§ 66-207. Permits.

(a)

Rules and regulations. The board may, from time to time, establish reasonable rules and regulations for the use of each facility on village property. Such rules and regulations shall be based on a due regard for the purpose for which the facility is established, the safety of those using the facility, of village employees and of the public, the safety and maintenance of village property, the need for and the availability of supervisory personnel, and the maximum number of people who can safely use the facility at one time. Subject to the foregoing, and except as hereinafter provided, all village facilities may be used by members of the general public, without permit, for recreational and athletic purposes consistent with the nature of the facility and the safety of the public and of village property.

(b)

Restriction on solicitation. Permits issued for commercial, charitable or religious solicitation from persons on village property shall not allow solicitation activity on sidewalks, streets or highways. Any person engaging in solicitation activity pursuant to a permit in close proximity to a highway or street must wear a high visibility vest.

(c)

Permit requirement. No person shall, without a permit:

(1)

Conduct a public assembly, parade, picnic, or other event involving more than 15 individuals or vehicles;

(2)

Circulate or distribute any leaflets, handbills, notices, pamphlets, books, documents, or papers of any kind in any indoor facility, fieldhouse, garden, zoological garden or other special facility;

(3)

Conduct any exhibit, music or dramatic performance, fair, circus, concert, play, radio, or television broadcast, other than a news transmission;

(4)

Exhibit or display any motion picture, television program or similar event;

(5)

Operate a vehicle, except upon a publicly dedicated street, alley, watercourse or other thoroughfare which may abut or traverse village property;

(6)

Create or emit any amplified sound, except from a radio, recorder or other device possessed and used by an individual for his own enjoyment and operated in such a manner so as not to interfere with the use and enjoyment by any other person;

(7)

Place, station or erect any building, stand, bandstand, stage, tower, scaffold, sound stage, platform, rostrum, hammock, swing, tent, shelter or other structure or camping equipment;

(8)

Station or use any electrical or electronic device or equipment that would require outdoor auxiliary power;

(9)

Sell, lease, advertise or offer for sale or lease any goods or services;

(10)

Display, post or distribute any placard, handbill, pamphlet, circular, book or other writing containing commercial advertising matter within the park system;

(11)

Bring, land or cause to ascend or descend or alight on village property, any airplane, helicopter, flying machine, balloon, parachute, model aircraft or other apparatus for aviation;

(12)

Conduct any sporting event;

(13)

Bring or ride onto village property any animal, except a dog accompanying a person entering or remaining on village property as follows: a dog accompanying a blind, hearing impaired or physically handicapped person or a person who is subject to epilepsy or other seizure disorders which dog serves as a guide, leader, seizure-alert, or seizure-response dog for such person or when a trainer of a guide, leader, seizure-alert, or seizure-response dog is accompanied by a guide, leader, seizure-alert, or seizure-response dog or a dog that is being trained to be a guide, leader, seizure-alert, or seizure-response dog;

(14)

Use village property for day camps, instructional classes or organized groups not sponsored by the village;

(15)

Create, light or make use of a fire, including fires in fireplaces, stoves and pits;

(16)

Sell, bring within, give away, deliver or consume alcoholic beverages on village property;

(17)

Operate a snowmobile or similar vehicle; or

(18)

Engage in commercial, charitable or religious solicitation from persons on village property;

(d)

Application for permits.

(1)

Filing written applications. Any person seeking the issuance of a permit shall apply for a permit by filing a written application for a permit on a form which shall be prescribed by the village administrator. Except as otherwise provided, any other ordinance, rule or regulation of the village with respect to the activity in question, applications for permits shall be filed with the village administrator at the village's administrative offices located at 3317 Chicago Road, P.O. Box 770, South Chicago Heights, Illinois 60412.

(2)

Application fee. For any activity described in subsection (c) of this section, no permit shall be granted unless the applicant shall have paid at the time for filing an application for a permit the required application fee in an amount in accordance with the schedule of fees set by the village administrator and approved by the corporate authorities.

(3)

Indemnification and reimbursement agreement. No application for a permit shall be granted unless the applicant shall have executed an agreement with the village, on a form to be prescribed by the village administrator, in which the applicant shall promise and covenant to bear all costs of policing, cleaning up and restoring the park upon conclusion of the event or activity; to reimburse the village for any such costs incurred by the village; and to indemnify the village and hold the village harmless from any liability to any person resulting from any damage or injury occurring in connection with the permitted event proximately caused by the action of the permittee, the sponsoring organization, its officers, employees or agents or any person under their control insofar as permitted by law.

