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Home My WebLink About6547 ORDINANCE NO. 6 5 4 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 3.68 OF THE AUBURN CITY CODE RELATING TO PARKS AND RECREATION FEES WHEREAS, the City Council previously enacted Ordinance 4406, establishing certain Parks and Recreation fees, which Ordinance has been subsequently amended; and, WHEREAS, the City Council also adopted a Fee Schedule by resolution, which allows for the fees contained therein to be updated in a more timely and efficient manner; and, WHEREAS, it would provide more clarity to staff and the public if all of the fees were established in one place; i.e., the Fee Schedule; and, WHEREAS, the Director of Parks and Recreation, with the recommendation of the Parks Board, recommend that the Director be given, within specific policy guidance, the authority to modify fees in order to respond to market conditions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Chapter 3.68 of the Auburn City Code be and the same hereby is amended to read as follows: Chapter 3.68 CITY PARKS AND RECREATION FEES Sections: 3.68.010 Authorization. ------------------------------- Ordinance No. 6547 December 3, 2014 Page 1 of 7 3.68.020 AdyeFti68MeRt of fees Special promotional and marketing activities. 3.68.030 F=XGIWs+ensWaiver of fees for individuals or groups. 3.68.040 Experimental rates. 3.68.010 Authorization. A, The director of parks and recreation is authorized to not limitod to Glasses, P8FfGrmaRGeG leagues eoninr GeRtor aGtiVitieG building GhelteFs and ball fields. 86IGh fees shall be- -hared eR pelir.ises- est;ahli by this GhapteF and 66IGh fE)GG-, Shall be appFevad by the charge the fees and charges for the use of city recreation programs and facilities, including but not limited to, classes, performances, leagues, senior center activities, buildings, picnic shelters and ball fields as set forth the City's Fee Schedule or as published by the Department from time to time. B. The Director is also authorized to waive or reduce such fees, establish experimental rates and engage in special promotional and marketing activities as conditioned in Sections 3.68.020 through 3.68.040 hereof. (Ord. 4406 § 1, 1990.) 3.68.020 dveFtisen}entof fees—Special promotional and marketing activities. A. The Director is authorized to undertake special promotional and marketing activities for the use of departmental facilities. A waiver or reduction from the established fees for special promotional or marketing purposes shall comply with the following five (5) criteria: 1. The waiver or reduction of the fee shall accord with sound management practices for municipal facilities of like character. It shall fulfill a declared objective furtherinq a departmental purpose such as acquainting the public with the facility or the service provided by the department, thereby establishing or broadening public usage: reaching out to people who would not otherwise make use of the facility: or securing advertising, services or other benefits from a sponsor or those attending. 2. The promotion and the fee waiver or reduction shall appear appropriate to the City's facility. It should avoid the appearance of a City endorsement or approval of a private product, service, or activity; the use of public facilities for electoral purposes prohibited by RCW 42.17A.555: or the qrantinq of special privileges to a particular portion of the populace. 3. The promotion and attendance under the waiver or lower charge shall respect the use and enioyment of the facility by people paying the established fee. In addition, those attending under the promotion should have an opportunity to use and enioy the facility, without overcrowding. 4. Waivers or reduced fees shall be treated as special or extraordinary occurrences. Their frequency and extent, in aggregate, shall not have the effect -------------------------------- Ordinance No. 6547 December 3, 2014 Page 2 of 7 of subverting the established fee schedule through a multiplicity of special rates or by inducing the public to anticipate and defer usage of a facility in order to take advantage of recurrent promotions. 5. The opportunity to sponsor an arrangement shall be made available to individuals, associations, and businesses, similarly situated, on an equal basis, in accord with and subiect to the Department's policies and procedures. B. The circumstances when special promotions and marketing conditions are available shall be defined in the Department's policies and procedures. (Ord. 4406 § 2, 1990.) 3.68.030 €XGlusiens-Waiver of fees for individuals or groups. 