Item 3.3 - Resos - Cmty Svs Dept Rules/Regs Policy, Prog & Facility Use Fee Policy, Update of Master Fee ScheduleI OF P0 I}i9Y
C it,/ Of Poway
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1 N COUNCIL AGENDA REPORT
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DATE:
TO:
FROM:
INITIATED BY:
April 15, 2014
APPROVED
APPROVED AS AMENDED O
(SEE MINUTES)
DENIED O
REMOVED O
CONTINUED uu
RESOLUTION NO. 1-1- 017
14 -DI8
IH -oil
Honorable Mayor and Members of the City Council
Tina M. White, Interim City Manager.,�MVJ
Robin Bettin, Director of Community Services A
SUBJECT: Resolutions Establishing the Community Services Department
Rules and Regulations Policy, Programming and Facility Use
Fee Policy, and Updating the Community Services Section of
the Master Fee Schedule
Summary:
The City of Poway, through the Community Services Department, offers the public use of:
parks, trails, ecological spaces, the Poway Centerforthe Performing Arts, Old Poway Park,
the Lake Poway Recreation Area, Community Park, the Swim Center, neighborhood parks,
and sports fields. Operation and use of the facilities are governed by the Community
Services Facility Use Rules and Regulations Policy and Community Services Programming
and Facility Use Fee Policy adopted by the City Council. Both policies have been updated
to incorporate changes to regulations and operations that have been made for the safety
and benefit of the public, and to ensure that facilities are properly and consistently used for
their intended purposes. The Community Services section of the Master Fee Schedule
has been updated to reflect the addition and reconfiguration of rental areas, and changes
in programming that have been implemented to meet the needs of the Community. No fee
increases are proposed at this time.
Recommended Action:
It is recommended that the City Council:
"1. Adopt the Resolution Establishing the Community Services Department Facility Use
Rules and Regulations Policy, and Repeal Resolution No. 07 -088.
2. Adopt the Resolution Establishing the Community Services Department
Programming and Facility Use Fee Policy, and Repeal Resolution No. 07 -089.
3. Adopt the Resolution Amending the Master Fee Schedule to Update the Community
Services Fees, and Repeal Resolution No. 12 -024.
Background:
The City of Poway, through the Community Services Department, operates cultural,
historical, and outdoor recreation facilities enjoyed by residents and visitors from all over
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the region. The City Council has adopted twos policies related to facility use: the Facility
Use Rules and Regulations Policy and the Programming and Facility Use Fee Policy. The
Facility Use Rules and Regulations Policy, outlines the rules and limitations for use of
Community Services Facilities, some of which can be used on a first -come, first -serve
basis, and some of which require a rental reservation. The Programming and Facility Use
Fee Policy establishes the user group fee categories and priorities for use of Community
Services facilities. The policy also describes the deposits, due dates, processing fees,
cancellation fees, refunds and other charges for facility use, and program registration for
the recovery of some operation and maintenance costs associated with the facilities. The
fees are listed in the Community Services section of the City's Master Fee Schedule.
The last updates to the Facility Use Rules and Regulations Policy and Programming, and
Facility Use Fee Policy were approved by the City Council on December 18, 2007. The
last update to the Community Services section of the Master Fee Schedule was approved
by the City Council on June 5, 2012.
On April 1, 2014, an Ordinance Amending Sections of Chapter 9.48 of the Poway
Municipal Code relating to Community Services Facility Rules and Regulations was
introduced. The second reading and adoption of the ordinance is also.on this agenda
under a separate agenda report.
Findings:
I. Facility Use Rules and Regulations Policy
The Facility Use Rules and Regulations Policy has been updated to incorporate changes to
regulations and policies, changes in operations, and current practices.- The changes are
made for the safety and benefit of the public who utilize Community Services facilities, and
to enhance service delivery.
• Chapter 9.48 of the Poway Municipal Code (PMC) is incorporated into the policy,
along with other rules and limitations for use of Community Services facilities. The
amendments to Chapter 9.48 of the PMC, also on this City Council agenda, are
included in this updated policy, contingent upon City Council approval and adoption
of the ordinance.
• The provisions of Ordinance No. 766 prohibiting electronic cigarettes are
incorporated into the policy.
The updated policy removes the specific hours of operation for each facility and
authorizes the City Manager to establish the hours of operation for facilities, outdoor
facility lighting, fishing, boating and City programming. This flexibility allows
changes to meet the needs of the community without first obtaining City Council
approval.
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The process for submitting a Facility Use Application and the required
documentation (e.g., proof of insurance, Poway residency, nonprofit status) have
been further clarified in the policy to ensure that City of Poway facilities are reserved
in a proper and consistent manner, and that they are utilized for their intended
purpose.
• Changes have been made to the General Rules Governing Facility Use (e.g., setup,
decorations, serving alcohol, cleanup, etc.) to ensure that rental clients derive the
maximum benefit from the permitted use of Community Services facilities, with
consideration given to safety and the protection of City property.
• The provisions addressing motion and still photography have been updated to more
clearly distinguish the rules and requirements for professional portrait
photography /videography for personal, private use, commercial film and print, and
student film and print.
• Provisions relating to neighborhood parks are further clarified and expanded.
To improve the organization of the document, sections of the policy have been moved and
renumbered. Additional specific changes made to the policy are listed in Attachment D.
The entire updated Facility Use Rules and Regulations Policy is attached as Exhibit 1 to
the proposed resolution (Attachment A).
II. Facility Use Fee Policy
The Facility Fee Policy has been updated to incorporate changes to regulations and
policies, changes in operations, and current practices. The changes further clarify userfee
categories and priorities for use of Community Services facilities. The changes are also
made to provide for the recovery of operational and maintenance costs associated with the
use of the facilities for meetings, functions, programs, and events.
• The classification and priority of applicants into user fee categories are updated and
defined to provide clarification to the public and'staff. The Poway Unified School
District (PUSD) and their school foundations are classified as Category A.
The policy is updated to include the recent establishment of a rental package. A
rental package allows the use of specific facilities for a set number of hours. Facility
rental fees for rental packages are equal to or less than the individual facility rental
fees. The benefits of this change are staff efficiency in booking multiple facilities for
weddings or large events, and convenience for the public.
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The refund section of the policy has been further clarified for classes and, programs.
Additionally, a customer wishing to cancel a registration has the option of receiving
,a full credit on account, in lieu of a refund, valid for one year, which may be applied
to another enrollment or reservation. The section has also been modified to'clarify
that, in lieu of a refund, a customer may reschedule a reservation in anticipation of
inclement weather if the request is made in advance and space is available.
Additional specific changes made to the policy are listed in Attachment D.
The entire updated Programming and Facility Use Fee Policy is attached as Exhibit 1 to the
proposed resolution (Attachment B);
III. Community Services Section of the Master Fee Schedule
The Community Services Facility Use Fee Policy allows the Director of Community
Services to determine fees associated with facilities or programs added to the jurisdiction
of the Community Services Department in a manner that is consistent with existing facilities
or programs.
The last update to the Community Services Department Section of the Master Fee
Schedule was approved June 5, 2012. Since then outdoor rental areas (Ceremony Lawn
and Box Car Lot at Old Poway Park, and Gazebo at Community Park) and rental packages
(wedding packages at Old Poway Park) have been brought online using existing deposit
and rental fees. Also, Kid's Night Out has been added to the community programming,
utilizing an existing fee category. Additions and changes that have been administratively
approved are now itemized in the updated Community Services Section of the Master Fee
Schedule, to provide clarity to the public. The updated Community Services section of the
Master Fee Schedule is attached as Exhibit 1 to the proposed resolution (Attachment C).
Fiscal Impact:
There is no fiscal impact associated with this action.
Environmental Review:
Environmental review is not required per CEQA guidelines.
Public Notification:
A copy of this report was provided to the members of the Parks and Recreation Advisory
Committee.
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Attachments:
A. Resolution Establishing the Community Services Department Facility Use Rules and
Regulations Policy
B. Resolution Establishing the Community Services Department Programming, and
Facility Use Fee Policy
C. Resolution Amending the Master Fee Schedule to Update the Community Services
Fees
D. Specific Changes to Facility Use Rules and Regulations
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RESOLUTION NO. 14-
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ESTABLISHING THE COMMUNITY
SERVICES DEPARTMENT FACILITY USE RULES AND
REGULATIONS POLICY, AND REPEALING
RESOLUTION NO. 07 -088
WHEREAS, rules and regulations for operation of City of,Poway parks, recreation,
and cultural facilities that fall under the jurisdiction of the Community Services Department
have been established to provide for the public health, safety, and welfare; and
WHEREAS, it is necessary from time to time to update the rules and regulations for
use of City of Poway Community Services facilities, and
WHEREAS, the development of a Community Services Department Facility Use
Rules and Regulation Policy, which can be amended or added to in part by a Resolution or
Ordinance of the City Council of the City of Poway provides greater continuity and.efficiency
in the promulgation of these rules; and
WHEREAS, by Ordinance No. 766, the Poway City Council has adopted regulations
to prohibit smoking tobacco products and- inhaling vapors from non - tobacco products (e.g.,
electronic cigarettes, hookahs, or other similar products), in or upon public buildings, public
grounds, public parks, or public trails, which regulations supersede prior rules and
regulations for the use of Community Services Department facilities; and
WHEREAS, by Ordinance No. 769, the Poway City Council has further approved
changes to Chapter 9.48, to revise the rules and regulations for use of Community Services
facilities; and
WHEREAS, specific hours of operation have been removed from the policy and the
City Manager or designee is authorized to set hours of operation for Community Services
facilities, outdoor facility lighting, fishing, boating, and City programming; and
WHEREAS, with the creation of new innovations and recreational products, the
addition of new types of recreational activities, and other societal changes, it is necessary to
add provisions addressing the public's, use of the City's recreational facilities, including public
trails; special events; recurring reservations; inflatable air bounces and play equipment;
powered model vehicles; mobile food vendors; motion and still photography;', noise; e-
cigarettes; business certificate requirements; and Old Poway Park rules and limitations; and
WHEREAS, in addition, the existing provisions addressing inflatables and play
equipment; the process and requirements for submittal of a Facility Use Application; motion
and still photography; neighborhood parks; and the presence of alcohol are required to be
updated and clarified; and
WHEREAS, provisions addressing use of the Poway Library meeting room should be
eliminated, since it is now operated by the San Diego County Library; and
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WHEREAS, with the proposed amendments, the policy should be reorganized and
renumbered for clarity and consistency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SectionA : That certain Community Services Department Facility Rules and Regulations
Policy for the operation of Community Services facilities (the "Policy"),, presented at this
meeting and as set forth in Exhibit 1 to this Resolution, is hereby approved and adopted by
the City Council. This Resolution shall .,become effective immediately, although the
enforcement of Policy shall be suspended until May 16, 2014.
Section 2: Resolution 07 -088 is hereby repealed, rescinded, and is of no further force and
effect.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at
a regular meeting this 15th day of April 2014.
Don Higginson, Mayor
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ATTEST:
Sheila R. Cobian, CIVIC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CIVIC, City Clerk, of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No.'14- was duly adopted by the City Council at a
meeting of said City Council held on the 15th day of April 2014, and that it was so adopted by
the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CIVIC, City Clerk
City of Poway
Exhibit:
1. Community Services Department Facility Use Rules and Regulations Policy
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Exhibit 1
CITY OF POWAY
COMMUNITY SERVICES DEPARTMENT
FACILITY USE RULES AND REGULATIONS POLICY
SECTION 1 GENERAL POLICY
1.1 DESCRIPTION AND PRIMARY USE OF FACILITIES.
The primary uses for facilities contained in this policy are as, follows:
A. City parks, public trails, and Community Services facilities in general: for
recreation and leisure activities, both active and passive, which are
conducted by the Community Services Department, hereinafter referred to
as "Department ".
B. Poway Center for the Performing Arts: as a municipal and educational
facility for the presentation of the performing arts, educational programming,
and the display of fine arts in a manner that is consistent with the Poway
Center for the Performing Arts Use Policy.
C. Poway Swim Center: as an aquatic recreation venue also used to conduct
swim lessons that promote water safety and to provide limited swim team
practice and tournament spaces. .
D. Neighborhood Parks: for mixed recreational uses that are balanced to meet
the needs of Poway youth sports and residents, and are compatible with the
surrounding area and parking limitations.
E. Blue Sky Ecological Reserve and amphitheater: for the preservation and
protection of an ecological resource, observation of the area's native flora
and fauna, and interpretive programming in a manner that protects the
biological resources of the Reserve.
F. Kumeyaay -lpai Interpretive Center: for the preservation of the rich cultural
history, native vegetation, and unique formations of rock boulders of the
site, and historical education for the public.
G. Lake Poway Recreation Area: for the City's domestic water storage and
for recreation activities and programs.
H. City Hall facilities for City business and public meetings of the Poway City
Council, and City commissions and committees.
Veterans Park: as a permanent tribute to the past, present, and future
veterans of the United States Military, used to conduct official military and
scout ceremonies and functions; to honor veterans; and to provide a
location for quiet reflection on veterans' sacrifices to the country.
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J. Old Poway Park: for the preservation of Poway's history, historical
education, community events, programming, and operations that "bring to
life" Poway's history.
1.2 CITY PRIORITY.
The City of Poway and the Community Services Department have first priority for
use of facilities. The City retains the right to cancel approved Facility Use Permits
in order to accommodate City needs. The City will make every attempt to notify
permitee in advance when a use permit is to be canceled; however, no notification
is required.
1.3 PERMIT REQUIRED.
Reservation of a facility is granted by permit only and users are subject to
observance of all City rules and regulations. Permits may be revoked for violation
of any City, County, State, and Federal rules or regulations. Permittee is
responsible for payment of all fees and conditions outlined in this policy, the City's
Facility Use Fee Policy, and Master Fee Schedule.
1.4 USE AGREEMENTS.
City may enter into use agreements with other agencies, groups and /or
organizations under terms that differ from this policy, the Facility Use Fee Policy,
or the Poway Center for the Performing Arts Use Policy, when it is determined that
such agreement is warranted. The terms of the use agreement will supersede this
policy.
SECTION 2 DEFINITIONS
2.1 CAMP means to reside in or use a park for living accommodation purposes,
as exemplified by remaining for prolonged or repetitious periods of time not
associated with ordinary recreational use of a park with one's personal
possessions (including, but not limited to: clothing, sleeping bags, bedrolls,
blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and
similar material), sleeping or making preparations to sleep, storing personal
belongings as above defined, regularly cooking or consuming meals, or
living in a parked vehicle. These activities constitute camping when it
reasonably appears, in light of all the circumstances that the participants, in
conducting these activities, are in fact using the area as a living
accommodation regardless of the intent of the participants or the nature of
any other activities in which they may also be engaged. (PMC § 9.48. 010 A)
2.2 CITY means the City of Poway, California.
2.3 CITY COUNCIL is the City Council of the City of Poway, California.
2.4 CITY MANAGER is the City Manager or designee of the City of Poway, California.
2.5 COMMUNITY SERVICES FACILITY /FACILITIES, hereinafter referred to as
"facility /facilities" includes parks, recreation facilities, cultural facilities, public trails,
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and for the purposes of this policy, City Hall Council Chambers, patio, courtyard,
and kitchen facilities.
2.6 COMMUNITY SERVICES SITE EMPLOYEE means any person employed by
the City whose position is assigned to the Community Services Department
with duties conducted in or around any indoor or outdoor City park,
recreation facility, or cultural facility or area. (PMC § 9.48.010 G)
2.7 CULTURAL FACILITY shall include City buildings and outdoor areas that are
primarily used for the purpose of arts, education and nature exploration,
including all land, water, road improvements, parking, and facilities therein.
(PMC § 9.48. 010 E)
2.8 DIRECTOR means the Director of Community Services or a ,designated
representative. (PMC § 9.48.010 F).
2.9 PARKS are designated as City parks, recreation areas, and reserves by the
City Council including all land, water, road improvements, parking, and
facilities therein. (PMC § 9.48.010 C)
2.10 PROGRAMS are programs, camps, classes, and events organized, sponsored
and /or conducted by the Community Services Department.
