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HomeMy WebLinkAboutRule 08 - Rules Relating To The Use Of Park Facilities (Effective Date 12-3-15)� . . > � . ■ _ - : , $. : � : \. ■� ® * ■ 2� � $ �, � L \ �� » f ? \-�.� ..a . � �.■�. e �� <�� . � lall \\�\.A, d I2$. . .. MI : $ - ■ f - © * . - Section 1 Scope 1 Section 2 Definitions 1 Section 3 Rules Relating to Director's Authority to Prohibit Use 2 Section 4 Rules Regulating Conduct in Park Facilities 2 Section 5 Rules Relating to Operation and Parking of Vehicles 4 Section 6 Rules Applicable to Persons Having Exclusive Use of Park Facilities 4 Section 7 Co -Sponsored Activities 9 Section 8 Rules Relating to Use of the Skeet and Trap Range 9 Section 91 Rules Relating to Use of the Outdoor Archery Range 10 Section 10 Rules Relating to Beach Parks 11 Section 11 Insurance Requirements 11 A. Required Insurance Coverage 11 B. Required Insurance Coverage by Specific Activity 12 1. Carnivals and Fairs with Rides 12 2. Drag, Motorcycle, BMX Races 13 3. Horse Races and Rodeos 13 4. Fairs without Rides 13 5. Canoe Regattas 13 6. Concerts, Festivals, Ho"olaule'a, 13 Section 12 Severability Clause 113 10129151 :9010111110111 "S Section I Scope 11 Man 1 Fil n 0 • As used in these rules, except as otherwise required by the context: A. "Adult" shall mean any individual eighteen (18) years of age or older who is competent to enter into a contractual agreement. B. "Alcoholic Beverage" shall mean beer, wine, liquor, spirits and other liquiid substance capable of producing an intoxicating effect. C. "Department" shall mean the Department of Parks and Recreation of the County of Hawai'L D. "Director'° shall mean, the Director of the Department of Parks and Recreation, County of Hawai'ii. E. ':'Minior" shall mean any indiivid ual younger than eighteen (18) years of age. "Park facility"shall mean the entire area of land or property administereda controlled, operated, or maintained by the Department of Parks and Recreation, County of Hawail, for public recreation purposes, including land or property joint�lly maintained or controlled with any other governmental agency, The term "park facility" shall also mean all structures,, buildings, sheds, parking areasi, roads, fences, rock walls, and sidewalks located upon such land, G. "Person" shall mean and include an individual, partnership, corporation, association, trust, organization, or any entity comprised of individuals. "Person with Disabilities" shall mean, with respect to an individual, a physical or mental impairment which, subone or more major life activities of such individual, a record of such an impairment nor being regarded as, having such an impairment. "Service Animal"' shall be defined by the current Americans with Disabilities Act, Title 11 and Title III rules. J. "Vehicle," shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon, including devices moved by human power and including, but not limited to, devices such as 1 bicycles,, wagons, motor vehicles, scooters, motorcycles, skateboards, anA roiller skates. Qection 3, Rules Relating to Director's Authority to Prohibit Us—. A. The Director oir the Director's duly designated representative may prohibit any person from using any park facility or portion thereof when the Director has reason to believe that such person poses a threat, to; the health, safety, or welfare of persons or property at such park facility or when, such person has previously failed to comply with or abide by the ruiles and regulations of the Department. The Director may prohibit such person from using a park facility until such time as the Director or the Director's d�uly designated representative is reasonably satisfied that such person intends to abide by all rules, and regulations, laws, or ordinances concerning such person's conduct or use of the park facil'i :ity, The person shall be notified in writing of the specific peod�. During this period, if any further problems arise, the Director or the Director's duly designated representative reserves the right to extend the period,. Any person aggrieved by the decision of the Director or the Director's duly designated' represent,atiive to prohibit a persioni's use of any park facil�ity shall have the riN ht to, appeal the Director's decision withiin: thirty (30) days of such decision, pursuant to Rule 1 of the Rules and Regulations of the Department of Parks, and Recreation. Section 4 (Rules Regulating Conduct in Park Facilities X Only rubber -soled shoes may be worn in gymnasiums unIess the floors of such gymnasium have been protected from damage, with mateirials approved by the Director, Rubbeed wheelchairs or other as,sistivei mNN devices may be used in gymnasiums with discussion, inspection anN peirmiission of staff at the facil'ities,. N No person may attach or affix nails, tacks, staples, or screws in or upon any portion of the park facility or apply paint thereon, without the express written permission of the Director. C, No person may remove, alter, or disturb any part or portion of a pubilic