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Ordinance No. 10-09 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 10- 0-t AN ORDINANCE UPDATING TIGARD MUNICIPAL CODE CHAPTER 9.04 PARKS, GENERAL PROVISIONS WHEREAS, the City of Tigard Municipal Code Chapter 9.04, Parks, General Provisions was last updated December 2003;and WHEREAS,the parr system has grown since 2003 resulting in increased demands; and WHEREAS, this Tigard Municipal Code chapter requires an update to meet the demands on the city parr system. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific Tigard Municipal Code 9.04 General Provisions attached as Exhibit A to this ordinance is hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By 1 jlrl�:�1 vote of all Council members present after being read by number and title only, this��ay o f .f` ...2010. Catherine Wheatley, City kecordet APPROVED: By Tigard City Council this c3P day of_ -- ,2010. Craig ixksen,Mayor Approved as to form: City Attorney-' `7/7-7 / Date ORDINANCE No. 10- Page 1 Ci h)U A TIGARD MUNICIPAL CODE (1)A formal application must be made through the Public Works Department to reserve any Chapter 9.04 GENERAL PROVISIONS. public park and recreation facility for the exclusive use of a particular group. Sections; (2)All fees and any required deposit must be 9.04.005 Adoption of Administrative Rules paid at the time the reservation is made. Field and Supplemental Regulations users may pay field rental charges in installment 9.04.010 Purpose. payments as agreed upon by the Public Works 9.04.020 Facility Reservation. Director, or designee. Fees shall be set by the 9.04.040 Refund Of Fees And Change In City Council in the Master Fees and Charges Reservation. Resolution. 9.04.050 Repealed By Ord.92-33. (3)A responsible person, 18 years or older, must 9.04.060 Waiver Of Fees. sign the application and be present at the 9.04.005 Adoption of Administrative Rules function. and Supplemental Regulations (4)Primary field reservations shall be made The City Manager, or designee, has the authority through the Tigard Field Use Committee to adopt and amend administrative rules and comprised of Tigard-based non-profits supplemental regulations related to the benefiting Tigard youth, including, but not provisions of park facility reservations. limited to,Tigard-Tualatin School District 23J, Tigard little league, and Southside Soccer 9.04.010 Purpose. Club. The purposes of these rules and regulations are (5)The number of persons allowed in the total to: reservation and for each separate reservation shall be set by the Public Works Director, or (1) Facilitate maximum use of public facilities designee. The policy for allowable reservations by the citizens of Tigard; shall be routinely reviewed and adjusted to meet the purpose of reservations as stated in 9.04.010. (2) Coordinate the use of park facilities,thus Capacity shall not be exceeded at any given time assuring maximum opportunity for use through unless approved by the Public Works Director, the convenience of advance reservations; or designee. (3)Provide for use of park facilities by the (6)City of Tigard sponsored activities shall have citizens of Tigard, but where exclusive use takes first priority for the use of park facilities and place, or special handling is required,to recover shall reserve space for their programs and associated costs; activities first.The second priority for park field scheduling is for the members of the Tigard field (4)Coordinate the public use of park facilities use committee. All other park users will be with maintenance, construction and other scheduled on a first-come, first-serve basis. activities. (Ord. 92-33 §1(Exh. A)(part), 1992: (7)Park reservations allow far exclusive use of Ord. 83-55 §1(part), 1983: Ord. 78-13 §1, 1978). those areas indicated on the permit only. At no 9.04.020 Facility Reservation. time will the reserving party block or inhibit in any way access to other areas or facilities. No To provide advance reservation of park "roping off'of specific areas is allowed. facilities,the following procedures are adopted: 9-04-1 Code Update: 7/10 (8)(A)Additional costs incurred by the City because of abuse or excessive cleanup and/or repair, as determined by the Public Works (b)All credit or refund requests must be Director, or designee, shall be charged to the approved by the Public Works Director, or reserving group creating the added