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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER V. PERMITS

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER V.
PERMITS

ARTICLE 1.
GENERAL

Sec. B14-51.1. Priorities of use.

(a) All County parks within the County are held in trust for the use and enjoyment of the public. The primary use of park facilities is for activities of a recreational or community-service nature as determined by the Director. When not in use for public purposes, County parks and recreation facilities may be made available for the exclusive use of persons or groups, for a limited period, upon issuance of a reservation or permit and payment of designated fees, subject to rules and regulations contained herein and in park regulations. Such use of facilities shall be governed by the following order of priority:

(1) Department activities. Programs and activities sponsored or co-sponsored by the Department or the County shall have priority. Non-Department County agencies and departments should submit requests for use on agency/department letterhead signed by the agency or department administrator or director. Non-Department activities shall be subject to the fees, except for training or educational purposes.

(2) Public community activities. Included in this category are activities that are open to the public and are sponsored by Santa Clara County nonprofit organizations or public agencies other than County government agencies and departments.

(3) Private individual, organization and association activities. Included in this category are activities that are closed to the general public or are commercial or political in nature. These activities may be sponsored by the County, individuals, private or public organizations, or public agencies.

(4) Non-Santa Clara County individuals, organization and association activities. Included in this category are nonresident individuals or groups.

(b) Reservation and permits shall be issued by the Department in accordance with priorities, and within priorities on a first-come, first-served basis.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-51.2. Regulated activities.

(a) The following activities could interfere with and/or be potentially dangerous to others using the County parks. Therefore, these activities must take place in specifically designated areas. Also, a special use permit for the following activities is required.

(1) Any animal-pulled cart or wagon.

(2) Self-propelled (gas motor or other drive) model airplanes, boats or other model craft.

(3) Hang gliding, parachuting, parasailing or hot air ballooning.

(4) Hard ball baseball, lawn darts, archery and golf.

(5) Downhill mountain bicycle racing.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-51.3. Grant/denial of permit applications.

(a) The Director may grant, deny or limit any permit or reservation request after considering the suitability of the area or facility for the number of persons expected at such function, the legality of the use, the impact of the proposed use upon public property and natural resources, the effect of the proposed use upon the peaceful enjoyment of the park by members of the public attending and those not attending the event or activity, the effect of the proposed use upon the peace and convenience of members of the public using private or public property or the public streets in the vicinity of the area or facility, the public health and safety, any traffic or parking problems which may be caused by attendance at such activity or event, the equitable sharing of the use of such facility and the verity of the information shared by the applicant.

(b) The Director shall grant or deny each application for event permit or reservation within a reasonable amount of time after the date of County's receipt of a completed application. The decision granting or denying the application shall be mailed to the applicant at the address listed on the application. The applicant shall not consider the permit or reservation request to have been granted until fees owed to the County are paid and the permit is received.

(c) Any refusal by the Director to grant a permit or reservation request, or consent to the transfer of any permit or reservation for the use of a park facility, or the cancellation or suspension of any permit or reservation, may be appealed to the Deputy County Executive, or authorized representative, within five days after receipt of the Director's notice of such decision. The Deputy County Executive shall render a decision within ten calendar days of receipt of the appeal.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 22, 9-25-07)

Sec. B14-51.4. Conditions of approval.

(a) Upon granting any permit or reservation, the Director may attach reasonable conditions thereto respecting the time, place, manner, frequency, duration and maximum number of persons who may attend any meeting, assembly, activity or event to be held in any County park or park facility pursuant to said permit or reservation.

(b) The Director is specifically authorized to attach reasonable restrictions and conditions to permits for special events, including but not limited to restrictions on fire, amplified sound, consumption of alcoholic beverages, dancing, sports, the use or presence of animals, the use of equipment or vehicles, the number of persons to be present, the location of any bandstand or stage within a specific park area, or the creation of any sounds, smoke, light, smell or any other thing which appears likely to create an unreasonable risk of harm or substantial annoyance to any person using the park or to the public, or damage to any public or private property. Violation of any of the terms and conditions of any permit issued under this section by the permittee, or any invitee, agent, servant or employee of the permittee, shall be cause for immediate suspension or revocation of the permit by the Director, and forfeiture of all fees and deposits paid.

