A. Any person desiring a permit under Section 20.08.010 shall apply with
the Parks Reservation Center. The Parks Reservation Center, subject to the
Director’s approval, shall establish written policies and procedures, including
but not limited to fees and standard conditions, for applications and for
permits. The written policies and procedures shall be available for public
inspection. Every application shall state the purpose for which the Park would
be used, the date and time of the proposed use, the name of the Park, and the
area thereof that would be used, the anticipated number of persons who would be
present and such other information relating to the contemplated use as the Parks
Reservation Center may require.
B. The Parks Reservation Center shall issue the requested permit if a
complete application complying with all adopted policies and procedures is filed
and all of the following conditions are met:
1. The proposed activity is consistent with the size of the Park and
any specialized purpose for which it is normally used, or for which
specialized facilities have been provided;
2. The proposed activity will not have an unreasonably adverse
impact, from noise, litter or traffic, on the Park or on the surrounding
neighborhood;
3. The proposed activity does not pose an unreasonable risk to
public health or safety or to the physical integrity of the Park;
4. The applicant pays all required fees and agrees to comply with
all conditions of the permit;
5. The proposed use is otherwise lawful, but nothing in this Chapter
shall require the issuance of a permit for an activity otherwise prohibited by
this Title;
6. The proposed activity does not conflict with an activity already
scheduled for the Park or for which a different permit already has been
applied for or issued for the Park;
7. The applicant, including any person, firm or corporation
affiliated with the applicant and with the activity, has not failed to comply
with conditions of any permit previously issued by the Parks Reservation
Center.
C. The Parks Reservation Center may issue a permit for use of a Park
during hours when the Park is closed if it approves the application. If the
requested use does not meet the criteria of Subsection B of this Section, the
Parks Reservation Center may deny the application or may impose restrictions or
conditions upon the permit or issue a permit for a different date, time, Park,
or Park area so as to meet such criteria. Action by the Parks Reservation Center
shall be completed as quickly as reasonably possible, and, at the latest, within
seven (7) days after a complete application is filed.
D. Any person whose application is denied or who is issued a permit
other than as applied for or who objects to restrictions or conditions included
in the permit may appeal the matter to the Council by filing within five days
after denial or inclusion of restrictions a written notice of appeal with the
City Auditor. Upon receiving such a notice the City Auditor shall within 14 days
schedule the appeal on the Council Calendar for hearing by the Council. At the
hearing, the Council may affirm or modify the decision of the Parks Reservation
Center, as the Council may deem necessary, to meet the criteria of Subsection B
of this Section.
E. In determining whether the criteria of Subsection B of this Section
are met, no consideration shall be given to the content of any
constitutionally-protected expression connected with the planned activity. No
permit shall be required under this Chapter, nor any condition imposed on any
permit, if requiring a permit or imposing the condition would violate rights
protected by the Constitution of the United States or by the Constitution of the
State of Oregon. No permit shall be required under this Chapter in order for any
person to participate in any activity programmed by or sponsored by Portland
Parks and Recreation.
F. If any portion or provision of this Section is held by a court of
competent jurisdiction to be invalid, such portion or provision shall, so far as
possible, be held severable, and shall not affect the remainder, which shall
continue in full force and effect.
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