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HomeMy WebLinkAboutOrdinance 5285 f ORDINANCE NO. 5285 AN ORDINANCE AMENDING TITLE IX : GENERAL REGULATIONS OF THE CODE OF THE CITY OF FAYETTEVILLE, TO AMEND SECTIONS OF CHAPTER 97: PARKS AND RECREATION IN ORDER TO PERMIT SPECIAL EVENTS AT LAKE FAYETTEVILLE THAT INCLUDE A SWIMMING COMPONENT. WHEREAS, the City of Fayetteville periodically receives requests from citizens to allow swimming at Lake Fayetteville for special events such as a triathlon; and WHEREAS, the City of Fayetteville has the equipment necessary to regularly test the water quality of Lake Fayetteville; and WHEREAS, the City of Fayetteville has developed a protocol for the weekly testing of Lake Fayetteville for bacterial contamination and pollution; and WHEREAS, the City of Fayetteville has developed a policy and protocol for allowing special events at Lake Fayetteville that include a swimming component, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends Title IX: General Regulations of the Code of the City of Fayetteville Chapter 97: Parks and Recreation §97.065(A) by adding the following sentence to the end of the existing paragraph: §97.065(A) "Groups wishing to have a special event at Lake Fayetteville that includes swimming shall obtain a special use permit from the City Parks and Recreations staff, see section 97:071 ." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends Title IX: General Regulations of the Code of the City of Fayetteville Chapter 97: Parks and Recreation §97.070(E) by adding the following sentence to the end of the existing paragraph: §97.070(E) "Boating may be closed to the public by the Parks and Recreation Department during a special event that includes swimming." Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends Title IX : General Regulations of the Code of the City of Fayetteville Chapter 97: Parks and Recreation by enacting a new §97.071 with the following language: Page 2 Ordinance No. 5285 "§97.071 Fayetteville Special Use Permit for Events that Include a Swimming Component (A) Special events that include swimming. Special events that include a swimming component, such as a triathlon, may be permitted at Lake Fayetteville with a special use permit issued by the Director of the City Parks and Recreation Department. Such issuance will be at the sole discretion of the Director and should comply with the following: ( 1 ) A special event permit should be processed through the City Parks and Recreation Department at least 90 days prior to the event. (2) A water testing fee of $250 and a special event fee in an amount sufficient to cover all City costs to administer the event shall be charged to the event organizer for the use of the Lake Fayetteville Park space and facilities. A further security deposit to ensure complete clean up or repair of any damage may be required. The Director may require an event organizer to obtain sufficient liability insurance and take measures to increase swimmers' safety. (3) The City does not warrant the safety or cleanliness of any lake for swimmers. Event organizers shall provide notice of the inherent danger of swimming in the lake to all persons requesting to swim and shall obtain waivers of liability and responsibility for the City of Fayetteville from all participants. (4) The City of Fayetteville reserves the right to allow swimming only in designated areas during the event and prohibit boating in these areas. (5) The City of Fayetteville reserves the right to cancel previously approved special events due to unacceptable water quality, inclement weather or other valid reason." PASSED and APPROVED this 17'h day of November, 2009. APPROVED ATTEST: By �Y Qyl D� ec L ��L YLD JORD ayor SONDRA E. SMITH, City Clerk/Treasurer ,`-*.G'�\T Y p�,•SGS rU • • t" ; o FAYETTEVILLE ; 9•°: 5 ��: .jh ` p14N; : �''� ��TON City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/17/2009 City Council Meeting Date Agenda Items Only Leif Olson Strategic Planning Submitted By Department Action Required: ADM 09-3296: (Lake Fayetteville Special Events with a Swimming Component): Submitted by Strategic Planning Staff to amend Title IX: General Regulations of the Code of the City of Fayetteville Chapter 97: Parks and Recrealio to allow special events at Lake Fayetteville that include a swimming component. Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached O 10 30 0� Previous Ordinance or Resolution # artment 7e Date Original Contract Date: Original Contract Number: City Attorney n Dale 2k Cit. Fin a and Internal Services Director Date Received in City Clerk's Office na C 'ef of Sv Date oct• � Received in Mayor's Officeoeoo 3 %��May& 405te Comments: CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Karen Minkel, Strategic Planning and Internal Consulting Director Connie Edmonston, Parks and Recreation Director From: Leif Olson, Associate Planner Date: October 29, 2009 Subject: Lake Fayetteville special events with a swimming component (ADM 09-3296). RECOMMENDATION The Parks and Recreation Department and Strategic Planning and Internal Consulting Departments recommend amending Title IX : General Regulations of the Code of the City of Fayetteville Chapter 97 : Parks and Recreation to allow special events that include a swimming component at Lake Fayetteville. BACKGROUND Periodically, groups approach the Parks, Recreation and Open Spaces staff requesting permission to have group sponsored events at Lake Fayetteville that would include swimming. Typically, these are groups that are looking for parks space to hold large events such as triathlons where a swimming component is required. Strategic Planning staff was charged with developing multiple policy alternatives and providing a policy recommendation. Strategic Planning staff researched the possible policy implications of permitting various recreational water activities on Lake Fayetteville. Currently the City allows canoeing, kayaking and fishing from the shore and boat docks. The City does not allow swimming in the lake. The primary concern is periodic and/or ongoing water quality issues related to bacterial contamination from septic systems located within the upper Clear Creek watershed. Staff developed four policy alternatives that ranged from not allowing any swimming or full body contact with the water to developing a State Health Department approved swim beach. In the past, the City has not had the equipment necessary to do a full water quality assessment. The recent purchase of a coliform dry bath incubator by the lab at the Noland Wastewater Treatment Plant will enable the City to perform complete water quality analysis, including bacterial testing. A testing protocol will be established and baseline data will be collected and analyzed beginning in the fall of 2009. DISCUSSION Staff presented the proposed ordinance amendments for Lake Fayetteville to the Parks and Recreation Advisory Board at their October 5, 2009 meeting where it was forwarded unanimously. On October 28, 2009 the City Council Ordinance Review Committee ORDINANCE NO. AN ORDINANCE AMENDING TITLE IX: GENERAL REGULATIONS OF THE CODE OF THE CITY OF FAYETTEVILLE, TO AMEND SECTIONS OF CHAPTER 97 : PARKS AND RECREATION IN ORDER TO PERMIT SPECIAL EVENTS AT LAKE FAYETTEVILLE THAT INCLUDE A SWIMMING COMPONENT. WHEREAS, the City of Fayetteville periodically receives requests from citizens to allow swimming at Lake Fayetteville for special events such as a triathlon; and WHEREAS, the City of Fayetteville has the equipment necessary to regularly test the water quality of Lake Fayetteville; and WHEREAS, the City of Fayetteville has developed a protocol for the weekly testing of Lake Fayetteville for bacterial contamination and pollution; and WHEREAS, the City of Fayetteville has developed a policy and protocol for allowing special events at Lake Fayetteville that include a swimming component, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby amends Title IX: General Regulations of the Code of the City of Fayetteville Chapter 97: Parks and Recreation §97.065(A) by adding the following sentence to the end of the existing paragraph: §97.065(A) "Groups wishing to have a special event at Lake Fayetteville that includes swimming shall obtain a special use permit from the City Parks and Recreations staff, see section 97.071 ." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends Tide IX: General Regulations of the Code of the City of Fayetteville Chapter 97: Parks and Recreation §97.070(E) by adding the following sentence to the end of the existing paragraph: §97.070(E) `Boating may be closed to the public by the Parks and Recreation Department during a special event that includes swimming." Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends Title IX: General Regulations of the Code of the City of Fayetteville Chapter 97: Parks and Recreation by enacting a new §97.071 with the following language: 197.071 Fayetteville Special Use Permit for Events that Include a Swimming Component A. Special events that include swimming. Special events that include a swimming component, such as a triathlon, may be permitted at Lake Fayetteville with a special use permit issued by the Director of the City Parks and Recreation Department. Such issuance will be at the sole discretion of the Director and should comply with the following: ( 1 ) A special event permit should be processed through the City Parks and Recreation Department at least 90 days prior to the event . (2) A water testing fee of $250 and a special event fee in an amount sufficient to cover all City costs to administer the event shall be charged to the event organizer for the use of the Lake Fayetteville Park space and facilities. A further security deposit to ensure complete clean up or repair of any damage may be required. The Director may require an event organizer to obtain sufficient liability insurance and take measures to increase swimmers' safety. (3) The City does not warrant the safety or cleanliness of any lake for swimmers. Event organizers shall provide notice of the inherent danger of swimming in the lake to all persons requesting to swim and shall obtain waivers of liability and responsibility fro the City of Fayetteville from all participants. (4) The City of Fayetteville reserves the right to allow swimming only in designated areas during the event and prohibit boating in these areas. (5) The City of Fayetteville reserves the right to cancel previously approved special events due to unacceptable water quality, inclement weather or other valid reason." PASSED and APPROVED this the day of , 2009. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: By: SONDRA SMITH, City Clerk Fayetteville Parks and Recreation tP y Programs and Special Events4 Special Event/Tournament Reservation Fonn FAYETTEVILLE GENERAL, INFORMATION: Organization: Event Description: Authorized Representative: Address: Telephone: (work) (home) (fax) (cell) Email: Outside Vendor Info (please list name. contact information, promoter reporting number, and products and services vendor intends to sell during the event, for each vendor.) FACILITIES REQUESTED FOR TOURNAMENT/SPECIAL EVENT: Dates: Times: Facilities Requested: Maintenance Request: Estimated Number of Participants/Teams: Amount of Participant/Team Entry Fee Amount of Spectator Entry Fee Will this event include participants/teams not currently participating in your league NOTE: Parks and Recreation reserves the right to cancel any program that does not meet established rules and regulations, or when the requesting group is unable or unwilling to adequately perform all required duties and responsibilities related to the event, or for similar cause. Please Fax Request to 479-521-7714 Ball Field Rental Information According to Fayetteville Code of Ordinances 97.016, Fayetteville Parks and Recreation has established fees to defray the costs of maintenance, trash clean up and removal of equipment use, water and electricity. Fayetteville Parks and Recreation has soccer fields at Lewis, Asbell and Walker Parks. Softball fields are available at Lake Fayetteville, Gary Ilanmpton, and Wilson Park. Baseball fields are available at Walker Park and White River Baseball Complex. Fees are as listed below: Rental Fees Softball # of Fields Description Daily Rate* Dailv Rate w/Lights Gary Hampton (4) 300' fields w/ lights $85 $ 115 Lake Fayetteville (3) 275' fields w/lights $85 $ 115 Wilson ( 1 ) Approx. 200' w/lights $40 $60 *Additional $25 for extra fencing for softball fields Soccer # of Fields Description Daily Rate** Asbell (2) 2 Full Size $75 ( 1 ) 28v8fields Lewis (4) 4 Fields that make two 8v8 $75 Walker Park (2) Full Size $75 **$75 covers field layout as is; different field layout requires additional $25 fee/per field; Lights are not available on soccer fields. Baseball # of Fields Description Daily Rate*** Dailv Rate w/Lights Walker Park (8) Teeball - 12 & Under $40 $60 White River (2) 315' Fields $70 $85 Tennis # of Courts Daily Rate* Dailv Rate w/ lights Wilson Park (6) $20 $35 Walker Park (2) $20 $35 What This Fee Includes The Rental Fee includes field preparation for tournaments and/or games; equipment in desired locations; painted/chalked fields; use of restroom facilities; use of concession stand; and use of scoreboards (where available). If score panels are missing or broken, renter is responsible. ALL FIELD RENTALS MUST BE PAID IN ADVANCE. Additional Services A renter requests for Parks and Recreation Staff to be on call during the reserved time, a $30 fee is required. An additional $35 fee/hour is required, plus cost of supplies, should the renter request these services due to inclement weather conditions. The supplies include chalk/paint and quick dry. Additional Information For availability of fields and/or to obtain additional information regarding field reservations, contact the following individuals. Youth Softball Soccer Adult Softball Kevin Kyzer Tiffany Gaulke James Morrow Recreation Programs Mgr. Recreation Programs Mgr Recreation Programs Mgr (479) 444-3471 x 474 (479) 444-3471 x 369 (479) 444-3471 x 681 Advertising/Banners in Parks According to City of Fayetteville Ordinances, tournament/special event organizers are not permitted to hang banners, posters, flyers or other printed advertising materials prior to the event. Sponsors are permitted to hang banners or posters in areas pre-approved by Parks and Recreation on the day of the event. Any pre-approved banner may not be displayed until the morning the event begins and must be removed at the completion of the event. Special Events Special Events are permitted in Fayetteville Public Parks, provided the following guidelines are followed : 1 . Special Event forms must be completed and submitted to Parks and Recreation no later than 14 days prior to the event. Organizations requesting special events located at Lake Fayetteville that include a swimming component should apply no later than 90 days prior to the event. Events will be reviewed and permitted on a case by case basis based on many issues including but not limited to: Park Schedule • Type/Size of Event Number of participants Size of Park Size of Parking Lot/Number of Parking Spaces 2. Events may not be exclusive. Events utilizing public parks must allow any person or resident the ability to participate. 