building, s,ign, equipment, monuments, markers, fences, rock walls, or any other, structure located upon a paout the written permission of the Director. DThe storage of privately owned materials, equipment, clothing, supplies, any Iw ther such personal properon or about any park facility witho fro for any private!ly owned materials that are damaged or stolen m the facility. E. The use of water at a park facility by any person for a purpose not connected with such person's authorized recreational use of such faciIlity is prohibited. F. All trash, garbage, rubbish, and other refuse materials shall be placed in receptacles provided by the Department for such purpose or shall be I removed from the park facility if such receptacles are unavailable or are filled to, capacity, Failure to do so will result in forfeiture of the security deposit, G. No person shall transport any trash, garbage, rubbish, or other refuse materials from private households or commercial activities and discard I them in litter receptacles or at any other place! in a park facility. H. No person shall play or, engage in any aspect of the sport of golf on or about any park facil�ity, except for the Hilo Municipal Golf Course and other areas designated by the Director for goIlfinig activities. No person shall remain in, enter upon, or be present at any park facility at 2ny time other than the posted operating hours withod permit issued by the Director therefor, J Any person whose intenided use of a park facility poses a risk of damage to the floor of such facility must first cover such floor with a protective mateirial approved by the Director. K, No animals shall be! permitted on or within any park facility except as fol�lows: w w wl I I II I I♦I I I I I I I I I I I! I I Ii I Ii I I III I I I I I I I I I III I I I: I I I I w-� M 31. When authorized by the Director, L. Temporary structures reqiuiri:ng a permit shall be assessed a flat fee of ten dollars ($,10) per permiit. 1% Lessees or other members of the public who start using a pavon before 8:00 am. on weekdays and 9:00 aim. on weekends and observed holidays will forfeit'ithe option of ha�ving Department personnel clean the pavilion prior to it being used. N. Smoking or the use of anily tobacco products,, or the use of electronic smoking devices is •• -• B. Parking of vehicles on or about park facilities shall be prohibited between the hours of the specific park closure and 6-00 am., unless, the person controlling such vehicle is auithorized to be present at such park facility during such time by a valid permit issuedi by the Director or by invitation of a person having a valid permit therefor. IN I DAny person operating a vehicle on or about a park fac:iility shall obey all traffic control devices, directional roadway markings, and other signs or gnals posted by the Director. gectioIn 6 Rules Applicable to Persons Having Exclusive Use of Park Facilities A. N�o person shall be entitled to the exclusive use: of a park facility or any portion thereof unless such person has first obtained a permit authorizing such exclusive use from the Dilre,ctoIr. The fees and charge assessed foir I such use, and policies related to such use, shall be in accordance with the rd Public meetings, assemblies, gatherings, demonstrations, parades and other expressive activities are permitted within park areas on lands, which are open to the general public, provided a permit issued by the Director shall be required when the public meeting, assembily, gathering, demonstration, parade, or expressive activity involves seven!ty-five (75) or more persons. I As used in this, section, "expressive activities"' means speech or conduct, the principal object of which is the expression, dissemination,, or co mim uin !cation by verbal, visual, literary, or audiitory means of political, religious, philosophical, or ideological opinions, views, or ideas and for whiich no fee is charged or required as a condition of the participation in or attendance at such activity. Expressive activity generally would not include sports events, fundrais,ing events, beauty contests, commercial events, cultura,l celebrations or other events where! the principal purpose is entertainment. a. To expressive activities organized or planned fewer than twenty (20) days in advance of such expressive activity in response to news or affairs coming into public knowledge in which case the organizer shall provide written notice to the County as soon as practicable prior to such expressive activity; or b. To students, when constituting a part of their educational activities and under the immediate direction and supervision the proper school authorities or to any governmental agency within the scope of its functions. I CCommercial activity without a permit is prohiibited; provided, that this section shall not apply to transactions with, authorized concessionaires, Commercial activity includes, but is not limited to, the exchange of buying and selling of commodities; the providing of services related to or coninected with the trade, traffic or commerce in