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A. It is unlawful for any person to hold, sponsor, or participate in any formal gathering without obtaining a written permit as provided in this section. Unless otherwise provided in this chapter, a fee shall be charged for each permit as set forth in BMC 3.40.010. The department may grant permits to community groups to meet or conduct activities in the department’s buildings or in the department’s other facilities without charge; provided, that all of the following conditions are satisfied:

1. The buildings or facilities are not otherwise required by the department; and

2. The activities are:

a. Conducted in accordance with the city’s standards;

b. Open to the general public without discrimination;

c. Scheduled during hours when the facility is regularly open.

B. The department reserves the right to cancel a permittee’s reservation for cause or if the department wishes to make use of the facility which in the judgment of the department supersedes the need of the permittee. Notice of the department’s cancellation for priority use shall be given at least 24 hours in advance. Notice of cancellation for emergency may be given at any time.

C. Large groups or rallies may be permitted in Bothell parks where facilities are adequate, and where such activities will not conflict in any way with normal park usage. To avoid conflict, permission for such activities must be obtained in advance from the parks and recreation director or the director’s designee. Permission for use of loudspeakers by groups must be obtained in advance.

D. Activities for groups using the building facilities Sundays through Thursdays shall normally cease at 11:00 p.m. unless otherwise approved on the use permit. On Fridays and Saturdays groups must be out of facilities by 12:00 a.m. unless otherwise approved in the use permit.

E. All persons must leave facilities in a condition considered satisfactory to the employee who will inspect the outcome of the clean-up activity. No person shall conduct activities causing extra custodial work unless previous agreement has been made to pay for such work and this is so stated in the use permit.

F. Persons using facilities by permit will be required to protect, save and hold the city, its elected and appointed officials and employees, while acting within the scope of their duties, harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof, arising in favor of a person or group’s members or employees or third parties on account of any action including but not limited to personal injuries, death or damage to property arising out of the use of premises, or in any way arising out of the acts or omissions of the person, group and/or its agents, employees or representatives.

G. During all periods of use, sponsors of community events and persons using facilities by concession contract shall obtain and maintain public liability and property insurance acceptable to the city and/or other insurance necessary to protect the public and the city on premises to be used unless waived by the city manager. The limits of said insurance shall be established by the city manager. A certificate evidencing the insurance, or, upon written request of the city, a duplicate copy of the policy, shall be provided to the city as evidence of the insurance protection. This insurance shall not be canceled or reduced without prior written notice to the city at least 30 days in advance of the cancellation and shall name the city as a named or additional insured and shall be primary to any other insurance available to the city.

H. Adults must be present and responsible at all assemblies of minors throughout the entire function.

I. Persons using facilities should not expect storage space for equipment necessary for their programs. If temporary storage is provided, the city shall not be held responsible for loss or damage. City equipment shall not be loaned to any non-city person, group or organization, without permission of the parks and recreation director or the director’s designee.

J. The misuse of a park facility or the failure to conform to the regulations, the instructions of department employees or the conditions of a permit will be sufficient reason for denying any future permits.

K. Any appeals of the department’s decision to approve, approve with conditions, or deny any permit provided for in this section shall be filed with the city clerk within three days of the decision being appealed. The city manager shall complete the review and issue a final decision within seven days of the date of filing the appeal. (Ord. 2174 § 1, 2015; Ord. 2094 § 1 (Exh. A), 2012; Ord. 1835 § 1, 2000; Ord. 1404 §§ 1, 2, 1990; Ord. 1277 § 1, 1987).