Sec. 16-16. - Definition.

[As used in this article, the following terms shall have the respective meanings ascribed to them:]

Park or parks as used in this article shall include all lands and rivers, together with the improvements thereon, which are owned or operated by the county as public parks.

(Ord. No. 623, § 2, 3-16-04)

Sec. 16-17. - Purpose.

This article is enacted for the purpose of promoting for the people of the county the use, safety and enjoyment of all county parks.

(Ord. No. 623, § 2, 3-16-04)

Sec. 16-18. - Director; powers.

The public works director is the director of parks ("director") who shall have the following powers and duties:

(1)

Operate and maintain all parks in accordance with the provisions and stated purposes of this article and the expressed policies of the board of supervisors.

(2)

Recommend to the board of supervisors such rules and regulations as in director's opinion may be required.

(3)

Supervise the personnel assigned to the parks in the performance of their duties.

(4)

Study and recommend to the board of supervisors any plans for the future development of county parks.

(5)

Assign to any person or group on a reservation basis the use of any building or recreation area located in any park.

(6)

Designate and set off any portion of a park as an area wherein no alcoholic beverage shall be possessed or consumed if the director deems such action necessary to promote the use, safety and enjoyment of any park.

(7)

Exercise discretion in conditionally permitting the acts enumerated in section 16-20(b) if the director determines that there is an economic or public purpose or benefit to do so, and the permitted acts do not conflict with federal, state or county laws, rules or regulations.

(Ord. No. 623, § 2, 3-16-04)

Sec. 16-19. - Establishing permit fees.

The board of supervisors reserves the right to establish fees for uses of the parks as authorized by law.

(Ord. No. 623, § 2, 3-16-04)

Sec. 16-20. - Illegal acts enumerated.

(a)

Illegal acts. It shall be unlawful for any person within any park to do, or hire someone to do, any of the following:

(1)

Deposit, place, throw, or in any manner dispose of any rubbish, trash, can, bottle, glass, paper, vegetable matter, carcass or offal of any dead animal or any decaying or putrid matter of any kind except in containers provided for that specific purpose.

(2)

Cut, mar, deface, remove, alter, or damage by any means whatsoever any foliage, tree, shrub, grass, building, structure improvement or natural terrain feature including rocks, bodies of water and rivers.

(3)

Kill, wound, chase, molest, tease or annoy any bird, fish or animal.

(4)

Permit any dog, cat, fowl or other domestic animal under his control to enter or go at large.

(5)

Leave any authorized fire unattended or not fully extinguished when no longer needed, or light any fire before first carefully removing any dead wood, moss, dry leaves, chips, or other combustible material immediately surrounding the place authorized for the fire.

(6)

Possess or use any fireworks of any kind, provided this shall not apply to any public display authorized by the director and sanctioned by permit from the county fire chief.

(7)

Possess or discharge firearms of any kind, provided this shall not apply to any peace officer in the lawful discharge of his duty nor shall apply to any person or group which has prior approval by resolution or contract of the board of supervisors.

(8)

Operate or drive any motor vehicle or any other form of mechanical conveyance at a speed greater than 15 miles per hour.

(9)

Possess or consume any alcoholic beverage within any portion of a park designated and set off by the director as an area wherein no alcoholic beverage shall be consumed or possessed.

(b)

Unlawful acts without director's approval. It shall be unlawful for any person within any park to do, or hire someone to do, any of the following except as may be conditionally permitted by the director as set forth in section 16-18(7).

(1)

Display in any manner whatsoever any sign, handbill or paper that is an advertisement, notice or decoration or purports to be an advertisement, notice or decoration.

(2)

Light any fire except in places specifically provided therefore or in places which have been sanctioned by the director of parks.

(3)

Camp overnight.

(4)

Promote, conduct or manage any game, gambling, contest, show, exhibition, concert, lecture or dance or sell any food, alcoholic, nonalcoholic beverage, goods or merchandise of any kind.

(5)

Use or operate for any purpose any loudspeaker, loudspeaker system, or similar devise which produces amplified sound exceeding 50 decibels as measured at a distance of 100 feet (30 meters) on a sound level meter using the A-weighted network, except in strict accordance with a written permit therefore obtained from the parks director, who shall have the authority to impose conditions with respect to the time, place, number of participants and spectators, type of equipment, sound levels and cleanup, i.e., concerts in the park.