general; anyactivity performed by the commercial operator or its employees or agents in connection with the delivery of such commodities or services. Commercial activity does not include commercial speech or the, distribution of handbills. D. Permits for the exclusive use of any park facility or part thereof shall be, issued on a first-come, first-served basis but may be denied any person, when: 1,The number of persons who are anticipated to use the facility exceeds the design capacity of the park facility; 2. The nature of the activity to be conducted at the facility would pose an unreasonable risk of injury to persons, property, or the park fa,ciility; 3, Repairs or improvements will be madeto the facility during the period of intend�eid use; 4. Such persodeemed by the Director to ed any rule or regulation pertaining to, the use of park facilities within the year pirecedg the date of application; 5o The use is deemed by the Director to be a regularly scheduled commercial, rel�igious, or other non -recreational activity which would tend to reduce the availability of the facility for recreational use; E. Applications for a permit shall be filed with the Director at least twe0) days but not more than one hundred eighty (180) days before the date on whiich it is proposed to conduct any such activity, provided that this requirement shall not apply to "expressive activity" as defined' in Section 6 (B) above. I TdMd__IW Tr r­Iq#-q-Cff ff •f-Arf 11TAFI-,, 2ctivity; 3. The name, address, and telephone number of the person who will be the chairman of such activity and who will be responsible for its conduct; 4. The name, address, and telephone number of the, person or organization to whom the permit is to be issue,d-, In 0 � MUT-0 I 9 8. The hours when such activity will start and terminate; 9. If the activity is designed to be held by, and on behalf of or for, any person other than the, applicant, the appl'icant for such permit shall file with the Director a communication in writing from such person 4 proposing to hold such activity, authorizing the applicant to apply for the permit on that person's behalf; and 10. A statement of equipment and facilities to be used in connection with the activity. F No permit for exclusive use shall be issued to any person other than an adult, G. Any person to whom a permit for exclusive use has been issued shall clean and restore the park facility to its pre -use condition before departing from such park facil'it�y. The failure to clean, repair, and restore the park facility shial�l result in the forfeiture of any bondor security deposit tendered by such, person and the person to whom the permit was, issued sha, 11 be liable for any additional costs incurred by the County in cleaning, repairing, and restoring the facility, H. Reservations for the exclusive use of a park facility or any portion thereof must be made in writing and submitted at least twenty (20) days but not more than one hundred eighty (180) days before the date on which it is, proposed to conduct any such activity, provided that this, requiremient shall not apply to "expressive activity" as defined in Section 6 (B) above, (unless approved by the Director), except for campiing permits and the rental of picnic pavilions. All deposits, bonds, and/or user fees must be paid within such deadline, Upon execution of an agreement or permit for exclusive use by the Director, and upon payment of all fees, bonds, and deposits applicable thereto, the reservation shal�l be deemed confirmed, I, Unless otherwise provided, reservations, cance,led by any person, less thiar two (2) weeks prior to the date for which a park facility has been reserved shall result in the forfeiture of any rental payment, or user fee tendered, unless, the cancellation is directly due to an act of Goid or circumstances beyond the control of the person making the reservations. W cancels any reservation, all rental fees, bonds, and deposits advanced shall be returned tothe person making the reservation, without interest, and the Director shall inform such person of the cancellation as soon as possible. K. 'The Director may require that an employee from the Department attend a function sponsored under an exclusive use permit when in his opIinion, consideraof healthsafety, and welfare to person or property require such attendance,, An, hourly fee for such service shall be charged pursuant to the rates specified in these or other rules and regulations of the Department. No person, to whom a permit for the exclusive use of a park facilfty has been issued shall assign any part or portion of the rights to the excl'usiive use of the park facility to any other, person without, the prior written coInsienii of the, Director,, M. As a condition of the issuance of a permit for exclusive use, the Director shall' requIire the person to whom such permit has been issued to defend, indemnify, and hold harmless the County of Hawai'Ii, Its agents, officers, and employees, from and against any and all damages, clailims, actions, demiands, or proceedings for