Loading...
HomeMy WebLinkAboutO-1818ORDINANCE NO. 1818 AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 1575 TO PROTECT THE PUBLIC HEAL TB, SAFETY AND WELFARE BY PROVIDING POLICY AND PROCEDURE FOR PARK USAGE WITHIN THE CITY OF FAIRHOPE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: POLICY AND PROCEDURE FOR PARK USAGE ORDINANCE It is expressly declared that the purpose of these regulations , policies and procedures is to provide a guideline for those people wishing to reserve outdoor facilitie s at Fairhope's bay front parks and bluffs and to establish a fee structure for such use to partially defray the cost of administering these services and the additional costs and expenses to maintain these parks . A user is responsible for adhering to and complying with all rules and regulations pertaining to the use of city parks. Any violation may result in additional fees. This policy is applicable to all public parks listed below: Fairhope Beach Pavilion (North Beach Road) Henry George Park (Bluff above fire hall) Park on South End of Pier (South Park) PERMITTED USE Only one event per day will be scheduled in each park. Organizations/Indi v iduals may only request a park rental two times per calendar year. Only the following uses and activitie s are permitted in City parks : 1. Performing Arts events , when sponsored by a non-profit organization for the benefit of the non-profit organization or the public . 2. Weddings , catered receptions , banquets , and memorial services. Receptions or banquets will only be allowed in the pavilion . 3. Festivals. A "festi val" shall be an event with the primary theme being subject of a national , ethnic , artistic , biographical or seasonal theme. Food may be offered in conjunction with a festival when sponsored by a non-profit organization or public agency in compliance with permits and regulations of the City of Fairhope revenue office and the Baldwin County Health Department. SUBLETTING The Renter shall not assign , sublease , underlet , part with the possession of or transfer the Premises or any part thereof or any interest therein or permit or suffer any arrangement or transaction whereby any person, entity or vendor who is not a party to this Rental Agreement obtains the use, possession, occupation or enjoyment of the Premises or any part thereof irrespective of whether any rental or other consideration is given therefor. The Rental Agreement created hereby shall be personal to the individual or entity named in this lease only. RESERVATIONS Reservations are on a first come , first served basis. All fees , Application, Cancellation Policy , and Indemnity/Hold Harmless Agre ement are required prior to booking. The dates reque sted cannot be guaranteed until all of these are recei ved. Once received , your reservation will be placed on the calendar and all necessary City Personnel will be notified. Ordinance No. 1818 Page -2- Final event details and/or special requests must be submitted in writing at least 8 weeks before the scheduled event. Details are to include all components of the event such as type of event , expected attendance , staging , tent usage, name of rental companies, entertainment, electricity needs, etc . (SEE ATTACHED RESERVATION FORM). All cancellations and/or date changes must be in writing and signed by the same person who signed the application and paid the rental fees and must be given to the City Personnel and/or his/her designee not less than 60 days prior to the event. Fee refunds will be made, by check, 20% handling charge. No fee refunds will be made for cancellations made within 60 day s of the event or due to inclement weather. PERMIT FEES The permit fee is $200.00 for residents (who live inside the City Limits) and $300.00 for non- residents for the first 4 hours and $100.00 for each additional hour . The permit fee must be paid in advance and is non-refundable . This includes set-up , event , and take-down. If a representative of the electrical department or water department is called out after hours or on the weekend , the user will be charged a fee for the service rate . All electrical/water needs should be taken care of with your City of Fairhope Site Coordinator prior to the event. Other fees may apply for personnel and damage to property. ALC OHOLIC BEVERAGES Alcoholic beverages are not permitted in public parks. INSURANCE REQUIREMENTS Any group or individual using a public park must sign an indemnity and hold harmless agreement and obtain a Special Event Insurance Policy naming the City of Fairhope as additional insured for any event open to the public or tickets/money/donations