§ 66-16. Parks and recreation facilities, regulations governing use.

(a)

Group categories. Listed below is the order of priority and category of groups that will be allowed to schedule the use of city recreational facilities or public property on an ongoing basis:

(1)

Any city organized or sponsored event and/or recreational activity;

(2)

Any organization that the city has an agreement with for use of facilities or public property;

(3)

Any organization when it is attempting to organize or has organized a political forum;

(4)

Civic groups: Civic groups are defined as non-profit organizations/clubs that hold tax-exempt status from the Internal Revenue Service such as 501(c)(3) and which serve the citizens of Kennesaw.

(5)

Other groups not included in categories (1), (2), or (3) of subsection (a) of this section.

(b)

Groups which fall within the categories covered by subsections (a)(1), (a)(3), (a)(4), (a)(5) of this section may use facilities upon the payment of fee set forth on the fee schedule approved by the mayor and city council. Groups falling within subsection (a)(2) of this section shall pay a usage fee as set in the agreement each such group has with the city.

(c)

The scheduling of public parks and recreational facilities will be at the discretion of the director of the parks and recreation department or his or her designee subject to the requirements of subsection (a) of this section and that no group, organization, or person shall be denied scheduling of a recreational facility or public park based on the content of what will be discussed at the meeting or the stated positions of the group, organization, or entity. However, no organization, entity, or person shall be allowed to schedule a recreational facility or public property if the use violates any valid law, statute, ordinance, rule, or regulation of the city, the state, the United States of America, or any political subdivision of any of them; or, the use is a commercial purpose and fails to comply with the other requirements of the Code of Ordinances, Kennesaw, Georgia. Listed below are the general rules and policies applicable to usage of public parks and recreational facilities and equipment. Failure to abide by these rules listed could result in future usage of facilities being suspended.

(1)

Scheduling of facilities will be coordinated and approved by the parks and recreation department.

(2)

Except as provided in section 66-14(3) of the Code of Ordinances, Kennesaw, Georgia, facilities cannot be used for commercial purposes; however, this shall neither preclude any business entity or person from providing funds as a sponsor of a city-sponsored event and receiving advertising space in conjunction with the payment of the sponsorship fee nor preclude the use of the facilities or public property for a city-sponsored event which is approved by the mayor and city council or by the events committee of the city at which vendors are engaging in commercial activities or what would otherwise be considered to be commercial purposes.

(3)

Facilities used for fundraising purposes must be approved by the director of the parks and recreation department or his or her designee.

(4)

Full payment and deposit is due at the time the reservations are made. If facilities are not used during the reserved time for any reason and no prior cancellation was given, no refunds will be made, except as provided on the fee schedule approved by the mayor and city council.

(5)

A member of the organization must sign any and all documentation required by the director of the parks and recreation department of the city to use or rent a recreational facility or public property including, but not limited to, an affidavit of responsibility and complete a facility reservation form provided by the parks and recreation department.

(6)

No alcoholic beverages shall be allowed unless approved pursuant to section 6-71 or section 6-72 of the Code of Ordinances, Kennesaw, Georgia.

(7)

Animals are not permitted in facilities, with the exception of dog parks, without prior approval of the director of the parks and recreation department; however, seeing eye, hearing, service, or guide dogs shall be permitted without such prior approval.

(8)

Areas shall be left clean. If it becomes necessary for city employees to do an extensive amount of cleaning, there will be a corresponding deduction as determined by the director of the parks and recreation department or his or her designee in the cleaning and security deposit.

(9)

The user must report any damages to the police or parks employee on duty at once. All groups will be held liable for any damages to any city facilities or equipment used by members of their organization. Facility damages could lead to losing privileges to use such facilities.

(10)

Scheduled use of facilities are subject to change. Prior notice will be given by the director of the parks and recreation department or his or her designee if at all possible.

(11)

The city is not responsible for the loss of or damage to any valuables or property used at or left on the premises of any facility or public park which was used by any person or organization.

(12)

Smoking is prohibited inside recreation facilities.

(13)

No decorations shall be displayed, installed or permitted which may damage or deface the building. Existing decorations may not be removed. The user of the facility is responsible for removing all of his or her own decorations and trash at the end of the reservation.

(14)

No facilities can be reserved more than one year in advance. No facility can be reserved again by the same category (a)(4) group until the previous reservation day has passed.

(15)

When facilities are not in use for scheduled activities, then use of those facilities is available on a first come first served basis. The fees for such use are set forth in the fee schedule approved by the mayor and city council.

(16)

Facility users will be required to have not less than one adult chaperon for each ten minors present during use of facilities.

(17)

No facility may be used past 10:00 p.m. without prior written permission from the director of the parks and recreation department or his or her designee.

(18)

There will be a cancellation fee as set forth on the fee schedule approved by the mayor and city council.

(d)

The mayor and city council may by resolution establish fees for the use of any public property and shall provide by appropriate regulations for the use of any public property. Pursuant to any such resolution, the director of the parks and recreation department or his or her designee shall publish, annually, a list of the recreational facilities and equipment or public property that may be used and the price of using each such recreational facility and equipment or piece of public property. Violation of any regulation established by the mayor and city council and posted on the property or acknowledged by the user shall be deemed a violation of the Code of Ordinances, Kennesaw, Georgia, and shall subject the offender to the penalty provided in section 1-11 of the Code of Ordinances, Kennesaw, Georgia.

(e)

There is hereby created a cleaning/security deposit for rental of all city facilities. The cleaning/security deposit shall be set forth in the schedule of fees and charges per facility. It is refundable if and only when the facility is left in a clean state, and in the condition in which it was found (chairs put away, etc.). The decision of whether the deposit shall be refunded is solely up to the director of the parks and recreation department or his or her designee and will not be refunded until the rented facility has been inspected by the director of the parks and recreation department or his or her designee.

(f)

Notwithstanding anything contained in the Code of Ordinances, Kennesaw, Georgia, neither the Smith-Gilbert Gardens nor The Southern Museum of Civil War & Locomotive History shall be considered a recreational facility as that term is used in this section.

(Ord. No. 2003-35, Exh. A, 8-4-03; Ord. No. 2011-09, 8-15-11)