property damage, personal injury, or wrongful death, arising out of, resuilt�ing from, or connected with, the activities or use conducted at any park facility or part thereof or the violation of any rule, ordinance, or law by the person to whom the permit, has been issued, except when such damages are caused solely by the negligence of the County, N. In order to ensure that the person to whom an exclusive use permit has I been issued can satisfy the duty of indemnification, the Director may o requiire such person to procure a poilicy of public liability, medical and property damage insurance, naming the County od its officers, a,gent�s, and employees as additional insureds, in an amount or amounts suff 11clent to! cover anticipated risks engendered by the activity to be conducted under the exclusive use permit. Such insurance may be required whenever the nature of the activity to be conducted creates a potential risk of property damage, personal injury, or death. (See Section 11 for all other insurance requirements) OProof of coverage for any insurance required under these rules, shall be submitted to the Director when applying for a permit for an event for which:, insurance is required. The Director reserves the right to cancel the permit if insurance requirements are not met. special events and tournaments by the hiring of either Spec:ial Duty Hawal'i County Police, Officers or licensed security guards, The lessee shall' submit written evidence confirming the hiring of the required number #f security personnel fourteen (14) days prioir to the scheduled activity., The minimum number of security personnel required for any activity sha,ll be determined by the Director or the Director's duly designated representative., A ll'I , lessees of Department facilities are responsible for ensuring their use compl'ies with, the current Americans with Disabilities Act. A. At all functions, activities, or events sponsored or co-sponsored' by the Department and any person, the person co -,sponsoring the event sha,ll defend, indemnify, and holdthe County of Hawai1 and its officers, agent and employees harml; ess from and against any and all damages, claims, actions, demands, or proceedings for property damage, personal injury, wrongful death, arising out of, resulting fromi, or connected with the activities or use conducted at any park facility or part thereof by the pers to whom the permit has en issued. I be B. In order to ensure that the person to whom an exclusive use permit has been issued can satisfy the duty of indemnification, the Director may req�ui'lre such person to procure a policy of publ�ic liability, medical and property damage insurance, naming the County of Hawai'i, its officers, agents, and employees, as additional insureds in an amount or amounts sufficient to cover anticipated risk engendered by the activity to be conducted under the! exclusive use piermit. (See Section 11 for all other insurance requirements,.) X Attendants employed by the Department of Parks and Recreation or by.. the Lessee shal�l be on duty to open and secure facilities and to, ensure t enforcement of ruiles and regulations. I B, The skeet and trap machine and related equipment shall be made available for public use at the times chosen by the Director. The loading i and opera' tion of such machines and equipment shall be the responsibility of the assigned attendant or other assigned individuals who have been cl�eared for operational efficiency by the attendant�. a 10101411 A[! Rol &I gi HN 9 facilities,. D, Maximum size of shot allowed shall be No. 6, and minimum size shall' b(;, optional, except in competition wherein various tournament rules shall apply, E, Persons not authorized by attendant shall not be permitted to; enter any of the skeet and trap houses, All loaders, of skeet and trap machines shall be cleared for operational efficiency by the skeet attendant. Children under the .we of eighteen (18) years old shall not be permitted to shoot unless cleared for competency to handle weapons by the attendant. Verification of an individual's age shall be required by the attendant whenever an individual's true age is in question. All children under the a,ge� of eighteen (18) years old shall be under the strict supervision of a parent, guardian, or a responsible ad�ult,, G. Individuals violating any rules contained herein shall forfeit all rights and privileges with respect to the use of the range facilities for that period of time as shall be determined by the Director or the Director's duly designated' representative. Appeals regarding the decision of the Director shall' be submitted in writing to the Director within ten (10) days foHowing notification of forfeiture, III I I I 1 19 1 1• T III I ff --Ty oxemr-T-T-W 7. R F•I II IIINIIIII I II I RIF II I C Archers shall inspect their equipment before shooting. Damaged equiipment such as, cracked or broken arrows or bows, short arrowsi, or frayed string shall not be used. D. Archers shall only shoot arrows at authorized targets. No, person, animal, tree, or any other object shall be used as a target�. I E. An, archer shall not shoot at a target until the archer has inspected the target and the area behind and around the target and is, sure that the! target is capable of stopping the archer's arrows andthat no persons or animals will be endangered by the archer., F. Archers shall nock their arrows only on, the shooting line and with the arrow pointed in the direction of the target. 