exchanged, and/or alcohol on the premises. A certificate of insurance evidencing the minimum requirements must be provided to and accepted by the City of Fairhope, not less than thirty days before the date of the reque sted event on the application . Commercial General Liability_Coverage on an Occurrence from with a combined single limit of (Bodily Injury and Property Damage) combined as follows : Each occurrence Personal and Advertising Injury Products/Completed Operation Aggregate General Aggregate Coverage to include : Premises and operations Personal injury and Advertising Injury Products/completed operations Independent Contractors Blanket Contractual Liability Broad Form Property Damage $1 ,000 ,000 $1,000,000 $2,000 ,000 $2 ,000 ,000 Ordinance No. 1818 Page -3- SECURITY FEES The City of Fairhope Police Chief and/or his/her designee will determine if Law Enforcement Personnel must be provided for each event. The fee and the number of required officers will be determined by the Chief of Police or by his/her designee . The fee will be based on the number of people expected to attend and traffic diversion required. Law Enforcement Personnel are responsible for ensuring all city policies are adhered to by the user , which includes monitoring sound levels , crowd control , preventing vehicular traffic in the parks, and any alcohol related issues. VEIDCULAR TRAFFIC Absolutely no vehicular traffic is permitted on the lawn or sidewalks of our parks. This includes unloading and reloading supplies . It is the responsibility of the event organizer and security to ensure this policy is followed through. Any damage to lawns or sidewalks may result in a fine to cover the cost of repairs . Vehicles loading or unloading cannot block any entry way or sidewalks. Foods Trucks are prohibited in park areas that are designated under this Ordinance. SOUND The City has a noise ordinance that prohibits excessive noise . We ask that you please be considerate at all times . The noise ordinance will be enforced by Law Enforcement Personnel and/or the City of Fairhope Police Department. Please refer to Ordinance No . 1401 and 1424 (or Sections 12-3 through 12-5.3 of the City of Fairhope Code of Ordinances) regarding additional questions about noise . SET-UP/CLEAN-UP (DEPOSIT REQUIRED) A refundable clean-up deposit of $500.00 is required for events. Deposits and all permit fees must be paid in advance. Set-up for events cannot begin before 7:00 a .m. Events involving entertainment or sound equipment must end by 9:00 p.m. Breakdown and clean-up must end by 10 :00 p.m . Clean-up must be done during the events as needed and litter picked up . All trash accumulated during the event must be placed in receptacles for City and/or contractor pick-up. Recycling is encouraged. Additional garbage and recycling containers may be requested prior to the event. All grease and charcoal must be disposed of properly. At the conclusion of the event, the area will be inspected by a representative of the City. If the user has not cleaned up the park and restored it to its original condition, the City will clean up the park and charge the user for the services. The clean-up deposit will be refunded less the charges for these City services as assessed by the appropriate City staff. TENTS/STAGING All tent and staging placement must be approved by City Personnel. Tent s must be sandbagged or secured with water barrels ; no stakes will be allowed due to underground utility lines. Inflatables are prohibited . Tents and other decorations and equipment must be placed on the day of the event and not before. They must be taken down immediately following the event. Ordinance No. 1818 Page -4- RESTROOMS Restroom facilities are not located in all of our parks . If portable toilets are to be used, please indicate this on your reservation form. Portable restroom facilities must be placed and removed within 24 hours of the event. Location will have to be coordinated with the City of Fairhope Personnel. SEVERABILITY The sections , paragraphs , sentences , clauses and phrases of this ordinance are severable , and if any phrase , clause , sentence , paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections , since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. All rentals and events shall not violate any Federal, State or Local law , including but not limited to the Code of Alabama , Section 13A-6-68 and Section BA-12-130 . EFFECTIVE DATE This ordinance shall take effect immediately upon its due adoption and publication as required by law . ADOPTED THIS THE 13TH DAY OF JANUARY , 2025 Attest: ADOPTED THIS THE 13TH D