors
on recreational premises is prohibited.
Section 1"7. Httincr Golf Halls: Except at recreational
premises which are specifically designated as golf courses or golf.
practice'rdrivng ranges, hitting golf ballsi prohibited an
recreational- premises «
Section Z8. Commerca>1 Activity:
(a~' For pvrpases of thi's section, commercia'
activity shall include., but not be limited to, the
sale or attempted sale or advertisement for sale of
any goods or services.
(b') Except as indicated in subsection (c), no
person may engage in commercial activity an
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recreational premises.
(c) The provisions of subsection (b) shall not
apply to county-sponsored activities or other events.
specifically authorized by the County Manager.
.Section 19. Conduct on Recreational Premises Generally: In
addition to the other provisions of this Ordinance,, no person on
recreational premises shall engage in:
(a) any conduct in violation of state law or county
ordinance ar policy;
(b) 'any conduct that tends to threaten the health
yr safety af, or to disrupt or diminish the use by,
other lawful occupants of recreational premises.
Such conduct shall include, but not be limited to:
(1) language or actions constituting a threat
to the personal safety of any person on
recreational. premises.
(2) language tending to cause a breach of the
peace.
(3j fighting ar other assaultive behavior.
ARTICLE III: MIS.CELLANEDUS PRt)VISIONS
Section 1. Reservations•
(a) The Director may establish a system for
reserving recreational premises. Once such a system
has been established, no person may, after notice,
refuse to vacate an area during a time such an area
has been .properly reserved by another. (b) Except
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as provided in subsection (a), all recreational
premises shall be available for proper use during
hours of operation on a first-come, first-served
basis.
Section 2. Qbeninq and Closinct Hours:
(aj The Director shall by .rule establish opening
and closing hours for all recreational premises in
the County.
(bj Presence by any person on recreational premises
.during a time when the premises are not open for
operation is prohibited.
Section 3. Enttrance Fees:
(a}'~ihe Director may establish a schedule of
entzance, admission, user and rental fees far the
recreational premises in the-County.
(b) Except where a f'ee is charged r~ursuant to
subsection (aj, use of recreational premises is free
of chaxge.
{cj Where a fee is` charged' for entrance cirito
recreationa]. premises, it shall be unlawful to enter
recreational premises without payment of such fee.
Section 4: Authority of Director: Sn addition to the authority
granted elsewhere in this Ordinance, the Director shall':have'the
authority to promulgate any rules necessary"to promote the use 'and
enjoyment of.' recreatanal premises by 'the public, consistent with
the provision s of this, Ordinance. The Director may provide by'rul
that a person violating this Ordinance, or a rule promulgated
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her'zunder, may be asked to leatJ~ the recreational premises by a
person authorized to enforce this Ordinance. All such rules sha11
be promulgated in writing, maintained in the office of the
Department. and a copy maintained at all recreational premises.
during organized recreation programs. by the ,parson in charge of the
pragrarn. Ta the extent possible a copy of all such rules shall be
posted at all recreational premises.
Section 5.- Violations:
(a7 A violation of this Ordinance shall constitute
a misdemeanor, as provided in Section 14-4. of she
North Carolina General Statutes.
(b) Any perscin who shall violate a provision of
thzs Ordinance, o~ any rule validly promulgated by
the Director, and shall refuse upon request to
remedy said violation, may be requested to leave 'the
recreational ~srcmises
(c} The provisans,of this ordinance may be
enforced by any available equitable remedy,
including injunction and order of abatement, as
:provided in Sectican 153A-123, of the North:Garolna,
General Statutes'..
Sect.an 5. Enforcement: The pravis'ions of'this ordinance may
be enforced by the orange County Sh'erif:f's Department,, the Dix-
ector or any other person duly authorized by the County Manager..
Section 7. Waste Receptacles, on Recreatonal'Premses, Waste
receptacles an recreational premises shall be used by users of
recreational premises only, and shall only be used far disposal of
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waste generated on recreational premises. A11 other use of waste
receptacles is prohibited.