10 IN Mol W. - i i I 'I , IN oil NUMIA21 Ir.-APHIMMAK I II �,IVMAIRIIIO K Archers may retrieve or pull their arrows out of thetargets onily after all archers, on the shooting line have ceased shooting their arrows. Two (2) archers for each target may go forward to retrieve their arrows. Archers shall stand to the side of the target when pulling their arrows and shall make sure that no one is, standing behind' the arrows as the arrows are being pulled out of the target. Archers shall pull out their arrows one! at a time and shall place the arrows in a quiver. Archers shall' return to the waitinN line after they have retrieved all of their arrows. A-57'aw, swow,7176, TTYR-Ir-,77713 J Archers shall not be under the influence of any alcohol or any drugs o medication, prescribed or unprescribed, which could affect tl�e arJcher',-;- performance or judgment. JNo food shall' be sol'd'to the public until the vendor has obtained all applicable permits from the Department, of Health and has received prior written permission from the Department's Hilo District Supervisor and the Recreation Director oRecreation Center. K Requests for exclusive use of the Outdoor Archery Range may be made at the Wai5kea Recreation Center, A. The storage of all boats, rafts, jet skis, kayaks, surfboards or similar devices at any County beach park without the express permission of the Director shall be prohibited unless such activity is required for emergency purposes but in no event to exceed forty-eight (48) hours., Refer to Hawai'� County Code, Chapter 15, Section 15-32 and 15-34 for other applicable rules. A. Required Insurance Coverage: FigasiWoMM-2 0 K I a it Ma K 120-1-1XIM S. � I II carrier to provide the Department of Parks and Recreation with written notice of any pol�icy changIe. Lessee shial�l obtain, at its own expense, public liability, medical and property damage insurance in the following amounts as determined by the Director, depending upon the anticipated or potential risks engendered by the activity conducted or sponsored by the Lessee: 1. From one hundred thousand dollars ($100,000) minimum up to five hundred thousand dol'ilars ($500,00,O)i maxiImium for bodily injury to each person; 1 11 11 111� 0 11161NOT014 I IWAV1111 1111 Nl*]L%- oldi !k t*]LVJ 8. Said policy shall contain a cancellation clause providing in substance the following language: "it is agreed that this pol�icy shall not be canceled, altered, or amended, nor the amounts of coverage provided herein reduced, unless the Department of Parks and Recreation shall have been given thirty (30), days' prior written notice of such cancellation, alteration, or reduction." 6. No policy shall be acceptable unless first approved �by thie Department of Parks and Recreation. III IIIIIIISIIIIIIIII MMEM 1. Carnivals and Fairs with rides: 12 +� - • raw � '» X11 ��1 .s ^�� � - - • +� w• X41 •�^ �. -s= thousand •• 111 -dical' coverage. -31-:JNM» + .w- » •.10TOM Me damage and five thousand •w 001) medical coverage. MMMMI�,�M Three hundred thousand dollars ($300,000) liability ea occurrence, twenty thousand dollars ($20,000) propert damage and five thousand dollars ($5,0100) medical coverage. occurrence,Three hundred thousand dollars ($3010,000) liability each a r• ($20,000) property damage and five thousand dollars ($5,0001) medical coverage. Three hundred thousand d >w- wr•llars ($3001,,0 occurrence, twenty thousand dollars ($20,OiOO) property •« „w- and five thousand • 0medical coverage, Section 12 Severability Clause 13 All policies, certificates, and endorsements shall be senit to, the Department of Parks and Recreation, County of Hawaii, 101 Pauahi Street, Suite 6, o, Wow,21i"i 967'20. IV 1019:4111111110q 0illlme 1, Clayton S. Honma, Director of the Department of Parks and Recreation of the County 1. That the foregoing is a full, true and correct copy of the amendlments to the Rules, and Regulations of the Department of Parks and Recreation on matters relating to the Use of Park Facilities which were adopted on November 10, 2015, after public hearings were held in Hilo and Koina on November 9, 2015 Z That notice of the public hearings on the foregoing rule, whiich included a statement of the substance of the proposed rule, was published! in both thi(;� Hawal'! Tribune -Herald and the! West �Hawai'i Today on October 5, 2015. CLA ONMA, Director Department of Parks and Recreation County of Hawai'i WILLIAM P, KENOI Mayor County of Hawai'i Deputy Corporation Couiinsel County of HawaVi I hereby certify that the foregoing rules were received and filed in the Office of the County Clerk this 23rd day of November 2015. Clerk Co County of Hawal'i is