Whenever used in the chapter the following items shall be defined as herein indicated:
A. "Department" means the Wapato public works department, or any subdivision thereof.
B. "Director" means the public works director or his or her designee.
C. "Facilities" means any park, building, structure, roadway, equipment or area owned by the city and operated by the Wapato public works department, or any subdivision thereof. (Ord. 1250 §1E, 2011: Ord. 952 (part), 1993)
A person or persons may make application to reserve department facilities for specific uses and for specific periods of time. Reservations shall be made through the director or city hall, using the reservation application form to be provided by the city. The department reservation policies and procedures are:
A. All uses are subject to current department rules, regulations, policies and fee schedules.
B. All applications are on a first-come, first-served basis.
C. The department reserves the right to deny use of any park facility to any person, persons or group.
D. No reservation will be guaranteed or effective until an appropriate fee is received by the department, all required permits are secured and all additional department requirements have been satisfied.
E. Parties or persons being granted a reservation shall adhere to this chapter when using any department facilities. (Ord. 1250 §1G, 2011: Ord. 952 (part), 1993)
12.08.040 Reserved areas.
Any area or facility within the boundary of any park which has been reserved for any person or persons shall not be used by others during the period reserved. No equipment in the reserved area may be moved or removed from the area on the day of the reservation. (Ord. 1250 §1H, 2011: Ord. 952 (part), 1993)
All groups must leave the facility or area in a condition considered satisfactory to the director. No group shall conduct activities causing extra custodial work unless previous arrangements have been made to pay for such work and such activities are authorized in writing as approved by the director or the mayor. (Ord. 1250 §1J, 2011: Ord. 952 (part), 1993)
A person or persons using facilities by reservation shall protect and save the city, its elected and appointed officials and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the said persons and facility users within the group that has reserved the facility, on account of personal injuries, death or damage to property arising out of the premises, or in any way arising out of the acts or omissions of the said persons or users. Users of any and all Wapato city park facilities or areas do so at their own risk. The city of Wapato assumes no liability or responsibility due to accidents or injury through authorized or unauthorized use of department facilities. (Ord. 1250 §1K, 2011: Ord. 952 (part), 1993)
12.08.080 Liability insurance.
A person or persons using facilities by reservation may be required to obtain and maintain during all periods of use public liability insurance acceptable to the city and/or other insurance necessary to protect the public and the city on premises reserved. The liability coverage limits shall be determined by the mayor or director based on the type of use. The group shall provide a certificate of insurance or an insurance binder prior to use of the facilities to the director. Upon written request of the city, a duplicate of the policy shall be provided to the mayor as evidence of the insurance protection provided. This insurance shall not be canceled or reduced without prior written notice to the city. (Ord. 1250 §1L, 2011: Ord. 952 (part), 1993)
The city reserves all concession rights to all city-owned facilities, subject to the following policies:
A. Nonprofit groups and organizations may sell or arrange for a concessionaire to sell services, goods or food items to members of their group or organization using a park facility and to spectators at that facility and are exempt from this section; provided, that arrangements and notice to the department are given and the concessions are approved prior to the event.
B. Concessionaires will be required to complete the reservation application form.
C. Concessionaires other than nonprofit groups and organizations shall pay to the city ten percent of the gross revenue for goods, food items and/or services sold at the city-owned softball park or related parking areas. Concessionaires shall submit an accounting to the department within three days following the event along with the ten percent payment to the city clerk/treasurer.
D. The number of concessions necessary to accommodate the event may be limited, at the discretion of the director.
E. Concessionaires will be responsible for cleaning litter around their locations and providing for a city trash bin. (Ord. 1250 §1M, 2011: Ord. 952 (part), 1993)
12.08.120 Equipment regulations--Failure to perform.
The misuse of a facility or the failure to conform with these regulations will be sufficient reason for denying any future application for use of city facilities. (Ord. 1250 §1N, 2011: Ord. 952 (part), 1993)
12.08.170 Property and equipment.
No person shall remove any city or department owned property, material or equipment from any park or facility. (Ord. 1250 §1S, 2011: Ord. 952 (part), 1993)
No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans or other rubbish in a city park area or facility, except in a garbage can or other receptacle designated for such purposes. If there is no garbage can or other receptacle on site, all rubbish shall be carried out of the facility by its owner for disposal. (Ord. 1250 §1T, 2011: Ord. 952 (part), 1993)
No person shall solicit, sell or peddle any goods, wares, merchandise, liquids, or edibles for human consumption or post any signs or use any loudspeakers or other amplifying device in any city park area, except by approved concession or by permission by the mayor in writing prior to conducting any solicitation or business.
All persons approved to solicit by the mayor shall obtain prior to conducting any solicitation or business, a business license from the city. (Ord. 1250 §1V, 2011: Ord. 952 (part), 1993)
No person shall possess, discharge, set off, or cause to be discharged in or into any city park area or facility any firecrackers, torpedoes, rockets, fireworks, explosives, or substance harmful to the life or safety of persons or property, unless so authorized by the department. (Ord. 1250 §1W, 2011: Ord. 952 (part), 1993)
Except by permission of the department, no person shall possess a loaded firearm; nor shall any person possess or discharge across, in, or into any city park area a firearm, arrow, air or gas operated weapon, knife, throwing star or any other device capable of injuring or killing any person or animal, or damaging or destroying any public or private property.
This section shall not prohibit the discharge of firearms for ceremonial purposes. If discharge is for ceremonial purposes, notice shall be given to the Wapato police chief in writing at least twenty-four hours in advance of the ceremony. (Ord. 1250 §1X, 2011: Ord. 952 (part), 1993)
12.08.235 Alcoholic beverages at the community center.
Alcoholic beverages may be allowed at the community center under certain conditions, subject to Washington State Liquor Control Board rules, regulations, and approval. Approval from the city is needed in addition to the approval from the Washington State Liquor Control Board. Approval by the city for events with alcoholic beverages shall be given, in advance, by the mayor or his designee, and shall require additional security at the event, as well as may require providing the city with proof of insurance. (Ord. 1250 §2I, 2011)
A. Every person who violates any of the provisions of this chapter, other than Sections 12.08.210 and 12.08.220, shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than one thousand dollars and/or by imprisonment in the city jail for not more than ninety days. All or any portion of the penalties may be suspended on condition of restitution for damages, if any, at the discretion of the city prosecutor. In addition, every person failing to comply with any provision of this chapter shall be subject to immediate ejection from the city park area or facility. The mayor, public works director, department employees, and other law enforcement officers are authorized and directed to enforce the provisions of this chapter.