(c) The Director is specifically authorized to attach reasonable requirements and conditions to permits for special events in connection with any use permit or reservation, including but not limited to, requirements that the permittee provide adequate law enforcement or security, insurance and indemnification of the County, additional sanitary facilities and refuse receptacles, bond/security for post-event clean up, based on the type of activity for the special event.

(d) The Director shall refuse to grant a permit or reservation where conditions cannot be met or are not accepted. The applicant must agree to provide a means of informing all of the persons participating in the proposed activity of the terms and conditions of the use permit, if any.

(e) No permit or reservation for use of any facility in a County park shall be transferable without the expressed written consent of the Director. The permittee shall not assign or sublease any portion of the premises, or any rights under approved permit without prior approval of the Director. Any such assignment or sublease shall be void, and the County shall have the right to exclude any and all persons from the facility attempting to exercise any right or privilege under such assignment or sublease.

(f) Entrance to the reserved facility or area shall be allowed at the time specified in the approved reservation or permit, and users shall leave at the time specified. Additional time required for preparation or cleanup activities will be charged on an hourly basis and may be deducted from required deposits.

(g) All activities open to the public or charging admission and selling alcoholic beverages shall be required to provide proof of a State of California Department of Alcohol Beverage Control (ABC) permit. All caterers engaged in serving or sales of alcoholic beverages shall be required to provide a copy of their ABC permit for that activity. It is the responsibility of the permittee to obtain copies of the ABC permits and submit them with the application for a reservation or event permit. The County is not responsible for fees, fines or charges for ABC permits or requirements.

(h) Minors are not eligible to reserve a facility. Groups comprised predominately of participants under 18 years of age (minors) must be under the supervision of a person 21 years of age or older at a ratio of one such supervisor to ten minors.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 23, 9-25-07)

Sec. B14-51.5. Inspection of facilities.

The Director shall have the right to enter facilities at all times during periods covered by permits or other agreements for the purpose of inspecting or utilizing these facilities.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 2.
GROUP PICNIC RESERVATIONS

Sec. B14-52.1. Reservation application procedure.

(a) Each application for a reservation must be received at a designated office in the Department not less than 24 hours and not more than six months in advance of the date for which such permit or reservation is requested. All fees and deposits for reservations shall be paid and received within ten working days after the reservation is made. The Director may consider and waive applications received outside of minimum or maximum time requirements if such waiver is in the best interests of the citizens of the County.

(b) A tentative hold, not to exceed ten working days, may be placed on reservation of a site, to allow the applicant to complete the application procedure for a use permit.

(c) The Director may select and designate specific areas and facilities in any park which may be limited to special uses, at all times or at certain times, to be designated by the Director and for the use of which a permit in writing or a reservation shall be necessary.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 24, 9-25-07)

Sec. B14-52.2. Adjacent facilities.

Reservation of a specific facility or area does not include adjacent facilities. Adjacent facilities that are not reserved shall be available to the general public on a first-come, first-served basis. All park activities (i.e., events, picnic rentals, etc.) that bring in additional facilities (i.e., tents, booths, stages, etc.) must contain those facilities entirely within designated area unless otherwise specified on permit.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-52.3. Presentation of approval.

A copy of the approved reservation must be in the possession of the user for subsequent presentation to the park ranger during the event.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 25, 9-25-07)

Sec. B14-52.4. Flammable materials.

Flammable materials, fuels and hazardous materials will not be allowed in park buildings or facilities except in a camp stove or fireplace provided in areas designated for such purposes.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-52.5. Exchange of facilities or sites.

A reserved facility or site may, by mutual consent, be exchanged with another reserved facility or site within the same park unit, upon approval by the Director.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 3.
SPECIAL EVENT PERMITS

Sec. B14-53.1. General.

(a) In addition to compliance with all reservation ordinances and policies, event permits are subject to the additional conditions and Department event rules and regulations specific to the type of events that shall be posted with the Clerk of the Board of Supervisors.

(b) Failure to comply with all applicable conditions may result in termination of event and forfeiture of all fees paid.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-53.2. Contents of event permit application.

(a) It is the applicant's responsibility to complete an application.

(b) The applicant may also be required to provide: map of park areas/trails being requested; emergency, safety and security plans; information necessary to determine suitability of site for proposed activity.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-53.3. Event application procedure.