4;es are exPluded from this A. The Director may waive or reduce an entry use or program fee for an organization, association, group of individuals, or an individual, and authorize the supervisor of a facility to do so, irrespective of any special promotion or event whenever: 1. Such a waiver vindicates a constitutional right guaranteed by the First Amendment to the United States Constitution through its Fourteenth Amendment or Article I, Section 3 of the Washington Constitution; 2. The user provides services or assistance to the Department in lieu of the fee that would otherwise apply, or provides in-kind services or leaves improvements to the facility that offset the reduced fee revenue; 3. The user is poor or infirm or is a charitable organization assisting the poor or infirm and charging the fee would have the effect of depriving the user or its clients of reasonable access to the facility or of opportunity to participate in a public event and would cause hardship or directly reduce the assistance such organization provides to the poor or infirm; 4. The user is an organization serving the public or the community, lacks its own facility as a result of a calamity or other temporary distress, and the temporary use of the City's facility would allow the organization to continue providing service to the public or community. Such temporary use shall not exceed 90 days without further authorization from the City Council; 5. Another government requests use of the facility for a public purpose; or the use is granted under a reciprocal use of facilities agreement with another municipal government; 6. Free admission to the facility furthers a departmental purpose, e.g., the person is a volunteer for a department-sponsored or co-sponsored event, participates in an athletic event for public spectators, or enters in connection with a work assignment or to assist a concessionaire or as a parent or guardian to assist the Department in the instruction or care of a minor or ward or; B. In determining whether a fee should be waived or reduced, the Director shall be guided by the benefit to the public and the Department when granting the request, the frequency and amount of usage requested, the effect on and fairness to other users, its consistency with policies underlying the fee schedule ------------------------------- Ordinance No. 6547 December 3, 2014 Page 3 of 7 and this chapter, and the consequences of denying the request. (Ord. 4406 § 3, 1990.) 3.68.040 Experimental rates. A. ReGreatiGR PFegram Fees. related to paFt time staff, s6i plies, faGility usage, misrellapepus r-osts, ;;PC] A 25 S. S_t_;AiGF C-Z@RtGF Program Fees. 1. SGRiGF adult VaR and GaF tFaRGpGFtat*GR fees will be based GR PFGjeGted F 5. SeRior adult athletiG tearn feeS Will GGVeF the GGSt of league fees and the yeaF, GGVeF the dvFeGt GGGtG fGF feed items, paGkagiRg supplies and mileage enteFtaffinment fees- , ef pestage., 11 GengFeg to Meals and Home Delivered Meals nn Wheels sugges- Pn8al PFOVidOPS, aGGE)rding to federal, state and =,int� guidelines. ------------------------------- Ordinance No. 6547 December 3, 2014 Page 4 of 7 G. AFtS and COMM Rity �ro�evn Fees. The—aFtG 68 4a44 IGGatiGR, e o SGhGGI o will be GhaFged aR add*t*GRal fee. The RE)nFesideRt fee will be 25 peFGeRt of the 2. Capital improvement Fee. 0 •r fields, feF league 9F teuFnament play. by the paFk beaFd. The fee will be at the same Fate aG department SPGRSGFed n Fp More than IGO p8FGent of the fee pai47 aGtiVity expense. The fee GhaFged will depend GR the program expense. H. Lew lnGGMe Fee PeTlTiGulyt7- RdWiduals, ------------------------------- Ordinance No. 6547 December 3, 2014 Page 5 of 7 „ as they GUFFeRtly exist eF as they may be aMeRded iR the ,_,nfi_,ndqd poFtien of the fee prier to paFtiGipatiG)R. nonorol f, Rd 3. Adult Pol riAR a. AR applir-,ant ever 17 years of age may funding if MQR49Y year. L_qxempt from funding inGlude league fe-es, And- extended tra to ieR—The director is authorized to adjust a fee or charge for any particular facility on a temporary basis of up to one calendar quarter, or for a single season for a particular sport/activity in order to increase public attendance or usage and the resulting revenues. Temporary rates may take the form of special price during a special time. (Ord. 5765 § 1, 2003; Ord. 5056 § 2, 1998; Ord. 4428 § 1, 1990; Ord. 4406 § 4, 1990.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ------------------------------- Ordinance No. 6547 December 3, 2014 Page 6 of 7 Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: DEC 15 2014 PASSED: DEC 15 2014 APPROVED: DEC 15 2014 CITY OF AUBURN ATTEST: A CY BACKUS MAYOR Danielle E. Daskam, City Clerk APPR ED WORM: D el . Hei Published: c�oY n�.e�.\�, a��`A, � � ------------------------------- Ordinance No. 6547 December 3, 2014 Page 7 of 7