Section 8. Policy Declaration: It is the policy of Orange
County that bounty reerea~ianal premises are available to all
persons, regardless of race, gender, color, creed or political or
religious affiliation or national origin.
Section 9. Posting of Ordinance and Rules: A copy of this
Ordinance and any rules promulgated hereunder shall be, to the
extent passible, posted in one or more conspicuous places at each
recreational. premises. A copy of each shall be in the possession of
the pers~sn in charge of any organized recreation p'ragram and any
person enforcing; an the recreational. premises, this Ordinance or
rules pramul:gated hereunder.
The ordinance shall be effective August 6, 199'0. Adopted
this the 6th day-of Augusts 199D.
L1pan>:mot.on of'Commssaner John Hartwel3, seconded by
Commissioner Shirley E: Marshall, the foregoing Parrs and
Reereatic~n ordinance was adopted this 'the 6th day of August, 1990.
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FACTLTT.IES USE_, RESERVATION AND RENTAL POLICY
1. Orange County Recreation and Parks Departmental pra.grams have first
priority and then Orange County schools for use of facilities. Other
groups will be on a first-:come, first-serve basis.
2. Reservati.ans are to be made through Orange County Recreation and Parks
Department.
3. May not be used for personal profit
4. Must be left clean and equipment properly stored.
5. Alcoholic beverages, illegal drugs and other substances and/or
excessively loud music is prohibited in al-l county facilities.
6. Outdoor facilities, other than the ballfield anc3 Efland-Cheeks Community
Center picnic shelter are not available for reservations.
7. Should a facility be closed due to inclement weather an the day before or
the day of a reservation, the facility will remain closed and
reservations will be. cancelled. An alternate date may be chosen if it
does not conflict with departmental schedules. If: .no alternate date is.
available, a full refund of all rental/deposit fees will be given.
~. Reservation requests will not be accepted. earlier than 3 months Briar to
requested date of use.
~. R reservation form must be submitted with the Damage Deposit Fee upon
request of facility. Balance of fees are due three..(3.} weeks prior to
your eventJactivity. "Person(.s.) reserving facility will be held
responsible far the safe-:keeping of any keys to the facility (if
apxsl.icabley." DUPLICATION OF KEYS IS STRICTLY PROHIBITED;
1t1. If established rules and regulations cancern'ing "reservations>are not
followed an'd this results in fnaneial'cost tb Orange County:,. loss of the
privilege to reserve County recreation facilities may result.
11. Maximum reservat<on period for any facility is 8 hours and must conclude
by 11 PM unless special permission is given, Consecutive_,daily
reservations will only be<accepted an a weekend', holiday, or with written
authori.~atnn from the.Director of Recreation and Parks,
12; Requests for reservations fieyona normal-operational hours for that.
facility'will be `honored one when. staff ar.e available, and an additional
fee for :staff supervision will be charged;
13. Reservation farms must. be signed by persons>21 or alder, 'For children's
programs, 1 adult chaperone (a.ge 21 years or a1cTe.r) mus be provided for
everp 10 children in attendance.
14: 'This; Department reserves the right to make c:ancellat::ons of reservations
prior to the' che':duled use: Cancellation notices will be 'issued as far
in advance as possible., with all rentalJdeposit fees to be returned.'.
15. Cancellation notices by facility users must 'be received in writing by,
t-his Department no loter than 48 hours prior to scheduled use. Failure
to da so wil'1 result in forfeiture of rentail fees.. .Should adequate
notice: be received, a refund of the deposit or any fee paid, minus a
.$5.00 administrative fee will be given;
56,. Instances regarding facility use that are not included in this policy
wil be determined by the Director of Recreation and Parks.
l7. The number of individuals attending functions in County facl ies shal'1
not exceed the limits as established by the County Fire Marshal.
18. Kitchens, where provided, are for food warming and serving only.
Preparation of meals and cooking is prohit~ted.
fn: Reserve2.doc Rev. 8/25/95
2/96