(4)

Security deposit. For any activity described in subsection (c) of this section, no application for a permit shall be granted unless the same shall be accompanied by the deposit of a sum of money equal to the estimated cost of policing, cleaning up and restoring the park upon conclusion of the use or activity, as set by the schedule of fees set by the village administrator and approved by the corporate authorities. Promptly after the conclusion of a permit activity, the village shall inspect the premises and equipment used by the permittee. If it is determined by such inspection that the permitted event proximately caused damage to village property in excess of normal wear and tear and which requires repairs in excess of routine maintenance or determined that fines should be assessed against the permittee pursuant to subsection (g) of this section, the village shall retain the security deposit or any portion therefor necessary to pay for the cost of repair or any fines assessed against the permittee. The village administrator or designee shall give written notice of the assessment of damages or fine and retention of the security deposit to the permitted by personal delivery or by deposit in the United States mail, with proper postage prepaid to the name and address set forth in the application for permit.

(5)

Fees for use of park facilities. No application for a permit shall be granted unless the same shall be accompanied by a fee as provided in the uniform schedule of fees set by the village administrator and approved by the corporate authorities. As permitted by law, fees charged nonresidents of the village need not be the same as fees charged residents of the village.

(6)

Insurance.

a.

The applicant, if so required by the village, shall procure and maintain at all times during its use of village property insurance in such amounts and with such coverage as shall reasonably be required by the village and shall name the village as an additional insured thereunder. The amounts and type of insurance required shall be determined by the village administrator based upon the nature of the activity and the risk involved. The village administrator shall prepare a uniform schedule of insurance guidelines for particular types of activities. The applicant shall provide the village with a certificate from its insurer evidencing such coverage prior to the applicant's use of village property. The certificate shall also provide that the insurer shall give the village reasonable advance notice of the insurer's intent to cancel the insurance coverage provided.

b.

No application for a permit for any public assembly involving more than 50 individuals shall be granted unless it is accompanied by proof that the applicant shall insure the village against liability for personal injury or property damage arising from or in connection with the use or activity, or, in the alternative, unless the application for a permit is accompanied by payment of a premium pursuant to a schedule which shall be determined by regulation of the village administrator taking into consideration the expected attendance at the use or activity, the nature of the use or activity, and the place of the use or activity, for participation in an insurance reserve program which shall be established and maintained by the village for the insurance of the village against liability for personal injury or property damage as aforesaid.

(e)

Processing of applications for permits.

(1)

Order. Except for community recreation centers, applications for permits shall be processed in order of receipt; and the use of a particular park or part thereof shall be allocated preference in order of receipt of fully executed applications. The use of the community recreation center shall be scheduled giving preference in the following order to the following activities and groups regardless to the order of receipt of fully executed applications:

a.

Village sponsored and supervised programs and activities;

b.

Village sponsored organization programs and activities;

c.

Approved affiliate organizations and programs;

d.

Village approved activities sponsored by residents of the village;

e.

Village approved activities sponsored by nonresidents of the village.

(2)

Preliminary approval. Applications for permits for activities or events which require insurance, approval or permits from other governmental entities, or compliance with other terms or conditions, will be reviewed and, if the application otherwise conforms to all other requirements, a preliminary approval will be issued. If, within 14 days of the issuance of the preliminary approval, an insurance certificate evidencing the requisite insurance is not filed with the village administrator, or the approval or permit of other governmental entities has not been received, or the other terms and conditions have not been met, the preliminary approval will expire, the application for a permit will be deemed denied and no written notice of denial will be required provided, however, for events or activities which involve the use of special facilities, or activities described in subsections (c)(3)—(5), (c)(7) and (c)(8) of this section, all terms and conditions for issuance of the permit, including securing insurance, must be completed at least 30 days prior to the event.

(3)

Written denials. Except for applications for permits for which preliminary approvals have been issued, applications for permits shall be deemed approved subject to insurance requirements as provided subsection (d)(6) of this section, if no written denial is issued within 14 days of the date on which the application is fully completed, executed and filed with the appropriate officer or employee, as designated by the village administrator provided however, the village may extend the period of review for an additional 14 days by issuance of a written notice of extension. If, prior to the expiration of the extended review period, no written denial is issued, the application for a permit shall be deemed approved.

(4)

Notice of extended review or denial or issuance of a permit.

a.

