§ 78-82. Permits.

(a)

A permit is required when one or more of the following conditions apply:

(1)

The applicant desires exclusive use of all of or a portion of a park, recreational facility or department managed lands.

(2)

The proposed activity includes organized athletics.

(3)

The proposed activity is open to the public with an anticipated attendance of 50 or more (section 78-105).

(4)

The proposed activity includes the possession or consumption of alcoholic beverages. The applicant has provided a plan and payment for security where required below.

(5)

The applicant desires to take off in or land any aircraft, glider or parachute (section 78-106).

(6)

The applicant desires to post signs (section 78-108).

(7)

The proposed activity includes amplified music (section 78-110).

(8)

The applicant desires to ride horseback after dark and/or before daylight (section 78-113).

(9)

The applicant desires to carry, fire or discharge any weapon or fireworks.

(b)

The department shall issue a permit when all of the following conditions are met:

(1)

The desired park (or requested portion thereof), recreational facility, or department managed lands has not been reserved for other use at the time requested.

(2)

The applicant has provided current photo identification and has completed an application for use permit.

(3)

The applicant has provided fees as established by resolution of the board of county commissioners for the activity.

(4)

The applicant is in full compliance with all laws, ordinances, rules and regulations, permitting and licensing requirements.

(5)

The applicant has provided current proof of public and/or liquor liability insurance as required by the board of county commissioners.

(6)

The applicant has provided a plan and payment for security as required in subsection (c).

(7)

The proposed activity or activities will occur in an area designated for such activity or activities.

(8)

The applicant has agreed to indemnify and hold the county harmless as established by resolution by the board of county commissioners.

(9)

If the proposed activity includes commercial activity and/or is open to the public; as defined in section 78-76 and the applicant is a nonprofit or a not-for-profit organization, then the applicant must show proof of the applicant or applicant's organization's a nonprofit or a not-for-profit status.

(c)

Security.

(1)

The applicant shall provide and pay for a security plan for the proposed event if such event involves commercial activity and is open to the public. Such plan shall provide for at least one security personnel, under contract with the permit applicant, on duty at all times for the initial 201 attendees and thereafter one additional security personnel for every 500 additional persons attending the proposed event, with no security personnel working more than one eight-hour shift in any 24-hour period. As an alternative to providing a security plan, the applicant may pay the cost for providing security, in accordance with the above stated guidelines, under any interlocal agreement that the county may have with any law enforcement agency.

(2)

Security personnel shall include certified law enforcement officers or any bona fide private security company licensed to do business in the state.

(3)

Where the proposed activity is to be conducted for the sole purpose of public issue speech and does not involve any commercial activity, the applicant shall not be required to pay the expenses associated with security, unless the same event has experienced two or more security violations at a single event, during the two calendar years immediately preceding the application in the county or any other jurisdiction.

(d)

All permits shall be signed by the department director or designee.

(e)

If any proposed recreational or commercial activity may constitute a hazard as determined by department director or designee to any person or property, the department, as a condition of the issuance of a permit, shall require public liability insurance in an amount sufficient to protect such person or property. The amount and requirements of such insurance shall be established pursuant to a resolution adopted by the board of county commissioners. Such activities include, but are not limited to, the use or placement of entertainment equipment; athletic or sporting events involving physical contact; events that are expected to draw over 200 people which include amplified music; commercial activity; and any event which is open to the public and involves the possession or consumption of alcoholic beverages, the sale of food items and/or beverages, or any commercial activity as defined in this chapter.

(f)

The department shall notify the applicant within five days, excluding weekends and holidays, whether the permit request is granted or denied, and if the permit is denied, the reason for such denial.

(g)

The department director or designee shall have the authority to revoke a permit upon finding a violation of any rule or regulation, or a material misrepresentation.

(h)

The applicant may appeal the refusal or revocation of a permit to the county manager within five days after notification of such refusal by filing a written notice. However, the denial of a permit may not be appealed if the basis for denial was:

(1)

That the park, recreation facility, or department managed land was previously reserved; or

(2)

Due to a prior material misrepresentation of the applicant.

If the department decision is upheld, the appeal may be referred to the board of county commissioners. The board of county commissioners may consider the appeal at a regularly scheduled meeting. If the board does not meet within 30 days, the board shall direct the department to issue the permit unless the department demonstrates that the herein permit requirements have not been met. In the event the board affirms the denial of the permit the applicant may immediately request review by a court of competent jurisdiction subject to the rules and laws governing application to such court.

(Ord. No. 96-31, § 7, 7-2-96; Ord. No. 08-12, § 12, 4-22-08; Ord. No. 2010-08, § 1, 3-23-10; Ord. No. 16-20, § 2, 10-4-16)