2.11 PUBLIC AGENCIES are government agencies such as school districts, State of
California, San Diego County, etc.
2.12 PUBLIC TRAIL means all City trails designated by the City Council including
all land, water, road improvements, parking, and facilities therein. (PMC §
8.04.020)
2.13 RECREATION FACILITY or FACILITY is any building that is primarily used for
the purpose of recreation and leisure activities including all land, water, road
improvements, parking, and facilities therein. (PMC § 9.48.010 D)
2.14, RULES AND REGULATIONS are duly adopted by the City Council.
2.15 SMOKE or SMOKING "Smoke" or "smoking" means (1) the carrying or
holding of a lighted pipe, cigar, cigarette or other lighted smoking product or
equipment used to burn any tobacco products, weed, plant, 'or any other
combustible substance; or (2) the - carrying, holding or use of an electronic
cigarette as defined in California Health & Safety Code Section 119405 ( "e-
cigarette") or a similar device intended to emulate smoking, which permits a
person to inhale vapors or mists that may or may not include nicotine.
"Smoking" also includes emitting or exhaling the fumes or vapor of any
pipe, cigar, cigarette, or any other lighted smoking equipment used for
burning any tobacco product, weed, plant or any other combustible
substance, or any e- cigarette, hookah, or other similar device.
(PMC § 8.04.020)
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2.16 SPECIAL EVENT means any event that seeks the temporary use of all or part of,
and affects general public access to, parks, public trails, streets, recreation
facilities, or any other property managed by the City of Poway, and /or requires
additional City resources above and beyond those provided for standard facility
operations.
2.17 USERS are those persons utilizing facilities either on a' first -come, first - served
basis, or with a permit. Those persons utilizing facilities with a permit are also
referred to as "permittees" or "rental clients."
SECTION 3 AUTHORITY
3.1 AUTHORITY.
The Director shall promulgate rules and regulations for the operation of City
Community Services facilities, and fees and charges for the use of City
Community Services facilities, which shall be effective from the time they are
approved by the City Council. Such rules and regulations, or excerpts
thereof, shall be posted in City Community Services facilities if such posting
is feasible in the opinion of the Director; irrespective of posting,, copies of
such rules and regulations shall be available to persons desiring copies
thereof at the office of the Director during business hours. No person shall
violate and no person shall fail to comply with such rules and regulations.
(PMC § 9.48.030)
These rules and regulations are adopted pursuant to state law. The City Council
may, from time to time by resolution, adopt additional rules or fees supplementary
to and consistent with these regulations and when so adopted, they shall have the
same force and effect.
3.2 VIOLATIONS.
All persons found or observed violating any of these regulations by a Community
Services site employee will be ordered to leave the recreation facility. No one shall
obstruct or interfere in any manner with an employee of the City in the exercise of
his or her duties.
A. Any person who violates the Facility Use Rules and Regulations or any
provision [of Chapter 9.48 of the Poway Municipal Code] which protects
the health or safety of any other person, and, after being directed by
Community Services site personnel to cease and desist from such
conduct, refuses or fails to do so, shall remove himself from the
facility if so directed by a Community Services site employee. No
person who is ordered excluded from a Community Services facility
shall remain upon or return to the Community Services facility
property during the period covered by the order. (PMC § 9.48.310)
B. The directive excluding a person from a Community Services facility
for a period no longer than seventy -two (72) hours may be in verbal
form and reported to the Director. Directives exceeding seventy -two
(72) hours shall be in writing, signed by the Director of Community
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Services .or designee, and shall not exceed one hundred eighty (180)
days. Directives may be appealed to the City Manager or designee.
Appeal- may only be commenced by a written request for a hearing
filed in the office of the City Manager during the period that the person
is excluded from the Community Services facility. The appeal.shall be
conducted promptly. Formal rules of evidence shall not apply. The
hearing officer shall issue the decision in writing. The decision of the
hearing officer shall be final. (PMC § 9.48.310)
C. Penalties for all other violations are contained in Section 1.08.010 of the
Poway Municipal Code.
3.3 APPLICATION AND OTHER LAWS.
In addition to City regulations, all other applicable Federal, State, or County laws,
ordinances, regulations and rules,. including those relating to public health,
sanitation and safety, are binding upon all persons within the City Community
Services facilities.
3.4 DIRECTOR TO OPERATE FACILITIES.
A. The operation of all City facilities shall be under the control of the
Director subject to the supervision of the City Council.
B. Each Community Services site employee is responsible for enforcing
the provisions of [Chapter 9.48 of the Poway Municipal Code] and these
rules and regulations and shall take appropriate action in the case of
any violations thereof.
C. Any peace officer shall have the power to make arrests for violations
of the provisions of [Chapter 9.48 of the Poway Municipal Code] and to
issue citations for such violations as provided in PMC § 1.12. (PMC §
9.48.020)
3.5 LAWFUL DIRECTIVE OF STAFF.
No person shall fail to obey any lawful directive of a Community Services
site employee. (PMC § 9.48.300)
3.6 LIMIT OF CITY LIABILITY.
All persons entering upon, remaining within, or using facilities shall do so entirely
at their own risk. Neither the City, its Council, officers, or employees shall be liable
for any personal injuries or property damages or losses incurred by anyone
entering upon, remaining within, or using the facilities.
3.7 LIMITATIONS ON USE.
The Director shall define the boundaries of rentable building and park spaces that
are subject to rental fees contained in the City's Master Fee Schedule, herein after
referred to as "Fee Schedule ". Use must be compatible with the established
purpose of that facility and must be within the allotted permit time. Business or
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commercial activities are not permitted except by special agreement with the
Department. Permit time schedules and charges include all preparation, setup,
and cleanup. The setting up of tables, chairs, etc., and storage of same at the
conclusion of the activity is the responsibility of the permittee. Control of lights,
keys, locks and locking of doors, gates, etc., will be the responsibility of the
Community Services site employee on duty. City employees on duty are
authorized to refuse the use of the facility, or any portion thereof, to any person
whose use, in the sole judgment of the employee, would constitute a hazard to the
health and safety of the person or others.
SECTION 4 HOURS OF OPERATION
4.1 CITY PARKS.
Except as otherwise posted, City parks shall be open to the public between
sunrise and sunset. Except by special permit, no person shall be present in
any City park at any time that the park is not open to the public.
(PMC § 9.48.040)
4.2 COMMUNITY SERVICES FACILITIES, EQUIPMENT, AND PROGRAMMING.
The City Manager, or designee, shall establish the hours of operation for
Community Services facilities, outdoor facility lighting, fishing, boating and City
programming. Hours of operation shall be posted at the main entrance of each
facility. Notice of any changes shall be posted in the same area at least one week
in advance, except when weather conditions, user conduct, or unsafe conditions
warrant immediate change.
4.3 CLOSING HOURS.
No person shall remain upon the grounds of a City facility or occupy the
grounds of such facilities, or any part thereof, or use any of the facilities or
equipment therein, or permit any vehicle to remain therein after closing time,
as posted, unless authorized by the Director. The Director may designate
and enforce an earlier closing time, which shall be posted, for such grounds
or facilities and for the use of such equipment. (PMC § 9.48.190)
4.4 CLOSED AREAS.
No one shall enter any posted, restricted, or closed area.
4.5 CLOSURE.
The City` Council, City Manager, Director or any employee of the City designated
by them is hereby authorized to close a facility for and during such times as are
necessary for its management, maintenance, repair, protection or conservation,
and for the safety of the public.
SECTION 5 REGULATIONS — FACILITIES
5.1 CHILDREN.
No person shall permit any child under the age of seven years to play in any
playground area, or fish, swim, or play in or near any lake or pool unless
such child is attended by an adult. (PMC § 9.48.230)
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5.2 DRUGS, INTOXICANTS, AND ALCOHOLIC BEVERAGES.
A. Being under the influence of any intoxicating beverages, drugs, or
other substances prohibited by the California Health and Safety Code
is prohibited.
B. No person shall transport into a City Community Services facility, or
consume upon the premises of a City Community Services facility, any
intoxicating liquors having an alcoholic content in excess of twenty
percent by volume.
C. No person shall consume any alcoholic beverage at any time at the
Archery Range, in facility parking lots,, or a playground area of a City
park.
D. Except as expressly provided below, no person shall consume any
alcoholic beverage in any other indoor or outdoor area of a City
Community Services facility between 9:00 p.m. and 10:00 a.m.:
1. On Lake Poway or within the high water line or concession balcony
of Lake Poway during the established operating hours; or
2. At the Poway Center for the Performing Arts; or
3. Pursuant to permit issued by the City for a special public event.
E. No person shall consume any alcoholic beverage at any City
Community Services facility during times that it has been rented, with
or without remuneration to the City, to house a youth event. Youth
events include rite of passage celebrations such as bar mitzvahs, bat
mitzvahs, quinceaneras, "sweet 16" parties, and 18th birthday parties,
in. addition to youth sports team games and parties, and all events
involving social groups whose participants and /or members are
primarily under the age of twenty -one (21) years. (PMC § 9.48.270)
5.3 WEAPONS AND FIREARMS.
No person shall use, transport, carry, fire, or discharge any firearms, air-gun,
archery device, slingshot, or explosive of any kind across, in or into a City
Community Services facility; provided, however, this prohibition shall not
apply to activities permitted by the Director of Community Services nor the
possession or use of any archery device in or upon a City archery range.
(PMC § 9.48.120)
5.4 BARBECUES AND COOKING FOOD.
No - person using a barbecue shall permit such barbecue to remain in an
untidy or unsanitary condition, nor shall any such person fail to clear away
therefrom all cooking and eating utensils and waste matter after use thereof.
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Any person who uses a barbecue shall, when such use is completed, deposit
the coals in the hot ash coal container. (PMC § 9.48.140)
5.5 CAMPING.
No person shall camp, lodge or sleep overnight, or between sunset and
sunrise, except in areas specifically designated for such purpose and as .
may be permitted by the Director. (PMC §9.48.050)
5.6 FIRE HAZARD.
No person shall ignite or permit to be ignited, a fire in any location in a City
Community Services facility except in a campfire or cooking area provided
by the City. No person shall throw away any lighted tobacco product, or any
burning or combustible material or other matter that could set fire to grass,,
shrubs, buildings, or any other combustible substance. Burning tobacco
materials may only be disposed of-in proper ashtray or receptacle provided
for such purpose.
An exception may be approved by the Director for standard cake candles
less than four inches that are intended to be easily blown out, and standard
"sterno" cans only for the purpose of heating chafing dishes to serve food.
(PMC § 9.48.130)
5.7 VEHICLE USE AND PARKING.
A. No person shall drive a vehicle within a City Community Services
facility other than in a reasonable and prudent manner and with due
regard for traffic and road conditions. In no event shall a vehicle be
driven at a speed which endangers the safety of persons, property, or
wildlife. No vehicle shall be driven at a speed greater than ten miles
per hour in camp, parking lots, picnic, utility, or headquarters area and
areas of general public assemblage, and no vehicle shall be driven at a
speed greater than twenty miles per hour in other areas.
(PMC § 9.48.210)
B. No person shall park any vehicle at any City Community Services
Facility except for the duration of the visit to such facility or pursuant
to special permit issued by the Director of Community Services. No
person shall leave or park any motor vehicle on any driveway or at any
other place except at such place or places as are designated as places
for vehicle parking. (PMC § 9.48.220)
C. No person shall engage in the washing, cleaning, polishing, repairing,
renovating or painting of any vehicle within a City Community
Services facility, except that emergency repairs immediately
necessary to render such vehicle safe may be made. (PMC § 9.48.200)
D. Operation of an unauthorized automobile, truck, trailer, or vehicle of
any description other than upon designated open and paved roads or
in other than designated parking areas is prohibited. (PMC § 9.48.330)
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E. A Community Services site employee shall designate where specialized
vehicles may park for a permitted event.
5.8 REMOVAL /DEFACEMENT OF PROPERTY.
No person shall in any way deface, mutilate, or remove any sign, tree, fence,
wall, building, railing, playground equipment, camp or picnic structure,
monument, or any other object or structure within a City Community
Services facility. Removing a "reserved" sign or willfully occupying and
holding a camp site, area, building or facility, which has been reserved and
for which a valid permit has been issued, is prohibited. Users.or permittees
will be personally responsible for any damage to a building or facility and
shall be responsible for reimbursing the City for any loss or damage to City
property caused by such use. (PMC § 9.48. 100)
5.9 ANIMALS - TREATMENT.
A. No person shall trap, kill, wound, or maltreat any wild or domesticated
bird or animal, and no person shall permit any pet to pursue, trap, kill,
or wound any wild or domesticated bird or animal. (PMC § 9.48.070)
5.10 ANIMALS - PRESENCE.
A. Subject to the conditions set out in this section, animals are permitted
in City parks and outdoor areas` during the hours that such areas are
open to the public.
B. Notwithstanding the provisions of subsection (A) of this section, no
person shall bring a dog into, permit a dog to enter into or remain in,
or possess a dog in any City Community Services facility without first
having obtained a valid license for such dog. Evidence of such valid
license shall be presented by the person responsible for such dog
when required by a Community Services site staff employee.
C. Except in an area specifically set aside and designated by the Director
of Community Services as a "dog park," all animals in City Community
Services facilities shall be physically restrained at all times, either by
being attached to- a substantial leash no more than six feet in length,
or by being confined in a tent, trailer, or other appropriate structure.
D. No dogs, horses, or other animals are allowed within one hundred feet
of Lake Poway.
E. Controlled and supervised animal shows may be allowed with prior
written approval of the Director of Community Services and are
subject to all conditions and fees stated in this policy. Every person
displaying animals, or providing animal rides on City property, shall sign a
copy of the City's Animal Care Guidelines and adhere to terms stated in
said guidelines.
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F. 1. Except as provided in subsections (C) and (E) of this section, no
person shall bring an animal into or permit an animal to enter
and /or remain within, or possess an animal within any structure in
a City Community Services facility other than the Lake Poway
Animal Facility.
2. This subsection shall not apply to an assistance dog
accompanying or assisting an unsighted or disabled person, or
therapy pets when present in a facility inhabited by the Poway
Senior Center during such times permitted by an existing
Facilities Use Agreement. For purposes of this section
"assistance dog" is one that has been specially trained as a guide
dog, signal dog or service dog, and "therapy pet" is one that is
trained along with its handler(s) to achieve specific physical,
social, cognitive, and emotional goals with patients.
G. No person shall keep or permit within a City Community Services
facility, a noisy, vicious or dangerous animal, or an animal which
disturbs other persons within the boundaries of a City Community
Services facility after having been directed by a Community Services
site employee to remove such animal.
H. Any person bringing an animal into a City Community Services facility
is solely responsible for the actions of such animal. Any injury
inflicted by such animal upon any person or any damage caused by
such animal to any real or personal property shall be reported to a
,Community Services site employee.
The Director may further regulate animals in, or may exclude animals
from, any City Community Services facility or section of a City
Community Services facility where the Director finds that the presence
of animals substantially conflicts with the general use and enjoyment
of such Community Services facilities. (PMC § 9.48.180)
J. Individuals responsible for animals must cleanup and properly dispose of
animal waste.
K. Domesticated animals are not permitted within the confines of the
Kumeyaay -lpai Interpretive Center.
L. Animals shall not be left unattended in vehicles or trailers.
5.11 ANIMALS- HORSES.
A. No horse or other animal shall be hitched to any tree or shrub or
structure in a manner that may cause damage to Community Services
facility property. No person shall ride, drive, lead or keep a saddled
horse or other animal in any City Community Services facility, except
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on such roads, trails or other areas as the Director may designate and
subject to such regulations as the Director may promulgate.
