12.36.210 Applications – Director to Promulgate Rules and Procedures.
A. Any person desiring a permit under Section 12.36.200 shall apply with the director or authorized city staff. The director, subject to the city manager’s approval, shall establish written policies and procedures, including but not limited to fees and standard conditions, for applications and for permits. The written policies and procedures shall be available for public inspection. Every application shall state the purpose for which the park would be used, the date and time of the proposed use, the name of the park, and the area thereof that would be used, the anticipated number of persons who would be present and such other information relating to the contemplated use as the parks and recreation department may require.
B. The director or authorized city staff shall issue the requested permit if a complete application complying with all adopted policies and procedures is filed and all of the following conditions are met:
1. The proposed activity is consistent with the size of the park and any specialized purpose for which it is normally used, or for which specialized facilities have been provided;
2. The proposed activity will not have an unreasonably adverse impact, from noise, litter or traffic, on the park or on the surrounding neighborhood;
3. The proposed activity does not pose an unreasonable risk to public health or safety or to the physical integrity of the park;
4. The applicant pays all required fees and agrees to comply with all conditions of the permit;
5. The proposed use is otherwise lawful, but nothing in this chapter shall require the issuance of a permit for an activity otherwise prohibited by this title;
6. The proposed activity does not conflict with an activity already scheduled for the park or for which a different permit already has been applied for or issued for the park;
7. The applicant, including any person, firm or corporation affiliated with the applicant and with the activity, has not failed to comply with conditions of any permit previously issued by the parks and recreation department;
8. The proposed activity does not require city services beyond what the city can reasonably provide.
C. If the requested use otherwise meets the criteria of subsection B of this section, the director or authorized person may issue a permit:
1. To use a park during hours when the park is closed;
2. To broadcast programs of music, news, speeches or general entertainment between the hours of 9:00 a.m. to 11:00 p.m., notwithstanding the provisions of Section 8.16.150 or 9.32.040; or
3. To engage in otherwise prohibited activities within the authority set forth in Section 12.36.050 or 12.36.060.
D. If the requested use does not meet the criteria of subsection B of this section, the director or authorized city staff may deny the application or may impose restrictions or conditions upon the permit or issue a permit for a different date, time, park, or park area so as to meet such criteria.
E. Any person whose application is denied or who is issued a permit other than as applied for or who objects to restrictions or conditions included in the permit may appeal the matter to the city manager by filing within five days after denial or inclusion of restrictions a written notice of appeal with the city recorder. Upon receiving such a notice the city recorder shall within 14 days schedule the appeal on the city manager’s calendar for hearing. At the hearing, the city manager may affirm or modify the decision of the director or authorized city staff, as the city manager may deem necessary, to meet the criteria of subsection B of this section.
F. In determining whether the criteria of subsection B of this section are met, no consideration shall be given to the content of any constitutionally protected expression connected with the planned activity. No permit shall be required under this chapter, nor any condition imposed on any permit, if requiring a permit or imposing the condition would violate rights protected by the Constitution of the United States or by the Constitution of the state of Oregon. No permit shall be required under this chapter in order for any person to participate in any activity programmed by or sponsored by the city of McMinnville.
G. If any portion or provision of this section is held by a court of competent jurisdiction to be invalid, such portion or provision shall, so far as possible, be held severable, and shall not affect the remainder, which shall continue in full force and effect. (Ord. 5051 §1 (Exh. 1 §5), 2018).