§ 22-33. Special events permits.

(a)

Any person, group or entity that wishes to use a park for a special event shall make application for and obtain a permit from the director and may be required to pay fees established by board policy and to reimburse the department for any required overtime pay to department employees. The director shall decide whether to grant or deny an application within fourteen (14) days unless, by written notice to the applicant, it extends the period an additional fourteen (14) days., If the director denies an application, the grounds for denial shall be clearly set forth in writing and, where feasible, must propose measures to cure defects in the application. When the basis for denial is prior receipt of a competing application for the same time and place, the director shall suggest alternative times or places. An unsuccessful applicant has seven (7) days to file a written appeal to the board, which shall act on the appeal in a quasi-judicial proceeding at its next scheduled regular meeting on or after seven (7) days from the date the appeal is filed. If the board concurs with the permit denial, the applicant may seek judicial review in state court by certiorari.

(b)

To the extent permitted by law, the director may deny an application for permit if the applicant or the person on whose behalf the application for permit was made has on prior occasions made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of prior permits issued to or on behalf of the applicant. The director may also deny an application for permit on any of the following grounds:

(1)

the application for permit (including any required attachments and submissions) is not fully completed and executed;

(2)

the applicant has not tendered the required application fee with the application or has not tendered the required user fee, indemnification agreement, insurance certificate, or security deposit within the times prescribed by the director;

(3)

the application for permit contains a material falsehood or misrepresentation;

(4)

the applicant is legally incompetent to contract or to sue and be sued;

(5)

the applicant or the person on whose behalf the application for permit was made has on prior occasions damaged park property and has not paid in full for such damage, or has other outstanding and unpaid debts to the county;

(6)

a fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular park or part hereof;

(7)

the use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the department and previously scheduled for the same time and place;

(8)

the proposed use or activity is prohibited by or inconsistent with the classifications and uses of the park or part thereof designated pursuant to this article;

(9)

the use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other users of the park, of department employees, or of the public;

(10)

the applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the department concerning the sale or offering for sale of any goods or services;

(11)

the use or activity intended by the applicant is prohibited by law, by this Code and ordinances of the county, or by the regulations of the department.

(Ord. No. 2006-01, § 33, 1-24-06)