HomeMy WebLinkAboutH08 Commercial Use of City Parks
CITY COUNCIL POLICY
SUBJECT: COMMERCIAL USE OF CITY PARKS NO.: H-8
PURPOSE:
To establish a permitting process for the commercial use of City
parks for personal fitness training, boot camps, and other outdo
compatible with recreational uses.
Permits will only be issued for activities that will not disrupts use
and enjoyment of the park.
Due to the limited number of parks available for the community,
established criteria for permitting commercial uses in order to
recreational uses of existing parks.
A permit policy and associated fee have been developed for commercial use of City
parks for scheduled activities in Mountain View parks. This pro
provisions that protect the publics use and provides health and fitness consultants, tai
chi leaders, martial arts instructors, and other professional se
access to Mountain View parks.
DEFINITIONS:
profit. Private gain shall mean a use for the principal purpose
pledged to be used for public or charitable purposes. Commercia
fundraising.
Parks shall mean a park, playground, open space, athletic field, cree
environmental preservation area, wildlife area, and/or trail und
or used by the City and devoted to active or passive recreation
preservation as defined in the City Code Section 38.1.
POLICY:
The Citys Community Services Department may permit commercial use of par
on the following process and consistent with Chapter 38 of the M
Code.
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CITY COUNCILPOLICY
SUBJECT: COMMERCIAL USE OF CITY PARKS NO.: H-8
Commercial use of City of Mountain View parks is not a special event within Council
Policy K-14 if the use complies with City Code Chapter 38 and this policy
1. Commercial Use Permit Application and Fees
a. Application
A complete Commercial Use Permit application must be submitted by,
including but not limited to, the instructor, teacher, activity
employing organization thereof to the Citys Community Services
Department to be eligible for a permit. Commercial Use Permit a
along with a City of Mountain View business license and proof of insurance,
as required by the City, must be submitted for each permit. Applications
must provide requested dates, times, and locations of use. Permit
applications must be submitted at least 14 days prior to the req start
date. Permits may be issued for a period not to exceed six months. All
applicants must be over 18 years of age.
b. Payment of Fees
All fees are due at time of application submittal. Fees shall be set and
approved by Council resolution. Permits will not be approved prior to
payment being received and processed.
2. Permit Review and Issuance
a. Permit Review
Upon submission, permit applications will be reviewed for comple
proposed activity compliance with the following regulations and restrictions:
Approved Commercial Use. Outdoor professional services, including, but
not limited to, fitness groups, yoga, tai chi, martial arts, and other outdoor
professional services providing a community benefit and approved
Community Services Director.
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CITY COUNCILPOLICY
SUBJECT: COMMERCIAL USE OF CITY PARKS NO.: H-8
Maximum Length of Permit. Permits may be approved for a duration of up
to six months.
Participant Size Limits. Under no circumstances shall a permit be approved
for any activity involving more than 50 participants within a park or for more
than 20 participants on any trail. Based on the number of participants, the
Community Services Department will evaluate each location reques
appropriate space allocation and may decline permit applications
alternate locations. Depending on the requested location, groups may be
limited in size to less than the above-mentioned maximum.
Excluded Areas. Any location specifically dedicated to a use or reserved for a
preexisting use that would reasonably conflict with the proposed commercial
use is excluded. For example, holding fitness classes in an are
childrens play area or in a permitted field used by youth sports
organizations would be prohibited. See Council Policy H-7 for the Citys
Athletic Field Use Policy.
b. Grounds for Issuance or Denial and Appeal Process
Permits shall be issued by the Community Services Director consistent
with Mountain View City Code Section 38.3 provided that the location is
not an excluded area, the number of participants are appropriate for the
requested location, activity is an allowed commercial use under
policy and the City Code, and applicant has not had a permit revked
within the last six months.
Applications may be denied, in writing, within 14 days of application
submission if these requirements are not met, unless the time for
granting or denying of the permit has been waived by the applica
writing.
If an applicant is denied, an applicant may appeal the decision pursuant
to Mountain View City Code Section 38.3.
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CITY COUNCILPOLICY
SUBJECT: COMMERCIAL USE OF CITY PARKS NO.: H-8
3. Commercial Use Regulations
All permittees shall comply with the following:
Permittee shall clean the park location at the end of every sess
under this permit.
Permittee shall not sell equipment or other items in the park.
Permittee is required to have the permit with them when conducting business
on City property.
and/or clients use of the park pursuant to the permit issued and shall advise
same of the applicable City Code, policy, and permit requirements.
The City has the right to inspect the permit at any time. Any City employee
or City contractor may request the permittee to present the permit as proof
thereof.
Permittee shall not use the park location if the area has been closed by the
City due to inclement weather or other reason. If it rains on t
reservation or the park is deemed too wet for use, the group may
for another day. To request another date due to rain, permittee must contact
the Community Services Department prior to scheduled use. Additional
permit date(s) shall be approved if space at the requested locat
and the location is appropriate for the group size.
Many of Mountain Views athletic fields are located on school property and
in residential neighborhoods. Activities must be conducted in a manner
respectful of the schools and neighbors by keeping noise levels
appropriate volume, following speed limits on residential streets, and
parking in appropriate or designated parking areas.
A preexisting use prevails. Permittee shall not interrupt exist
area by the general public and the public must always have acces
entrances. Blocking of public access is prohibited. If a permitted commercial
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CITY COUNCILPOLICY
SUBJECT: COMMERCIAL USE OF CITY PARKS NO.: H-8
use has already begun and is in process, the general public may
an ongoing permitted use.
Permittee may not bring equipment to parks that could damage the
trail, or pose a hazard to the general public. These items include, bu
limited to, the following:
Tractor tires, kettle bells, and other heavy equipment which may impact
or damage the park or trail.
Martial art weapons or targets of any kind (fighting sticks, boards,
bricks, etc.).
Public address systems, megaphones, or amplified music systems.
Cables or railroad ties.
Permittee shall not attach equipment to trees, handrails, or oth
4. Revocation
a. Revocation. Violations of this policy, the issued permit, or Mountain View
City Code Chapter 38 may result in the revocation of the permit, consistent
with Mountain View City Code Section 38.3. Three or more violations by any
permit holder shall result in permanent removal from the program. If a
permit is revoked, permittee shall not be issued a new permit pu
policy for a period of at least six months and no portion of the permit fee will
be refunded.
b. Appeal of Revocation. If a permit is revoked, a permittee may file a written
appeal consistent with Mountain View City Code Section 38.3.
Effective Date: April 1, 2014, Resolution No. 17845
RK/CV/7/CNLPOL
H08-231CP
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