Athens City Code

1. (1) Closed areas. Any section or part of a city park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise), and either entirely or merely to certain uses, as the director shall find reasonably necessary.
2. (2) Lost and found articles. The finding of lost articles by park employees shall be reported to the director, who shall make every reasonable effort to locate the owners. The director shall make every reasonable effort to find articles reported as lost.
3. (3) Permit. A permit shall be obtained from the director before participating in the following park activities: sale of merchandise or services by a permittee for a charitable purpose; special events.
   1. (a) Application. A person seeking issuance of a permit hereunder shall file an application with the appropriate director. The application shall state:
      1. (i) The name and address of the applicant;
      2. (ii) The name and address of the person, corporation or association sponsoring the activity, if any;
      3. (iii) The day and hours for which the permit is desired;
      4. (iv) The park or portion thereof for which such permit is desired;
      5. (v) An estimate of the anticipated attendance; and
      6. (vi) Any other information which the director shall find reasonably necessary to make a fair determination as to whether a permit should issue hereunder.
   2. (b) Standards for issuance. The director shall issue a permit hereunder when he finds:
      1. (i) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;
      2. (ii) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
      3. (iii) That the proposed activity or use is not unreasonably anticipated to incite violence, crime or disorderly conduct;
      4. (iv) That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the city; and
      5. (v) The facilities desired have not been reserved for other use at the day and hour required in the application.
   3. (c) Appeal. Within five working days after receipt of an application, the director shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within two days to the city manager, who shall consider the application under the standards set forth in subsection (c)(2) of this section and sustain or overrule the director's decision within 24 hours. The decision of the city manager shall be final.
   4. (d) Effect of permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in the permits.
   5. (e) Liability of permittee. The person to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person to whom such permit shall have been issued and shall provide certificate of insurance upon request.
   6. (f) Revocation. The director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.

(Code 1972, § 12-709; Code 1995, § 20-309)