3. Special events located at Lake Fayetteville that include a swimming component shall be subject to the following regulations and determinations: Special event forms should be submitted to the Parks and Recreation Department no later than 90 days prior to the requested swim event. A fee of $250 is required to reserve the Lake Fayetteville Park for a special event with a swimming component. An additional security deposit fee to ensure clean up and maintenance may also be required. The City of Fayetteville may require the event organizer to furnish proof of adequate liability insurance is the amount of $2,000,000. • The City of Fayetteville reserves the right to cancel swim events up until the time of theevent due to unacceptable water quality data or other valid reasons; such as inclement weather. The Parks and Recreation Department shall designate the specific area(s) of the Lake where swimming shall be allowed during the special event and may prohibit boating in this area. The Parks and Recreation Department may require scuba divers to inspect the swim area prior to the event and remove all dangerous obstacles. • The Parks and Recreation Department may require the presence of safety boats with certified medical personnel during swim events in case of emergency. • The Parks and Recreation Department may require anon-site ambulance to be available for emergency purposes throughout the course of the event. • Any alterations to Lake Fayetteville Park or the Lake will require the approval of the Parks and Recreation Department Director and 'shall be paid for'bythe event organizer. These may include, but shall not be limited to; buoys, underwater debris removal, installation of sand or gravel, etc. • If additional Parks Staff is required to work an, event a'fee may be charged to recover these costs. • The City of Fayetteville shall not be liable to users employees, agents, invitees, licensee, visitors, or to any other person for injury to person owdamage to property on premises cause by.the negligence or misconduct of user, its agents, servant or employees, or of any other person entering-upon the premises under express or implied mvi`tation by user. The, City of Fayetteville does not}warrant`that Lake'Fayetteville is safe or si ni aryfor any swimming event;and affirmatively warns the event organizer and all participants that the lake is inherently dangerous for swimming. No City lifeguard will be on duty. All swimming will be done at swimmers own risk and all must waive any possible claims against the City. The event producers agrees to obtain waivers of liability for all participants before they are allowed to swim and to indemnify an hold harmless the City from any loss, attorney's fees, an expenses or claims arising out of any such damage or injury. The City reserves the right to revoke this application at any time. 4. Fund-raising Events - As stated by City Ordinance, No person in a park shall expose or offer for sale any article or thing, nor shall he station or place any stand, can . or vehicle for the transportation, sale or display of any such article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under that authority and regulation of the city and nonprofit groups on an annual basis (Ordinance 97.086) 5. Events raising money for non-profit organizations must provide a letter from the organizations Executive Director, acknowledging the event and the organizations participation. 6. The size of the event can not exceed the number of parking spaces in the selected park facility. Vehicles can only be parked in designated areas. Overflow parking can only be allowed at special events where Parks and Recreation and is supervising the event. 7. If there is an exchange of money/registration fee, a facility rental Ice will be required for the event sponsor. Each event carries a $200 cleaning deposit that must accompany the Event Request Form. This deposit will be returned provided the park and surrounding parking lots arc left clean, free of trash and no damage is done to structures, gardens or parking areas (Ordinance 97.086). 8 . According to Fayetteville' s Code of Ordinances, tournament/special event organizers are not permitted to hang banners, posters, flyers or other printed advertising materials prior to the event. Sponsors are permitted to hang banners and/or posters in areas pre-approved by the Parks and Recreation Department on the day of the event. Any pre-approved banner may not be displayed until the morning the event begins and must be removed at the completion of the event (Ordinance 97.087). 9. No person in a park shall construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across such lands, except on special written permit obtained from the city (Ordinance 97.036). 