B. No person shall hitch any horse within a Community Services facility
except for the duration of the visit to such Community Services facility
or pursuant to special permit issued by the Director of Community
Services. No person shall leave or hitch any horse on any driveway or
at any other place except at such place or places as are designated as
places for hitching horses. (PMC 9.48.170)
5.12 PLANTS AND GEOLOGICAL FEATURES.
A. No person shall pick, dig up, mutilate, destroy, injure, disturb, move,
molest, burn or, carry away any plant or vegetation, or portion thereof,
including aquatic plants. (PMC § 9.48.060)
B. No person shall destroy, disturb, deface or remove earth, sand, gravel,
oil, minerals, rocks or fossils, features of caves, or any parts thereof.
(PMC § 9.48.080)
C. The Director may grant a permit to remove; destroy, or otherwise
disturb plants or animals or geological, historical or archaeological
materials upon finding that such will be in the best interests of the
City. (PMC § 9.48.090)
5.13 PEACE AND QUIET /NOISE.
A. No person shall disturb the peace and quiet of a City Community
Services facility by any loud or unusual noise, or by the sounding of
automobile horns or noise - making devices, or by the use of profane;
obscene or abusive language or gesture. (PMC § 9.48.260)
B. 1. Operation of musical equipment or instruments and /or electronic sound
reproduction equipment including television, radio, and digital players
in excess of the noise standards established in PMC § 8.08.140 is, not
permitted.
2. Amplified music and live entertainment are subject to approval of the
Director.
3. Outdoor and indoor facility users are responsible for controlling noise
that could be disturbing to other activities or the surrounding
neighborhood. Should site staff determine that a facility user's noise
has become a disturbance the facility user will be asked to reduce the
noise level. Failure to do so is a violation of PMC § 9.48.300 and user
will be asked to leave the facility.
4. Operation of generators shall be permissible by permit only.
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5.14 ENTERTAINMENT.
No person shall setup or maintain any exhibition, entertainment device,
animal ride, show, performance, lecture, oration or concert without written
permission to do so from the Director. (PMC § 9.48.250)
5.15 SOLICITING, SELLING, AND ADVERTISEMENT.
A. No person shall sell or offer for sale any goods, wares, articles, or
merchandise; or practice, carry on, conduct or solicit for any trade,
occupation, business or profession within a City Community Services
facility without the authorization of the Director. Nothing in this
provision shall prohibit sales of articles or solicitations by nonprofit
organizations that are otherwise allowed by law.
B. No person shall distribute, circulate, give away, throw, or deposit any
commercial handbill, circular, pamphlet, tract or advertisement in any
Community Services facility within the City. It is not unlawful for any
person to hand out or distribute, without charge to the receiver
thereof, any noncommercial handbill to any person willing to accept it.
No person shall post or affix to any pole, tree, car, fence or structure
situated therein any kind of handbill, circular, pamphlet, tract or
advertisement. Nothing herein shall prohibit the posting of an
advertisement on any community bulletin board maintained by the
City for that purpose. Nothing herein shall prohibit the placement and
maintenance of signs and /or banners by the City in connection with
community activities or by facility use permittees in connection with
permitted activities. (PMC § 9.48.240).
5.16. CAMPAIGNS AND POLITICAL ACTIVITY.
Political activity is permitted within the exterior spaces of City of Poway
parks; however, intervention may occur should participants become loud,
unruly, or disturb the peace of others utilizing adjoining spaces.
Participants must adhere to Chapter 9.48 of the Poway Municipal Code, as
well as Code that is not specific to parks such as hand -held signage (PMC §
9.40.010) and the placement of political signs (PMC §17.40.090D.4); and non -
participation /assistance by Community Services Staff (State of California
Government Code Sections 3201 - 3209).
5.17 SPECIAL EVENTS.
A. A Special Event requesting the use of City facilities requires a Public Facility
Use Application and payment of applicable permits, insurance, and rental
and staffing fees as contained-in the Master Fee Schedule.
B. A Special Event requesting or requiring the use of streets, sidewalks, or any
other public rights -of -way (including, but not limited to: parades, races,
street fairs, or activities impacting traffic circulation) requires a Temporary
Use Permit (TUP).
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C. The planned size and proposed location of a Special .Event shall be
reviewed to determine whether it has the potential to impact the natural
habitat, water quality, or wildlife along public trails, or cause damage to
trails, lead to erosion, or disrupt the general public's ability to enjoy the
trails. Permission to hold the event may be withheld or withdrawn if the City
determines that it will have an adverse impact on the trail environment.
D. A Special Event that significantly impacts or substantially restricts the
public's normal, typical or customary use, level of use, or ability to use a
facility is subject to additional requirements including, but not limited to: a
parking and shuttle plan for all attendees.
E. Any preparation for the use of facilities for a Special Event is the
responsibility of the applicant and is solely at the applicant's risk. It is the
applicant's responsibility to obtain any permits required by the City and
other public agencies.
5.18 WASTE WATER.
No one shall dump any waste - water, including dishwater, any place other than into
toilets at designated restroom facilities or as directed by the employee on duty.
5.19 WATER POLLUTION.
No person shall place any garbage or other waste, or any soiled eating or
cooking utensils or anything similar, in any stream, lake, pond, pool or at
any hydrant for the purpose of cleaning the same, nor shall any person use
any stream, lake, pond, pool or hydrant for washing or bathing, or for
disposal of refuse, or for any activity which .would tend to cause the
pollution thereof. (PMC § 9.48.160)
5.20 HUMAN WASTE - TOILETS.
No person shall deposit or cause to be deposited human waste within a
Community Services facility, other than in designated sanitary facilities.
5.21 RUBBISH.
No person shall leave, dispose of or throw away any garbage, refuse, cans,
trash, ashes, bottles, broken glass, or like substances, or any animal
carcass, in any place except containers provided for that purpose; nor shall
any person bring any such substance, except litter accumulated in the
course of automobile travel, into a City Community Services facility for the
purpose of disposal thereof in City Community Services facilities. (PMC §
9.48.110)
5.22 TOILET FACILITIES.
No male person shall resort to nor loiter about any toilet facilities set apart
for women and no female person shall resort to nor loiter about any toilet
facilities set apart for men; provided, this shall not . apply to children
accompanied by their father, mother or guardian. (PMC § 9.48.150)
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5.23 PEDESTRIAN WALKWAYS.
No person shall ride, operate or use any vehicle, skateboard, bicycle,
scooter, roller skates, or, roller blades in any area of a City facility designated
and posted as a pedestrian walkway. This prohibition shall not apply to
Community Services site employees or City authorized personnel in the
course of their duties. (PMC § 9.48.280)
5.24 GLASS PROHIBITED.
No person shall possess any glass container in any indoor or outdoor area
of a City Community Services facility except pursuant to a permit issued by
the City. (PMC § 9.48.290)
5.25 SMOKING PROHIBITED.
A. No person shall smoke in a public building, on public grounds, in a
public park, or on a public trail, except in areas designated by the
Director of Community Services as smoking areas. (PMC § 8.04.030)
B. The provisions of this -chapter do not apply in any circumstance where
federal or state law regulates smoking if the federal or state law
preempts Ifocal regulation, or if the federal or state. law is more
restrictive. (PMC § 8.04.030)
C. Permanent signs shall be installed at all City parks and City trails
indicating "This Park/Trail Is a Smoke Free Zone." Smoking areas, as
designated by the Director of Community Services, shall be posted
using clear and prominent signs. (PMC § 8.04.040)
D. No person shall smoke within 25 feet of any playground or tot lot sandbox
area unless utilizing a public sidewalk. No person shall dispose of a
cigarette, cigar, or other tobacco - related product, or e- cigarettes, cartridges
for e- cigarettes, or other components of e- cigarettes, within 25 feet of any
playground or tot lot sandbox area. No person shall smoke a cigarette,
cigar, or other tobacco - related product inside a public building or within 20
feet of a main exit, entrance or operable window of a City facility.
5.26 SHADE DEVICES.
Shade devices greater than one hundred (100) square feet in area may be erected
by permit only. Staking shade devices into the ground is not permitted.
5.27 INFLATABLES AND PLAY EQUIPMENT.
A. Inflatable air jumps and play equipment are only allowed with an approved
Air Bounce Permit, proper insurance, and payment of applicable permit fees
as contained in the Fee Schedule.
B. Air Bounces and other inflatable play equipment are' limited to areas
authorized by the Director.
C. Requests to utilize inflatables and equipment with hard surfaces,
mechanical parts, or water features require review from risk management.
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D. Staking of air bounces and play equipment is not allowed.
5.28 POWERED MODEL VEHICLES.
The Director shall authorize and designate areas and times for the operation of
powered model vehicles to ensure compliance with PMC Section 8.08.060 and to
minimize disturbances to other facility users. "Powered model vehicles" means, but
is not limited to: airborne, waterborne, or landborne vehicles such as model
airplanes, model boats, and model vehicles of any type or size, which are not
designed for carrying persons or property and which can be propelled in any form
other than manpower or wind power.
5.29 MOBILE FOOD VENDORS.
Mobile food vendors shall be allowed within a facility in accordance with the
Community Services Department Policy for Mobile Food Vendors, on file with the
City Clerk and at each recreation facility, as adopted by the City Council and
adopted herein by reference.
SECTION 6 CITY FACILITY USE AND RENTALS
6.1 APPLICATION PROCEDURES AND POLICIES.
A. GENERAL. , Rental fees for reservation of facilities are charged for users
requesting specific dates, times;, and areas. Liability insurance or security
may be required depending upon (1) nature of use, (2) user hazard
classification, and 2) alcohol use.
B. APPLICATION FORM. A completed Public Facility Use Application form is
required in order to reserve a facility.
C. APPLICATION SUBMISSION.
1. Until such time that reservations can be made via an online
reservation system, or unless otherwise authorized by the Director of
Community Services, an application must be submitted in person
during regular business hours at the following locations.-
a. Poway Community Swim Center, 13094 Civic Center Drive,
for use of the Poway Community Swim Center;
b. Poway Center for the Performing Arts, 15498 Espola Road, for
use of the Poway Center for the Performing Arts;
C. Poway City Hall Community Services Department, 13325
Civic Center Drive, for use of all other Community Services
facilities.
2. When available, online reservations will be accepted 24 hours per
day, barring any planned or unplanned service interruptions.
3. The rental client named on the application shall assume all liability
and responsibility for payment.
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4. Applications will be accepted for specific dates and times. Time
requested must include all setup and cleanup time. Cleanup time is a
minimum of 1 hour for indoor facilities and '/2 hour for outdoor areas.
5. A Poway business or a Poway nonprofit organization may not submit
an application for a personal, private function, such as a wedding or
birthday party. The private party must submit the application with
residential address, and fees will be assessed according to the
Facility Use Fee Policy and Master Fee Schedule.
6. Applications will be accepted in advance as follows:
a. Poway Center for the Performing Arts: As provided for in the
Poway Center for the Performing Arts Use Policy.
b. For all other facilities, applications must be submitted at least
fourteen (14) days in advance of the date requested. Advance
applications are subject to the following limitations:
Within Poway City Limits: Businesses, organizations,
groups, and private parties located within the City limits
of the City of Poway may reserve a City facility up to
one year in advance.
ii. Within Poway City Limits - exception for non - profit
organization meetings: Poway- based, non - profit
organizations may schedule no more than one meeting
per week or four meetings per month. Applications will
be accepted in December for January- March, in March
for April -June, in June for July- September, and in
September for October - December.
iii. Outside of Poway City Limits: Businesses,
organizations, groups, and private parties located
outside of the Poway City Limits may reserve a
Community Service facility no sooner than six - months
in advance, except for weddings, which may be
reserved one year in advance.
D. RECURRING RESERVATIONS.
Outside of pre- approved, City- sponsored or co- sponsored events,,. and
exceptions stated herein for Poway -based nonprofit organizations, Facility
Use applications will not be accepted for any group or individual for multiple
uses on a continuing basis. A reserved event must be completed before an
application for a subsequent reservation will be approved.
E. APPLICATION REVIEW /APPROVAL.
1. Applications will be reviewed and use will be prioritized by the
Director according to the Facility Use Fee Policy adopted by the City
Council.
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2. Applications are approved for specific rooms, park areas; picnic
.areas, and athletic fields, depending on group size, type of activity,
and availability. No activity shall be scheduled for more than room
capacity.
3. Fees for approved applications will be assessed according to the
Facility Use Fee Policy and Master Fee Schedule adopted by the
City Council.
4. Approval for use will not be granted to a person under twenty -one
(21) years of age.
F. SPECIAL ACCOMMODATIONS.
The Director may make special accommodations for approval, including but
not limited to: the accommodation of a facility use application submitted
less than fourteen (14) business days in advance, subject to availability.
G. SUPPLEMENTAL REQUIREMENTS.
The Director may impose supplemental requirements as a condition' of
approval including, but not limited to:
1. Requirement of additional security, City staff, or insurance.
2. Requirement of a contractual agreement outlining additional
requirements, fees, and limitations.
The applicant shall bear all costs incurred for any supplemental
requirements.
H. CONFIRMATION.
An approved copy.of the facility use application and a facility use permit with
permit number are confirmation of the requested date and times.
DENIAL /CANCELLATION.
The Director may deny a use application, or cancel an approved use
application. A written notification of denial or cancellation with an
appropriate explanation will be given by the Director. Reasons for
denial /cancellation include, but are not limited to:
1. Unsatisfactory prior use by applicant.
2. Existing hazardous condition(s).
3. The application is submitted less than the required minimum number
of days in advance.
4. Nonpayment of fees and /or failure to submit required insurance, or
meet supplemental requirements by the required due date.
5. A higher priority activity takes precedence.
6. The request would prevent adequate public access or exceed
staffing capacities.
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J. INELIGIBLE USERS /USES.
1. The use of any facility will not be granted or permitted to any
individual, society group, or organization which has as its objectives
to overthrow or advancing of the overthrow of the present form of
government of the United States or the State of California by force,
violence, or other means.
2. Except as otherwise provided in these Rules and Regulations, use of
any facility as a regular and primary church, synagogue, temple,,
assembly hall, or other place of worship on the part of a religious
organization is prohibited.
3. Any use that may cause damage to the condition of a facility or
grounds will not be approved.
6.2 GENERAL RULES GOVERNING FACILITY USE
A. REQUIREMENTS.
An approved facility' use permit, insurance, and appropriate fees must be
paid according to the terms of the approved facility use agreement or lease.
The responsible party must be present with the Facility Use Permit in order
for Community Services onsite staff to open and close the facility. The
Community Services site employee cannot open the facility prior to the time
stated on the Facility Use Permit, and cannot leave until the rental client has
left the premises.
B. CONDITION OF FACILITY.,
On the day of the rental, the permitee must initially inspect the premises
with site staff and complete a preliminary Condition of Facility Report before
the permittee can begin setup. A Condition of Facility Report must be
.completed and signed before the permitee can begin setup for an event.
C. TIME EXTENSION.
A Community Services site employee cannot extend a rental at the time of
the event. Changes to reservation times, must be done at least 14 days prior
to the rental date through City Hall during regular business hours. Facility
use and staff time beyond that which was approved and allowed in the
permit will be deducted from the deposit or billed to the user. .
D. LEADERSHIP.
All groups must be under the direction of their own leadership. There must
be at least one adult, at least 21 years of age, present and responsible for
every twenty (20) minors-.
E. DEPARTMENT EQUIPMENT.
Except as noted under use limitations, equipment is available for use in
facility buildings. With approval, chairs and tables may be used in an
exterior rental space when rented in conjunction with an interior space.
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F. LIABILITY INSURANCE.
Insurance is required of a permittee using a facility with a group of 50 or
more, or with a group of any size when alcohol is served. Event insurance
may be purchased through the City of Poway, or may be provided by the
rental client's own service provider. At a minimum, the City of Poway
requires:
1. Commercial General Liability Insurance coverage, minimum of
$1,000,000 each occurrence, and $2,000,000 general aggregate;
AND
2. An Additional Insured Endorsement naming the City of Poway and its
elected and appointed boards, officers, and employees as additional
insured with respect to operations on City of Poway property.
G. BUSINESS CERTIFICATE.
Businesses hired by a rental client, including, but not limited to: catering,
security, and air bounce companies, are required to have a City of Poway
Business Certificate.
