HomeMy WebLinkAbout2009-01-06; Council Policy No. 28 - Facility Use Regulations3
CITY OF CARLSBAD Page 1 of 4
Policy No. 28 _
COUNCIL POLICY STATEMENT Date Issued t-L
Effective Date / -6-
Cancellation Date
Supersedes No.28 Dated 06/14/05
General Subject: Administration
Specific Subject: Park and Facility Use Regulations
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
A. PURPOSE
To establish a policy related to the public's use of all City of Carlsbad ("City") parks and
recreation facilities. Further, to delegate to the City Manager the authority to implement this
policy through administrative orders and regulations.
B. POLICY
There is a high demand for use of parks ("Parks") and recreation facilities (hereinafter
"Facility") for a wide variety of uses. In addition to existing policies and administrative orders,
this policy has been established to provide guidelines for the use of Parks and Facilities,
including the consumption of alcoholic beverages and amplified sound. The City Manager may
designate the Recreation Director ("Director") as the official responsible for the administration
of this policy.
C. APPLICATION PROCESS FOR PARK AND FACILITY USE
The Director shall develop a Park and Facility Use Permit ("Permit") application process for the
use of Parks and Facilities within the City of Carlsbad. Additionally, the Director shall establish
an appeal process for the denial of a Permit application or the revocation of a Permit that has
been issued. A pre-revocation review process shall not be required when a Permit is revoked
pursuant to Section D below.
D. EMERGENCY TERMINATION AUTHORITY
In an emergency or when facts justify immediate action to be taken, the City Manager, Police
Chief or their designees may summarily revoke an approved Permit without providing (i) an
opportunity to cure or (ii) prior notice for a violation of either the Facility Use Regulations or
Permit, or any federal, state or local law. In the event a Permit is summarily revoked, all
persons shall be required to leave the premises of the Park or Facility immediately, unless
otherwise directed by the City Manager, Police Chief or designee.
E. COMPLIANCE
1. Applicants must strictly adhere to all City ordinances, fire codes, policies and
administrative orders during their use of the Park or Facility.
CITY OF CARLSBAD Page 2 of 4
Policy No. 28 _
COUNCIL POLICY STATEMENT Date Issued f-6>~O1
Effective Date /-fc> -
Cancellation Date
Supersedes No.28 Dated 06/14/05
General Subject: Administration
Specific Subject: Park and Facility Use Regulations
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
2. Any suspected unlawful activity will be reported to the Police Department, City staff or
both the Police Department and City staff.
F. AMPLIFIED SOUND
1. Applicant or designated event contact ("Event Contact") shall control any amplified
sound system, including radios, so as not to disturb other groups, activities, or the
surrounding neighborhood.
2. Cancellation of the event may occur if the noise level is not controlled or the police are
required to respond. In the event that the police are called, the applicant or designated
Event Contact will be the person initially contacted and requested to lower the amplified
sound.
3. If the applicant or designated Event Contact is not present at the event when the police
arrive, the Police Chief or designee may elect to revoke the Permit and terminate the
event. If the police are dispatched a second time, the Police Chief or designee may
revoke the Permit and terminate the event immediately.
G. ALCOHOLIC BEVERAGES
1. Applicants seeking to sell alcoholic beverages must obtain "Daily On-Sale General
License" from the State Alcohol Beverage Control Board ("ABC").
2. Private security guard service will be arranged by the Recreation Department but paid
by the applicant. Guards will act as security forces and not as identification or age
checkers. Additional guards may be required.
3. Alcohol consumption is strictly limited to the event time and area defined on the
approved Permit and must comply with the terms of the ABC Daily On-Sale General
License.
4. Alcoholic beverages shall not be purchased or brought into the Park or Facility by
anyone other than the person responsible for the activity or a licensed caterer. Alcoholic
beverages are not to be consumed outside of the area designated in the Permit or the
permitted Park or Facility.
CITY OF CARLSBAD Page 3 of 4
Policy No. 28 _
COUNCIL POLICY STATEMENT Date Issued I- (? -O °(
Effective Date -
Cancellation Date
Supersedes No.28 Dated 06/14/05
General Subject: Administration
Specific Subject: Park and Facility Use Regulations
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
5. If minors are in possession of alcoholic beverages, or if any event participant(s) appear
to be under the influence of alcohol or controlled substance(s) or in possession of illegal
drugs, the Permit may be revoked and the event will be terminated immediately.
6. For the health, safety or welfare of the public, alcoholic beverage service may be
terminated at any time by City staff, security, or law enforcement.
7. Alcohol will not be allowed to be served or permitted at any celebration for a minor
under the age of 21.
8. The applicant shall provide evidence of commercial general liability insurance in a form
acceptable to the Risk Manager (and additional coverage(s) as appropriate for the
activities of the Park or Facility use), naming the City of Carlsbad as an additional
insured, and with a coverage amount to be determined by the Risk Manager according
to the size and risk factors of the event.
9. Commercial general liability insurance (GCL) including liquor liability coverage with a
minimum limit of $2 million per occurrence is required when an event includes alcohol.
The liquor liability coverage must be the same as the CGL, i.e., a lower sub-limit will not
be accepted.
10. A City Special Event Permit may be required (per Carlsbad Municipal Code 8.17) in
addition to the Permit.
H. CITY AND RECREATION DEPARTMENT ACCESS TO PARK OR FACILITY
1. The City Manager, Police Chief, Recreation Director or designee has the right to full
unrestricted access for all activities in order to ensure that all rules and regulations are
being observed.
2. The City Manager, Police Chief, Recreation Director or designee has the right to
terminate the event or activity for the safety and welfare of the citizens or City property.
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CITY OF CARLSBAD Page 4 of 4
Policy No. 28 _
COUNCIL POLICY STATEMENT Date Issued / -/.-£)?
Effective Date / - & -o ci
Cancellation Date
Supersedes No.28 Dated 06/14/05
General Subject: Administration
Specific Subject: Park and Facility Use Regulations
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
I. SUBLETTING OF PARKS AND FACILITIES
1. Parks and Facilities, including athletic fields, may not be sublet or rental time given to a
group other than the approved applicant without prior written authorization of the
Recreation Director or designee.