HomeMy WebLinkAboutORDINANCES-2006-015-O-062/20/2006
• Effective Date: December 11, 2007
15-0-06
AN ORDINANCE
Amending Section 7-10-1, "Designation of Public Parks", and
Section 7-10-8, i°Permits",
of the Evanston City Code, 1979
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the Evanston City Code, 1979, as amended, be
and hereby is further amended by amending Section 7-10-1, "Designation of
Public Parks", to read as follows:
7-10-1: DESIGNATION OF PUBLIC PARKS:
• The parks of the City and the areas of such parks are designated as follows:
Designation
Location
Acres
Ackerman Park
South of Central Street, east of
1.254
McDaniel Avenue
Alexander Park
West side of Ridge Avenue, north of
1.032
Grove Street
Baker Park
South of Keeney Street, east of
1.372
Forest Avenue
Barton Avenue Park (c)
North of South Boulevard, east of
1.523
Barton Avenue
Beck, Eugene Park (a)
That portion of canal banks easterly and
5.85
southerly of the sanitary district canal from
a point south of Lyons Street northeasterly
to Emerson Street
Bent, Horace E. Park
North of Harrison Street, east of
3.239
Cowper Avenue
Brummel Park (c)
South side of Brummel Street, east of
0.872
Elmwood Avenue
40
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Designation
Location
Acres
Brummel-Richmond Tot Lot
Northwest corner of Brummel Street and
0.163
Richmond Avenue
Burnham Shores
Lakefront from Dempster Street to
5.015
Hamilton Street
Butler, Isabella Park (a)
That portion of canal banks easterly and
11.060
southerly of the sanitary district canal from
Emerson Street to Bridge Street
Cartwright, Charles M. Park
Southeast corner of Grant Street and
2.250
Prospect Avenue
Centennial Park (e)
Lakefront, Church Street to University Place
10.550
Chandler Park
North of Lincoln Street, east of
3.201
SDC channel
Clark Square
North of Kedzie Street, east of
4.896
Sheridan Road
Clyde & Brummel Tot Lot
North of Brummel Street at Clyde Avenue
0.478
Congregational Park
North of Lake Street, west of
0.67
Judson Avenue
Crown, Robert Park
North of Main Street, east of Dodge Avenue
14.714
Curry, J. Seymour Park
Northeast corner of Hinman Avenue and
1.58
Dempster Street
Dawes Park (e)
Lakefront from Church Street on the north
12.392
to Dempster Street on the south
Deering Park (b) Park
East of Sheridan Road, north of
2.506
Clinton Place
Dobson-Brummel Park
East of Ashland Avenue between
0.458
Dobson Street and Brummel Street
Eggleston, Edward Park (a)
North side of McCormick Boulevard
1.837
between Bridge Street and the east line of
Hartrey Avenue extended
Eiden, Charles -B. Park
West of Custer Avenue east of Sherman
1.110
Avenue, extending from the south boundary
of Washington Street to the north °boundary
of Madison Street
Elks Memorial Park
North of alley north of Mulford Street east of
0.189
Callan Avenue
Elks Park (c)
North of Mulford Street, east of
2.954
Callan Avenue
•
•
•
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• Designation Location Acres
Ellingwood Park
North of Harrison Street, east of
0.150
Pioneer Road
Elliott Park (e)
Lakefront, from Hamilton Street to
7.624
Lee Street
Firemen's Park
South of Simpson Street west of
0.542
Maple Avenue
Fitzsimons Park
North of Lee Street, east of
0.126
Elmwood Avenue
(Foster Field
North of Foster Street, east of
5.128
Dewey Avenue
Fountain Square
Davis Street and Sherman Avenue
0.087
Fullerton Park (b)
North of Lincoln Street, east of
0.528
Ridge Avenue
Garden Park
Lakefront, north of Sheridan Square
1.355
Gilbert Park
North of Emerson Street at Ashland Avenue
0.435
Grey Park
North of Main Street, east of Ridge Avenue
1.557
Harbert, Elizabeth Boynton Park
That portion of canal banks east of the
13.50
(a)
Sanitary District canal, from Main Street to
•
Dempster Street
Harper Garden (a)
South of Lake Street, west of
0.083
Sherman Avenue
Hinman Avenue Park
641 Hinman Avenue
0.196
Hobart, Marcus A. Park
Northeast corner of Ridge Avenue at
0.143
Foster street
Howell Park
North of Hartzell Street, east of
1.147
Walnut Street
Independence Park
North of Central Street, east of
1.412
