§ 213-1. Field, playground and court permits.

A. 

A permit shall be required for the use of a Borough field, playground or court under any of the following circumstances:

(1) 

There are more than 17 participants and/or spectators in attendance.

(2) 

When any equipment is needed to be installed temporarily on a field, playground or court, including but not limited to soccer goals, volleyball nets and the lining of any field. No permanent installations of equipment may be installed except by the Borough or with its explicit permission.

(3) 

When any field, playground or court will be used for any purpose other than for which it was specifically created or maintained.

(4) 

When the field, playground or court will be used for "organized" games. Games will be considered organized, if:

(a) 

There is a referee, umpire or other official;

(b) 

Teams are part of a league;

(c) 

Teams have uniforms;

(d) 

There is a fee charged to any team or player for participating;

(e) 

There are trophies, medals or other prizes to be awarded to individuals or teams;

(f) 

Spectators are invited; or

(g) 

A group of 10 or more of the same players or essentially the same players regularly gather to play at the same time and place.

(5) 

When the game or event is sponsored by a business or organization.

(6) 

When a person or group desires to reserve a field, playground or court, or any part thereof, for exclusive use for a period of time.

B. 

Permits for use of a field, playground or court shall be obtained from the Recreation Director of the Borough and filed in accordance with the following procedures:

(1) 

The person or group of persons seeking issuance of a permit shall file an application in writing with the Recreation Director who will then present the application to the Mayor and Council for their consideration. The application must be completed in its entirety and include the following information:

(a) 

The name and address of the applicant;

(b) 

The name and address of the person, persons, corporation or association sponsoring the activity, if any;

(c) 

The day and the hours for which the permit is desired;

(d) 

The park or portion thereof for which the permit is desired;

(e) 

A reasonable estimate of the anticipated attendance;

(f) 

The type of game or activity for which the permit is desired;

(g) 

The anticipated age group of the expected participants; and

(h) 

Such other information as may be reasonably required.

(2) 

The permittee shall provide a certificate of liability insurance in an amount not less than $1,000,000, combined single limit, naming the Borough of Wharton as an additional insured. The person or persons to whom the permit is issued shall be liable for all loss, damage or injury sustained by any person whatsoever by reason of any negligence of the person or persons to whom such permit shall be issued.

(3) 

All permit holders shall be responsible for ensuring that all participants and spectators adhere to park rules and for summoning the police if individuals fail to do so; for ensuring that the field or court is in a safe condition prior to allowing players to proceed and for reporting unsafe conditions to the Recreation Director not later than one business day after its use; for ensuring that, upon conclusion of the use, the field, playground or court is left in the same condition in which it was found, including removal of any equipment, and cleanup and proper disposal of any litter; for compliance with any special conditions imposed on the permit by the governing body. No person shall fail to produce and exhibit any permit issued by the Mayor and Council upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.

C. 

The Mayor and Council may refuse to issue a permit where the applicant has violated the conditions of a permit issued on a previous occasion and may also rescind a permit which has been issued for a material misrepresentation of fact on the application.

D. 

The minimum standards for issuance of a permit for the use of a field, playground or court by the Mayor and Borough Council shall include the following findings:

(1) 

That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.

(2) 

That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.

(3) 

That the proposed activity or uses will not include violence, crime or disorderly conduct.

(4) 

That the proposed activity or use will not entail extraordinary or burdensome expense of police operation by the Borough.

(5) 

That the requested facility has not been reserved for other activity or use at the same date and hour requested in the application.

(6) 

That all fees have been paid in accordance with the fee schedule included in this chapter.

(7) 

That the requested facility can reasonably accommodate the anticipated attendance.

E. 

When a permit has been issued, the person, group or team possessing the permit is entitled to the exclusive use of the field, playground or court for which the permit is granted and all others shall yield said facility to the person, group or team possessing the permit.

F. 

Appeal. Within seven days after the receipt of a complete application, the Mayor and Council shall notify the applicant in writing of their reasons for refusing a permit. Any aggrieved person shall have the right to appeal to the Mayor and Council by serving written notice thereof on the Borough Clerk within seven days of such refusal.