(Ord. No. 623, § 2, 3-16-04)

Sec. 16-21. - Closing hours.

The director shall establish hours of operation for each park. It shall be unlawful to enter, loiter or remain in any park during the hours the park is closed as established by the director and posted at the main entrance of the park.

(Ord. No. 623, § 2, 3-16-04)

Sec. 16-22. - Filing of application; payment of fees; period; contents of application.

(a)

Application for use of parks; payment of fees. Applications for use of parks shall be made in writing and filed with the director on a form prepared and printed by the public works department. Applicable fees are due and payable when the application is filed.

(b)

Contents of application. Every application shall state the name of the applicant and the kind of business, occupation, activity or event and the location for which the same is issued. The director may require additional and supplemental information deemed necessary or appropriate by him. The application shall also state the amount of fees received, refer to this article, state the date and time the license was issued and when it ends and be signed by the license issuer.

(c)

Investigation. The director in a timely manner may provide copies of applications to and request an investigation by the sheriff, the health department and the fire chief. The sheriff shall investigate on the criminal backgrounds of the applicants and sponsors of the event; the health department shall investigate on whether the applicant is in compliance with applicable health ordinance, statutes, or regulations and may make an inspection of the premises and facilities for the purpose of ascertaining the sanitary, health and safety conditions thereof; and the fire chief shall investigate on whether the business, occupation, activity or event conducted on the premises would be a menace to public safety or whether the application is violating any statutes or regulations that may apply. The investigating agencies shall report the findings and recommendations back to the director within 15 days after receipt of the copy of the application.

(Ord. No. 623, § 2, 3-16-04)

Sec. 16-23. - Permit for use of parks; ground for denial; notification; appeal.

(a)

Issuance. The director may require conditions on a permitted use or event. The director, upon receiving the application, payment of fees, obtaining a favorable investigation of the applicant, obtaining proof of compliance with any applicable provisions of Kings County Ordinances, and imposing any conditions on the permit, shall issue a permit for the use or event.

(b)

Definitions. A park event is any event the general public is admitted upon the payment of any fee or charge of admission, or for which tickets, invitations or other admission devices are sold, or offered for sale, or given away. A use of the park is any use not an event.

(c)

Grounds for denial. The director shall deny any application for a use or an event of the parks upon finding any of the following:

(1)

In the director's opinion the proposed use or event has no or little economic or public purpose or benefit, would not promote the use, safety and enjoyment of the parks, or the proposed use conflicts with federal, state or county laws, rules or regulations.

(2)

The use or event to be permitted has been, will be, or is apt to become either a nuisance or prohibited by any local ordinance or by any state, federal, or local law, rule or regulation.

(3)

The applicant or any agent or employee of the applicant has been found, pursuant to a court or administrative proceeding, to have committed a felony or acts of fraud, false advertising, or other misrepresentation.

(4)

The applicant or any agent or employee of the applicant has previously obtained a license or permit by fraud or misrepresentation or has knowingly made a false statement in a material matter pertaining to his or her application.

(d)

Notification. In the event the application is denied, the director shall notify the applicant of the denial in writing and the right to appeal the decision as provided below.

(e)

Appeal. In the event that the license is denied, the person making the application may appeal in writing to the board of supervisors within 20 days from the mailing of the notification. The board shall hold a public hearing thereon which shall be set within 30 days from the filing of the appeal, unless good cause requires an extension of time. The board shall take evidence and determine whether the application should be granted. The person applying for the license shall appear at the hearing or shall be presumed to have abandoned the appeal. The director shall issue or deny the application upon the order of the board. Any decision rendered by the board shall be final.

(Ord. No. 623, § 2, 3-16-04)

Sec. 16-24. - Promulgating rules and regulations.

In order to promote the use, safety and enjoyment of persons using any park, the board of supervisors may from time to time by resolution adopt rules and regulations not inconsistent with the provisions of this article and make the same applicable generally or to a particular park or portion thereof. When such rules and regulations have been adopted and signs erected within the park or portions thereof affected thereby informing the public of the substance of such rules and regulations, it shall be unlawful for any person to fail to comply therewith.

(Ord. No. 623, § 2, 3-16-04)