(a) Each application for an event permit must be received at a designated office in the Department not less than 30 days and not more than 12 months in advance of the date for which such permit or reservation is requested. All fees, deposits, special permits or certificates of insurance required by the Department shall be submitted at least 15 days prior to and not more than 12 months prior to the event.

(b) The Director may consider applications received outside of minimum or maximum time requirements if such event is in the best interests of the citizens of the County. Approved for events will be made on a first-come, first-served basis and approval is subject to site availability.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-53.4. Conditions of performances.

(a) Public address systems, electronic equipment, live amplified music, and loud sounds are subject to restrictions which relate to the specific facilities. Such restrictions shall be determined by the Director.

(b) The Director may grant no more than four hours' time, if facilities are available, for rehearsal and preparations. Charges may be assessed by the Department to cover lighting, heating, moving of equipment, and other actual expenses for rehearsal time. Rehearsals shall be restricted to the area used by performers. Those persons associated with performers shall be required to confine themselves to areas designated by the Department facility manager.

(c) Persons employed by the user of park facilities to work with stage sets, sceneries, rigging properties, lighting, sound equipment, or to perform other work of specialized or technical nature, including ushering and other duties, shall be experienced and competent and in every respect qualified to perform their duties without jeopardy or hazard to life, property or equipment. Permittee may be required to show proof of workman's compensation coverage for their employees.

(d) All television, radio and motion picture rights shall be contracted for only on conditions approved by the Director.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 4.
COMMERCIAL PERMITS

Sec. B14-54.1. Concessions.

(a) The County reserves the sole right to conduct and control, either directly or through separate agreement, all concessions whatsoever in and about Department buildings and park facilities, including but not limited to concessions for checking property, for sale of refreshments, for sale or rental of other merchandise or articles for distribution of programs, for taking photographs, for parking, and for other privileges.

(b) No concessionaire shall sell or offer for sale any intoxicating liquor in or about community buildings or park facilities without prior consent of the Director in a use permit. Alcoholic beverages dispensed or distributed without charge or included in the price of admission are not authorized unless approved by the Director in a use permit.

(c) Commercial use of park facilities is permitted by separate agreement, which will specify the percentage of income to be shared with the County.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-54.2. Vendors.

(a) Service type vendors/concessionaires (i.e., cosmo jump, astro jump, dunk tanks, etc.) who provide their services in conjunction with reserved park activity, shall be required to provide insurance and must comply with rules and regulations pertaining to such an activity.

(b) Service type vendors/concessionaires shall be required to purchase an annual permit.

(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 26, 9-25-07)

Sec. B14-54.3. Solicitation and leafleting.

No person shall engage in the business of soliciting, selling or peddling any liquids or edibles for human or animal consumption; or distribute circulars; or hawk, peddle or vend any goods, wares, merchandise or services of any kind without a permit as required by Chapter V, Article 4, commencing with Section B14-54.1. All applications for permits under this section shall be submitted to the Department on forms supplied by the Director.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-54.4. Commercial photography and filmmaking.

County park areas are not available for commercial filmmaking or photography without a use permit obtained from the Director.

(Ord. No. NS-702.89, § 2, 12-18-01)

ARTICLE 5.
ANNUAL PERMITS

Sec. B14-55.1. Specimen collection.

Specimen collection of plant material, insects and minerals is allowed for research and educational purposes only by special permit and subject to collection restrictions. Youth organizations and youth school groups pay no fee, but are still subject to all conditions of the permit.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-55.2. Metal detecting.

Metal detectors may be used in turf and non-turf areas of all County parks, except in historical and cultural sites as defined in the Department's policies and procedures. An annual permit is required for metal detecting.

(Ord. No. NS-702.89, § 2, 12-18-01)

Sec. B14-55.3. Special park facilities.

In order to best serve public recreational needs and/or interests, the Director has the authority to manage special park facilities through annual permits in accordance with annual permit policies. These facilities may include, but are not limited to: hang gliding areas, dog training facilities, Hellyer Park Velodrome, radio-controlled aircraft fields, archery ranges and quarter midget racetracks.

(Ord. No. NS-702.89, § 2, 12-18-01)