H. RIGHT TO ACCESS.
The Department reserves the right to full access for all activities in order to
ensure-that all rules and regulations are being observed, and may terminate
the activity for the safety and welfare of the citizens or City property.
I. ABIDING THE LAW.
No activity will be permitted that is a violation of local, state, or federal
ordinances, statutes, or regulations. Applicants must adhere to all City
policies and fire codes during their use of the facility.
J. SECURITY.
In an effort to maintain order and safety, the director shall establish, and
update as needed, written facility security staff requirements, to be on file
with the City Clerk and at each recreation facility, and which shall be
deemed to be incorporated herein by reference on the date approved by the
director. Permittees shall, at their own expense, provide uniformed security
at such times and in such manner as contained in the requirements. Failure
to do so will result in immediate termination of the rental and evacuation of
the facility. A copy of the signed agreement with the security company, and
a signed acknowledgement of the security staff requirements are due to City
Hall at least 14 days prior to the rental date, except for rental packages,
which are due at least 30 days prior to the rental date.
K. DECORATIONS.
Rental client may decorate the interior of the facility using only non -
damaging materials, such as painter's tape. Nails, tacks, staples, glue, and
duct tape are not allowed. Permitees are responsible for providing their
own equipment,. including extension cords and ladders. Decorations used
on facilities must be removed at the conclusion of the event. Users must
comply with the health and safety code pertaining to the flame proofing of all
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decorations. Permittees will be personally responsible for all damages to
the building or appurtenances thereof and shall be responsible for
reimbursing the City for any loss or damage to city property by such use
described herein.
L. USE OF RICE, BIRDSEED, CONFETTI, GLITTER, OR DYES. are not
permitted inside or outside any facility.
M. FOOD SALES /CATERING.
All rentals selling food products, or that are catered, must be licensed by
and adhere to 'the rules of the San Diego County Department of
Environmental Health. The caterer must post a current health certificate at
the door. Failure to do so will result in termination of the event.
N. RENTAL EQUIPMENT.
Rental equipment must be dropped off and picked up during the hours listed
on the Facility Use Permit.
O. LOSS OR THEFT.
The City of Poway is not responsible for any loss or theft of property. This
includes items left by or waiting for pick -up from caterers or rental
companies.
P. OCCUPANCY.
Occupancy by a permittee of interior and exterior spaces may not exceed
that which has been established by the City. Occupancy limits shall be
posted in each facility.
Q. CLEANUP AND REFUNDS.
1. At the end of the event, rental client is responsible for cleaning all
equipment, counters and tabletops used, soiled, or dampened;
sweeping floors and carpets; and when used, cleaning the kitchen
and all amenities used i.e., refrigerator, stove, oven, and sinks.
Additionally, the rental client is responsible for disposing of all trash
in proper receptacles and removing all personal items, decorations
and /or displays.
2. Rental client is responsible for taking down and putting away all
tables and chairs.
3. At the end of the cleanup and rental period, the rental client will
inspect the premises with site staff and finalize the Condition of
Facility Report.
4. Failure to satisfy cleanup requirements will result in a loss of deposit
equal to cleaning and damage repair costs incurred by the City. If
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the facility is left in a satisfactory condition, a refund will be issued
within 21 days after the rental date.
5.- Rental clients of reserved park areas and picnic areas that are not
subject to the requirement of completing a Condition of Facility
report, are responsible'for adhering to all other requirements under
this Section 6.2, and may be invoiced by the City if deemed
responsible for cleaning and damage repair costs incurred by the
City.
6.3 ALCOHOL BEVERAGE USE — COMMUNITY SERVICES FACILITY RENTAL
A. ADHERENCE TO LAWIRULES.
All groups dispensing alcoholic beverages shall abide by regulations
promulgated by the State of California Department of Alcoholic Beverage
Control, the City of Poway Municipal Code, and rules and regulations
contained herein.
B. ALCOHOL BEVERAGE CONTROL LICENSE.
The proper license must be obtained if alcohol is to be sold, a donation is
requested, or admission is charged when alcohol is present. Said license
shall be displayed in a visible location.
C. MINORS.
No alcoholic beverage shall be served to any person under twenty -one
years of age. Minors must be accompanied by an adult over the age of
twenty -one (21) when alcohol is present. Alcohol is not permitted at rentals
intended for a youth- oriented activity.
D. LIMITS TO USE:
When alcohol is served:
1. Insurance is required and must be approved or purchased through
City Hall.
2. Alcoholic beverages having alcohol content in excess of 20% by
volume are not allowed in City facilities.
3. Security must arrive 30 minutes before alcohol is served. Alcohol
cannot be opened until security has checked -in with Community
Services staff.
4. Consumption of alcohol must end one hour prior to the end of the
rental, not inclusive of cleanup time, or by 9:00 p.m., whichever
occurs first.
5. Security cannot leave early and must stay until the rental has been
cleaned -up and officially signed out by Community Services staff,
irrespective of the number of hours the event host has contracted for
service.
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6.4 MOTION AND STILL PHOTOGRAPHY
A. PROFESSIONAL /PORTRAIT PHOTOGRAPHYIVIDEO.
1. Portrait photography /video (family /engagement/wedding portraits) or
other posed portraiture by professional photographers /videographers
or amateurs acting in the role of a professional, is allowed only when
the products are for personal, private use, and the products are not
resold for commercial purposes.
2. Professional photog rap hers / videog rap hers are required to have a
City of Poway Business Certificate.
3. Outdoor areas that are not reserved may be used on a first -come,
first - served basis for the purpose of portrait photography /video
defined above; however, the activities may not infringe upon those
who are in possession of a valid Facilities Use Permit. Users shall
first check -in with the Community Services site employee to provide
contact information. The Community Services site employee may
determine the appropriate area for staging a shoot.
4. The exclusive use of a facility or a defined space for
professional /portrait photography for personal, private use requires
approval of a Facility Use Application, and payment of applicable
hourly rental rates and staffing fees.
B. COMMERCIAL FILM AND PRINT.
1. The exclusive use of a facility or a defined space for the purpose of
staging and /or obtaining still or motion images for commercial
purposes requires the approval of a Commercial Film and Print
Application, payment of applicable fees as contained in the Fee
Schedule, and insurance at such level commensurate with the risk.
2. It is the responsibility of the business to obtain a City of Poway
Business Certificate, and any permits required by the Development
Services and /or Safety Services departments. A Right -of -Way permit
and associated fees are required if the activity involves a' street
closure and /or requires traffic control.
C. STUDENT FILM AND PRINT.
1. The use of a facility or a defined space for the purpose of staging
and /or obtaining still or motion images for a student project requires
the approval of a (no fee) Commercial Film and Print Application, and
signature of a Waiver /Release of Liability.
2. Outdoor areas that are not reserved may be used on a first -come,
first - served basis; however, the activities may not infringe upon those
who are in possession of a valid Facilities Use Permit. Users shall
first check -in with the Community Services site employee to provide
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contact information. The Community Services site, employee may
determine the appropriate area for staging a shoot.
3. The exclusive use of a facility or a defined space requires payment of
applicable hourly rental rates and staffing fees.
SECTION 7 FISHING AND BOATING REGULATIONS
7.1 LAKE USE PERMITS REQUIRED. Every person eight (8) years and older using
Lake Poway who possesses any fishing gear or occupies a boat containing any
fishing gear must possess a valid lake use permit. Persons_ aged seven (7) years
or younger who possess any fishing gear or occupy a boat containing any fishing
gear require a permit, but do not have to pay the fee. They must be accompanied
by a person aged sixteen (16) or older who is in possession of a valid fishing
permit. A permit is required each day, and is not transferrable.
7.2 NIGHT FISHING.
All persons night fishing must be aged sixteen (16) years or older, or be
accompanied by an individual aged sixteen (16) years or older who is in
possession of a valid fishing permit. All persons under the age of 18 must be out
of the park by 9:45 p.m. or be accompanied by an individual aged eighteen (18)
years or older who is possession of a valid permit.
7.3 CATCHES BY CHILDREN.
The catches of any child age seven (7) years or younger shall apply to the limit of
the accompanying adult.
7.4 NO FISHING AREAS.
No person shall fish from or within 100 feet of any boat ramp, boat float, buoy, or
other floating structure other than a designated fishing float or from or within any
other posted area. Fishing in restricted areas is prohibited.
7.5 CATCH LIMITS AND FISH REGULATIONS.
No largemouth bass less than 12 inches in total length shall be taken from Lake
Poway. No trout shall be released after being caught. Game fish, including
bluegill and sunfish, shall not be used as bait to catch other fish. Shad from Lake
Poway may only be used as bait if caught by net. Chumming is prohibited.
Snagging and /or netting game fish are prohibited. Kernel corn is prohibited as
bait. Catch limits for Lake Poway shall be established by the Director at such
levels to maximize fishing opportunity while maintaining a sustainable stock. All
state freshwater fishing regulations apply with respect to gear and method of take
with the exception of possession of a California State Fishing License.
7.6 WATER CONTACT.
Human contact with the water is not permitted. This includes: swimming, wading,
bathing, cleaning fish, skin, or objects; or engaging in any activity, which may
cause pollution.
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7.7 CLEANING.
No person shall deposit or cause to be deposited, food, scraps, fish remains,
paper, bottles, cans, or any other waste material, organic or inorganic, into the
water or along the shoreline of Lake Poway. Cleaning fish is allowed only where
designated.
7.8 BOAT PERMITS.
Possession of a valid boat permit is required for each boat on Lake Poway.
Permits are not transferrable.
A. Persons must be twelve (12) years old to rent a pedal boat, and sixteen (16)
years old to rent a rowboat or motorboat. A responsible person over the age
of 16 must accompany children under the age of eight (8).
B. All boats must be returned on time. Late returns are subject to an additional
charge.
7.9 PRIVATE BOATSIGASOLINE MOTORS.
The use of any type of private boat or private gasoline motors on Lake Poway is
prohibited.
7.10 BOAT SAFETY.
Each user must adhere to all safety rules, posted or otherwise, including, but not
limited to:
A. Children under the age of twelve (12) must wear a life vest.
B. Passengers may not be dropped off or picked up at any - location except the
boat dock.
C. All boats must keep (100) feet from the shoreline, boat dock, any fishing
float, and other boats.
D. No boat shall be beached on the shoreline except in posted areas for the
use of temporary restroom facilities.
E. No boat shall be operated on Lake Poway with more passengers than its
assigned capacity.
F. Passengers must sit only on the seats in the boats. Sitting on the stern,
bow, or rails is prohibited.
G. Standing on the motors, or steering the motor by- foot'is prohibited.
H. . When night fishing, the boat must have a light turned on at sunset which
shall remain on the entire time the boat is on the Lake.
Human waste shall be disposed of only at the public restrooms and no
containers are permitted in the boats.
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J. Smoking is prohibited in the boats.
K. Unsafe boat operation and horseplay are not allowed.
7.11. WATER QUALITY.
In order to preserve water quality and protect the integrity of the Lake Poway water
system, Community Services site employee may prohibit the presence of gear or
items determined to be potential contaminants.
SECTION 8 LAKE POWAY RECREATION AREA RULES AND USE LIMITATIONS
8.1 CAMPING - EXCEPTION.
The Director, by special written permit, may allow under exceptional
circumstances, eligible youth groups and the public to camp in designated areas.
8.2 CAMPING -ADULT REQUIRED.
A responsible adult must be present for each program camping registration.
SECTION 9 BLUE SKY ECOLOGICAL RESERVE RULES AND USE LIMITATIONS
9.1 RULES AND REGULATIONS.
Visitors to the reserve must abide by all California State Department of Fish and
Game, County of San Diego, and City of Poway rules and regulations.
9.2 UNAUTHORIZED BICYCLES OR VEHICLES.
Visitors may not ride any bicycle nor drive any unauthorized vehicle beyond the
limits of the parking lot.
SECTION 10 NEIGHBORHOOD PARK RULES AND USE LIMITATIONS
10.1 USE.
Neighborhood parks are for the enjoyment of all Poway residents. In scheduling
the use of neighborhood parks, the objective shall be to balance the use of the
park for the enjoyment of the surrounding neighborhood, and use of the park to
meet the needs of organized sports.
10.2 . PRIVATE USE.
A permit is not required for personal private use. Any use by a group, business, or
organization for an organized event will require a Facility Use Permit and payment
of applicable fees.
10.3 ORGANIZED SPORTS.
A. Park use scheduling shall be done by the Department in consultation with
the Poway Sports Association.
B. In scheduling field usage for organized youth sports, school fields shall be
considered first, followed by community parks, and finally neighborhood
parks.
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C. Priority shall be given to local neighborhood teams and youth sports shall
receive preference over adult sports in the scheduling of neighborhood
parks. Priority shall also be given to Poway residents over nonresidents.
D. - When a neighborhood park is required for team use, games shall not be
scheduled back -to -back, so as not to negatively impact traffic or parking
within the neighborhood.
E. Scheduled events at the neighborhood park shall be posted at the park by
the Department.
F. Organized sports at neighborhood parks shall not be scheduled on
Sundays.
G. In scheduling neighborhood parks, the objective shall be to administer these
procedures equally for all neighborhood parks.
H. The Department shall monitor the use of the neighborhood parks, and the
Parks and Recreation Advisory Committee shall periodically review the
policy and procedures for needed changes.
Organized teams must have an approved Facility Use Permit on file with the
City and meet all requirements of said agreement. Users not holding a valid
permit will be required to vacate the premises.
10.4 AIR BOUNCE.
A. Air bounces are allowed in certain neighborhood parks by permit only and
shall be limited to residents of the City of Poway.
B. One Air Bounce Permit will be issued per neighborhood park, per day.
C. Possession of an Air Bounce Permit does not grant or guarantee a
designated space.
SECTION 11 SKATE PARK - RULES AND REGULATIONS
The Poway Skate Park is primarily an unsupervised facility with access granted by
permission only.
11.1 REGISTRATION.
Anyone wishing to obtain access and the parent/guardian for those under the age
of eighteen (18) years, must first submit to a thumbprint and photograph taken by
Community Services staff, and complete the Unsupervised Poway Skate Park
Participant Waiver Form. Registration will take place at the Poway Community
Park office .and Swim Center, located at 13094 Civic Center Drive during regular
business hours.
11.2 UNAUTHORIZED PRESENCE.
Anyone with an unauthorized presence will be asked to leave and not return until
they have complied with the-provisions of this section. Failure to leave, or to return
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without authorization, will be considered a violation of PMC ,§ 9.48.300 and
punishable as such. Registered users found permitting access to non - registered
users will lose entry into the skate park for up to sixty (60) days.
11.3 ADHERENCE TO POWAY MUNICIPAL CODE.
It is unlawful and -punishable as set forth in PMC § 1.08.010 for any person:
A. To ride a skateboard, to skate, . or to be within the fenced area
'surrounding the skate facility in a skate park owned or operated by the
City, whether supervised or not, unless that person is wearing a
helmet, elbow pads and knee pads, which are in serviceable condition
and properly fastened in accordance with the manufacturer's
recommendations for such equipment;
B. To ride, jump, 'carry, possess, or have any scooter or bicycle in a skate
park owned and /or operated by the City; provided, however, that
bicycles and scooters may be ridden jumped, possessed or
maintained in a skate park owned and /or operated by the City during
such times, and subject to such limitations, designated by the Director
of Community Services and clearly identified in appropriate notices
posted at the skate park;
C. To operate motorized equipment in the facility;
D. To perform stunt, trick, or luge maneuvers in or around the skate park,
or in the skate park parking lot;
E. To consume any food, beverage, alcoholic beverage, or drugs in or
upon the skate park;
F. To use tobacco, products within the skate park;
G. To possess glass within the skate park;
H. To use the skate park under wet conditions;
To possess or use unauthorized ramps, jumps, or obstacles in the
skate park;
J. To fail to wear the protective equipment required by this section and
to remain at the skate park after having been directed to leave by any
peace officer for that reason;
K. To enter or to return to the skate park for the purpose of using the
skate park unless said person is wearing the protective equipment
required by this section;
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L. To use the skate park, when under the age of twelve unless
accompanied by a parent or guardian;
M. For a parent, guardian, or other adult person having custody of a
minor under the age of eighteen years to allow such minor to use the
skate park unless said minor is wearing the protective equipment
required by PMC § 9.48.320.
