§ 6.04.210. Use of City facilities and services—Full fees.

A.

For purposes of this section, the following words shall be defined as indicated:

1.

"City facility" means any property, personal or real, owned by the City including but not limited to any public space, grounds, park, athletic facility, field, dock, pier, wet slip, mooring, developable waters, building, motor vehicle, equipment, structure, room or other parts of public buildings. City facilities shall not be interpreted to include public transportation vehicles used under an established route or schedule, equipment used by City employees in rendering municipal services in the usual course of City operations or the use of public rights of way unless closed to public access and/or to general vehicular traffic.

2.

"City services" means traffic control, crowd control, security, public safety support (police or fire), trash removal, sanitary services, recycling, bulk pick-up, the provision of water, sewer, electricity, communications or other utilities, transportation, labor or other work.

3.

"Full fees," in the case of a City facility, means the value of the right to lease, use or occupy the City facility as determined by the Finance Director in a fiscal impact note, plus all costs incurred by the City as a result of the facility's use by the person, including but not limited to utility costs and costs associated with increased municipal services (public safety, public works, custodial, renovations, repairs, maintenance, transportation and parking) attributable to the use of the City facility by the person.

"Full fees," in the case of City services means the City's cost in providing the service as determined by the Finance Director based upon the salary and benefits of the City employee's rendering the services.

4.

"Person" means any individual, partnership, group, association, corporation (including nonprofit corporations) or other entity but not any City employee, board, commission, committee, agency or unit engaged in City-sponsored activities or duties imposed under this code or City Charter.

B.

Except as provided in Subsections D and E of this section, whenever a person leases, uses or occupies a City facility, the person shall be charged and pay a minimum of full fees for the use of the facility. Nothing in this section shall preclude the City from charging more than full fees in a lease.

C.

Except as provided in Subsections D and E of this section, whenever a person receives City services in connection with the leasing, use or occupation of a City facility, or in connection with a special event, parade or gathering, the person shall be charged and shall pay full fees for the services.

D.

The requirements of Subsections B and/or C of this section may be waived in the following instances:

1.

Whenever the Mayor determines that the full fees associated with the use of a City facility or service is de minimus (less than three hundred dollars) or budgeted in the general fund, including but not limited to such de minimus or budgeted uses of City facilities by recreational leagues, civic associations, senior citizens or educations groups;

2.

Parking fees (meters, surface lots and garages) may be waived or adjusted in the discretion of the Mayor from Thanksgiving to January 3rd, or any part thereof, of each year; or

3.

For leases with terms of less than one month, provided the waiver and fees waived are expressly referenced in the lease.

4.

By resolution of the City Council pursuant to guidelines approved by the City Council.

E.

The requirements of Subsections B, C and D of this section do not apply to:

1.

Rallies, parades or gatherings held for the purpose of exercising constitutionally protected rights of speech, religion or assembly on parks or sidewalks; or

2.

Rallies, parades or gatherings held for the purpose of exercising constitutionally protected rights of speech, religion or assembly on a public street, when street closure and/or traffic redirection are determined to be public safety necessities by the City Police Department.

(Ord. O-61-98 § 1 (part))

Editor's note

The effective date of Ordinance O-61-98 is July 1, 1999.