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City code section
- A. Any person desiring a permit under Section 20.08.010 must make an application for a permit. The City Administrator may adopt administrative rules as authorized by Charter, including but not limited to standard conditions for applications and for permits. The written policies and procedures will be available for public inspection. Every application must 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 other information relating to the contemplated use as required.
- B. A permit may be issued if a complete application complying with all adopted policies and procedures is made 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 requires 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 complied with the conditions of any permit previously issued by the City Administrator.
- C. A permit may be issued for use of a park during hours when the park is closed. If the requested use does not meet the criteria of Subsection B. of this Section, the City Administrator 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. Permit review will be completed as quickly as reasonably possible, and, at the latest, within 14 business days after a complete application is filed, except where policies or procedures provide for additional time.
- D. An applicant who was denied a permit, was issued a permit for a scope of use different from the permit application, or objects to conditions included in the issued permit may appeal the permit decision by filing a written notice of appeal to the City Administrator within five calendar days of the permit decision. The notice of appeal must explain how the permit decision failed to meet the criteria of Subsection B. of this Section and will include any desired changes to permit scope or conditions. The City Administrator will review the appeal and other relevant permit information within 14 business days of receiving the request. The City Administrator will notify the applicant in writing whether the prior decision will be affirmed or whether permit conditions will be modified. The decision of the City Administrator will be deemed final.
- E. In determining whether the criteria of Subsection B. of this Section are met, no consideration will be given to the content of any constitutionally-protected expression connected with the planned activity. No permit will 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 will be required under this Chapter 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 will, so far as possible, be held severable, and will not affect the remainder, which will continue in full force and effect.