Written notice of denial or notice of extension shall be served on the applicant by personal delivery, or by deposit in United States mail, with proper postage prepaid, to the name and address set forth on the application for a permit;

b.

Notice to the public of denial or issuance of a permit shall be posted in the fieldhouse or facility the notice of denial or issuance of the permit.

(5)

Contents of notice; grounds for denial. Notice of denial of an application for a permit shall clearly set forth the grounds upon which the permit was denied and, where feasible, shall contain a proposal by the village for measures by which the applicant may cure any defects in the application for a permit or otherwise procure a permit. Where an application or permit has been denied because a fully executed prior application for the same time and place has been received, and a permit has been or will be granted to the prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular area, the village shall propose an alternate place, if available for the same time, or an alternate time, if available for the same place. The village may deny an application for a permit on any of the following grounds:

a.

The application for a permit is not fully completed and executed;

b.

The applicant has not timely tendered the application fee, user fee, indemnification agreement, or security deposit;

c.

The application for a permit contains a material falsehood or misrepresentation;

d.

The applicant is legally incompetent to contract or to sue and be sued;

e.

The applicant or the person on whose behalf the application for a permit was made has, on prior occasions, damaged village property and has not paid in full for such damage, or has other outstanding and unpaid debts to the village;

f.

A fully executed prior application for a permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular park or part thereof;

g.

The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the village and previously scheduled for the same time and place;

h.

The proposed use or activity is prohibited by or inconsistent with the recognized and accepted use of the park or part thereof;

i.

The use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other users of the park, of village employees or of the public,

j.

The applicant has not complied or cannot comply with applicable licensure requirements, ordinance, or regulations of the village concerning the sale or offering for sale of any goods or services;

k.

The use or activity intended by the applicant is prohibited by law, by this Code or by ordinance of the village;

l.

The applicant has not secured the requisite insurance; or

m.

The applicant or the person on whose behalf the application for a permit was made has, on prior occasions, made material misrepresentations regarding the nature or scope of the event or activity previously permitted or has violated the terms of prior permits issued to the applicant.

(6)

Amendment or revision of application. Any amendment or revision of an application or permit shall, for purposes of determining the priority of the application for a permit, relate back to the original filing thereof, but the time in which the village shall grant or deny the application for a permit and serve notice of such granting or denial shall be computed from the date of the amendment or revision.

(f)

Procedures for review; waivers.

(1)

Review.

a.

Any applicant who is denied a permit or a permittee who is assessed damages or a fine pursuant to this article may, within seven days of the service of notice of such determination, file a written appeal from such determination with the village administrator;

b.

The village administrator shall have seven days from the date on which the appeal was filed in which to serve upon the applicant a notice that he has affirmed, modified or reversed the denial;

c.

Such notice shall be deemed served upon the applicant or permittee when it is personally delivered or when it is sent by United States mail, with proper postage prepaid, to the name and address set forth on the application for a permit;

d.

If such notice is not served upon the applicant or permittee within seven days of the date upon which the appeal was filed, then the denial shall be deemed reversed.

(2)

Form of appeals. Any appeals filed pursuant to this article shall state succinctly the grounds upon which it is asserted that the denial should be modified or reversed and shall be accompanied by copies of the application for a permit, the written notice of the determination of the supervisor and/or the village administrator and any other papers material to the determination.

(3)

Waiver of requirements. Any requirements for or limitation upon a permit or the requirement of a permit may be waived by the village administrator if the activity is protected by the First Amendment of the United States Constitution or the condition would be so financially burdensome that it would preclude the applicant from using village property for the proposed activity. Fees for equipment and services may not be waived pursuant to this subsection. Application for a waiver shall be made on a form prescribed by the village administrator.

(g)

Fines. The violation by a permittee of the terms of his permit or the laws and regulations of the village shall subject the permittee to a penalty as set forth in section 1-8. Each day that a violation continues shall be deemed a separate violation. Such fines may be assessed against any security deposit held by the village on behalf of the permittee, pursuant to subsection (d)(4) of this section, or may be assessed a fine for monies in excess of any security deposit held by the village. The village administrator shall give the permittee prompt written notice of any fines to be assessed in excess of the security deposit. Such notice shall be served on the permittee by personal delivery, or by deposit in the United States mail, with proper postage prepaid to the name and address set forth on the application for a permit.

(Ord. No. 2001-19, § 1(D), 6-6-2001)