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Home My WebLink AboutO-1998-2281 e e ORDINANCE NO. 98- 2281 ORIGINAL AN ORDINANCE ADDING PROVISIONS FOR PERMITTING THE SPECIAL USE OF PARKS, PARK AREAS, PARK RELATED FACILITIES, AND RENTAL FACILITIES COMPRISING THE CITY OF lA PORTE PARKS SYSTEM BY ADDING NEW SECTIONS 50-10 THROUGH 50-17, INCLUSIVE, TO CHAPTER 50 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. THE CODE OF ORDINANCES OF THE CITY OF LA PORTE IS HEREBY AMENDED, BY ADDING NEW SECTIONS 50-10 THROUGH 50-17, INCLUSIVE, TO CHAPTER 50 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, WHICH SHALL HEREAFTER READ AS FOLLOWS, TO WIT: Sec. 50-10 PARK USE PERMITS ESTABLISHED The City Council of the City of La Porte, hereby establishes park use permitting provisions regulating the issuance of park and facility special use permits for all City parks, park areas, park related facilities and rental facilities in the City of La Porte park system. Special Use Permits refers to the process required to conduct events, public gatherings, meetings, activities, rentals of facilities and other special uses of the parks system, Special Use Permits issued to the public for non-restricted use and restricted use of each park, park area, park related facility or rental facility in the City Park system shall be governed according to the provisions described herein, Sec. 50-11 PARKS, PARK AREAS, PARK RELATED FACILITIES, RENTAL FACll TIES, ADDITIONS Future addition of dedicated parkland, park areas, park related facilities, rental facilities to the City of La Porte Parks System, as approved by City Council, or placed under the control of the Parks and Recreation Department by executive order, shall be subject to and be governed by the provisions described herein. Sec.50-12 REGULATORY NATURE OF PERMITS The permit process shall be viewed as a regulatory function in which the requests for special use of parks, park areas, park related facilities, or rental facilities is evaluated against the provision or loss of basic recreational opportunities to the general public, (1) NON-RESTRICTED USE PERMITS DEFINED Non-restricted use permits shall include those special use permits issued for events or other uses of the parks system where public participation is a function of the intended special use, e Ordinance No. 98- n81 Page 2 e (2) RESTRICTED USE PERMITS DEFINED Restricted use permits shall include those special use permits issued for functions or activities where public use of parks, park areas, park related facilities, and rental facilities may be curtailed, or where commercial promotion or use of the park or facility is contemplated, Sec.50-13 EVALUATION OF PERMIT REQUESTS Requests for special use permits, and any additional, special, or extra privileges requested therein, shall be evaluated against the following criteria: (1) The requested park, park area, park related facility, or rental facility, or part thereof has been previously scheduled or reserved; (2) The compatibility of the requested use with the design, function, amenities, and purpose of the park, park area, park related facility or rental facility, or part thereof; (3) The compatibility and relationship of the requested use with the surrounding neighborhood or community; (4) The degree of impact of the requested use upon park lands, buildings, facilities, and appurtenances; (5) The extent to which the requested use will interrupt the safe, orderly movement of traffic, or police, fire, ambulance or other emergency equipment on streets adjacent to, running through, or around the park or facility; (6) The degree to which the requested use or function would be disruptive or promote disorderly conduct; (7) The degree to which the requested use can be reasonably conducted without public safety or health hazard; (8) The requested use does not violate any applicable rules and regulations of the Parks and Recreation Department, the Charter and Code of the City of La Porte, Harris County codes and rules, or state and federal laws; (9) The past performance or non-performance of the requesting individual, company, organization or other applicant; (10) The ability of the requesting individual, company, organization, or other requestor to meet any stipulations, instructions, or orders pertaining to, or required for the safe and orderly conduct of the function or requested use. (11) The financial and managerial ability to conduct the requested use or function including the payment of any required fees and the provision of any required support services; . Ordinance No, 98- 2281 Page 3 e (12) The ability of the Parks and Recreation Department to provide services, staff, or equipment necessary to support the request; (13) Overall, whether the requested use is restricted or non-restricted, and how such proposed use may have an adverse effect on the use of the park, park area, park related facility, or rental facility by the public, Sec.50-14 PERMIT PROCESS Any person eighteen (18) years or older may request a special use permit for any park, park area, park related facility, or rental facility in the City of La Porte parks system by submitting a written request or by submitting an applicable application to the Parks and Recreation Administrative Offices at 1322 South Broadway in La Porte, Texas (P,O. Box 1115, La Porte, TX 77572-1115) during regular business hours, The Director of Parks and Recreation will review the special use permit request, utilizing the review criteria herein stated, and respond in writing within five (5) working days. The written response will indicate the approval of the permit, or the reasons why the permit request was denied, based on the review criteria, Approved permits for special use of parks system facilities and areas are subject to written rules and regulations on file at the Parks and Recreation Department offices, A copy of pertinent rules and regulations are furnished to the requestor upon approval of the permit. Sec. 50-15 SPECIAL USE PERMIT A PRIVilEGE A special use permit granted by the Director of Parks and Recreation is for a temporary and interruptible use of a park, park area, building, facility or part thereof. Such permit is a privilege granted by the City of La Porte and not a right, and does not and shall not be construed to convey any legal or equitable interest whatsoever to any park, facility or part thereof, Sec.50-16 PERMIT NON-TRANSFERABLE A special use permit is issued in the applicant's name as an individual, or a representative or agent of a company, organization or other entity for a specific purpose, at a particular park, park area, park related facility, or rental facility, or part thereof, and for or during a specific date(s) and time(s). Such permit cannot be assigned, sold, lent, leased or otherwise transferred even though the name of the requestor, or name of the company, organization or other entity represented by the requestor may change. Sec.50-17 TEMPORARY CLOSURE, CHANGE IN OPERATING HOURS The Director of Parks and Recreation may from time to time order the temporary closure or change in operating hours of parks, park areas, buildings, or facilities in the parks system, Such temporary closure or change in operating hours may be required as a result of renovation and construction projects, a safety, health or weather emergency, or other operations situation, and shall not be considered a permanent change in operating hours unless such change is filed by rule, e Ordinance No. 98- 2281 Page 4 e SECTION 2. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose, SECTION 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon, The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof, SECTION 4. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the Bayshore Sun at least twice within the ten (10) days after the passage of this ordinance, PASSED AND APPROVED, this 14th day of September, 1998. CITY OF LA PORTE ~~~ N rman L. Malone, ayor ATTEST: 1f/a!t~J1LJuJi Martha Gillett, City Secretary TO FORM: