HomeMy WebLinkAboutORDINANCES-2005-032-O-05• 2/23/2005
12/15/2004
10/11 /2004
9/17/2004
8/26/2004
32-0-05
AN ORDINANCE
Amending Various Sections of Chapters
9, 10, and 11 of Title 7 of the Evanston City Code
and Adding a Section Pertaining to Park Permits
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 7-10-3 of the Evanston City Code, 1979, as
amended, is hereby further amended by deleting said section in its entirety and
• substitutingin lieu thereof the following new subsection:
9
7-10-3: GENERAL REGULATIONS:
(A) Athletic Field Reservation System: The playground and recreation board may
develop and administer an athletic field reservation system.
(B) Practice on Tennis Backboards: Practice backboards may be used on tennis
courts from eight o'clock (8:00) a.m. to nine o'clock (9:00) p.m. only.
(C) Prohibitions on Tennis and Basketball Courts: No skateboards, bicycles,
motorized vehicles, rollerblades/skates or scooters are permitted on tennis courts or
basketball courts.
(D) Tennis Rules and Regulations: Posted "Tennis Court Rules and Regulations"
as adopted by the recreation board will govern use and conduct.
(E) Tennis Court Activity: The playing of tennis is the only activity permitted on
City tennis courts.
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(F) Private Instruction: Individuals providing private instruction for a fee in City •
parks must obtain a permit prior to the start of the instruction. City programs and the
City's duly authorized agents are exempt.
(G) Hours of Play: Use of basketballs on basketball courts is permitted only
between the hours of eight o'clock (8:00) a.m. to nine (9:00) o'clock p.m.
(H) Park Access Road Regulation: No person shall stop, stand, park, drive upon
or block a park access roadway except authorized emergency vehicles, municipally
owned, or authorized vehicles.
(1) Glass Containers: It shall be unlawful for a person to possess, bring, carry,
scatter, dump, deposit, leave or have under his or her actual physical control a glass
beverage container in or within a City park or beach. A "glass beverage container"
means and includes all glass receptacles including bottles, jars, and glass tumblers
containing potable liquids.
(J) Alcohol Prohibited: No alcoholic beverages are permitted on park property with
the exception of One -Day Liquor Service licenses for City -owned buildings pursuant to
Sections 3-5-6-X and 3-5-6-X1 of the Evanston City Code.
(K) Aviation Apparatus: It shall be unlawful for a person to bring, land, or cause to
ascend or descend or alight within City park property or within three hundred (300) •
yards of shore except when authorized any airplane, helicopter, flying machine, balloon,
parachute, or other apparatus for aviation.
SECTION 2: That Section 7-10-2(B) of the Evanston City Code, 1979, as
amended, is hereby further amended by deleting said section in its entirety and
substituting in lieu thereof the following new subsection:
7-10-2(B): PARKS: Unless otherwise specifically designated herein, the hours of
operation of public parks shall be six o'clock (6:00) a.m. to eleven o'clock (11:00) p.m. daily.
Fishing from lakefront parks is permitted only as follows:
(1) From the north and south walkways at the Church Street Boat Ramp;
(2) From five o'clock (5:00) a.m. to eleven o'clock (11:00) p.m. during the
months of April, May, June, July, August, September and October.
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• SECTION 3: That Section 7-11-6(F) of the Evanston City Code, 1979, as
amended, is hereby further amended by deleting said section in its entirety and
substituting in lieu thereof the following new section:
7-11-6: REGULATIONS ON CITY BEACHES:
(F) Peddling Food, Merchandise: It shall be unlawful for any peddler licensed
under the provisions of this code, except the City and its duly authorized agents, to sell
or offer for sale any food, beverages, or any other merchandise whatsoever in or within
one hundred feet (100') of the public parks enumerated in Section 7-10-1 of this Title
and Section 7-11-1 of the City Code.
SECTION 4: That Section 7-11-6(G) of the Evanston City Code, 1979, as
amended, is hereby further amended by deleting said section in its entirety and
substituting in lieu thereof the following new subsection:
7-11-6(G): REGULATIONS ON BEACHES:
• (G) Inflatable Objects: Launching of inflatable objects, surfboard type/ flotation
devices, and kite board devices is not permitted from City beaches or rights -of -way, or
within three hundred (300) yards of shore except when authorized.
SECTION 5: That Section 7-11-2 of the Evanston City Code, 1979, as
amended, is hereby further amended by deleting said section in its entirety and
substituting in lieu thereof the following new section:
7-11-2: AREAS PROHIBITED FOR BATHING PURPOSES: No swimming is
permitted from public rights -of -way not officially designated as public beaches or from
boats located within three hundred (300) yards of the public shoreline. Swimming is
permitted only on those portions of designated beaches that are guarded and posted for
swimming. Other than at designated beaches and the dog beach, no one is permitted
in the area between the peak of the down slope of the rocks and the water's edge.
SECTION 6: That Section 7-10-1 of the Evanston City Code, 1979, as
amended, is hereby further amended by deleting said section in its entirety and
• substituting in lieu thereof the following new section:
-3-
7-10-1: DESIGNATION OF PUBLIC PARKS 1:
The parks of the City and the areas of such parks are designated as follows:
Designation
Ackerman Park
Alexander Park
Baker Park
Barton Avenue Park (c)
(1957 Code, sec. 30-1)
Beck, Eugene Park (a)
(Ord. 125-0-82) 5.85
Bent, Horace E. Playing Field
(1957 Code, sec. 30-1)
Brummel Park (c)
Brummel-Richmond Tot Lot
(1979 Code)
Burnham Shores (Ord. 9-0-68)
Butler Drive, Isabella Park (a)
(Ord. 125-0-82)
Cartwright, Charles M. Park
(Ord. 8-0-75)
Centennial Park 2 (1957 Code,
sec. 30-1; amd. Ord. 90-0-63)
Chandler Park
Clark Square
Clyde & Brummel Tot Lot
Congregational Park (1957 Code,
sec. 30-1)
Crown, Robert Park (Ord. 74-0-73)
Curry, J. Seymour Park
(Ord. 125-0-82)
Dawes Park (1957 Code, sec. 30-1;
amd. Ord. 93-0-63)
Location
South of Central Street, east of
McDaniel Avenue
West side of Ridge Avenue, north of
Grove Street
South of Keeney Street, east of
Forest Avenue
North of South Boulevard, east of
Barton Avenue
That portion of canal banks easterly and
southerly of the sanitary district canal from
a point south of Lyons Street northeasterly
to Emerson Street
North of Harrison Street, east of
Cowper Avenue
South side of Brummel Street, east of
Elmwood Avenue
Northwest corner of Brummel Street and
Richmond Avenue
Lakefront from Dempster Street to
Hamilton Street
That portion of canal banks easterly and
southerly of the sanitary district canal from
Emerson Street to Bridge Street
Southeast corner of Grant Street and
Prospect Avenue
Lakefront, Church Street to University Place
North of Lincoln Street, east of
SDC channel
North of Kedzie Street, east of
Sheridan Road
North of Brummel Street at Clyde Avenue
North of Lake Street, west of
Judson Avenue
North of Main Street, east of Dodge Avenue
Northeast corner of Hinman Avenue and
Dempster Street
Dempster Street to Greenwood Street
extending the present Dawes park from
Church Street on the north to
Dempster Street on the south
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•
Acres
1.254
1.032
1.372
1.523
5.85
3.239
0.872
0.163
5.015
•
11.060
2.250
10.550
3.201
4.896
0.478
0.67
14.714
1.58
12.392
•
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•
Designation
Location
Deering Park (b)
East of Sheridan Road, north of
Clinton Place
Dobson-Brummel Park (1979 Code)
East of Ashland Avenue between
Dobson Street and Brummel Street
Eggleston, Edward Park (a)
North side of McCormick Boulevard
(Ord. 8-0-5)
between Bridge Street and the east line of
Hartrey Avenue extended
Eiden, Charles B. Park
West of Custer Avenue east of Sherman
(Ord. 79-0-73)
Avenue, extending from the south boundary
of Washington Street to the north boundary
of Madison Street
Elks Memorial Park (1957 Code,
North of alley north of Mulford Street east of
sec. 30-1)
Callan Avenue
Elks Park (c) (1979 Code)
North of Mulford Street, east of
Callan Avenue
Ellingwood Park
North of Harrison Street, east of
(1957 Code, sec. 30-1)
Pioneer Road
*Elliott Park (Ord. 10-0-68)
Lakefront, from Hamilton Street to
Lee Street
Firemen's Park (1979 Code)
South of Simpson Street west of
Maple Avenue
Foster Field
North of Foster Street, east of
•
Dewey Avenue
Fountain Square
Davis Street and Sherman Avenue
Fullerton Park (b)
North of Lincoln Street, east of
(1957 Code, sec. 30-1)
Ridge Avenue
Garden Park
Lakefront, north of Sheridan Square
Gilbert Park (1979 Code)
North of Emerson Street at Ashland Avenue
Grey Park (1957 Code, sec. 30-1)
North of Main Street, east of Ridge Avenue
Harbert, Elizabeth Boynton Park (a)
That portion of canal banks east of the
(Ord. 125-0-82)
Sanitary District canal, from Main Street to
Dempster Street
Harper Garden (a) (Ord. 9-0-86)
South of Lake Street, west of
Sherman Avenue
Hinman Avenue Park
641 Hinman Avenue
Hobart, Marcus A. Park (1979 Code)
Northeast corner of Ridge Avenue at
Foster street
Howell Park
North of Hartzell Street, east of
Walnut Street
Independence Park (1957 Code,
North of Central Street, east of
sec. 30-1)
Stewart Avenue
Ingraham, Samuel Gilbert Park
That portion of Civic Center property east of
(Ord. 98-0-91)
Asbury Avenue, south of Leonard Place,
and west and north of the Civic Center
•
parking lot
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Acres
2.506
0.458
1.837
1.110
0.189
2.954
0.150
7.624
0.542
5.128
0.087
0.528
1.355
0.435
1.557
13.50
0.083
0.196
0.143
1.147
1.412
11.64
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Designation
Location
Acres
•
James, Robert E. Park (1957 Code,
South of Oakton Street, west of
45.590
sec. 30-1; amd. Ord. 125-0-82)
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
Ladd Arboretum (a)
Southeast of McCormick Boulevard,
17.361
Emerson Street to Grant Street
Lake -Dodge Park (1979 Code)
Southeast Lake Street and Dodge Avenue
0.122
Larimer Park (1957 Code, sec. 30-1)
North of Crain Street, at Oak Avenue
1.427
Lawson, Lawrence 0. Park
East of Sheridan Road, north of
1.647
(Ord. 125-0-82)
Clinton Place
Leahy Community Park (1957 Code,
South of Lincoln Street, west of
3.966
sec. 30-1)
Ridge Avenue
Leider Park (c) (1979 Code)
North of South Boulevard, west of
2.079
Asbury Avenue
*Lighthouse Landing (Ord. 94-0-63)
East of Sheridan Road between Central
6.449
Street and Milburn Street, and the land
located at 2603-2609 Sheridan Road
Lomar, Leah Park (Ord. 117-0-68)
Southwest corner of Mulford Street and
1.705
Wesley Avenue
Lovelace, Walter S. Park
West of Gross Point Road, south of north
17.844
(Ord. 133-0-65)
City limits
•
Lunt, Cornelia Gardens (1957 Code,
North of Church Street, east of Judson
1.758
sec. 30-1; amd. Ord. 92-0-63)
Avenue and west of Sheridan Road
McCormick Park (a)
North and west of McCormick Boulevard,
3.000
(1957 Code, sec. 30-1)
Hawthorne Lane to Grant Street
McCulloch, Catherine Waugh Park
South side of Jenks Street between
1.703
(Ord. 8-0-75)
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)
Morris, Jennifer Park (Ord. 94-0-95)
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
Mulford and Florence Tot Lot
South of Mulford Street at Florence Avenue
0.277
(1957 Code, sec. 30-1)
Nichols Park (1979 Code)
North of Lee Street, east of
0.126
Elmwood Avenue
•
—6—
KWOZOR
• Designation
Oldberg, Arne and Mark Sloan Park
(Ord. 8-0-75)
Patriots Park (1957 Code, sec. 30-1)
Penny Park
Perkins, Dwight Woods Forest
Preserve (d)
Perry, Adam Park (Ord. 91-0-63)
Philbrick Park (1957 Code, sec. 30-1)
Porter, Harry Hibbert Park
(Ord. 125-0-82)
Quinlan Park
Raymond Park
Reba Place Park (c)
Ridgeville Park (c)
(1957 Code, sec. 30-1;
amd. Ord. 125-0-82; Ord. 9-0-86)
• St. Paul Park (south) (a) (1957 Code,
sec. 30-1; amd. Ord. 125-0-82)
Sargent, Celia Park (Ord. 125-0-82)
Smith, Elnora Park
South Boulevard Beach Park 1
(1979 Code)
Southwest Park (1957 Code,
sec. 30-1)
Snyder, Thomas E. Park
(Ord. 11-0-68)
Stockham Place Park
(1957 Code, sec. 30-1)
Tallmadge, Thomas Eddy Park
Torgerson, Frank S. Park
(Ord. 125-0-82)
Trahan, Benjamin Park (1979 Code)
Twiggs, William H. Park (a)
(Ord. 125-0-82)
•
Location
Intersection of Elgin, Sherman Avenue and
Clark Street
North of Davis Street east of Forest Place
South of Lake Street, West of
Ashland Avenue
North of Grant Street, east of
Ewing Avenue
1741 Hovland Court, and any future
adjacent additions thereto
South of Gaffield Place, west of
Sherman Avenue
Northeast corner Simpson Street and
Bennett Avenue
South of Lincoln Street, east of Elm Avenue
North of Lake Street, east of
Chicago Avenue
North side of Reba Place, west of
Custer Avenue
North of South Boulevard, east of
Ridge Avenue
South of Main Street, west of
Sherman Avenue
Northwest corner of Elmwood Avenue and
Reba Place
Southeast Ashland Avenue at Lyons Street
Lakefront, Sheridan Square south to
City limits
South of Seward Street, west of
Wesley Avenue
Southeast corner of Judson Avenue and
Kedzie Street
North of Hamilton Street, at
Michigan Avenue
Northeast of Maple Avenue and
Noyes Street
Northeast corner Jenks Street and
Poplar Avenue
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
Acres
0.330
0.475
1.139
7.102
0.551
0.652
0.253
0.399
1.746
0.338
1.971
0.563
0.083
1.065
2.579
0.566
0.254
0.364
3.66
0.559
0.483
9.05
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Notes to table: •
(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.
SECTION 7: That the Evanston City Code, 1979, as amended, is hereby
further amended by adding the following new section:
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:
i) Public Forums: Public Forum areas are large enough to accommodate
more than 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.
ii) Limited Use Areas: Limited Use Areas can accommodate less than 250
participants in the park (not on the streets) with sufficient parking. These areas are
primarily in residential areas and, no amplification is permitted.
iii) 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.
iv) 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.
•
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• 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 deem 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
A. Public
0. Limited Use
C. Areas or
D. Special
Amplification
Forums
Areas (Areas
Facilities not
Facilities
Allowed
(Areas large
for smaller
Designated for
(areas with
enough to
groups - less
Public Assembly
special
hold 250+
than 250,
(Areas unsuitable
facilities
persons)
primarily
for groups due to
such as
residential, no
size and/or location
fields, etc.
amplification)
other than City
for public
and/or City-
use)
sponsored events.)
ACKERMAN PARK
X
X
NO
ALEXANDER PARK
X
NO
BAKER PARK
X
X
NO
BECK PARK
X
NO
•
BENT PARK
X
X
NO
BRUMMEL-RICHMOND TOT LOT
X
NO
BURNHAM SHORES PARK /
DEMPSTER BEACH / AQUATICS
CENTER
X
X
NO
BUTLER PARK
X
X
YES
CARTWRIGHT PARK
X
X
NO
CENTENNIAL PARK / CLARK
STREET BEACH / BOAT RAMP
X
X
YES
CHANDLER PARK / COMMUNITY
CENTER
X
X
YES
CLARK SQUARE
X
NO
CLYDE-BRUMMEL PARK
X
NO
CONGREGATION PARK
X
NO
CROWN PARK / ROBERT
CROWN ICE COMPLEX AND
COMMUNITY CENTER
X
X
YES
CURRY PARK
X
NO
DAWES PARK / GREENWOOD
BEACH
X
YES
•
DOBSON-BRUMMEL PARK
X
NO
EGGLESTON PARK
X
NO
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Facility / Park
EIDEN PARK
ELLINGWOOD PARK
ELLIOTT PARK / LEE STREET
BEACH
FIREMAN'S PARK
FITZSIMONS PARK
FOSTER FIELD / FLEETWOOD-
JOURDAIN COMMUNITY
CENTER
FOUNTAIN SQUARE
GARDEN PARK
GILBERT PARK
GREY PARK
HARBERT PARK
HARPER GARDEN
HINMAN PARK
HOBART PARK
HOWELL PARK
INDEPENDENCE PARK
INGRAHAM PARK
JAMES PARK / LEVY SENIOR
CENTER
KELLY PARK
LADD ARBORETUM/ECOLOGY
CENTER
LARIMER PARK
LAWSON PARK
LEAH LOMAR PARK
LEAHY PARK
LEVINSON TOT LOT
LIGHTHOUSE LANDING / BEACH
LOVELACE PARK
LUNT GARDENS
A. Public
d. Limited Use
C. Areas or
D. Special
Amplification •
Forums
Areas (Areas
Facilities not
Facilities
Allowed
(Areas large
for smaller
Designated for
(areas with
enough to
groups - less
Public Assembly
special
hold 250+
than 250,
(Areas unsuitable
facilities
persons)
primarily
for groups due to
such as
residential, no
size and/or location
fields, etc.
amplification)
other than City
for public
and/or City-
use)
sponsored events.)
X
NO
X
NO
X
YES
X
NO
X
X
NO
X
X
YES
X
YES
X
NO
X
NO
x
NO
X
YES
X
NO
X
NO
X
X
NO
X
NO
X
YES
X
YES
X
X
YES
X
NO
X
X
YES
X
X
NO
X
NO
X
NO
X
X
YES
X
NO
X
YES
X
X
YES
X
NO
•
•
32-0-05
Facility / Park A. Public -B. Limited Use C. Areas or D. Special Amplification
Forums
Areas (Areas Facilities not
Facilities
Allowed
(Areas large
for smaller Designated for
(areas with
enough to
groups - less Public Assembly
special
hold 250+
than 250, (Areas unsuitable
facilities
persons)
primarily for groups due to
such as
residential, no size and/or location
fields, etc.
amplification) other than City
for public
and/or City-
use)
sponsored events.)
MASON PARK X
X
YES
MCCORMICK PARK
X
NO
MCCULLOCH PARK
X
NO
MEGOWEN PARK
X
NO
MERRICK ROSE GARDEN
X
X
NO
MONROE TOT LOT
X
NO
MORRIS PARK
X
NO
OLDBERG PARK
X
NO
PATRIOTS PARK
X
NO
PENNY PARK
X
NO
PERRY PARK
X
NO
PHILBRICK PARK
X
NO
•
PORTER PARK
X
NO
QUINLAN PARK
X
NO
RAYMOND PARK
X
YES
SARGENT PARK
X
NO
SMITH PARK
X
NO
SNYDER PARK
X
NO
SOUTH BOULEVARD BEACH /
PARK
X
YES
SOUTHWEST PARK
X
NO
ST. PAUL PARK
X
NO
STOCKHAM PLACE PARK
X
NO
TA.LLMADGE PARK / NOYES
CULTURAL ARTS CENTER
X
YES
TORGERSON PARK
X
NO
TRAHAN PARK
X
NO
TWIGGS PARK X
X
YES
(2) Public Review of
Proposed Designation: Simultaneous
with the
transmission to the City Council of the plats or maps required by this ordinance,
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
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copy shall be available for public inspection and copy in the City Clerk's office during is
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, 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:
i) conduct a public assembly, parade, picnic, or other event involving more
than thirty (30) individuals;
ii) conduct any exhibit, music or dramatic performance, fair, circus, concert, •
play, church service, radio or television broadcast, other than a news transmission;
iii) exhibit or display any motion picture, television program, light or laser light
display, or similar event;
iv) operate a vehicle, except upon a publicly dedicated street, alley,
watercourse or other thoroughfare which may abut or traverse a park;
v) 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;
vi) 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;
vii) station or use any electrical or electronic device or equipment that would
require outdoor auxiliary power;
viii) display, post or distribute any placard, handbill, pamphlet, circular, book
or other writing containing commercial advertising matter within the Park System (as .