cost. designee. (B).Fees for special equipment, circumstances, (c)No credit or refunds shall be made to any and/or personnel unknown or unreported at the individual or organization based on weather time of application will be billed to the person in conditions. charge after the activity and upon computation of the charge. (d)Requests for credits or refunds must be made two weeks prior to the reserved date. (C)An advance deposit may be required at the time of application. Deposits may be retained to (e)The City reserves the right to cancel any cover additional costs and fees as outline in 8(A) scheduled usage of a park facility at any time. and(B)above. Deposits may be used to Every effort shall be made to find an acceptable reimburse the City for violations of City codes alternative date or location. A full credit or and policies, misuse of, or damage to property. refund including the application fee shall be The amount of deposit retained shall be issued when the City cancels a reservation. . determined by the Park and Facilities Manager. Any disagreement concerning the retention of 9.04.050 Repealed By Ord. 92-33. deposit may be appealed to the Public Works Director, or designee, in writing within 30 days 9.04.060 Waiver Of Fees. of notice of retention. The Public Works Director,or designee,shall (9)(A)Use of Tigard parks for profit making hear appeals to waive fees. (Ord. 92-33 §I(Exh. activities by an individual or organization is A)(part), 1992: Ord. 86-27 §2, 1986). regulated by Section 7.52.080 of this code. (B) Fundraising activities by state of Oregon designated nonprofit organizations or individuals must be approved by the Public Works Director,or designee. (Ord 03-08, Ord. 92-33 §I(Exh. A)(pail), 1992: Ord. 83-5 5 §1(part), 1983: Ord. 80-95 §2, 1980: Ord. 80-83 §3, 1980: Ord. 78-13 §2, 1978). (10)A formal application must be made to the Public Works Director, or designee, for the reservation of an entire park for the exclusive use of a particular group. 9.04.040 Refund Of Fees And Change In Reservation. (a)Any group seeking a credit or refund because of inability to use facilities as requested shall submit a written statement of credit or refund request. In no case shall the application fee be eligible for credit or refund. 9-04-2 Code Update: 7/10 TIGARD MUNICIPAL CODE hi--e eTo provide advance reservation of park facilities,the Chapter 9.04 GENERAL PROVISIONS. following procedures are adopted: Sections: (1)T ,-A formal application must be made through C-y the Public Works Department 1 9.04.005 Adoption of Administrative Rules to reserve any public park and recreation facility and Supplemental Regulations for the exclusive use of a particular group. 9.04.010 Purpose. (2) (A)All applieations shall iaelude the name 9.04.020 Facility Reservation. of the 9.04.040 Refund Of Fees And Change In the requested, Reservation. date and time requested, name, address and 9.04.050 Repealed By Ord.92-33. phone number of e ' in ehafge, r `v� 9.04.060 Waiver Of Fees. 9.04.005 Adoption of Administrative Rules (RZ)All fees and any required deposit must be and Supplemental Regulations paid at the time the reservation is made. Field users may pay field rental charges in installment The Ci1y Manager or designee has the author i payments as agreed upon by the City to adopt and amend administrative rules and ManagerPublic Works Director or designee. supplemental regulations related to the Fees shall be set by resolution of the City provisions of park facility reservations. Council in the Master Fees and Charges Resolution. 9.04.010 Purpose. (3)A responsible person, in ehaje 18 years or The purposes of these rules and regulations are olde_ r,must sign the application and be present at to: the function. Not (1) Facilitate maximum use of public facilities (4)but„„+ fe limited r fi �, e fieldstf seiet s, r el u i a ' by the citizens of Tigard; ' Little League and Tigard Seeeef Asseeiatien (2)Coordinate the use of park facilities,thus shall c�x�z��_�.