City of Poway staff, Sheriff's Department personnel, and similarly authorized
individuals are exempted from the provisions of this section when their
presence is in conjunction with the performance of their duties.
The City shall erect and maintain regulatory signs at all skate parks owned
and /or operated by the City. Such signs shall give notice that any person
riding a skateboard or skates in the facility must wear a helmet, elbow pads,
and kneepads, and that any person failing to do so will be subject to citation
under Section 9.48.320 of the Poway Municipal Code. Such signs shall also
give notice that any person riding, jumping, carrying, possessing or having a
scooter, .or bicycle in the facility shall be subject to citation under PMC §
9.48.320. In addition, said sign will give notice that a violator's skates,
skateboard, scooter or bicycle may be impounded subject to an impound fee
of twenty -five dollars.
Any peace officer; public safety volunteer, or Park Ranger shall have the
authority to seize and confiscate any property, thing or device which is
located in the skate park and which is used in violation of this section. The
property may be impounded and seized as evidence of the violation. If
property is impounded, impound fee as set by Resolution from time to time
will be charged. (PMC § 9.48.320)
SECTION 12 TWIN PEAKS MULTIPURPOSE CENTER & MEADOWBROOK
GYMNASIUM RULES AND USE LIMITATIONS
12.1 JOINT USE FACILITY.
Use of the gymnasiums is.governed by the Joint Use Agreement between the City
of Poway and the Poway Unified School ,District.
12.2 FACILITY SUITABILITY.
Gymnasium usage will not be granted when other City facilities are deemed more
suitable for requested use.
12.3 ITEMS NOT PERMITTED.
Food, beverages, and hard -or black -soled shoes are not permitted.
12.4 ACTIVITIES NOT PERMITTED.
Hanging on the rim or net, dunking the ball, or throwing or kicking balls into the
ceiling are not permitted.
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12.5 IMPACTED USE.
When five (5) or more players are waiting games in progress will be limited to an
eleven (11) point advantage.
12.6 GROUNDS FOR EXPULSION.
Fighting, shoving, and aggressive behavior are grounds for expulsion.
SECTION 13 POWAY CENTER FOR THE PERFORMING ARTS RULES AND USE
LIMITATIONS
13.1 JOINT USE FACILITY.
Use of the Poway Center for the Performing Arts is governed by the Joint Use
Agreement between the City of Poway and the Poway Unified School District.
13.2. PRIORITY USE.
Priority use is determined by the Poway Center for the Performing Arts Use Policy.
Use is permitted by an approved Facility Use Agreement only, with fees charged
according to the Fee Schedule. The terms of said Agreement shall include, but not
be limited to:
A. The specified portions of the facility and its stage equipment on an "as is"
basis.
B. The services of a technical theater coordinator or stage technician who shall
open and close the facility, and coordinate all other technical theatre staff
services to be provided to the.Licensee on a fee for service basis.
C. The supervisor responsible for the Poway Center for the Performing Arts
shall determine, at his /her sole discretion, the number and types of technical
and other personnel that are required to safely and effectively execute
rehearsals and the performance requirements of the Licensee.
13.3 ALCOHOL.
No alcoholic beverages shall be sold or consumed on the premises on which the
Poway Center for the Performing Arts is situated at any time during which
students are attending .a school sponsored activity at the Center or at any time
during which a performance is being given by groups of persons under the age of
twenty -one (21) years. Alcohol sold or served must conform with the Alcohol
Beverage Control License and regulations in effect at that time.
13.4 PARKING.
For weekday, daytime shows there is no parking available on site. Cars that are
illegally parked in the PCPA's parking lot, or adjacent Poway High School parking
lots will be ticketed and subject to towing. All weekday, day -time performances will
require that patrons park at Lake Poway and shuttle bus service be provided at the
Licensee's expense. Shuttle bus arrangements to and from Lake Poway must be
made with the front of house coordinator no less than thirty (30) days in advance of
the rental date.
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SECTION 14 LAKE POWAY ARCHERY RANGE RULES AND USE LIMITATIONS
14.1 RESERVATIONS.
Reservations will be accepted for group use only and will not be granted to a
person under twenty -one (21) years old.
14.2 PARKING.
Parking for the Lake Poway Archery Range will be in marked stalls within the limits .
of Lake Poway Recreation Area.
14.3 ARCHERY RANGE CARD.
A. Cards may be purchased at the Lake Poway Concession Wednesday
through Sunday.
B. Applicants must obtain a Lake Poway Archery Range Card. The fee for
Archery Range Cards is established in the Fee Policy, with the card valid for
one year from date of purchase.
C. A parent or guardian must sign a waiver for minors under the age of
eighteen (18).
D. An Archery Range Card is not transferable to any other person.
E. Attendees of a one -time permitted rental are not required to purchase a
Lake Poway Archery, Range Card, but must sign a City of Poway
Waiver /Release of Liability.
14.4 USE.
Use of the archery range may only occur during Lake Poway park hours. All users
must check in with the Community Services site employee prior to use. Shooting
may begin 30 minutes after sunrise and must end 30 minutes before sunset.
14.5 USER ELIGIBILITY.AND RESPONSIBILITY.
A. GROUPS -All groups must be under the direction of their own leadership.
There must be at least one adult present and responsible for every ten (10)
minors. An adult must be present at all times and in possession of a Lake
Poway Archery Range Card issued by the City of Poway.
B. INDIVIDUALS - Each user must be in possession of a current Lake Poway
Archery Range card while utilizing the archery range facility and be
prepared to present the card upon staff request.
C. AGE - Users and spectators under the age of sixteen (16) must be
accompanied by an adult eighteen (18) years or older.
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D. TARGETS AND EQUIPMENT - Users must supply and remove their own
targets and equipment.
E. TRASH - Users are responsible for the proper disposal of all trash.
F. PROHIBITED ITEMS - Broad heads, alcoholic beverages, and glass are
prohibited.
G. PROHIBITED ACTIVITIES - Trapping, killing, wounding or maltreating any
wild or domesticated animal is prohibited.
H. OBEY ALL RULES - Failure to obey all rules and regulations posted or
otherwise, may result in revocation of privileges.
14.6 CROSSBOWS.
A. The use of crossbows is not permitted unless it is for the sole purpose of
crossbow siting by those in possession of a valid Disabled Archer Permit.
B. Advance reservations are required, with a two -hour minimum rental period,
and are limited to no more than two times per calendar year, per person,
and are subject to approval by the Lake Poway Recreation Area Supervisor.
C. In order to qualify, the individual must be in possession of a valid State
Department of Fish and Game Disabled Archer Permit and Lake Poway
Recreation Area Archery Range Card. Both, along with a valid government -
issued ID, must be presented to the City at the time of reservation and
during use.
D. Facility use fees contained in the Fee Schedule for crossbow siting will be
waived, however the Archery Range Card fee does apply.
14.7 SAFETY RULES. Each user must adhere to all safety rules including, but not
limited to:
A. All shooters must shoot from the same distance.
B. No one may move forward of the shooting line until all shooting has stopped
and all arrows removed from -all bows.
C. No drawing of bows with arrows unless at the shooting line.
D. Loudly announce any observed problem or dangerous situation and order
all shooting to be stopped immediately.
E. Shoot only at standard target bales (No hills, etc.).
F. ' Shoot no more than six arrows at a time.
G. Be considerate of other archers and keep noise levels down.
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SECTION 15 DOG PARK RULES AND USE LIMITATIONS
15.1 OWNER RESPONSIBILITY.
Owners are to remain in the fenced area with their dogs, ensure that dog licenses
and vaccinations are current, keep their dogs on a leash until they are within the
fenced area, and properly cleanup after their dogs.
15.2 DOG SHOWS AND TRAINING CLASSES.
Dog shows and training classes may be held within the Dog Park by reservation
only.
15.3 ADULT SUPERVISION.
Children under the age of ten (10) years must be supervised by an adult at all
times within the boundaries of the Dog Park.
SECTION 16 TENNIS COURTS RULES AND USE LIMITATIONS
16.1 AVAILABILITY AND USE.
Court use shall be based on the honor system: one hour for singles and two hours
for doubles. Users must be aware and respectful of other users and stay within the
time limit.
16.2 PRIORITY USE.
City of Poway classes and tournaments have priority use of courts.
16.3 PRIVATE LESSONS PROHIBITED.
Private lessons are not permitted.
SECTION 17 SPORTS FIELDS AND TEAM USE RULES AND LIMITATIONS
17.1 The Department will establish priority in scheduling fields to meet the greatest
need for recreational youth sports organizations in the City of Poway community.
Priority within each category is given on a longevity basis, with new teams added
to the bottom of the priority list.
A. In- season recreational youth sports organizations belonging to the Poway
Sports Association (PSA) with fifty -one percent (51%) or more Poway
residents.
B. In- season traveling /competitive PSA teams with fifty -one percent (51%) or
more Poway residents.
C. In- season PSA club teams with fifty -one percent (51%) or more members
Poway residents.
D. Off - season PSA recreational youth sports organizations with fifty -one
percent (51 %) or more Poway residents.
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E. Off - season PSA traveling /competitive teams with fifty -one percent (51 %) or
more Poway residents.
F. 'Off- season PSA club teams with fifty -one percent (51 %) or more members
Poway residents.
G. Nonresident youth sports organizations.
H. Nonresident club teams.
17.2 As members of the PSA, leagues will notify the Department within twenty -four (24)
hours of all field use cancellations at City facilities. A penalty fee will be assessed
according to the Fee Policy if said notice is not received.
A. The City of Poway does not charge PSA member organizations during a
sport's regular season for outdoor facilities, with the exception of fees for
lights and tournaments, as established in the Fee Policy. Fees will be
charged for field, and light use during the off season for practices and
games according to the Fee Policy. Regular fees will be in effect for all
coaches for individual use.
B. In the event the Sheriff's Department is called out for any related
disturbance, the field rental will be terminated immediately.
C. Groups must have a facility reservation contract approved by Department to
utilize fields.
D. Reserved field time must be used or released for rescheduling. A fee will
be charged according to the Fee Policy for unused field time.
E. Passenger vehicles are not allowed on fields or walkways. Any vehicle that
will be used to prepare the fields must be designed to accomplish that
purpose and be approved by the City.
F. Public address systems or amplification may not be used without prior
written approval by the City.
G. Fields will be closed during inclement weather.
H. Alcohol use is not permitted at any PSA activity.
Use of fields, for which the City has a Joint Use Agreement with another
public agency, is subject to the terms of said agreement.
J. All coaches, umpires, participants, and visitors who are not residents of the
City of Poway must pay the nonresident parking fees at Lake Poway as
provided for in the Fee Schedule.
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SECTION 18 POWAY COMMUNITY SWIM CENTER RULES AND USE LIMITATIONS.
18.1 CHILDREN.
A. Children (7) years old and under must be accompanied in the water by a
responsible adult (up to two children per adult). The adult must pay the
admission fee and wear swim attire.
B. An adult must supervise non - swimming children of any age at'all times (up
to two children per adult).
C. Any child 8 or older may be required to take a swim test to demonstrate
they can swim without being accompanied by an adult. Upon successful
completion of a swim test, the child will be allowed to swim on that day
without being accompanied by an adult.
18.2 GENERAL RULES.
A. All persons wearing swimming attire must pay to be in the Swim Center.
B. All persons entering the pool must wear proper swim attire.
C. All persons must shower before entering the pool.
D. Pool steps, ladders, and railings are to be used for entering and exiting the
water only.
E. Swimmers moving in the_ pool from the deep end to the shallow end, or vice
versa, should be considerate of lap swimmers. Do not pass through their lap
lanes.
F. Kickboards are not allowed in the shallow or deep end during recreation
swim times, only in the lap lanes for purposes of swimming laps.
G. Use of toys, flotation devices, masks, fins, snorkels, balls, and any other
throwing or diving items must be approved by pool staff before entering the
pool.
H. All food and beverage items must be consumed in the concession area and
picnic areas only. No glass containers are allowed.
I. Food and. beverages are not permitted in locker room areas or in the pool.
J. All persons shall obey the pool staff at all times. Horseplay, roughhousing,
fighting, and abusive language will not be tolerated in the facility.
18.3 . SAFETY RULES. All safety rules posted or otherwise, shall be followed, including
but not limited to:
A. No running; walk slowly.
'B. Do not swim with open cuts, sores, or infections of any kind, or if ill.
C. Emergency and evacuation procedures must be observed.
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D. Diving from the side of the pool is permitted only in water posted as deeper
than 6 feet.
E.. No back flips, jumping backward, twisting, or forward flips are allowed off
the side of any areas of the pool.
F. Swimming in the diving board area is prohibited unless the boards have
been closed.
G. Dunking, chicken fights, wrestling, throwing or pushing people in the water -
is prohibited.
H. Any behavior deemed unsafe by the lifeguards is prohibited.
18.4 LAP SWIMMING RULES.
A. During any time the pool is open to the public, lanes will be set aside for lap
swimming. Certain times may be designated for adult lap -swim only.
B. Playing in the lap lanes is not permitted.
C. Swimmers shall not move lap swimmers out of lanes for the- purpose of
providing a structured workout to a group of two or more swimmers.
D. Coaching organized individuals or swim team participants is prohibited
unless authorized by the Director. Swimmers who wish to have a timed
swim must request to do so through pool staff during the noon hour.
E. Children are not permitted in the lap lanes unless they are swimming laps
and are accompanied by a responsible adult. The adult must be in the lane
with the child.
18.5. WADING POOL RULES.
A. Children who are not toilet trained are required to wear waterproof pants or
diapers in the wading pool and the main pool.
B. Toys are acceptable as long as they are not being thrown or used in an
unsafe manner.
C. Kickboards are not allowed in the wading pool during open recreation swim
times or during crowded times of the day.
D. Parents must accompany children in the wading pool at all times. Children
in the wading pool without adult supervision will be asked to leave the area.
E. Children 6 years and older are not permitted in the wading pool.
18.6 LOCKER ROOM RULES.
A. Do not leave personal items unattended in the locker room at any time.
43 of 70 April 15, 2014 Item # 3.3
Facility Use Rules and Regulations
Page 36 of 37
B. Duration of showers is to be kept to a minimum; shower faucets should be
turned off after showering.
C. Parents with a child over the age of 6 and of the opposite sex should bring
the child to the pool dressed and ready to swim prior to using the facility. In
the event the :child needs to use the restroom, the lifeguard will escort the
child to,the appropriate facility.
18.7 ACTIONS.
Roughhousing, fighting, and failure to adhere to posted rules or requests
from pool staff will result in expulsion from the Swim Center.
18.8. GROUP RENTALS.
A. On day of reservation, groups may increase the number of participants from
that listed on the application by no more than twenty percent (20 %).
B. Any special requests must be made in writing to the Swim Center
Recreation Supervisor.
C. The Swim Center Recreation Supervisor must approve toys, flotation
devices, masks, snorkels, ,balls, etc., prior to reservation date. During
summer recreational swim hours, these items will not be allowed.
D. Groups must enter the pool area by the side gate and must review pool
rules with a lifeguard prior to entering.
E. There must be one (1) adult for every twenty (20) minors present'during a
rental.
F. Groups are responsible for cleaning up after themselves and keeping their
areas clean.
SECTION 19 CITY COUNCIL CHAMBERS AND COURTYARD USE LIMITATIONS
19.1 USE DURING CITY HALL REGULAR BUSINESS HOURS.
A. City Council Chambers and Observation Room: Organizational
meetings, educational seminars, and training sessions, are considered
acceptable uses. Parking at City Hall is limited during regular hours;
therefore, meetings where more than 50 people are anticipated to attend
are permitted only by permission of the Director of Community Services.
