§ 39-73. Issuance; limitations on scope.

(a)

The manager of parks and recreation shall issue said permit on the receipt of an application as set out in section 39-72, provided that:

(1)

The facility desired has not been reserved for other use at the day and hour requested in the application; and

(1.5)

Historic usage scheduled events and assemblies, where the same applicant has been granted use of a particular park at a particular date, time and place for more than two (2) consecutive years, shall have priority for that park for that date, time and place;

(2)

Where the event will have more than twenty-five (25) participants, be catered, involve the use of a truck, or, in the opinion of the manager, require the city to expend funds over and above the normal costs of operating and maintaining the permit area, the applicant for the permit has deposited with the manager a sum of money sufficient to defray any cost to the city of the permitted event;

(3)

The stated purpose is not to incite to violence or crime or the overthrow of the government by force;

(4)

The use of fireworks, including fireworks displays otherwise permitted by law, shall not in any event be permitted in any park designated as such pursuant to the Charter; and in no event shall permits for such fireworks displays be issued by the fire department when such displays are proposed to be held in such parks of the city; except, that this subsection shall not apply when toy cannons or blank cartridges are used in connection with scheduled and permitted cultural events, including concerts, plays and the like, or in connection with scheduled and permitted athletic events, including bicycle races, foot races and the like.

For the purposes of this subsection, the term "fireworks" means any article, device or substance prepared for the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration or detonation, including without limitation, the following articles and devices commonly known and used as fireworks: toy cannons or toy canes in which explosives are used, blank cartridges, the type of balloon which requires fire underneath to propel the same, firecrackers, torpedoes, skyrockets, rockets, roman candles, dayglo bombs, sparklers, fountains, and torches, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other devices containing any explosive substance. "Fireworks" does not include: toy caps which do not contain more than twenty-five hundredths (0.25) of a grain of explosive compound per cap; nor trick matches, cigarette loads, trick noisemakers, toy smoke devices, and novelty auto alarms; nor highway flares, railway fuses, ship distress signals, smoke candles, and other emergency signal devices.

(b)

Each permit shall pertain to a single, specific event and shall give to the sponsors thereof precedence over unscheduled events in such facilities.

(Code 1950, § 311.4; Ord. No. 64-82, § 1, 2-16-82; Ord. No. 64-94, § 1, 1-31-94; Ord. No. 55-08, § 2, 2-4-08)

Cross reference

Park permit fees, § 39-121(10).