§ 2-24-10. Operating policies.

(1)

Hours. Except in unique or emergencies situations, parks shall be open to the public during designated and conspicuously posted hours as determined by the director. Unless otherwise posted, hours of operation for all county parks shall be from sunup to sundown.

(2)

Closed areas. Any park or part thereof may be declared closed to the public by the director or other designated public official at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) as the director shall find reasonably necessary. Unauthorized persons who remain in a closed park, or part or section thereof, after closing may be prosecuted for trespassing.

(3)

Additional rules. The director may administratively adopt, amend or rescind rules or procedures regulating the use, operations or staffing of parks or facilities not inconsistent with this chapter if such rules or procedures are deemed by the director to be in the best interest of the public health, safety or welfare. Rules or procedures adopted pursuant to the authority granted in this subsection (3) as of the effective date of this subsection (3) shall supersede any prior rules adopted by resolution or otherwise. The county commission may, at its sole discretion, rescind any rule or procedure adopted by the director. If the commission elects to rescind any such rule or procedure, the director shall ensure the policy direction given by the commission is reflected in any subsequently issued rule or procedure on the same subject.

(4)

Exceptions. The director may waive enforcement or application of any of the regulations or restrictions contained herein, with respect to particular park areas or in connection with the issuance of permits for particular activities, upon determining that such action will not interfere with the public's health and safety or its full enjoyment of park areas and facilities.

(5)

Permit. A permit shall be obtained from the director before conducting any activity within a park for which a permit is required herein or in any other county policy. A permit must be obtained for all special events held on park property. The issuance of a permit under this chapter shall not excuse an applicant from the need to comply with any additional federal, state or municipal permitting or other regulatory requirements associated with the permitted activity. The following apply to the permitting process:

(a)

Application. A person seeking issuance of a permit hereunder shall file an application with the director on a form promulgated by the director for such purpose. Such form shall require such information as is deemed necessary by the director. An appropriate permit application fee may be established pursuant to section 2-24-12 of this chapter.

(b)

Standards for issuance. The director shall issue a permit hereunder within his/her discretion which shall not be based upon any considerations of the class of persons the applicant belongs to or his/her/its political views, nor otherwise be unreasonably withheld. Although a legal entity or organization may apply for a permit, the application shall be executed by a responsible natural person representing such entity or organization.

(c)

Capacity management. The director shall establish standards of use for each park property eligible for an event permit. Such standards shall at a minimum set maximum capacities for attendance and parking, and shall take into account the impacts of such events upon abutting neighborhoods and input from law enforcement agencies.

(d)

Security standards and requirements. The director shall assess each application for a special event permit and, based upon the time, duration, location, nature, and estimated size of the event, along with expected weather conditions, review by public safety personnel, and other relevant factors, may impose and require permit applicant to pay for a security plan which may include regulated access points, traffic management plans, and the on-site presence of private security, off-duty law enforcement, emergency medical personnel, or other persons necessary to ensure a safe event and the prevention of damage to park property or facilities.

(e)

Effect of permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances and laws and same shall be deemed to be conditions of said permits.

(f)

Liability of permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any other person or entity whatever by reason of the negligence of the person or persons to whom such permit is issued. The director may, in his or her discretion, condition the granting of a special events permit upon demonstration of adequate insurance naming Manatee County as additional insured where the nature and risk of the event in question warrant such requirement.

(g)

Revocation or declining to issue permit. A designee of the director so empowered shall have the authority to revoke a permit or to decline to issue future permits upon a finding of a violation of any law, ordinance or rule, a false application, failure to comply with capacity, security or use restrictions, or upon other good cause shown. The director shall have the authority to review an appeal of any revocation or subsequent denial action by the designee, and shall within thirty (30) days of the appeal, issue a decision. The director is authorized to develop procedures and forms to facilitate an appeal process.

(Ord. No. 07-60, § 3, 6-12-07; Ord. No. 08-48, § 6, 3-25-08)