Setup is permitted beginning at 7:30 a.m. with guests arriving. no earlier
than 8:00 a.m. and departing no later than 10:00 p.m.
B. Courtyard: Social events are permitted. Setup for outdoor functions is
permitted beginning at 2:00 p.m. with guests arriving no earlier than 5:30
p.m. and departing no later than 10:00 p.m. Occupancy is limited to 250.
C. City Hall Office Building Kitchen:' Access is permitted beginning 2:00
p.m. with cleanup finished by 11 :00 p.m.
44 of 70 April 15, 2014 Item # 3.3
Facility Use Rules and Regulations
Page 37 of 37
19.2 USE DURING OTHER TIMES.
A. City Council Chambers and Observation Room: Organizational meetings,
educational seminars, training sessions, and social events are considered
acceptable uses. With the exception of Tuesdays, when no rental is
permitted, setup is permitted beginning 7:30 a.m. with guests arriving no
earlier than 8:00 a.m. and departing no later than 11:00 p.m.
B. Courtyard: Social events are permitted. Setup for outdoor functions is
permitted beginning 8:00 a.m. with guests departing no later than 10:00
p.m.
C. City Hall Office Building Kitchen: Access is permitted beginning 8:00 a.m.
with cleanup finished by 11:00 p.m. Access to the City Hall office building is
not permitted.
19.3 EQUIPMENT-
Chairs are available for use for meetings held inside the Council Chambers. All
other equipment must be provided by the permitee. Permitees must provide own
audio /visual equipment unless authorized by the Director and staff service charges
will apply according to the Fee Policy.
19.4 RESTING PERIOD:
The Courtyard requires a 72 -hour interval between reservations utilizing the grassy,
area unless permitted in writing by the Director.
SECTION 20 OLD POWAY PARK RULES AND LIMITATIONS
20.1 All persons must cross the railroad tracks at approved locations only.
20.2 Standing on or walking along the railroad tracks while the train is in use is
prohibited.
SECTION 21 CHANGES TO THE POLICY.
'Changes to existing law by applicable government agencies that affect this policy
shall be included as necessary, in addition to applicable resolutions of the Poway
City Council. Future changes or amendments to the Poway Municipal Code
affecting this policy shall be deemed to have been incorporated into this policy by
this reference, as if fully set forth in the policy. In the case of any conflicts between
this policy and the Poway Municipal Code, or any other applicable laws, the Code
provision or applicable law shall control over the policy.
SECTION 22 SEVERABILITY.
If any section, subsection, sentence, clause, phrase, part, or portion of this policy
is, for any reason, held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of
this policy. It is hereby declared that this policy and each section, subsection,
sentence, clause, phrase, part, or portion thereof, would have been adopted or
passed irrespective of the fact that any one or more sections, sentences, clauses,
phrases, parts, or portions.be declared invalid or unconstitutional.
45 of 70 April 15, 2014 Item # 3.3
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ESTABLISHING THE COMMUNITY SERVICES DEPARTMENT
PROGRAMMING AND FACILTY USE FEE POLICY,
AND REPEALING RESOLUTION NO. 07 -089
WHEREAS, fees for the use of Community Services Facilities have been
established in the Master Fee Schedule to provide for the recovery of operation and
maintenance costs associated with said facilities; and
WHEREAS, fees have been established in the Master Fee Schedule for recreation
programing offered by the City; and
WHEREAS, a Community Services Department Programming and Facility Use Fee
Policy, which can be amended or added to in, part by a Resolution or Ordinance of the City
Council of.the City of Poway, provides greater continuity and efficiency in the assessment
and collection of these fees; and -
WHEREAS, it is necessary from time to time to update the policy for the use of City
of Poway Community Services facilities and participation in programs; and
WHEREAS, the classification of applicants and corresponding user fee categories
have been clarified and updated,- and
WHEREAS, provisions relating to deposits, payment schedules, cancellations, and
refunds have been updated.
NOW, THEREFORE, BE IT RESOLVE_ D by the City Council of the City of Poway as
follows:
Section 1: That certain Community Services, Department Programming and Facility Use
Fee Policy, presented at this meeting and as set forth in Exhibit 1 to this Resolution, is
hereby approved and adopted, and shall be effective immediately.
Section 2: Resolution No. 07 -089 is hereby repealed, rescinded and of no further force
and effect.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway
at a regular meeting this 15th day of April 2014.
Don Higginson, Mayor
46 of 70 ATTACHMENT B April 15, 2014 Item # 3_3
Resolution No.
Page 2
ATTEST:
Sheila R. Cobian, CIVIC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CIVIC, City Clerk, of the City of Poway, do hereby certify under penalty
of perjury that the foregoing; Resolution No. 14- was duly adopted by the City Council at a
meeting of said City-Council held on the 15th day of April 2014, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CIVIC, City Clerk
City of Poway
Exhibit-
1 . Community Services Department Programming and Facility Use Fee Policy.
47 of 70 April 15, 2014 Item # 3_3
Exhibit 1
CITY OF POWAY COMMUNITY SERVICES
DEPARTMENT PROGRAMMING AND
FACILITY USE FEE POLICY
SECTION 1 GENERAL POLICY
1.1 Rules for use of City of Poway Community Services Facilities under the
jurisdiction of the Community Services Department (hereinafter referred to as
"facility /facilities "), including, parks, recreation facilities, cultural facilities, public
trails, and (for the purposes of this policy) City Hall Council Chambers, patio and
courtyard, are contained in the City of Poway Community Services Department
Facility Use Rules and Regulations Policy as authorized by the City Council,
hereinafter referred to as "Facility Use Rules and Regulations ".
1.2 Fees established within the Master Fee Schedule are commensurate with, and
have been determined to reasonably relate to, the costs associated with
provision of the facilities including, but not limited to: maintenance, staff,
promotion, and improvements:
1.3 Permission to reserve a facility is granted by permit only, and users must be
responsible for payment of all fees and conditions contained within this policy,
compliance with the Facility Use Rules and Regulations, rules posted at the
facility, and the Poway Municipal Code.
1:4 Permittee must observe all City, County, State and Federal ordinances, laws,
rules or regulations. Permits may be revoked by the Community Services site
employee for violation of any applicable ordinances, laws, rules, and regulations.
1.5 Permits issued by the-Community Services Department may not be subleased.
Reservation of facilities by Poway nonprofit organizations, businesses, or
residents on behalf of nonprofit organizations, businesses, or residents located
outside of the Poway City Limits is not allowed, and may forfeit future use of
facilities.
1.6 The Director of Community Services shall have the sole authority to reduce or
waive fees when deemed appropriate and legally permissible.
1.7 Advance reservation is subject to the limitations as provided in the Facility Use
Rules and Regulations.
SECTION 2 CLASSIFICATION AND PRIORITY OF FACILITY USE APPLICANTS
2.1 CLASSIFICATION. OF APPLICANTS - Each Facility Use application will be
reviewed and classified into a group depending on the type of organization and
the intended use of the facilities. This policy distinguishes between nonprofit
organization facility use for regular meetings, and nonprofit organization facility
use for a function (special event, fundraiser, ceremony). If demand exceeds the
supply of available facilities, a priority classification system for use is
Page 1 1
48 of 70 April 15, 2014 Item # 3_3
established. User classifications are listed in order of priority with Category A
first, Category B second, and so on:
Category A: City of Poway; Poway Unified School District (PUSD) and their
*At the discretion of the Director of Community Services, a public agency located
outside of Poway City Limits may be categorized as "A" when the rental purpose
directly benefits the City of Poway.
** Field and Lighting use Fees for PSA groups are discounted per the PSA
Manual.
2.2 POWAY- A Poway individual, organization, school or business must be located
within the Poway City Limits, and have a Poway, street address. Proof of
residency is required.
2.3 NONPROFIT ORGANIZATION - An organization must submit one of the
following documents as proof of its nonprofit /non - commercial status:
A. Federal confirmation of a 501(c)(3) or 501(c)(7) status (e.g., a
"determination letter" from the IRS), or
B. State confirmation, to include the State - issued organization number (e.g.,
a "determination letter" from the Franchise Tax Board), or
C. Articles of Incorporation or Constitution and By -Laws that clearly state
that the objective of the organization is of a nonprofit, non - commercial
nature.
2.4 POWAY NONPROFIT ORGANIZATION - A Poway Nonprofit must meet the
criteria for a Nonprofit Organization described in Section 2.3, and it must show
that it is a Poway Chapter located within the Poway City Limits.
2.5 CITY PRIORITY - City of Poway and Community Services Department activities
have first priority for the use of facilities. The City retains the right to cancel
approved Facility Use Permits in order to accommodate City needs.
Page 12
49 of 70 April 15, 2014, Item # 3_3
school Foundations
Category B:
PUSD schools (Parent Teacher Student Association (PTSA),
Extended Student Services (ESS), boosters, and clubs)
Poway Nonprofit Organization located in Poway City Limits —
Meeting only
Public Agencies
Poway Sports Association (PSA)- Meeting only
Category C:
Poway Nonprofit Organization located in Poway City Limits -
Function
Poway Sports Association (PSA)- Function **
Poway Chamber of Commerce
Category D:
Individual residing in Poway City Limits
Category E:
Business located in Poway City Limits
Nonprofit located Outside of Poway City Limits
Category F:
Individual residing outside of Poway City Limits
Business located outside of Poway City Limits
*At the discretion of the Director of Community Services, a public agency located
outside of Poway City Limits may be categorized as "A" when the rental purpose
directly benefits the City of Poway.
** Field and Lighting use Fees for PSA groups are discounted per the PSA
Manual.
2.2 POWAY- A Poway individual, organization, school or business must be located
within the Poway City Limits, and have a Poway, street address. Proof of
residency is required.
2.3 NONPROFIT ORGANIZATION - An organization must submit one of the
following documents as proof of its nonprofit /non - commercial status:
A. Federal confirmation of a 501(c)(3) or 501(c)(7) status (e.g., a
"determination letter" from the IRS), or
B. State confirmation, to include the State - issued organization number (e.g.,
a "determination letter" from the Franchise Tax Board), or
C. Articles of Incorporation or Constitution and By -Laws that clearly state
that the objective of the organization is of a nonprofit, non - commercial
nature.
2.4 POWAY NONPROFIT ORGANIZATION - A Poway Nonprofit must meet the
criteria for a Nonprofit Organization described in Section 2.3, and it must show
that it is a Poway Chapter located within the Poway City Limits.
2.5 CITY PRIORITY - City of Poway and Community Services Department activities
have first priority for the use of facilities. The City retains the right to cancel
approved Facility Use Permits in order to accommodate City needs.
Page 12
49 of 70 April 15, 2014, Item # 3_3
2.6 POWAY CENTER FOR THE PERFORMING ARTS PRIORITY - Priority for use
of the Poway Center for the Performing Arts (PCPA) is established in the Poway
Center for the Performing Arts Use Policy. Each application will be reviewed by
the Community Services Director and /or designated staff and, for the purpose of
assessing fees according to the Facility Use Fee Schedule, classified into a
group depending on the type of organization. Nonprofit, non - commercial and
'governmental entities shall be classified as "PCPA -A," and for - profit
commercial and all other entities classified as "PCPA -B."
2.7 SPORTS LEAGUES - The Community Services Department shall establish
priority in scheduling fields to meet the greatest need for recreation youth sports
organizations in the City of Poway, as provided in the Facility Use Rules and
Regulations, and the Poway Sports Association (PSA) manual.
SECTION 3 FEES AND PAYMENT
3.1 USE FEES - are "per -use" and charged according to the City's Master Fee
Schedule (hereinafter referred to as "Fee Schedule ").
3.2 RATES.- are "per- hour" unless otherwise authorized.
3.3 RENTAL MINIMUM - There is a two (2) hour minimum charge for the' use of
facilities, except the Poway Center for the Performing Arts, which has a five (5)
hour minimum charge.
3.4 RENTAL PACKAGE - The Director may establish rental packages for the
use of specific facilities for a certain number of hours (e.g., wedding
package).
3.5 PROCESSING FEE - A nonrefundable processing fee will be charged according
to the Fee Schedule for each facility use application filed, and is due when the
application is submitted.
3.6 RENTAL DEPOSIT - A Rental Deposit contained in the Fee Schedule is due
upon application for the PCPA,and for rental packages. The rental deposit less
any applicable fees will be refunded to the applicant within twenty -one (21) days
after the rental date.
3.7 CLEANING /DAMAGE DEPOSIT - A Cleaning /Damage Deposit contained in the
Fee Schedule is due when the application is submitted. The deposit or portion
thereof may be retained.in accordance with the conditions provided in this policy
and the Facility Use Rules and Regulations. Any remaining deposit will be
refunded to the permittee within twenty -one (21) days after the rental date.
3.8 STAFF SERVICE FEES — Fees for services provided by the Community
Services staff will charged for use of the facilities are according to the Fee
Schedule as follows:
Page 13
50 of 70 April 15, 2014 Item # 3_3
A. Poway Center for the Performing Arts: theatre technician service fees
contained in the Facility Use Fee Schedule are payable' at Level 1
when work does not exceed eight (8) hours per day, and Level 2 for work
in excess of eight (8) hours per day. Staff Service Fees are due within
ten (10) days after billing.
B. All other facilities: for use during hours when the facility is not regularly
available for rental as provided in the Facility Use Rules and
Regulations, Staff Service Fees covering the reserved time are due
fourteen (14) days prior to rental date.
3.9 .. CANCELLATION FEES — Should the applicant cancel the use �of facilities a
cancellation fee will be charged, as contained in the Fee Schedule, and will be
assessed as follows:
A. Poway Center for the Performing Arts and rental packages — assessed to
the Rental Deposit if canceled less than sixty (60) days in advance.
B. Swim Center — assessed to the Cleaning /Damage Deposit if canceled
less than fourteen (14) days in advance.
C. Sports Fields — as defined in the Poway Sports Association (PSA)
Manual.
D. All other facilities assessed to the Cleaning /Damage Deposit if
canceled less than fourteen (14) days in advance.
E. Recreation Programming — assessed to the program registration
refund. If the program is canceled or overbooked by the City of
Poway and /or the "independent contract instructor, no fee will be
assessed.
3.10 GROUP LIABILITY INSURANCE FEES — Insurance coverage shall be required
for all users of facilities as specified in Facility Use Rules and Regulations, and
proof of required insurance is due fourteen (14) days prior to rental date.
Permitee shall provide a Certificate of Insurance with a separate Endorsement
page naming 'the City of Poway as additionally insured, or purchase City -
provided insurance, the rates for which are established by the Joint Powers
Insurance Agency.
3.11 ALCOHOL PERMIT FEES - As established by the Joint Powers Insurance
Agency alcohol permit fees are per -use and required when alcohol is served
and consumed by parties other than solely by the permitee. The Alcohol Permit
Fee is due when the final payment is due.
3.12 CONTRACT CLASS FEES - Fees for classes taught by a contract instructor
shall be determined in accordance with the City of Poway Contract Instructor
Policies and Procedures.
3.13 CITY- OPERATED PROGRAMMING FEES- Fees for City- operated programming
will be charged according to the Fee Schedule.
3.14 ADDITION OF LIKE FEES - In the event that a service is required and the fee is
not set forth in the Fee Schedule, the Director of Community Services may
determine fees associated with facilities or programs added to the jurisdiction
Page 14
51 of 70 April 15, 2014 Item # 3.3
of the Community Services Department in a manner that is consistent with
existing facilities or programs.
3.15 PAYMENT TO CITY - Payment of fees is due as contained within this policy.
Checks or money orders are to be made payable to: City of Poway. Applications
will not be accepted from applicants with any outstanding balances past due.
A. Park and Picnic Areas, and Air Bounce Permit: Full payment is due when
the application is submitted.
B. Other Facilities: Full payment of the applicable deposit is due when the
application is submitted. Once the application is approved and a permit is
issued, up to two changes may be made more than 14 days in advance of
the rental date. Final payment of all fees is -due 14 days prior to the rental
date, at which point no further changes may be made.