Stewart Avenue
Ingraham, Samuel Gilbert Park
That portion of Civic Center property east of
11.64
Asbury Avenue, south of Leonard Place,
and west and north of the Civic Center
parking lot
James, Robert E. Park
South of Oakton Street, west of
45.590
Dodge Avenue
Kamen Park (c)
North of South Boulevard, east of
1.895
Asbury Avenue
Kelly Park
South of Keeney Street, west of
0.327
•
Michigan Avenue
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Designation
Location
Acres
Ladd Arboretum (a)
Southeast of McCormick Boulevard,
17.361
Emerson Street to Grant Street
Lake -Dodge Park
Southeast Lake Street and Dodge Avenue
0.122
Larimer Park
North of Crain Street, at Oak Avenue
1.427
Lawson, Lawrence 0. Park
East of Sheridan Road, north of
1.647
Clinton Place
Leahy Community Park
South of Lincoln Street, west of
3.966
Ridge Avenue
Leider Park (c)
North of South Boulevard, west of
2.079
Asbury Avenue
Levinson Tot Lot
South of Mulford Street at Florence Avenue
0.277
Lighthouse Landing (e)
East of Sheridan Road between Central
6.449
Street and Milburn Street, and the land
located at 2603-2609 Sheridan Road
Lomar, Leah Park
Southwest corner of Mulford Street and
1.705
Wesley Avenue
Lovelace, Walter S. Park
West of Gross Point Road, south of north
17.844
City limits
Lunt, Cornelia Gardens
North of Church Street, east of Judson
1.758
Avenue and west of Sheridan Road
McCormick Park (a)
North and west of McCormick Boulevard,
3.000
Hawthorne Lane to Grant Street
McCulloch, Catherine Waugh
South side of Jenks Street between
1.703
Park
Broadway Avenue and Eastwood Avenue
Mason Park
North of Davis Street, west of
5.155
Florence Avenue
McGowen, Vera Park
North of South Boulevard west of
0.585
Hinman Avenue
Merrick Rose Garden
South of Lake Street, west of Oak Avenue
0.535
(Municipal Rose Garden)
Milburn Park
(Evanston Filtration -and -Pumping South of
2.013
Milburn Street at Lake Front Station)
Monroe Tot Lot
1200 Monroe Street
0.040
Morris, Jennifer Park
Southeast corner of Washington Street and
0.057
Custer Avenue, west of railroad right-of-way
Mulford and Callan Tot Lot (c)
North of Mulford Street, west of
0.382
Callan Avenue
•
•
•
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• Designation Location Acres
Oldberg, Arne and Mark Sloan
Intersection of Elgin, Sherman Avenue and
0.330
Park
Clark Street
Patriots Park
North of Davis Street east of Forest Place
0.475
Penny Park
South of Lake Street, West of
1.139
Ashland Avenue
Perkins, Dwight Woods Forest
North of Grant Street, east of
7.102
Preserve (d)
Ewing Avenue
Perry, Adam Park
1741 Hovland Court, and any future
0.551
adjacent additions thereto
Philbrick Park
South of Gaffield Place, west of
0.652
Sherman Avenue
Porter, Harry Hibbert Park
Northeast corner Simpson Street and
0.253
Bennett Avenue
Quinlan Park
South of Lincoln Street, east of Elm Avenue
0.399
Raymond Park
North of Lake Street, east of
1.746
Chicago Avenue
Reba Place Park (c)
North side of Reba Place, west of
0.338
Custer Avenue
Ridgeville Park (c)
North of South Boulevard, east of
1.971
•
Ridge Avenue
St. Paul Park (south) (a)
South of Main Street, west of
0.563
Sherman Avenue
Sargent, Celia Park _
Northwest corner of Elmwood Avenue and
0.083
Reba Place
Smith, Elnora Park
Southeast Ashland Avenue at Lyons Street
1.065
Snyder, Thomas E. Park
Southeast corner of Judson Avenue and
0.254
Kedzie Street
South Boulevard Beach Park (e)
Lakefront, Sheridan Square south to
2.579
City limits
Southwest Park
South of Seward Street, west of
0.566
Wesley Avenue
Stockham Place Park
North of Hamilton Street, at
0.364
Michigan Avenue
Tallmadge, Thomas Eddy Park
Northeast of Maple Avenue and
3.66
Noyes Street
Torgerson, Frank S. Park
Northeast corner Jenks Street and
0.559
Poplar Avenue
•
—5—
Designation
Trahan, Benjamin Park
Twiggs, William H. Park (a)
Location
Northeast corner of Ridge Avenue at
Monroe Street
That portion of the canal banks southerly
and easterly of the sanitary district canal
from Simpson Street to a point west of
Payne Street
Notes:
(a) Parks controlled by the City under lease.
(b) Parks under control of Lighthouse Park District.
(c) Parks under control of Ridgeville Park District.
(d) Forest preserve land.
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Acres •
0.483
9.05
SECTION 2: That the Evanston City Code, 1979, as amended, be
and hereby is further amended by amending Section 7-10-8, "Permits", to read
as follows:
7-10-8: PERMITS:
(A) Designation Of Park Facilities:
1. Proposed Designations: The director of parks/forestry and recreation or
his/her designee shall classify all park property under a uniform system of
classification and designate for each such classification the use or uses which, in
his/her judgment, should be permitted therein. Categories of classifications,
which the director shall designate, may include, but are not limited to, parks,
playgrounds, tot lots, field houses, boat harbors, swim areas, and leased
facilities. The director shall classify all park property under the following
classification system:
a. Public Forums: Public forum areas ,are large enough to
accommodate more than two hundred fifty (250) people with adequate space in
the park for participants (not on the streets) and sufficient parking. These areas
have sufficient space so as to limit the impact on the surrounding neighborhood.
b. Limited Use Areas: Limited use areas can accommodate less
than two hundred fifty (250) participants in the park (not on the streets) with
sufficient parking. These areas are primarily in residential areas and no
amplification is permitted.
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C. Area or Facilities Not Designated for Public Assembly: These
• areas are unsuitable for group activities due to the size and/or location of the
area other than city and/or city sponsored events.
d. Special Facilities: Special facilities are designated as soccer
fields, softball/baseball fields, tennis courts, etc., which are for public use. These
areas may be reserved through the permit process.
The Director of Parks/Forestry and Recreation has recorded the designations for
each park and has transmitted the same promptly to the City Council.
Thereafter, the Director may, from time to time, as he/she shall deems necessary
and proper, amend or revise his/her designations and shall promptly transmit in
writing the amendments or revisions to the City Council, which shall approve,
amend or reject the same. All such designations, amendments, and revisions
thereof, shall be in full force and effect from the time that the same are expressly
approved as such or as amended by the City Council.
Facility/Park
Public
Limited use
Areas or
Special
Amplifi-
forums
areas (areas for
facilities not
facilities
cation
(areas large
smaller groups -
designated for
(areas with
allowed
enough to
less than 250,
public assembly
special
hold 250
primarily
(areas
facilities such
plus
residential, no
unsuitable for
as fields, etc.,
•
persons)
amplification)
groups due to
size and/or
for public use)
location other
than City and/or
City- sponsored
events)
Ackerman Park
X
X
No
Alexander Park
X
No
Baker Park
X
X
No
Eugene Beck
X
No
Park
Horace E. Bent
X
X
No
Park
Brummel-
X
No
Richmond Tot Lot
Burnham
X-
X
No
Shores Park
(including
Dempster Beach
and Aquatics
Center)
•
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Facility/Park
Public
Limited use
Areas or
Special
Amplifi-
forums
areas (areas for
facilities not
facilities
cation
(areas large
smaller groups -
designated for
(areas with
allowed
enough to
less than 250,
public assembly
special
hold 250
primarily
(areas
facilities such
plus
residential, no
unsuitable for
as fields, etc.,
persons)
amplification)
groups due to
for public use)
size and/or
location other
than City and/or
City- sponsored
events)
Isabella Butler
X
X
Yes
Park
Charles M.