10. If your event requires a key to a lock being checked out from Fayetteville Parks and Recreation, a $ 100 security deposit must be submitted. Any key checked out from Fayetteville Parks and Recreation must be turned in on the next business day. Once a key is turned in, the security deposit is returned. 11 . Any marking on trails or sidewalks is strictly prohibited. Any painting or marking on athletic fields with out specific permission from Parks and Recreation is also prohibited. 12. Hold I larmless Clause: The City of Fayetteville shall not be liable to users employees, agents, invitees, licensee, visitors, or to any other person for injury to person or damage to property on premises cause by the negligence or misconduct of user, its agents, servant or employees, or of any other person entering upon the premises under express or implied invitation by user. The event producer agrees to indemnify and hold harmless the City from any loss, attorneys fees, and expenses or claims arising out of any such damage or injury. The City reserves the right to revoke this application at any time. As a representative for the group and event requested on this from, 1 understand the regulations applying to the use of Parks and Recreation facilities. 1 will assume responsibility for the adherence to these regulations and policies if the request is approved. ■ The observance of applicable laws and ordinances; ■ Any stipulations or restrictions of the permit; Any stipulations or rules outlined in the Special Event Request Form Instructions/Rules; ■ The applicant assumes all liabilities that may arise Signature of Applicant Date Recreation Superintendent Parks Maintenance Superintendent Staff comments are optional and are meant to assist you in planning a successful event. Park Staff Comments: I accept the above conditions: Signature of Applicant Office use only Cleaning Deposit: date pd Key Deposit: date pd CLEANEDyes / no Field Rental Fee: # of Fields: Total Amount paid: Amount of trash and/or key deposit returned: 11 Markup changes to Chapter 97 : Parks and Recreation. New language is shown shaded and in bold . ARTICLE V Special events that include a swimming RECREATIONAL ACTIVITIES component, such as a triathlon, may be permitted at Lake Fayetteville with a special 97.065 Bathing And Swimming; use permit issued by the Director of the City Parks and Recreation Department. Such Bathhouses issuance will be at the sole discretion of the Director and should comply with the (A) No person in a park shall swim, bathe, or following: . wade in any waters or waterways in any park, except in such waters as are provided (1 ) A special event permit should be therefore and except during such hours of processed through the City Parks the day as shall be designated by the city. and Recreation Department at least Nor shall any person frequent any waters or 90 days prior to the event. places customarily designated for the purpose of swimming or bathing, or (2) A water testing fee of $250 and a congregate thereat when such activity is special event fee in an amount prohibited by the city upon a finding that sufficient to cover all City costs to such use of the water would be dangerous or administer the event shall be charged otherwise inadvisable. Groups wishing to to the event organizer for the use of have a special event at Lake Fayetteville the Lake Fayetteville Park space and that includes swimming shall obtain a facilities. A further security deposit to special use permit from the City Parks ensure complete clean up or repair of and Recreations staff, see section 97.071 . any damage may be required. The Directormay require an event organizer to obtain sufficient liability Insurance and take measures to 97.070 Recreational Activities At increase swimmers' safety. Lakes Fayetteville, Sequoyah And Wilson (3) The City does not warrant the safety or cleanliness of any lake, for (E) Boating. A boating permit for each boat swimmers. Event organizers shall must be purchased before its use on the provide notice of the inherent danger lake. All boats must be docked at the boat of swimming in the lake to all landing at lake closing time. No boats persons requesting to swim andshall except those used by lake employees will be obtainwaivers of liability I and docked at any other location on the lake. responsibility fro the City, of Boating may be closed to the , public by Fayetteville from all participants. the Parks and Recreation Department during a special event that includes (4) The City of Fayetteville reserves the swimming. right to allow swimming only in designated areas during the event and prohibit boating in these areas. 97.071 Lake Fayetteville Special Use (s) The City of Fayetteville reserves the Permit for Events that Include a right to cancel previously approved Swimming Component special events due to unacceptable water quality, inclement weather or other valid reason. A. Special events that include swimming.