§ 9-2023. COMMERCIAL USE OF PARKS AND GREENWAYS RESTRICTED; PERMIT REQUIRED.

(a)

Definitions.

Amusement areas means the areas of Pullen Park and John Chavis Memorial Park containing carousels, paddle boats, trains, or other amusements.

Commercial use means any activity conducted for pecuniary or commercial gain including private lessons, classes, or group activities where the lesson, class, or activity has a fee or other monetary barrier to entry. " Commercial use " also includes any lesson, class, or commercial activities taking place on park system property that is associated with any trade, occupation, profession, business, or franchise. " Commercial use " does not include activities conducted on the City 's behalf or in conjunction with the City .

Designated areas means those portions of park system property designated by the Parks Director as appropriate for commercial use . Designated areas shall not include parks system property that is available for individual rental, such as picnic shelters and athletic fields.

Parks Director means the Director of the Parks, Recreation, and Cultural Resources Department.

Park system property means a City park, City park facility, or City greenway.

(b)

Permit, Rental or Booking Agreement Required for Commercial Use.

Commercial use of any park system property is unlawful without first obtaining a permit from the City authorizing the use or entering into a rental contract or booking agreement with the City authorizing use of a specific facility.

Events permitted under the City Council's Special Event Policy may use park system property only as specifically authorized in the special event permit. Permits for any other commercial use of park system property are issued by the Parks Director or the Director's designee.

(c)

Permit Standards; Fee.

(1)

The Parks Director may issue a permit authorizing commercial use of designated areas at specific times and dates stated in the permit if the Director determines that:

(a)

the use is a recreational program or recreation-related activity;

(b)

the use will not restrict or impede access for the general public to the area used commercially;

(c)

the use does not conflict with a recreational program offered by the City ;

(d)

the use will not pose a safety risk to persons or property;

(e)

the use will not create an undue burden on the park system property sought; and,

(f)

within the prior twelve (12) months, the applicant has complied with all requirements of a previous commercial use permit.

(2)

The Parks Director may impose reasonable conditions on any permit issued to protect the public, preserve park system property , and provide equitable use of public facilities. Conditions may include requirements for insurance, indemnity agreements, participant releases and waivers of liability, identification of responsible persons , reporting requirements, limits on the number of participants, limits on areas, days, or times of use, and any other condition or safeguard to lessen impacts that the commercial use may cause. The permit holder and all participants in the commercial use shall comply with all conditions on the permit and shall also comply with applicable Federal, State , and City laws.

(3)

The Parks Director may charge an annual fee of up to $25.00 for each permit application submitted. One application may seek commercial use at up to four designated areas .

(4)

A permit authorizes commercial use by the permit holder as described in the permit. Commercial use permits cannot be transferred to any other person .

(d)

Permit Scope.

A commercial use permit does not grant exclusive use of space. A permit provides the permit holder a license for the activity in the designated areas and is revocable at will. The permit holder and participants must share the designated areas with other users and cannot block public access.

Permit holders shall make certain that the commercial use does not damage park system property . Permit holders shall not store equipment or apparatus within park system property , or create a hazard to other users of park system properties .

(e)

Permit Duration; Suspending or Terminating Permits.

Commercial use permits expire at the end of each calendar year. Commercial use permits are also revocable at any time in the City's sole discretion.

The Parks Director or the Director's designee shall temporarily suspend a permit if the Director determines that City operations require it or if a conflicting special event will use the space.

The Parks Director or the Director's designee shall terminate a commercial use permit if the commercial use damages park system property , injures or damages property of other persons using park system property , if a permit holder violates any condition of a permit, or if the commercial use conflicts with a City program. The Parks Director or the Director's designee may terminate a permit holder's commercial use at a specific designated area if the permittee repeatedly fails to use that area.

A permit holder may appeal a decision to terminate a permit to the City Manager or the Manager's designee by filing a written notice with the City Manager within ten (10) calendar days after the decision is mailed to the permit holder.

(f)

Producing Permit Upon Request.

A permit holder shall ensure that the permit is present in the designated area during the commercial use . Upon request by any Raleigh Police Officer or any member of the Parks, Recreation, and Cultural Resources Department, a person engaged in commercial use of parks system property shall immediately produce the permit.

(g)

Commercial Use Prohibited at Certain Facilities.

The Parks Director shall not issue a permit under this section for commercial use of any City tennis court, City pool, or amusement areas . No person shall engage in commercial use at the City 's tennis courts, City pools, or amusement areas .

(h)

Violations.

A violation of this section is a misdemeanor and may also be enforced through injunctive or other equitable relief, or a combination of remedies.

( Ord. No. 2015-439, §1, 5-19-15, eff. 5-24-15 )