X
X
No
Cartwright Park
Centennial Park
X
X
Yes
(including Clark
Street Beach
and Boat Ramp)
Chandler Park
X
X
Yes
(including
Community
Center)
Clark Square
X
No
Clyde-Brummel
X
No
Park
Congregational
X
No
Park
Robert Crown
X
X
Yes
Park (including
Robert Crown
Ice Complex
and Community
Center)
J. Seymour
X
No
Currey Park
Dawes Park
X
X
Yes
(including
Greenwood
Beach)
Dobson-
X
No
Brummel Park
•
•
•
�g�
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•
Facility/Park
Public
Limited use
Areas or
Special
Amplifi-
forums
areas (areas for
facilities not
facilities
cation
(areas large
smaller groups -
designated for
(areas with
allowed
enough to
less than 250,
public assembly
special
hold 250
primarily
(areas
facilities such
plus
residential, no
unsuitable for
as fields, etc.,
persons)
amplification)
groups due to
for public use)
size and/or
location other
than City and/or
City- sponsored
events)
Edward
X
No
Eggleston Park
Charles B.
X
No
Eiden Park
Elks Memorial
X
No
Park
--
Ellingwood Park
X
No
Elliott Park (Lee
X
X
Yes
Street Beach)
Firemen's Park
X
No
•
Fitzsimons Park
X
X
No
Foster Field
X
X
Yes
(including
Fleetwood-
Jourdain
Community
Center)
Fountain Square
X
Yes
Garden Park
X
No
Gilbert Park
X
No
Grey Park
X
No
Elizabeth
X
Yes
Boynton Harbert
Park
Harper Garden
X
No
Hinman Avenue
X
No
Park
Marcus A.
X
X
No
.
Hobart Park
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Facility/Park
Howell Park
Independence X
Park
Ingraham Park X
Robert E. James X
Park (Levy
Senior Center)
Kamen Park
Kelly Park
Ladd Arboretum X
(including the
Ecology Center)
Lake -Dodge
Park
Larimer Park
Lawrence 0.
Lawson Park
Leah Lomar
Park
Leahy
Community Park
Levinson tot lot
Lighthouse
Landing
(including
beach)
Walter S. X
Lovelace Park
Cornelia Lunt
Gardens
blic
Limited use
Areas or
Special
Amplifi-
ums
areas (areas for
facilities not
facilities
cation
,eas large
smaller groups -
designated for
(areas with
allowed
ough to
less than 250,
public assembly
special
Id 250
primarily
(areas
facilities such
is
residential, no
unsuitable for
as fields, etc.,
rsons)
amplification)
groups due to
for public use)
size and/or
location other
than City and/or
City- sponsored
events)
X
No
X
X
X
X
X
X
Yes
Yes
Yes
No
No
X Yes
R,
R.,
P.
I►In
No
No
No
No
No
No
Yes
Yes
No
n
�J
•
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•
Facility/Park
Public
Limited use
Areas or
Special
Amplifi-
forums
areas (areas for
facilities not
facilities
cation
(areas large
smaller groups -
designated for
(areas with
allowed
enough to
less than 250,
public assembly
special
hold 250
primarily
(areas
facilities such
plus
residential, no
unsuitable for
as fields, etc.,
persons)
amplification)
groups due to
for public use)
size and/or
location other
than City and/or
City- sponsored
events)
Mason Park
X
X
Yes
McCormick Park
X
No
Catherine
X
No
Waugh
McCulloch Park
Vera McGowen
X
No
Park
Merrick Rose
X
X
No
Garden
Milburn Park
X
No
•
Monroe Lot Lot
X
No
Jennifer Morris
X
No
Park
Arne and Mark
X
No
Sloan Oldberg
Park
Patriots Park
X
No
Penny Park
X
No
Adam Perry
X
No
Park
Philbrick Park
X
No
Harry Hibbert
X
No
Porter Park
Quinlan Park
X
No
Raymond Park
X
No
St. Paul Park
X
No
Celia Sargent
X
No
•
Park
—11—
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Facility/Park
Public
Limited use
Areas or
Special
Amplifi-
forums
areas (areas for
facilities not
facilities
cation
(areas large
smaller groups -
designated for
(areas with
allowed
enough to
less than 250,
public assembly
special
hold 250
primarily
(areas
facilities such
plus
residential, no
unsuitable for
as fields, etc.,
persons)
amplification)
groups due to
for public use)
size and/or
location other
than City and/or
City- sponsored
events)
Elnora Smith
X
No
Park
Thomas E.
X
No
Snyder Park
South Boulevard
X
Yes
Beach/ Park
Southwest Park
X
No
Stockham Place
X
No
Park
Thomas Eddy
X
X
Yes
Tallmadge Park
(including Noyes
Cultural Arts
Center)
Frank S.
X
No
Torgerson Park
Benjamin
X
No
Trahan Park
William H.
X
X
Yes
Twiggs Park
2. Public Review of Proposed Designation: Simultaneous . with the
transmission to the City Council of the plats or maps required by this code, or of
any written amendments or revisions thereof, the director of parks/forestry and
recreation shall file a duplicate copy of the same with the city clerk, which
duplicate copy shall be available for public inspection and copy in the city clerk's
office during normal business hours.
(B) Rules And Regulations: The director of parks/forestry and recreation
may, from time to time, establish reasonable rules and regulations, for the use of
each facility in the park system and for obtaining permits pursuant to this chapter.
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 and parking,
•
•
•
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of park employees and of the public, the safety and maintenance of park
• 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 park facilities may be
used by members of the general public, without permit, for the recreational and
athletic purposes not inconsistent with the nature of the facility and the safety of
the public and of park property.
(C) Permit Requirement:
1. General: No person shall, without a permit:
a. Conduct a public assembly, parade, picnic, or other event involving
more than thirty (30) individuals;
b. Conduct any exhibit, music or dramatic performance, fair, circus,
concert, play, church service, radio or television broadcast, other than a news
transmission; _
C. Exhibit or display any motion picture, television program, light or
laser light display, or similar event;
d. Operate a vehicle, except upon a publicly dedicated street, alley,
• watercourse or other thoroughfare which may abut or traverse a park;
e. Create or emit any amplified sound, except from a radio, recorder
or other device possessed and used by an individual for his/her own enjoyment
and operated in such a manner so as not to interfere with the use and enjoyment
by another person;
f. Station or erect any building, tent, canopy, stand, bandstand, stage,
tower, scaffold, sound stage, platform, rostrum or other structure for longer than
three (3) hours;
g. Station or use any electrical or electronic device or equipment that
would require outdoor auxiliary power;
h. Display, post or distribute any placard, handbill, pamphlet, circular,
book or other writing containing commercial advertising matter within the park
system (as described in title 4, chapter 12, "Sign Regulations", and section 3-4-2-
2 of this code);
i. Conduct an organized sporting event;
• j. Ride any horse on any driveway, roadway, path or trail, park
property; or
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k. Bring onto park property a tame, non -domestic, supervised and •
controlled animal for limited non-commercial or promotional purposes.
2. Permits For Activities Involving More Than Five Hundred Individuals:
No activity involving more than five hundred (500) individuals shall be held within
two thousand five hundred (2,500) feet of the boundaries of another such event,
nor within two (2) hours of any other activity involving more than five hundred
(500) individuals.