��cprimary field reservations shall be e fields through the Tigafd field n assuring maximum opportunity for use through made through the Tigard Field Use Committee the convenience of advance reservations; comprised of Tigard-based non-profits.. (3)Provide for use of park facilities at benefiting Tigard youth, including, but not sesta bathe citizens of Tigard, limited to,Tigard-Tualatin School District 23T, but where exclusive use takes place.,or special Tigard Little League, and Southside Soccer handling is required,to Club. feesrecover associated costs; (5)Total r a ions a any one+,rae� � (4)Coordinate the public use of uark facilities eyweed five hundred people-The number of with maintenance, construction and other persons allowed in the total reservation and for activities. (Ord. 92-33 §I(Exh. A)(part), 1992: each separate reservation shall be set by the Ord. 83-55 §1(part), 1983: Ord. 78-13 §1, 1978). Public Works Director or designee.The otic for allowable reservations shall be routinely 9.04.020 Facility Reservation. reviewed and adiusted to meet the purpose of reservations as stated in 9.04.010. Capacity shall not be exceeded at any given time unless approved by the Public Works Director or designee. 9-04-1 Code Update: 7/10 organization not defined as a naapr-efi (6)City of Tigard sponsored activities shall have afganization by the stat is regulated by first priority for the use ofarks�,facilities and Section 7.52.080 of this code. shall reserve space for their programs and activities first. The second priority for park field (B)Fundraising activities by state of scheduling is for the members of the Tigard field Oregon designated nonprofit organizations or use committee. All other park users will be individuals must be approved by the City scheduled on a first-come, first-serve basis Manager-Public Works Director or designee. (Ord 03-08, Ord. 92-33 §l(Exh. A)(part), 1992: Ord. 83-55 §,(part), 1983: Ord. 80-95 §2, 1980: (7)Park reservations allow for exclusive use of Ord. 80-83 §3, 1980: Ord. 78-13 §2, 1978). those areas indicated on the permit only. At no time will the reserving party block or inhibit in 10 A formal application must be made to the any way access to other pmts-areas of-or reservation Works Director or designee for the facilities��. No"roping off"of s ecific reservation of an entire ark for the exclusive use of a particular groin areas is allowed.. 9,04.040 Refund Of Fees And Change In Reservation. (8)(A)Additional costs incurred by the City (a)Any group seeking a credit or refund because because of abuse or excessive cleanup and/or of inability to use facilities as requested shall repair,as determined by the pEublic wWorks submit a written statement of credit or refund depaAmentDirector, or designee, shall be request,fe insI-J-:. In no case shall the charged to the reserving group creating the application fee be eligible for credit or refund. added cost. All sue" eyeessive eleanup and/or be doeupaented by the public works Phs, and filed with the (1)Name ef of r designee. address and > (2)Name,address and phene numbe (B)Tees for special equipment, circumstances, peFseneupernr-e . and/or personnel unknown or unreported at the time of application will be billed to the person in (3)The reason for-seeking the refund and the charge after the activity and upon computation affieunt..e, uest d; of the charge. (ClAn advance deposit may be required �g;��.� ll the applieation fee be at the time of application. Deposits ma be retained to cover additional costs and fees as (b)All credit or refund requests must be outline in 8(A)and(B)above. Deposits may be approved by the CityMaaagerPublic Works used to reimburse the Cijy for violations of Ci1y Director or designee. codes and policim.misuse of or damage to property.The amount of deposit retained shall (c)No credit or refunds shall be made to any be determined by the Park and Facilities individual or organization based on weather Manager. Any disagreement concerning th conditions. retention of deposit mpy be appealed.to the Public Works Director or designee in writing (d)Requests for credits or-refunds must be within 30 days of notice of retention. made two weeks prior to the reserved date. (9)(A)Use of Tigard eil -parks for profit (e)The City reserves the right to cancel any making activities by an individual or scheduled usage of a park facility at any time. 9-04-2 Code Update: 7/10 Every effort shall be made to find an acceptable alternative date or location. A full credit or refund including the application fee shall be issued when the City cancels a reservation. (04 . 83 55 §1(raA) 1 na3. Ord '7Q 13 §4 Q > , 19T7v7• 9.04.050 Repealed By Ord. 92-33. 9.04.060 Waiver Of Fees. The Tigan Public Works Director or designee shall hear appeals to waive fees. (Ord. 92-33 §1(Exh. A)(part), 1992: Ord. 86-27 §2, 1956).- 9-04-3 Code Update: 7/10