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is described in Title 4: Business Regulations, Chapter 12: Sign Regulations within this
Code and 3-4-2-2);
ix) conduct an organized sporting event;
x) ride any horse on any driveway, roadway, path or trail, park property; or
A) 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 (500)
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 (500) individuals.
(D) Application for Permits.
(1) Filing Written Application.
i) 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:
•
(a) an event involving more than thirty (30) individuals;
(b) advertising or commercial activities;
(c) activities involving more than one park;
(d) a religious or partisan political event;
(e) 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;
(f) stationing or erecting any building, stand bandstand, stage, tower, tent,
canopy, scaffold, sound stage, platform, rostrum or other structure;
(g) use of any electrical or electronic device or equipment requiring outdoor
auxiliary power;
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(h) 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;
(i) riding of a horse or horses; or
0) use of mechanical rides (which may be permitted only on hard surfaces).
ii) 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.
iii) 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
paragraph (D)(1)(i), above, 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.
iv) 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 this chapter, Section
(D)(1)(i), above, 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, Section 7-10-8(E), no •
application for permit shall be granted unless the applicant has paid, within the time
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. 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 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.
i) 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;
ii) 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 Section 7-10-8(F), below.
An assessment of damages or fine in excess of the security deposit shall be subject to
the appeal procedures contained in Section 7-10-8(F), below.
(6) 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
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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 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 or 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 Section 7-10-8(D), 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 Section 7-10-8(E)(2), above. 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 Section 7-10-8(E)(2), above.
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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 or 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:
i) the application for permit (including any required attachments and
submissions) is not fully completed and executed;
ii) 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;
iii) the application for permit contains a material falsehood or
misrepresentation;
iv) the applicant is legally incompetent to contract or to sue and be sued;
v) 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;
vi) 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 applicant
• authorizing uses or activities which do not reasonably permit multiple occupancy of the
particular park or part hereof;
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vii) 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;
viii) the proposed use or activity is prohibited by or inconsistent with the
classifications and uses of the park or part thereof designated pursuant to this chapter,
Section 7-10-8(A), above.
ix) 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;
x) 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;
xi) 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; or
(6) Amendment or Revision of Applications: Any amendment or revision
of an application or 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.
i) 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 ordinance 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.
ii) 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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• iii) 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;
(1) Form of Appeals: Any appeals filed pursuant to this ordinance 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.
(2) 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 and 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 Section 7-10-8(F), above.
•
(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
$750. 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 this chapter, Section 7-10-8(D)(4), above. Any
assessment of fines in excess of any security deposit shall be subject to the procedures
contained in Section 7-10-8(F), above.
(H) Severability: If any provision of this ordinance or the application thereof to any
person or circumstance be held invalid, the remainder of this ordnance 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 ordinance 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 8: That all ordinances or parts of ordinances in conflict herewith •
are hereby repealed.
SECTION 9: 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: 6I
Adopted: 2g
Attest:
r
,6,L1
Mary P. ri Ci ;Clerk
Appr6ped as to fornK.
on Counsel
, 2004
, 2004
ppr 2004
Lor aine H. Morton, Mayor
•
•
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