(D) Application For Permits:
1. Filing Written Application:
a. Park Permit: Any person seeking the issuance of a permit shall
apply for a permit by filing a written application for permit on a form and within
such time as shall be prescribed by the director of parks/forestry and recreation
or his/her designee. A permit is required for:
(1) An event .involving more than thirty (30) individuals;
(2) Advertising or commercial activities;
(3) Activities involving more than one park; •
(4) A religious or partisan political event;
(5) Creation or emission of any amplified sound, except from a
radio, recorder or other device possessed and used by an individual for his/her
own enjoyment and operated in such a manner so as not to interfere with the use
and enjoyment by another person;
(6) Stationing or erecting any building, stand, bandstand, stage,
tower, tent, canopy, scaffold, sound stage, platform, rostrum or other structure;
(7) Use of any electrical or electronic device or equipment
requiring outdoor auxiliary power;
(8) Bringing, landing or causing to ascend or descend or alight
within park property any airplane, helicopter, flying machine, balloon, parachute
or other apparatus for aviation; -
(9) Riding of a horse or horses; or
(10) Use of mechanical rides (which may be permitted only •
on hard surfaces).
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• b. Media/Motion Picture/Commercial Photography: Any person
seeking the issuance of a permit for filming of a media broadcast (other than a
news transmission), motion picture, or still commercial photography shall file a
written application for permit with the director of parks/forestry and recreation or
his/her designee on a form within such time as shall be prescribed by
the director.
C. Recreational Permits: Any person seeking to reserve park
facilities for any event involving less than thirty (30) people and not including the
items covered in subsection (D)la of this section shall file a written application
with the director of parks/forestry and recreation where the event is proposed to
take place on a form and within such time as shall be prescribed by the director.
d. Special Facilities: Any person seeking the issuance of a permit
for use of park property designated as a special facility shall file a written
application for a permit with the director of parks/forestry and recreation or
his/her designee on a form and within such time as shall be prescribed by the
director.
2. Application Fee: For any activity described in subsection (D)la of this
section, no application for permit shall be considered unless the applicant shall
have paid at the time of filing an application for permit the required application
• fee in an amount in accordance with the schedule of fees set by the director of
parks/forestry and recreation and approved by the city council.
3. Indemnification And Reimbursement Agreement: No application for
permit shall be granted unless the applicant shall have executed an agreement
with the city of Evanston, on a form to be prescribed by the director of
parks/forestry and recreation or his/her designee, 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 city of Evanston
for any such costs incurred by the city; and to indemnify the city and hold the city
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, subsection (E) of this
section, no application for permit shall be granted unless the applicant has paid,
within the time prescribed by the director of parks/forestry and recreation or
his/her designee, the security deposit in an amount in accordance with the
schedule of fees set by the director of parks/forestry and recreation or his/her
• designee and approved by the city council. The amount of the security deposit
set in the schedule of fees shall be equal to the estimated cost of cleaning up,
and restoring the park upon the conclusion of the use or activity. The security
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deposit shall be deposited by the city of Evanston into an escrow account.
Promptly after the conclusion of a permit activity, the city of Evanston shall •
inspect the premises and equipment used by the permittee.
a. If it is determined that there has been no damage to city of
Evanston property or equipment beyond reasonable wear and tear, the security
deposit shall be refunded in full within thirty (30) days of the conclusion of the
permitted event;
b. If it is determined by such inspection, that the permitted event
proximately caused damage to city of Evanston 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, the city of
Evanston shall retain the security deposit or any portion, thereof, necessary to
pay for the cost of repair or any fines assessed against the permittee. The
director of parks/forestry and recreation or his/her designee shall provide written
notice of the assessment of damages or fine and retention of the security deposit
to the permittee 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. Any assessment of damages or fine in excess of the security deposit
shall be paid to the city of Evanston within ten (10) days after notice of such
assessment of damages or fine is sent. Retention of all or a portion of a security
deposit shall be subject to the appeal procedures contained in subsection (F) of
this section. An assessment of damages or fine in excess of the security deposit •
shall be subject to the appeal procedures contained in -subsection (F) of
this section.
5. Fees For Use Of Park Facilities: No application for permit shall be
granted unless the applicant has paid, within the time prescribed by the director
of parks/forestry and recreation, a user fee and any other required fee in an
amount in accordance with the schedule of fees set by the director of
parks/forestry and recreation and approved by the city council. No application for
permit shall be granted unless all required fees are paid.
6. Insurance: Applicant shall procure and maintain at all times during its
use of park property, insurance in such amounts and with such coverages as
shall reasonably be required by the city of Evanston and shall name the city of
Evanston as an additional insured thereunder. The amounts and type of
insurance required shall be determined by the city of Evanston, based upon the
nature of the activity and the risk involved. The city of Evanston shall prepare a
uniform schedule of insurance guidelines for particular types of activities. The
applicant shall provide the city with a certificate from an insurer evidencing such
coverage prior to the applicant's use of city of Evanston property, and within the
time prescribed by the director of parks/forestry and recreation or his/her •
designee. The certificate shall also provide that the insurer shall give the city of
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Evanston reasonable advance notice of the insurer's intent to cancel the
• insurance coverage provided.
7. Permits Not Transferable: No permit or preliminary approved permit
application may be transferred.
(E) Processing Of Application For Permits:
1. Order: Applications for permits shall be processed in order of receipt; and
the use of a particular park or part thereof shall be allocated in order of receipt of
fully executed applications accompanied by the application fee.
2. Conditional 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 conditional approval will be
issued. If, within the time prescribed by the director of parks/forestry and
recreation or his/her designee, any required fee or security deposit is not paid, or
an insurance certificate evidencing the requisite insurance is not filed with the city
of Evanston, or the approval or permit of other governmental entities has not
been received, or the other terms and conditions have not been met, the
conditional approval will automatically expire, the application for permit will be
• deemed denied and no written notice of denial will be required. For events or
activities which involve the use of special facilities, or activities as described in
subsection (D) of this section, all terms and conditions for issuance of the permit,
including securing insurance and payment of all fees and security deposit, must
be completed at least thirty (30) days prior to the event unless a longer time
period is prescribed by the director of parks/forestry and recreation and
his/her designee.
No permit shall be issued unless all applicable fees and security deposit are paid
within the times prescribed by the director of parks/forestry and recreation or
his/her designee. Failure to pay fees or security deposit within that time shall
cause the application to be deemed denied, without further notice to
the applicant.
3. Written Denials: If no written denial or conditional approval is issued
within sixty (60) days of the date on which a permit application is fully completed,
executed and filed with the director of parks/forestry and recreation or his/her
designee, the application shall be deemed to have been granted a conditional
approval pursuant to subsection (E)2 of this section. Provided, however, the city
of Evanston may extend the period of review for an additional fourteen (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 permit
shall be deemed to have been granted a conditional approval pursuant to
subsection (E)2 of this section.
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4. Notice Of Extended Review Or Denial Or Issuance Of Permit: 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 permit.
5. Contents Of Notice; Grants For Denial: Notice of denial of an
application for permit shall clearly set forth the grounds upon which the permit
was denied and, where feasible, shall contain a proposal by the city of
Evanston for measures by which the applicant may cure any defects in the
application for permit or otherwise procure a permit. Where an application for
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 city of Evanston shall propose an
alternative place, if available for the same time, or an alternative time, if
available for the same place. To the extent permitted by law, the city of
Evanston may deny an application for permit if the applicant or the person on
whose behalf the application for permit was made has on prior occasions made
material misrepresentations regarding the nature or scope of an event or
activity previously permitted or has violated the terms of prior permits issued to
or on behalf of the applicant. The city of Evanston may also deny an
application for permit on any of the following grounds:
a. The application for permit (including an required attachments and •
Y
submissions) is not fully completed and executed;
b. The applicant has not tendered the required application fee with the
application or has not tendered the required user fee, indemnification agreement,
insurance certificate, or security deposit within the times prescribed by the
director of parks/forestry and recreation or his/her designee;
C. The application for 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
permit was made has on prior occasions damaged city of Evanston property and
has not paid in full for such damage, or has other outstanding and unpaid debts
to the city of Evanston;
f. A fully executed prior application for permit for the same time and .
place has been received, and a permit has been or will be granted to a prior
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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 city of Evanston
and previously scheduled for the same time and place;
h. The proposed use or activity is prohibited by or inconsistent with
the classifications and uses of the park or part thereof designated pursuant to
subsection (A) of this section;
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 city employees or of the public;
j. The applicant has not complied or cannot comply with applicable
licensure requirements, ordinances or regulations of the city concerning the sale
of any goods or services;
k. The use or activity intended by the applicant is prohibited by the
law, by this code and ordinance of the city of Evanston, or by regulations of the
parks/forestry and recreation department.
