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ORD 79-19 ISSUANCE OF PERMITS FOR SALES & ADVERTISING IN PUBLIC PARKSORDINANCE NO. 79-19 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF PERMITS FOR SALES AND ADVERTISING IN PUBLIC PARKS; PERMITS FOR EXCLUSIVE USE OF PARK FACILITIES, PERMITS FOR CONSTRUCTION IN PUBLIC PARKS; AND AMENDING WINSLOW ORDINANCE NO. 77-9. The City Council of the City of Winslow DOES ORDAIN as fo].]ows: Section 8 of Winslow Ordinance No. 77-9 is hereby amende~ te read as follows: SECTION 8. Merchandising, Advert]sing and Signs. No person in a park shall: (J.) Vending and Peddling. Expose or offer for sale any artic].e or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, except on special written permit issued hereunder. (2) Advertising. Announce, advertise, or call the public attention in any way to any article or service for sale or hire, except on written permit issued hereunder. (3) Signs. Paste, glue, tack or otherwise post any sigD, placard, a~vertisement, or inscription other than by written permit under Section 8 (2) sbeve, nor shall any person erect or cause to be erected any sign whatever on any public ]ands or roads in or adjacent to a park other than by written permit under Section 8 (2) above. Section 9 (4] of Winslow Ordinance No. 77-9 is hereby amended to read as follows: (4) Permit. (a) Application. Use Permit. Any group or organization desiring to use park facilities for a specific purpose, which purpose will exc]ude the genera] public from the use thereof, shall obtain a Use Permit before engaging in such activity, which Use Permit shall be issued by the Director, or his 8esignee, on forms supplied by the Director, or his designee. - 1 - Sales and Advertising Permit. Any group or organization desiring to engage in any of the activities describe~ in Section 8 above, shall obtain a Sales and Advertising Permit before engaging ~n such activity, which Sales and Advertising Permit shall be issued by the Winslow City Council on forms supplied by the Director, or his designee. Park Construct]on Permit. Any group or organization desiring to construct or erect any building or structure pursuant to Section 3 (]) (d) of Ordinance No. 77-9 shall obtain a Park Construction Permit before engaging in such activity, which Park Construct]on Permit shall be issued by the Director, or his designee, on forms supplied by the Director, or his des]gnee. (b) Standards for Issuance. Use Permit. The Director, or his designee, shall issue a Use Permit hereunder when be finds: 1. That the proposed activity or use of the Park w]]] not unreasonably ~nterfere with or ~etract from the general public enjoyment of the park; 2. That the proposed activity and use wi]] not unreasonably interfere w~th or detract from the promotion of public health, we]fare, safety and recreation; 3. That the proposed activity or use is mot reasonably anticipated to incite violence, crime or disorderly conduct; 4. That the proposed activity w].]] not entai] unusual, extraordinary or burdensome expense of police operation by the city; (The city may require the applicant to bite private security personnel.) 5. That the facilities desired bare not been reserved for other use at the day and hour required in the application. Sales and Advertising Permit. The Winslow City Council. shall issue a Sales and Advertising Permit when ]t determines that: 1. The proposed sa]es and advertising, will enhance public or private enjoyment of the park facilities; - 2 - 2. The proposed sales, and advertising act~vities w]]] not unreasonably ]mterfere with or detract from the promotion of public health, we]fare, safety and recreation; 3. In those instances where proposed sales ipclude ~lcobo]ic beverages, the applicant has made a satisfactory showing that ]t has contacted the State Liquor Control Board and taken appropriate steps to secure that agemcy's approval of the proposed sales. Park Construct]on Permit. The Director, or his des]gnee, shall issue a Park Construct]on Permit hereunder when he finds: 1. That the proposed structure wi]] not unreasonably interfere with or detract from the general enjoyment of the park; 2. That the proposed structure will not unreasonably interfere with or detract from the promotion of public health, safety, we]fare and recreation; 3. The proposed structure is not reasonably anticipated to encourage violence, crime or disorderly conduct; 4. That the proposed structure will not add unreasonab].y to the expense of police operation by the city; 5. That the proposed structure will conform in design and structure to all applicable building code requirements and other requirements ~mposed by statute, ordinance or regulation. ~c) Conditions Applicable to Permit. The Director or his ~es]gnee, or the Winslow City CeUDC]], whoever shall issue the permits setforth in this section 9 (4), may place such conditions on receipt of the permit as are necessary to insure adherence to the standards setforth in paragraph 9 (4) (b) here~n. (d) Damage Deposit. At the time of the issuance of any of the Permits described in section 9 (4) herein, the recipient shall deposit with the City the sum of $25.00, which sum shall be refunded to the recipient at the expiration of the permit upon a showing by the permit recipient of the following: - 3 - 1. All conditions placed on the permit and all applicable park rules and regulations and all applicable ord]napces have been complied with; 2. The park has been returned to the condition in which it existed prior to the effective date of the permit including remova] of a]] temporary structures, litter, signs, advertising or other debris resulting from or associated with the activities engaged in pursuant to the permit. (e) Appeal. Use and Park Construction Permits. Within three days after the receipt of an application for a Use Permit or Park Construct]on Permit, the Director, or his des]gnee, shall apprise an app].icant im writing of his reasons for refusing a permit, and any aggrieved perscn shall have the right to appeal in writing within ]0 days to the City Council, which sha]3 consider the application under the standards setforth ~n subsection ~b~ hereof and sustain or overrule the Director's, or his des]gnee's, deCiSiOn within ]4 days. Sales and Advertising Permits. Within five days of ~ts receipt of the application for a Sales and Advertising Permit or at the next regularly scheduled counc]] meeting following the filing of such application, whichever is later, the City Council shall either grant or refuse the Sales and Advertising Permit. If it refuses the permit, it shall apprise the applicant in writing of its reasons for refusing the permit. The decision of the City Counc]~ shall be final unless any aggrieved party appeals the decision to the Kitsap County Superior Court within ]0 days of the date of the decis]on. (f) Effect of Permit. A permittee shall be bound by all park rules and regulst]ons and alJ applicable ordinances fully as though the same were inserted in said permits. (g) Liability of Permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or ~njury sustained by any person whatever by reason of the negligence of the person or persons te whom such permit shall have been issued. - 4 - (h) Revocation. The Director, or his shall have the authority to revoke all permits issued upon a finding of violation of any rule, condition, or ordinance, or upon good cause shown. (i} Compliance. All decisions of his designee, regarSing compliance by the permit with the conditions of the permit ann the this ordinance shall be final. ~esignee, hereunder regulation the Director, or recipient of any provisions of PASSED by the Council of tbe City of Winslow and by its Mayor this 20tb day of August, 1979. ALICE B. TAWRE~~ approved APPROVED AS TO FORM: OF MCKISSON, LEHNE AND ASSOCIATES CITY ATTORNEYS