[Ord. of 8-15-1995]
(a)
Pursuant to G.S. 7-148(c)(4)(C), 7-148(c)(6)(A)(i), 7-148(c)(7)(H)(vii)
and 7-148(c)(10)(A), there is hereby established a Parks Use Committee
consisting of the Public Works Superintendent, Recreation Director,
and the Chief of Police of the Willimantic Service District. The Recreation
Director shall, unless otherwise determined by the Committee, be its
chairman.
(b)
The Committee shall:
(1)
Monitor the use and condition of all town property used, regularly
or intermittently, for recreational purposes;
(2)
Make recommendations to the Board of Selectmen, from time to
time, concerning the condition and use of such property; and
(3)
Act upon applications for use pursuant to and in accordance
with this section.
(c)
Any person (including organization) desiring to use any of such property
shall apply for a permit for such use to the Recreation Department
at least four weeks in advance, which application shall contain:
(1)
Name, address and telephone number of applicant;
(2)
Date, place, time and anticipated duration of the proposed use;
(3)
Anticipated size of the gathering;
(4)
Whether music will be played;
(5)
Whether a sound system will be used;
(6)
Whether food or beverages will be available on-site;
(7)
A request for town or service district services necessitated
by special needs, if any;
(8)
A signed commitment that the applicant will be responsible for
the removal of any debris generated by the event and the repair of
any damage to such property occurring during the event; and
(9)
A request, if desired, for a formal hearing before the committee.
(d)
If the property is available at the time and place applied for, the
Recreation Director shall forward the application to the Committee
chairman.
(e)
The Committee shall act upon such application as follows:
(1)
The Committee, based on the application and on other information
it deems relevant, may condition its approval on the applicant's deposit
of a sum sufficient to cover the cost of anticipated damage and debris
removal. If such deposit is required, the committee shall cause an
accounting of the use thereof, with the unused portion, to be mailed
to the applicant within two weeks after the event;
(2)
The Committee shall condition its approval on the presentation
of a liability insurance binder, covering the event and naming the
town as an insured, in an amount sufficient for such purpose. In this
regard, the Committee may consult with, and be guided by the advice
of, the town's risk manager;
(3)
If special town or service district services are requested,
the Committee may condition its approval on a requirement that the
cost of such services, as estimated by the town Controller, be paid
in advance;
(4)
The Committee may deny the application because of its potential
for off-site impact based on the size of the gathering, noise, timing
and other relevant factors; and
(f)
The Committee may process any application informally; or either at
the request of the applicant or by its own determination process the
application formally, in which case the Recreation Director shall
determine a date, time and place for a hearing and cause notice thereof
to be given to the applicant and [to be] posted at the site of the
proposed event and on the Town Clerk's notice board at leave five
days before such hearing. The hearing shall be conducted with such
formality as the committee requires and may include input from neighbors
to the proposed site who might be affected by the event. Minutes of
the hearing may be kept in lieu of a transcript.
(g)
Notice of the Committee's decision, in all cases, shall be mailed
to the applicant within two weeks of the date the application is filed
with the Recreation Director.
(h)
Notwithstanding the provisions of Subsections(e) through (g) above, should any application require a special determination, the same shall be forwarded forthwith to the Board of Selectmen for action in accordance herewith. In such event, the board shall, pursuant to Subsection (e) through (g) above, process and decide such application, except that, where a formal hearing is not requested, the board must nonetheless conduct itself pursuant to Article V, Section V-4 of the Charter and its own rules of procedure. The following proposed events shall be deemed to require special determinations:
(1)
Carnivals;
(2)
Events which, in the opinion of the Recreation Director in consultation
with the First Selectman, have the potential for significant off-site
impact;
(3)
Events which, in the opinion of the Recreation Director in consultation
with the First Selectman, involve partisan issues; and
(4)
Events at which alcoholic beverages will be distributed on-site.
[1]
Editor's Note: Former § 13-51, which contained provisions
on the use of parks and other City property, adopted 6-12-1972, was
repealed 8-15-1995.
