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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 19. AMUSEMENTS, PARKS, AND RECREATION |
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Chapter 19-7. DEPARTMENT OF PARKS AND RECREATION |
Section 19-725. PERMITS
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725.1The Department’s mission is to provide activities, programs, and recreational opportunities to enhance the quality of life and wellness for District residents. The purpose of this Section is to establish permit rules for the public use of the Department’s recreational facilities and equipment.
725.2The Director of the Department, in his or her discretion, may issue permits for public use of all facilities and equipment under the Department's jurisdiction. All permits are subject to space and time availability. In accordance with Section 717, the Department will ensure fair and equitable access to the Department’s facilities, equipment and recreational activities with a preference toward activities benefiting District residents.
725.3Any member of the public who is interested in reserving Department property or equipment shall obtain a permit from the Department. A permit is required for any organized activity that involves members of a league, an organized program, an activity on Department property involving more than ten (10) people, any adult word-of-mouth pick-up games that occur on more than one occasion around the same place and time, and for the use of Department equipment. Failure to obtain a permit as required by this section shall result in the denial of the use of the facility or equipment and may result in civil fines, barring, or imprisonment.
725.4If an applicant for a permit is charging fees to participant(s) or spectators for athletic play, classes, camps, lectures, conferences, or programs, or if an applicant is operating a special event or market pursuant to Section 729, then an additional fee-based use permit is also required for one (1) or more participants.
725.5Individual vendors selling goods are only required to have a fee-based use permit.
725.6Uses requiring either a permit or fee-based use permit, or both, are referred to as a “permitted use(s)”.
725.7Applications for one (1)-time permitted uses are due thirty (30) calendar days before the date of use.
725.8Applications for seasonal permitted uses of athletic fields or courts are due two (2) times a year. A seasonal permitted use may not be requested for a period longer than sixteen (16) weeks. The deadlines will be set by the Department on an annual basis but no later than January 15 for the spring/summer seasons and July 15 for the fall season. Permit fees will be applied in accordance with Section 716.
725.9Untimely applications may be accepted at the discretion of the Department for good cause. However, if the permitted use has already been designated to another group, then the application for that use will not be accepted unless the parties consent in writing.
725.10Applications for use of property or equipment shall be available online through the Department’s website in a form prescribed by the Department. Failure to provide all of the requested information in the application form shall result in the denial of the application.
725.11Permitted uses may be granted if the permitted activity meets the mission of the Department and will not adversely impact the use and enjoyment by the public. The risk of damage or loss of the equipment may be considered when reviewing an application for use of equipment.
725.12All applications shall indicate the total number of hours needed by providing a written schedule of use. The time requested must include hours to set up and clean up, rake and spray fields, remove equipment, and disperse participants.
725.13No individual applicant shall apply on behalf of a group or another individual for the purpose of securing a discount or preference for priority of use.
725.14Except for seasonal permits, the Department will notify an applicant in writing of the approval or denial of the permit within seven (7) business days. Applicants for seasonal permits will be notified of whether their permitted use is granted within twenty-one (21) business days after the close of the application window. Notwithstanding the time periods above, use of the Department’s facilities or equipment is not approved until the applicant receives the permit.
725.15The Department will publish on its website and any relevant printed publications, such as seasonal guides, registration information and/or admission fees and information regarding refunds for recreational activities for District residents and non-District residents.
725.16Permitted users and program participants shall provide written acknowledgement in the application of the following rules and restrictions:
(a) Permitted users and program participants operate at their own risk and the Department is not responsible for any loss or injury occurring during the permitted use event.
(b) Permitted users and program participants are prohibited from using the Department’s property or equipment for any unauthorized or illegal purpose, and the Department has a right to terminate the permit if the activity exceeds the scope of the permit, and to recover costs to the government associated with any misuse of property under the issued permit.
(c) Permitted users with over twenty-five (25) participants must agree to remove their own trash and recyclables, and to appropriately dispose of such trash and recyclables, after the permitted use.
(d) No equipment shall be taken or used off Department property.
725.17The Department may deny permitted uses or impose conditions limiting an activity or location or requiring insurance and/or advisory neighborhood commission approval, to ensure participant health, welfare, or safety, or for the preservation of Department property or equipment.
725.18To ensure participant health, welfare, and safety or for the preservation of Department property or equipment permits will be denied for carnivals, concerts, petting zoos, use of metal detectors, flying drones or hobbyist aircraft, use of equipment or vehicles that the Department deems heavy or loud, installing structures, extreme sports, paintball, fires, or firework displays. Geocaching may be allowed upon approval of a written request to the Department.
725.19The Department may limit permitted uses or recreational activities during inclement weather conditions for the protection of an area or facility. The Department will post notice of changes in use or limits due to inclement weather or other emergencies.
725.20If the Department revokes a permit or fee-based use permit for weather conditions or other emergencies, the Department may attempt to relocate the permitted user or return a pro-rata share or total fees paid minus any actual costs for setting up equipment.
725.21The Department shall not allow permitted uses for health or medical procedures normally provided by licensed professionals unless the applicant provides a letter of support from the District agency that oversees the licensure of such activities.
725.22If the Department determines that a permit applicant or program participant operated in past violation of these regulations then the Department may consider these facts as a basis for denying a permit or registration for six (6) months from the date the Department provided notice of any findings to the applicant or participant.
725.23The Department may deny, revoke, or modify a permitted use or participation in an activity if the applicant provided false information regarding residency or use, or if the applicant or registrant fails to follow the requirements in this chapter.
725.24Refunds for permitted uses will be provided for cancellations, less any actual costs to the Department. Requests for refunds must be made at least thirty (30) days before the start of the use. Cancellations within thirty (30) days will be refunded the deposit only. Refunds will be processed by the Department within five (5) business days of the cancellation.
725.25An applicant may request reconsideration by the Director of a denial, modification, or revocation of a permitted use or refund within five (5) days after the date of the denial, modification, or revocation or refund. The applicant’s request for reconsideration shall be in writing.
725.26The Director, or the Director’s designee, shall review the request and make a final determination within five (5) business days after receipt of the request. The Director shall determine whether the decision by the Department was made based upon a reasonable determination and consideration of the facts by the Department and whether the decision by the Department was consistent with the rules in this Chapter and other applicable law or regulations.
725.27Upon reconsideration, the Director or the Director’s designee may offer any reasonable relief in the discretion of the Department. If the Director does not grant the relief requested, he or she shall provide a written explanation of the reasons for the action of the Department.
725.28Reconsideration shall be limited to a review of the record already before the Department including rosters, schedules, verifications, applications, and statements available or offered to the Department.