Austin |
Building Criteria Manual |
Section 14. PARKS AND RECREATION DEPARTMENT (PARD) |
Appendix 14.1.0. PARK USE RULES |
§ 14.1.24. Park Use for Temporary Amenities
(A)
This provision applies to a person, other than the City, who provides a temporary amenity to the general public on park property.
(B)
The director finds that:
(1)
PARD has been approached by persons wishing to provide amenities to the public on parkland for an extended time;
(2)
§8-1-12 of the City Code authorizes the director to permit the temporary use of a recreation area, but does not directly anticipate this use; and
(3)
accordingly there is a need for a process to permit this kind of use.
(C)
This provision defines conditions for the use of the park system by a person other than the City to provide temporary amenities for use by the general public. The provision is intended to:
(1)
carry out the intent of §8-1-12 of the City Code;
(2)
inform prospective users of the City's expectations with respect to park use and activities;
(3)
protect the public health and safety;
(4)
discourage unnecessary and inappropriate use of the park system;
(5)
prevent damage to the park system and its facilities, and
(6)
allow for the fair and uniform administration of park use.
(D)
Words and phrases.
(1)
"Amenity" means a service located on parkland to be provided without charge to the general public and intended for use by all park users, including without limitation, a watering station. The service intended to be provided for an extended time, and is not connected to a specific event or recreational use by the person providing the service.
(2)
"Use area" means the location at which a permittee may provide an amenity under a permit, and the immediately adjacent area.
(3)
"Watering station" means a place where drinking water is provided to the public for consumption by humans.
(E)
Permit Required.
(1)
A person wishing to provide a temporary amenity to the public must obtain a permit.
(2)
A person who wishes to obtain a permit must apply to the director. The director may prescribe one or more forms for this purpose. On review of an application, the director may, at the director's discretion, require additional information from an applicant. The application must conspicuously state the indemnity agreement in favor of the City required by this provision and must be signed by a person authorized to bind the applicant to the indemnity agreement.
(3)
In deciding whether a permit should be granted, the director may consider the following factors:
(a)
whether the applicant has submitted an accurate and complete permit application;
(b)
whether the applicant has demonstrated that the requested use compliments park amenities, serves a park purpose, and provides a benefit to the general public;
(c)
whether the applicant has demonstrated feasible means and methods for accomplishing the requested use;
(d)
whether the requested use will duplicate existing services offered in surrounding areas of the park system;
(e)
whether the requested location is within an area subject to PARD maintenance and operation and is suitable for the requested use;
(f)
whether the applicant has a history of non-compliance with park rules or permit terms and conditions.
(F)
No right; no waiver; no assignment.
(1)
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.
(2)
A permit is not a waiver, exception, or defense to a violation of any applicable law or of a rule or guideline established by PARD or the director.
(3)
A permit may not be assigned to a person or entity other than the permittee.
(G)
No advertising. A permittee may not advertise, market, or engage in any solicitation activities on parkland. A permittee may identify the permittee's property in an inconspicuous manner.
(H)
Limits on use.
(1)
In a permit:
(a)
the director may prescribe terms and conditions on the temporary use of parkland in addition to those prescribed in this provision; and
(b)
the director shall prescribe the days and hours of a permitted use, which must be subject to change at the discretion of the director.
(2)
At a minimum a permittee must:
(a)
indemnify the City, and its officers, employees and elected officials, from any and all liability, loss or damages the City may suffer as a result of claims, demands, suits, causes of action, costs, or judgments including attorney or other professional fees against it arising out of the permittee's actions under a permit;
(b)
temporarily relocate, or suspend, the permittee's activities on written notification by PARD, if the director finds that the relocation or suspension is in the interest of the park system or is necessary for another activity or use;
(c)
comply with all applicable laws and park rules, including, without limitation, this provision and all federal, state, and local health, safety, and environmental laws, during the period of use;
(d)
not create any actionable nuisance;
(e)
take all reasonable precautions to eliminate any nuisances or hazards relating to the permittee's activities on or about the use area;
(f)
properly maintain the use area, cause no damage to the use area, and return the use area to its original condition;
(g)
regularly monitor litter and ensure all trash is contained in trash receptacles on a daily basis;
(h)
provide PARD with an emergency response contact person available 24 hours, seven days a week to respond to emergencies;
(i)
inform PARD of any injuries or serious problems related to the permittee's activities as soon as possible, and in no event later than 24 hours after the occurrence;
(j)
notify the director when the permittee ceases the permitted use.
(I)
Watering Stations and Amenities Providing Food and Beverages.
(1)
This sub-part applies to a person who provides an amenity subject to Austin City Code Chapter 10-3 (Food and Food Handlers) and Texas Food Establishment Rules (25 TAC Chapter 229) on park property.
(2)
A permittee may not provide an amenity subject to this provision without all applicable permits, licenses, and insurance.
(3)
The number of water dispensers at each permitted location shall be determined by the director on the director's approval of a permit application.
(4)
The permittee may not provide to the public any Styrofoam containers, containers of a similar nature, or non-recyclable containers.
(5)
This sub-part is cumulative of the rest of this provision (Park Use for Temporary Amenities).
(J)
Permit Revocation.
(1)
PARD may revoke a permit if a permittee fails to properly fulfill the permittee's obligations under a permit.
(2)
If the director determines that a violation creates a threat to public health and safety, the permittee must cease the permittee's activities immediately on receiving written or oral notice from PARD, and may not resume activities until the director finds that the threat to public health and safety no longer exists, and provides written permission to the permittee to resume activities.
(3)
Except as otherwise provided, before revoking a permit, PARD shall notify the permittee in writing of the permit violation. The permittee shall have 10 calendar days from date of the notice to cure the violation. The director may, in writing, for cause, and in the director's sole discretion, grant an extension of the cure period.
(4)
If the permittee has not cured a violation as specified in the written notice within the time provided, the permit is revoked without the need for further notice, and the permittee must cease the permitted activities.
(5)
A permittee whose permit has been revoked may apply for new permit. However, an applicant's previous non-compliance with a permit may be considered by the director in reviewing an application.
Source: Rule No. R0161-14.25, 11-19-14 .