§ 14.1.23. Special Reservations for Professional and Semi-professional Sports Teams

(A)

PARD's mission is to provide, protect, and preserve a park and facilities system that promotes recreational, cultural, and outdoor experiences for the Austin community. PARD recognizes that sports programs contribute to the overall health, recreation, and physical activities of Austin's residents.

(B)

PARD may allow a professional or semi-professional sports team that is based in Austin and uses the word "Austin" in the team's name to reserve a facility for practice. A professional or semi-professional sports team is a team that regularly plays teams from other cities on a set schedule in games for which admission is charged to spectators; pays or reimburses some or all of its players and staff; and has a team name and logo protected under intellectual property law.

(C)

PARD may require a team to conduct free clinics for City residents as a condition of a permit.

(D)

Except as expressly provided in this provision (Special Reservations for Professional and Semi-professional Sports Teams), a permit issued under this provision is subject to all of the conditions, procedures, and limitations prescribed by the provision entitled Park Use for Temporary Amenities, including, without limitation, the requirements as to application, indemnity, compliance with laws, limits on use, and revocation.

(E)

A permit is merely permission to engage in an activity on parkland. It is entirely permissive. A permit does not create a contract or a property right. A permit does not create any enforceable expectation. A permit does not create a forum for commercial speech. Except as expressly provided in a permit, the permittee has no expectation of special access or protection. PARD staff will offer security to the permittee only in terms of that which is necessary to secure the park and in the event of an emergency.

(F)

A permittee must submit to PARD a copy of the permittee's insurance policy, in a form acceptable to City Risk Management, naming the City of Austin as an additionally insured. While a permit is in effect, the permittee must carry liability and property damage insurance ($25,000 property damage; $1,000,000 public liability coverage) insuring the City of Austin against any claim whatsoever resulting from permittee's use of a reserved City facility or other use of City land. Insurance policy information must be updated with the City of Austin at least 30 days before the policy's expiration.

(G)

A permittee may not advertise, except that team members may wear team uniforms, and the team name and logo may be used on signs indicating that a facility is reserved under the permit or directing a park patron to a free clinic. A team may not sell merchandise, operate a concession, or permit merchandise to be sold or a concession to be operated.

(H)

A permitted use may not infringe on the availability of a facility for public use outside scheduled hours stated in the permit.

(I)

A permit may not allow any changes or improvements to be made by a permittee to a City facility.

(J)

A permittee must obtain PARD Public Information Office approval before scheduling media events involving PARD staff or facilities.

(K)

Except as expressly provided in a permit, a permittee may not create materials using any City intellectual property, including the City or PARD seal, without first obtaining written permission from the PARD Public Information Office. A permit may provide permission for the use of City intellectual property under conditions designated by the director.

(L)

Subject to the following limitations, the City may provide, and a permittee may use, facility lighting, water and wastewater:

(1)

The City is responsible for lighting maintenance. All requests for maintenance must be submitted to PARD in writing on a form designated by PARD. PARD is not responsible for providing maintenance on a particular schedule. Maintenance and scheduling is at the sole discretion of PARD.

(2)

A permittee is responsible for controlling light use. The City will charge a permittee $25 per hour up to $250 per incident if lights are left on overnight.

(3)

Abuse of utilities will result in permit revocation.

Source: Rule No. R0161-14.25, 11-19-14 .