C., Rental Package: Full payment of the applicable deposit is due when the
application is submitted. Once the application is approved and a permit is
issued, payment must be paid in full 60 days in advance. Up to two
changes may be made more than 30 days in advance of the rental date.
No further changes may be made less than 30 days in advance of the
rental date.
3.16 REFUNDS -
A. Facility Rentals:
1. Refunds, less applicable cancellation fees, will be made to the
permitee within twenty -one (21) days after the cancellation date.
2. A rental may be rescheduled to a different location or date in
anticipation of inclement weather provided the re- scheduled date
and venue are available for use; however, cancellation fees shall
apply to refunds requested in anticipation of inclement weather.
3. Refunds are not granted to rental clients on or after a rental date.
B. Recreation Programming: -
1. A full refund will be issued for all classes canceled or overbooked
by the City of Poway and /or the independent contract instructor.
2. Prior to the first day of class:
a. Customer may request a refund prior to the start date. A
cancellation fee as contained in the Fee Schedule will be
deducted.
b. In lieu of a refund, customer may request a full credit to be
placed on account. The credit on account will be valid for
one year and may be applied to another enrollment or
reservation. If the credit is not used after one year, the
funds will be forfeited and the customer's account will be
cleared.
3. Except as otherwise provided in this policy, if a registrant fails to
attend a program after it begins, the registrant is not entitled to a
refund.
Page 15
52 of 70 April 15, 2014 Item # 3.3
4. After the first day of class:
a. Requests for refunds will only be granted if the slot can be
filled by another customer on a waiting list. If that slot can
be filled, the refund will be prorated and the cancellation
fee will be deducted.
b. Requests for refunds for classes, camps, or programs with
enrollment fees that are less than the cancellation fee
established in the Fee Schedule will automatically be given
as credit on account.
5. Exceptions may be authorized by the Director of Community
Services. A doctor's note or written request describing the
extenuating circumstances must be submitted to the Community
Services Department.
SECTION 4 PARKING AT LAKE POWAY
Residents of the City of Poway-are not charged to park at Lake Poway. Residents may
obtain a Resident Permit at the Lake Poway entry station or the Community Services
Department during operating hours upon submission of government- issued identification
showing Poway residency. ' Vehicles belonging to nonresidents are assessed the
parking fee as provided in the Fee Schedule during such times of the year that parking
fees are charged.
A. Special Considerations:
1. Parking fees for nonresident employees attending a permitted
event held by a business located within the limits of the City of
Poway shall be established in the Fee Schedule.
2. Persons in possession of a valid fishing permit are not
required to pay for parking.
3. Parking fees are waived for those in possession- of a current
active -duty Armed Forces identification card.
SECTION 5 CHANGES TO THE POLICY
Changes to existing law by applicable government agencies that affect this policy
shall be included as necessary, in addition to applicable resolutions of the Poway
City Council.
SECTION 6 SEVERABILITY
If any section, subsection, sentence, clause, phrase, part, or portion of this policy is
for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
policy. It is hereby declared that this policy and each section, subsection, sentence,
clause, phrase, part, or portion thereof, would have been adopted or passed
irrespective of the fact that any one or more sections, sentences, clauses, phrases,
parts, or portions be declared invalid or unconstitutional.
Page 16
53 of 70 April 15, 2014 Item #3.3
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
AMENDING THE MASTER FEE SCHEDULE TO
UPDATE COMMUNITY SERVICES FEES, and
REPEALING RESOLUTION NO. 12 -024
WHEREAS, California Code section 66016 et seq. establishes procedures for the
adoption of fees for services by local government; and
WHEREAS, on May 4, 2010, the City Council adopted Resolution No. 10 -017,
adopting a Master Schedule of Fees, which includes fees for the Community Services
Department; and
WHEREAS, on June 5, 2012, the-City Council adopted Resolution No. 12 -024
Amending the Master Fee Schedule to Incorporate Updates to Community Services Fees;
and
WHEREAS, the Community Services Facility Use Fee Policy adopted by the City
Council on April 1, 2014, allows the Director of Community Services to determine proposed
fees associated with facilities or program added to the jurisdiction of the Community
Services Department in a manner that is consistent with existing facilities or programs, and
to, thereafter, present the proposed fees to the City Council for consideration and approval,
and;
WHEREAS, large outdoor rental areas have been brought online under the existing
fee category of "Park Area Occupancy 150 & Over: Ceremony Lawn and Box Car Lot at
Old Poway Park, and Gazebo at Community Park ", and
WHEREAS, a cleaning /damage deposit has been collected for use of large outdoor
areas at Old Poway Park consistent with the existing fee category of "Cleaning /Damage
Deposit for Indoor Spaces," which is necessary for the protection of these heavily utilized
facilities; and
WHEREAS, a cleaning /damage deposit has been established for the rental of
facilities grouped into wedding packages at Old Poway Park, consistent with the existing
fee category of "Performing Arts Center Rental Deposit, First Day," which is necessary for
the protection of the these heavily utilized facilities; and
WHEREAS, Air Bounce Permits are issued at Lake Poway and Community Park in
conjunction with a park area rental, the fee for which is less than the existing fee category
"Aibounce Permit Fee" for neighborhood parks; and
54 of 70 ATTACHMENT C April 15, 2014 Item # 3.3
Resolution No.
Page 2
WHEREAS, the "Kid's Night Out" event has been added to Community Services
program offerings under the existing fee category "Community Park "; and
WHEREAS, Itemization of these fees and charges in the Community Services
section of the Master Fee Schedule provides clarity and transparency to the public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The City Council finds that this amendment to the Master Fee Schedule is
exempt from the requirements of CEQA pursuant to CEQA Guidelines Section
15273 (a) 1).
Section 2: The City Council hereby modifies the Community Services Section of the
Master Fee Schedule by itemizing the rental schedule for the Ceremony Lawn and Box Car
Lot at Old Poway Park, and Gazebo at Community Park and Lake Poway; itemizing
rental /cleaning deposits for Outdoor Spaces at Old ,Poway Park; itemizing the
cleaning /damage deposit for the rental of facilities grouped into wedding packages at Old
Poway Park; differentiating an Airbounce Permit at a neighborhood park from an Airbounce
Permit issued at Lake Poway and Community Park in conjunction with a park area rental;
and itemizing the admission fee for Kid's Night Out., The updated Community Services
section of the Master Fee Schedule is attached as Exhibit 1.
Section 3: The changes shall become effective immediately.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway at
a regular meeting this 15th day of April, 2014.
Don Higginson, Mayor
55 of 70 April 15, 2014 Item # 3.3
Resolution No.
Page 3
ATTEST:
Sheila R. Cobian, CIVIC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CIVIC, City Clerk, of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 14- was duly adopted by the City Council at a
meeting of said City Council held on the 15'h day of April, 2014, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CIVIC, City Clerk
City of Poway
Exhibit-
1 . Updated Community Services Section of the Master Fee Schedule
56 of 70 April 15, 2014 Item # 3.3
Exhibit 1
Master Fee Schedule Effective April 15, 2014
FACILITY USE fees vary by category and priority as follows:
A: City, PUSD & PUSD School Foundation
B: PUSD Schools (PTSA, ESS, boosters, clubs) /Poway NP Meeting /PSA Meeting /Public Agency
C: Poway NP Function /PSA Function /Poway Chamber of Commerce
D: Poway Resident
E: Poway Business /NP Outside of Poway
F: Individual Residing Outside of Poway /Business Located Outside of Poway
N /A: Indicates facilitiy is NOT AVAILABLE for use by certain categories of organizations
N /C: Indicates No Charge
Description Per Hour
Community Park
N/C A
$ 34 B (hourly rate)
Auditorium $ 52 C (hourly rate)
$ 69 D (hourly rate)
$ 103 E (hourly rate)
$ 121 F (hourly rate)
57 of 70 April 15, 2014 Item # 3.3
N/C
A
$
27
B (hourly rate)
Bill Bond Hall Room 1 $
41
C (hourly rate)
$
54
D (hourly rate)
$
80
E (hourly rate)
$
94
F (hourly rate)
N/C
A
N/C
B (hourly rate)
Bill Bond Room 2 or 3 $
30
C (hourly rate)
$
41
D (hourly rate)
$
61
E (hourly rate)
$
71
F (hourly rate)
57 of 70 April 15, 2014 Item # 3.3
N/C
A
$
N/C
B (hourly rate)
Nutrition Room $
21
C (hourly rate)
$
28
D (hourly rate)
$
43
E (hourly rate)
$
49
F (hourly rate)
57 of 70 April 15, 2014 Item # 3.3
N/C
A
$
14
B (hourly rate)
Kitchen $
21
C (hourly rate)
$
28
D (hourly rate)
$
42
E (hourly rate)
$
49
F (hourly rate)
57 of 70 April 15, 2014 Item # 3.3
Description Per Hour
Community Park Outdoor Areas
Dog Park Pen 1, 2, or 3 N/C A
$
N/C
A
$
N/C
B (hourly rate)
Activity Room 1 or 2 $
21
C (hourly rate)
$
28
D (hourly rate)
$
42
E (hourly rate)
$
49
F (hourly rate)
Community Park Outdoor Areas
Dog Park Pen 1, 2, or 3 N/C A
$
6
B (hourly rate)
$
8
C (hourly rate)
$
11
D (hourly rate)
$
18
E (hourly rate)
$
21
F (hourly rate)
C (hourly rate)
N/C
A
$
5
B (hourly rate)
Bocce Courts $
8
C (hourly rate)
$
10
D (hourly rate)
$
16
E (hourly rate)
$
19
F (hourly rate)
Gymnasiums
N/C
A
$
24
B (hourly rate)
Twin Peaks or Meadowbrook Gymnasium
$
37
C (hourly rate)
$
49
D (hourly rate)
$
73
E (hourly rate)
$
86
F (hourly rate)
N/C
A
N/C
B
Stage /Activity Room
$
27
C (hourly rate)
$
36
D (hourly rate)
$
53
E (hourly rate)
$
63
F (hourly rate)
Old Poway Park
Templars Hall
N/C
A
$
21
B (hourly rate)
$
31
C (hourly rate)
$
43
D (hourly rate)
$
64
E (hourly rate)
$
74
F (hourly rate)
N/C
A
$
10
B (hourly rate)
Gazebo or Carriage Turn
$
17
C (hourly rate)
$
22
D (hourly rate)
$
32
E (hourly rate)
$
38
F (hourly rate)
58 of 70 April 15, 2014 Item # 3.3
Description
Per Hour
N/C
A
N/C
B
Porter House - Great Room
$
22
C (hourly rate)
$
30
D (hourly rate)
$
45
E (hourly rate)
$
52
F (hourly rate)
N/C
A
N/C
B
$
22
C (hourly rate)
Porter House - Parlour
$
30
D (hourly rate)
$
45
E (hourly rate)
$
52
F (hourly rate)
N/C
A
N/C
B
$
22
C (hourly rate)
Porter House - Kitchen
$
30
D (hourly rate)
$
45
E (hourly rate)
$
52
F (hourly rate)
Ceremony Lawn or Box Car Lot
N/C
A
$
10
B (hourly rate)
$
16
C (hourly rate)
$
21
D (hourly rate)
$
31
E (hourly rate)
$
37
F (hourly rate)
Lake Poway
N/C
A
$
22
B (hourly rate)
Pavilion and Outdoor Area
$
33
C (hourly rate)
$
44
D (hourly rate)
$
66
E (hourly rate)
$
77
F (hourly rate)
N/C
A
$
8
B (hourly rate)
$
13
C (hourly rate)
Archery Range
$
17
D (hourly rate)
$
26
E (hourly rate)
$
30
F (hourly rate)
N/C
A
N/A
B
$
3
C (hourly rate)
Concession
N/A
D
N/A
E
N/A
F
59 of 70 April 15, 2014 Item # 3.3
Description Per Hour
Poway Athletic Fields and Park /Picnic Areas
N/C A
$ 8 B (hourly rate)
Baseball field use (unlined, unmarked) $ 13 C (hourly rate)
$ 17 D (hourly rate)
$ 25 E (hourly rate)
$ 29 F (hourly rate)
$
N/C
A
$
6
B (hourly rate)
Soccer field use (unlined, unmarked) $
8
C (hourly rate)
$
11
D (hourly rate)
$
18
E (hourly rate)
$
21
F (hourly rate)
N/C
A
$
4
B (hourly rate)
Basketball court use $
6
C (hourly rate)
$
8
D (hourly rate)
$
13
E (hourly rate)
$
14
F (hourly rate)
N/C
A
$
16
B (hourly rate)
Ballfield Lights $
16
C (hourly rate)
$
16
D (hourly rate)
$
16
E (hourly rate)
$
16
F (hourly rate)
Park Area Occupancy 150 & Over
$ 10
N/C
A
$
18
B (hourly rate)
Soccer Field Lights $
18
C (hourly rate)
$
18
D (hourly rate)
$
18
E (hourly rate)
$
18
F (hourly rate)
N/C
A
$
5
B (hourly rate)
Park Area Occupancy Up to 149 $
7
C (hourly rate)
$
10
D (hourly rate)
$
16
E (hourly rate)
$
18
F (hourly rate)
N/C
A
Park Area Occupancy 150 & Over
$ 10
B (hourly rate)
$ 16
C (hourly rate)
$ 21
D (hourly rate)
$ 31
E (hourly rate)
$ 37
F (hourly rate)
60 of 70 April 15, 2014 Item # 3.3
Description
N/C
A
Per Hour
Gazebo (excluding Old Poway Park)
Non - Profit Group hourly rate
N/C
A
For - Profit Group hourly rate
$
10
B (hourly rate)
Green Room (meetings) $
$
16
C (hourly rate)
26
$
21
D (hourly rate)
A
$
31
E (hourly rate)
$
$
37
F (hourly rate)
Poway Center for Performing Arts
N/C
A
Center: five -hour minimum
$
940
Non - Profit Group hourly rate
$
1,410
For - Profit Group hourly rate
N/C A
Center: additional hours $ 210 Non - Profit Group hourly rate
$ 340 For - Profit Group hourly rate
N/C A
Center: 12 -hour flat fee $ 1,670 Non - Profit Group hourly rate
$ 2,560 For - Profit Group hourly rate
N/C A
Courtyard - with Performance /Exhibition only $ 52 Non - Profit Group hourly rate
$ 78 For - Profit Group hourly rate
N/C A
Lobby - with Performance /Exhibition only $ 78 Non - Profit Group hourly rate
$ 105 For - Profit Group hourly rate
City Hall Rental
N/C
A
Lobby - Art Receptions (four hour block) $
150
Non - Profit Group hourly rate
$
150
For - Profit Group hourly rate
$
N/C
A
Green Room (meetings) $
26
Non - Profit Group hourly rate
$
26
For - Profit Group hourly rate
$
N/C
A
Green Room (receptions) $
52
Non - Profit Group hourly rate
$
78
For - Profit Group hourly rate
City Hall Rental
B (hourly rate)
$ 71
C (hourly rate)
N/C
A
$
114
B (hourly rate)
$
171
C (hourly rate)
Chambers
$
228
D (hourly rate)
$
343
E (hourly rate)
$
399
F (hourly rate)
N/C
A
Courtyard
$ 48
B (hourly rate)
$ 71
C (hourly rate)
$ 95
D (hourly rate)
$ 143
E (hourly rate)
$ 167
F (hourly rate)
61 of 70 April 15, 2014 Item # 3.3
Description
Per Hour
N/C
A
$
22
B (hourly rate)
$
32
C (hourly rate)
Kitchen
$
44
D (hourly rate)
$
65
E (hourly rate)
$
76
F (hourly rate)
Permits
Airbounce Permit Fee- Neighborhood Park
$
31
Airbounce Permit Fee- Lake Poway, Comm Pk
$
5
in conjunction w/ a park picnic area rental
Alcohol Permit
100%
Set by JPIA
Rental Deposits
Indoor Spaces Ongoing Nonprofit Meetings
$
25
refundable
Cleaning/Damage Deposits
Indoor Spaces
$
100
refundable cleaning/damage deposit
Indoor Spaces when serving food
$
200
refundable cleaning/damage deposit
Indoor Spaces when serving alcohol
$
300
refundable cleaning/damage deposit
Outdoor Spaces Old Poway Park: Gazebo, Box
$
100
Car Lot, Ceremony Lawn
refundable cleaning/damage deposit
Commercial Filming
$
200
refundable cleaning /damage deposit
Cancellation Fees - if applicable (call 858 - 668 -4570 for deadline details)
Rented Facilities (excludes PCPA and Swim)
$
25
less than 14 days prior to rental date
Class Withdrawal by Participant
$
15
Processing Fees
Air Bounce .-
$
3
Facilities Use Permit (FUP)
$
3
Refund - Facility Use Applications
$
16
Commercial Filming
$
3
Staffing Fees - Per Hour
Park Ranger during nonregular hours
$
43
per hour
Recreation Leader 1 during nonregular hours
$
30
per hour
Poway Youth Sports Associated Organized League Play Organized League Play
Regular Season Fields
No Charge
Lighting
$
12
Off - Season Fields
$
3
Other Fees
Contract Class Registration
Established by
Contract
Group Liability Insurance Fee
Established by
Joint Powers Ins. Authority
Non - Resident Registration
$
10
62 of 70 April 15, 2014 Item # 3.3
Description Per Hour
Non - published Print (maximum of 8 hours)
Published Print
Maximum of 8 hours
Additional Hours
Outside normal hours
Commercial Film
Maximum of 8 hours
Additional Hours
Outside normal hours
Commercial Film and Print
N/A
$ 188
$ 63
$ 63 Plus staffing fees
$ 376
$ 63
$ 63 Plus staffing fees
Recreation (201)
$
10
Gyms 3 on 3 Basketball
$
68
Gyms Youth VB League
$
26
4th of July - Ages 12 and up
$
2
Lake Operations (202)
Family Campouts (up to 5 family members)
$
52
Each additional family member (if more than 5)
$
10
Adventure Series Campout (up to 4)
$
40
Youth Fishing Derby Campout (per vehicle)
$
15
2 -Day Fishing Derby (each day)
$
16
Adult (In addition to Fishing Permit Fee)
$
10
Youth (In addition to Fishing Permit Fee)
$
5
Youth Fishing Derby (in addition to Fishing Permit Fee) N/C
Catfish Craze
Adult (In addition to Fishing Permit Fee)
$
10
Youth (In addition to Fishing Permit Fee)
$
5
Day Camp
$
125
Day Camp - CIT
$
52
Boating Permits
Motorboat
Full Day
$
24
Half Day
$
18
Per Hour
$
13
Senior /Military Full Day
$
16
Senior /Military 1/2 Day
$
11
Rowboat
Full Day
$
16
Half Day
$
9
Per Hour
$
8
Senior /Military Full Day
$
10
Senior /Military 1/2 Day
$
6
63 of 70 April 15, 2014 Item # 3.3
Description
Per Hour
Pedal boat
Per Hour
$
13
Per 1/2 Hour
$
8
Fishing Permits
Youth (7 & Under)
$
N/A
Youth (8 -15)
$
3
Adult (16 & Older)
$
6
Senior
$
3
Military
$
4
Bass Season 30- day Pass
$
90
TroutSeason 30 -day Pass
$
42
10 -Day Youth /Senior Pass
$
27
Archery Range Card
$
10
Nonresident Parking Fees
Auto - Weekends
$
5
Motorcycles
$
2
RVs / Buses
$
5
Non - resident employees @ Poway Business
$
3
Functions
Parking Fee Waiver Active Military
N/C
Aquatics (203)
Cleaning /Damage Deposit - Swim Meets
$
200 refundable cleaning/damage deposit
Cancellation Fee - Swim Meets
$
200
Youth Day - Prepurchase
$
13
Youth Day - Day of Event
$
17
Youth Day - Aftercare
$
5
Water Aerobics
N/C
Swim -in Movie - Youth /Senior
$
3
Swim -in Movie - Adult
$
4
Swim -in Movie - Family
$
12
Birthday Parties
$
52
Community Park Swim Center
Daily Admission - Resident
Youth /Senior
$
2
Adult
$
2.50
Daily Admission Non - Resident
Youth /Senior
$
4
Adult
$
5
Family Swim - Sat/Sun 10:30 a.m. to 1 p.m.