• 6. Amendment Or Revision Of Applications: Any amendment or revision
of an application for permit shall for purposes of determining the priority of the
application for permit, relate back to the original filing thereof; but the time in
which the city of Evanston shall grant or deny the application for 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 by Director of Parks/Forestry and Recreation or His/Her Designee:
a. Any applicant who is denied a permit or denied a request for a
waiver of user fee, security deposit, or certificate of insurance, or a permittee
who has had all or a portion of its security deposit retained because it was
assessed damages or a fine pursuant to this section may, within seven (7) days
of the service of notice of such determination, file a written appeal from such
determination with the director of parks/forestry and recreation or
his/her designee.
b. The director of parks/forestry and recreation or his/her designee
• shall have seven (7) business days from the date on which the appeal was
received in which to serve upon the applicant a notice that he/she has affirmed,
modified or reversed the denial or retention of security deposit;
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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 permit.
2. Form Of Appeals: Any appeals filed pursuant to this section shall state
succinctly the grounds upon which it is asserted that the determination should be
modified or reversed and shall be accompanied by copies of the application for
permit, the written notice of the determination of the city of Evanston, and any
other papers material to the determination.
3. Waiver Of Requirements: Any requirements for a user fee, security
deposits, or certificate of insurance shall be waived by the city of Evanston, if the
activity is protected by the first amendment of the United States constitution and
the requirement would be so financially burdensome that it would preclude the
applicant from using city of Evanston property for the proposed activity. Fees for
equipment and services shall not be waived pursuant to this subsection.
Application for a waiver of a user fee, security deposit, or certificate of insurance
shall be made on a form prescribed by the city of Evanston and must include an
affidavit by the applicant and sufficient financial information about the applicant to
enable the city to determine whether the requirement(s) would be so financially
burdensome that it would preclude the applicant from using city of Evanston
property for the proposed activity. If it appears that the applicant does not have •
sufficient funds to satisfy the user fee requirement prior to the proposed event,
but that the applicant intends to raise sufficient funds at the event, the city shall
require the applicant to pay such user fee out of the proceeds of the proposed
event. Denials of requests for such waivers shall be subject to the appeal
procedures contained in this subsection (F).
(G) Fines-: The violation by a permittee of the terms of his/her permit or the
laws and regulations of the city of Evanston shall subject the permittee to a civil
fine of up to seven hundred fifty dollars ($750.00). Each day that a violation
continues shall be deemed a separate violation. Such fines may be assessed
against any security deposit held by the city of Evanston on behalf of the
permittee, pursuant to subsection (D)4 of this section. Any assessment of fines in
excess of any security deposit shall be subject to the procedures contained in
subsection (F) of this section.
(H) Severability: If any provision of this section or the application thereof to
any person or circumstance be held invalid, the remainder of this section and the
application of such provision to other persons or circumstances shall not be
affected thereby. The city of Evanston reserves the power to amend or repeal
this section at any time; and all rights, privileges and immunities conferred by this •
chapter or by acts done pursuant hereto shall exist subject to such power.
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SECTION 3: That all ordinances or parts of ordinances in conflict
• herewith are hereby repealed.
SECTION 4: That this Ordinance shall be in full force and effect
from and after its passage, approval, and publication in the manner
provided by law.
Introduced: Y� G. ,� �_. t1 01 , 2006
Adopted: N 'L a � , 2007
Attest:
•9VICU.'*
Mary P% Mtr-is",-4ity Clerk
App -ov,d as to form:
Cor )da- tion Coun el
Approved:
2007
--` LPrraine H. Morton, Mayor
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