Resident
$
8
Non- Resident
$
11
Lap Passes - Resident
Youth /Senior
$
20
Adult
$
25
64 of 70 April 15, 2014 Item # 3.3
Description Per Hour
Lap Passes - Nonresident
Youth /Seior $ 40
Adult $ 50
Season Pass - Resident
Youth / Senior
$
73
Adult
$
94
Family
$
157
Season Pass - Non - Resident
Youth / Senior
$
105
Adult
$
125
Family
$
256
Annual Pass - Resident
Youth / Senior
$
183
Adult
$
225
Family
$
392
Annual Pass - Non - Resident
Youth /Senior
$
261
Adult
$
355
Family
$
643
Team Use During Closed Hours
Pool Fee - Resident - Exclusive
$
39
per hour
Pool Fee - Resident - Shared
$
21
per hour
Pool Fee - Non - Resident - Exclusive
$
50
per hour
Pool Fee - Non - Resident - Shared
$
33
per hour
Tournament Fees
46%
Resident Teams
$
57
per hour
Non - Resident Teams
$
78
per hour
Preparation Fee - Resident
$
157
flat fee
Preparation Fee - Non - Resident
$
314
flat fee
Team Use During Open Hours
Lane Use - Hourly - Resident
$
5
(at least 51 % Poway residents)
Lane Use - Hourly - Non - Resident
$
6
(less than 51 % Poway residents)
Swim Lessons - Per Meeting
$
6.50
Lifeguard Training Classes- Resident
$
100
Lifeguard Training Classes- Non - Resident
$
110
Private Lessons
$
26
Locker Rentals
$
0.25
Performing Arts Center (204)
Rental Deposits
First day $ 300
Each additional day $ 150
Cleaning /Damage Deposits
PCPA $ 300 refundable cleaning /damage deposit
65 of 70 April 15, 2014 Item # 3.3
Description
Per Hour
Cancellation Fees - if applicable
PCPA
full deposit
forfeit
Staffing Fees - Per Hour
Technical Theatre Coordinator acting as TES in
$
42
hour
excess of twelve (12) hours
per
Stage Technician eight (8) hours /day & Art
$
23
per hour
Receptions -Level 1
Stage Technician in excess if eight (8) hours /day-
$
34
per hour
Level 2
Front of House Coordinator in excess of 5 hours &
$
23
per hour
Art Receptions
Box Office Attendant in excess of 4 hours
$
17
per hour
Ticketing Fees
Consignment - First show
$
100
Consignment - Each additional show
$
52
Consignment - Returned unused tickets
$
0.25
each
Handling - In- person and by -phone
$
5
each
Online Purchases
$
3
each
Other Fees
Non - Intermission Fee
$
150
Merchandise Sales Commission
15% Nonprofit/
20% For Profit
Commission - Facility Art Displays
15% Nonprofit/
20% For Profit
Piano Tuning
Actual cost
Additional Equipment
Actual cost
Canopy Use
$
261
Old Poway Park (205)
Cleaning /Damage Deposit - Rental Package
$
300
refundable cleaning/damage deposit
4th of July - Booths
Train Song Festival - Booths
Rendezvous in Poway Tour Program
Christmas in the Park - Booths
Tour Program (City receives $1.50)
15% of Gross Sales (Non- Profit Groups)
20% of Gross Sales (For- Profit Groups)
$ 37
$ 4
15% of Gross Sales (Non- Profit Groups)
20% of Gross Sales (For- Profit Groups)
$ 4
Interpretive Services (207)
Class Registration
Nature Education Program $ 3
Hoot, Howl & Prowl $ 5
School Program $ 4
Community Park (208)
Contract Class Recital Fee $ 3
Skate Park Programs N/C
%Mpto. Festival Skat'Rg Admissiew
%Nipper. Festival Skat' g Y96144 •$ 5
$ 7
Family of F=96j-r $ --20
Kids Night Out S .;
66 of 70 April 15, 2014 Item # 3.3
Specific Changes to Facility Use Rules and Regulations Policy:
Section 1 General Policy
1.1: Veterans Park and Old Poway Park are added to the Description and Primary
Use of Facilities. The Poway Community Library is removed because the City
does not operate it, and no longer rents the meeting room.
Section 2 Definitions
2.5: Public trails are added to the definition of Community Services facilities.
2.10: Definition of Programs is added.
2.15: Definition of Smoke or Smoking is updated to incorporate provisions of
Ordinance No. 766 prohibiting electronic cigarettes.
2.16: Definition of Special Event is added.
Section 3 Authority
3.2: Provisions relating to the exclusion of a person from a Community Services
facility for violation of the facility use rules and regulations are revised (pending
adoption of the Ordinance amending Chapter 9.48 of the Poway Municipal
Code, also on this City Council agenda).
Section 4 Hours of Operation
4.2: Hours of Operation is amended by removing the specific hours for each
facility, and authorizing the City Manager or designee to establish the hours of
operation for Community Services facilities, outdoor facility lighting, fishing,
boating, and City programming.
Section 5 Regulations - Facilities
5.2.D.1: The exception for consumption of alcohol on Lake Poway or within the high
water line or concession balcony of Lake Poway is revised from "during the
established night fishing season" to "during operating hours" (pending adoption
of the Ordinance amending Chapter 9.48 of the Poway Municipal Code, also
on this City Council agenda).
5.5: Provisions precluding camping except in areas specifically designated for such
purpose and as may be permitted by the Director of Community Services are
moved from the section specific to Lake Poway to the general section
applicable to all Community Services facilities.
5.6: The exception for standard cake candles and "sterno" cans used under chafing
dishes is added to the provisions prohibiting a person from igniting a fire in a
Community Services facility (pending adoption of the Ordinance amending
Chapter 9.48 of the Poway Municipal Code, also on this City Council agenda).
5.7.E: Consistent with current practice, a provision is added authorizing a Community
Services site employee to designate where specialized vehicles (e.g., food
trucks, catering trucks, and equipment rental trucks) may park for a permitted
event.
67 of 70 ATTACHMENT D April 15, 2014 Item # 3.3
Specific Changes
Page 2
5.13: Consistent with current practice, provisions are added which address noise
from live music or electronic sound equipment, and noise from outdoor and
indoor facility users that is determined by Community Services site staff to be
a disturbance to other facility users or surrounding neighborhoods.
5.17: The Community Services Department's current procedures and requirements
in response to requests to use Community Services facilities for a special
event, as defined in this policy, are added.
5.25: Provisions prohibiting smoking except in areas designated by the Director of
Community Services are updated to include electronic cigarettes, per
Ordinance No. 766.
5.27: Provisions relating to inflatable air bounces and other play equipment are
further clarified and expanded.
5.28: Provisions addressing powered model vehicles are added, which are
consistent with current practice.
5.29: This section is added to allow mobile food vendors within a facility in
accordance with the Community Services Department Policy for Mobile Food
Vendors approved by the City Council on October 1, 2013.
Section 6 City Facility Use and Rentals
6.1: Changes are made to clarify the application process and reservation
requirements to ensure that City of Poway facilities are reserved in a proper
and consistent manner, and that they are utilized for their intended purpose:
• The rental client named on the facility use application and permit shall
assume all liability and responsibility for payment. This is to correct
occurrences when a Poway resident uses his /her name and address on a
facility use application to receive the Poway resident rental rate, but
wishes to have the permit issued in the name of a person who resides
outside of the Poway City limits.
• A Poway business or Poway nonprofit organization may not submit an
application for a personal, private function.
• A reserved event must be completed before an application for a
subsequent reservation will be processed. This is to ensure the rental
client did not damage the facility or violate the Rules and Regulations
during their event, before another reservation is approved.
• Use of any facility as a regular and primary church, synagogue, temple,
assembly hall, or other place of worship on the part of a religious
organization is prohibited.
6.2: Changes are made to the General Rules Governing Facility Use to ensure that
rental clients derive the maximum benefit from the permitted use of
Community Services facilities, with consideration given to safety and the
protection of City property:
• Businesses hired by a rental client to provide services at a Community
Services facility, including, but not limited to: catering, security and air
bounce companies, are required to have a City of Poway Business
Certificate.
• The Director of Community Services shall establish, and update as
68 of 70 April 15, 2014 Item # 3.3
Specific Changes
Page 3
needed, written security staff requirements.
• The use of dyes is added to the list of items not permitted inside or outside
any facility.
• Rental clients of reserved park areas and picnic areas may be invoiced by
the City if deemed responsible for cleaning and damage repair costs
incurred by the City.
6.4: Provisions addressing Advertising and Motion Pictures are replaced with three
sections under Motion and Still Photography. The first section addresses
professional portrait photography /videography for personal, private use; the
second section addresses commercial film and print; and the third section
addresses student film and print.
Section 10 Neighborhood Park Rules and Use Limitations
10.4.6: A provision is added allowing only one Air Bounce permit per neighborhood
park, per day.
10.4.C: A statement is added that the possession of an Air Bounce permit does not
grant or guarantee a designated space in the neighborhood park.
Section 11 Skate Park Rules and Regulations
11.1: The registration requirement for persons under 18 years of age is added.
11.2: Provisions are added to address persons entering the skate park without
registration or without authorization.
Section 12 Twin Peaks Multipurpose Center & Meadowbrook Gymnasium Rules
and Use Limitations
12.1: A statement is added that the use of gymnasiums is governed by the Joint Use
Agreement between the City of Poway and the Poway Unified School District.
12.6: Fighting, shoving, and aggressive behavior are given as grounds for expulsion.
Section 13 Poway Center for the Performing Arts Rules and Use Limitations
13.1: A statement is added that the use of the Poway Center for the Performing Arts
is governed by the Joint Use Agreement between the City of Poway and the
Poway Unified School District.
Section 20: Old Poway Park Rules and Limitations
Rules are added specifically related to safety near the railroad tracks.
69 of 70 April 15, 2014 Item # 3.3
Specific Changes
Page 4
II. Specific Changes to Programming and Facility Use Fee Policy:
Section 2 Classification and Priority of Facility Use Applicants
2.1: The classification and priority of applicants into user fee categories is updated
to provide clarification to the public and staff. The Poway Unified School
District (PUSD) Office and Foundation of PUSD schools are classified as
Category A.
2.3: The definition of Nonprofit Organization is further clarified.
2.7: The Community Services Department shall establish priority in scheduling
fields as provided in the Facility Use Rules and Regulations and the Poway
Sports Association (PSA) manual.
Section 3 Fees and Payment
3.4: A provision is added authorizing the Director of Community Services to
establish a Rental Package for the use of specific facilities for a set number of
hours, (e.g., wedding packages at Old Poway Park). Facility rental fees for
rental packages are equal to or less than the individual facility rental fees. The
benefits of this change are staff efficiency in booking multiple facilities for
weddings or large events, and convenience for the public.
3.9: The Cancellation Policy is updated to state that the cancellation fee for a
program registration will be deducted from the refund, and the cancellation
policy for a rental package is added.
3.15A: The current requirement that full payment for Park and Picnic Areas, and Air
Bounce Permits are due at the time the application is submitted as stated in
the policy.
3.15B: A payment schedule and limit to making changes to rental packages are
added.
3.16A: The section addressing Refunds for facility rentals is further clarified. At the
permittee's request and prior to the day of a rental, the City will reschedule a
rental in anticipation of inclement weather, if available. Cancellation fees apply
if a person decides to cancel a reservation in anticipation of inclement
weather. Refunds will not be granted on or after a rental date, regardless of
the weather.
3.16B: The section addressing Refunds for recreation programming is further clarified.
A provision is added which gives a customer the option of receiving a full credit
on account in lieu of a refund, from which a cancellation fee will be deducted.
The credit on account will be valid for one year and may be applied to another
enrollment or reservation. If the credit is not used after one year, the funds will
be forfeited and the customer's account will be cleared.
70 of 70 April 15, 2014 Item # 3.3