Park District Rules and Regulations
Governing Use of the Park Facilities
Table of Contents
Section 1 – General Purposes
Section 2 – Applicability of these Rules and Regulations
Section 3 – Applicability of Other Codes and Policies
Section 4 – Priority for Oak Park Residents
Section 5 – Definitions
Section 6 – Use Permits
6.1 – Use Permit Required
6.2 – Authority to Issue Use Permits
6.3 – Order of Processing of Applications
6.4 – Time Period for Decision
6.5 – Grounds for Denial
6.6 – Appeal Process
Section 7 – General Regulations
7.1 – Compliance with Law Required
7.2 – Exception for Park District Uses and Programs
7.3 – Operational and Closing Hours
7.4 – Improper Speech and Conduct Prohibited
7.5 – Disorderly Conduct and Breach of Peace Prohibited
7.6 – Damage to Property Prohibited
7.7 – Refuse Disposal Prohibited
7.8 – Skateboards, Hover Boards, Roller Blades Restricted
7.9 – Motor Vehicle Regulations
7.10 – Bicycle Regulations
7.11 – Items Prohibited in Parks 7.11 – Items Prohibited in Parks 7.12 – Uses of Park Facility Without Proper Permit Prohibited
7.13 – Limitations on Animals in Parks
7.14 – Approval Required for Games and Sports
7.15 – Hindering Employees Prohibited
7.16 – Purchase, Sales, Peddling, Solicitation Prohibited
7.17 – Private Instruction, Retail and Commercial
Uses Prohibited
7.18 – Sleeping Prohibited After Hours
7.19 – Shelters Prohibited
7.20 – Use of Playground Equipment By Adults Prohibited
7.21 – Obstructing Travel Prohibited
7.22 – Fires Prohibited
7.23 – Intoxicating Liquors, Drugs, Tobacco Products
Prohibited
7.24 – Dumping Articles Prohibited
7.25 – Advertisements Restricted
7.26 – Gambling Prohibited
7.27 – Begging Prohibited
7.28 – Protection of Birds and Animals
7.29 – Resisting or Interfering with Officer Prohibited
7.30 – Alcoholic Beverages at Cheney Mansion
7.31 – BYO Wine and Beer in Austin Gardens
Section 8 – Dog Parks
8.1 – Residents Only
8.2 – Permit and Pass Required
8.3 – Compliance with Posted Rules and Regulations
Required
8.4 – Young Children Prohibited
8.5 – Adult Supervision of Youth Required
8.6 – Collars, Wearing of Tags Required
8.7 – Display of Permit and Pass Required
8.8 – Enforcement, Fines Section 9- Insurance
9.1 – Commercial General and
Umbrella Liability Insurance
9.2 – Business Auto and Umbrella Liability Insurance
9.3 – Workers Compensation Insurance
9.4 – General Insurance Provisions
9.5 – Waiver or Modification of Insurance Requirement
9.6 – Changes Without Notice
Section 10 – Storage of Equipment
Belonging to Others
Section 11 – Temporary Dismissal from Park Facilities
Section 12 – Exclusion from Park Facilities
Section 13 – Policy Regarding Displays and
Symbols in Parks
Parks and Schools Map
Facility Features
Section 1. General Purposes.
The parks, sports fields, buildings, and other facilities and equipment owned and managed by the Park District of Oak Park (the “Park Facili-ties”) are held in trust by the Park District for the use and enjoyment of all of the Park District’s residents and other patrons. Some park areas, buildings, and facilities—such as designated play fields, courts, and the like—are intended for use by individuals or small groups. Most of the Park Facilities, however, are intended and held for the use of the public generally and not for private use or commercial use. The Park District does provide for use of certain Park Facilities under limited and tightly regulated circumstances. At the same time, it is the Park District’s poli-cy not to authorize or allow use of parks by private persons or organiza-tions for any assembly or event that would substantially interfere with or preempt the general public use of the Park Facilities or that would disturb or disrupt the general use of the parks or their neighbors. The Park District is committed to providing quality recreational opportunities for all persons regardless of age, race, color, religion, gender, sexual orientation or preference, national origin, social or economic status, special ability, disability, or any other class or status.
Section 2. Applicability of these Rules and Regulations.
These Rules and Regulations apply to all uses of the Park Facilities. In the event of any conflict or inconsistency between any of these Rules and Regulations and any other existing Park District rule, code, or policy, the provision of these Rules and Regulations will apply and govern.
Section 3. Applicability of Other Codes and Policies.
All uses of the Park Facilities must be conducted in accordance not only with the provisions of these Rules and Regulations, Section 2, but also with all other applicable Park District rules, codes, and policies, including without limitation the provisions of this Code.
Section 4. Priority for Oak Park Residents.
First consideration for scheduling of activities in the Park Facilities will be given to uses proposed by and for residents of the Village of Oak Park, whose tax payments support the Park District and its programs.
Section 5. Definitions.
5.1.
Amplified Sound means any use of microphones, amplifiers, speakers, or other devices to artificially increase sound level.
5.2.
Applicant means any person (as that term is defined herein) applying to the Park District for a Use Permit.
5.3.
Board means the Board of Commissioners of the Park District of Oak Park.
5.4.
Executive Director means each indoor and outdoor park, field, play area,
5.5.
Park Facility means each indoor and outdoor park, playground, building, and equipment owned, operated, or maintained by the Park District, including without limitation all recreation centers, Pleasant Home, Cheney Mansion, Dole Center, Ridgeland Common Recreation Complex, Gymnastics and Recreation Center, Rehm Pool, and the Oak Park Conservatory.
5.6.
“Park District” means the Park District of Oak Park, Illinois.
5.7.
“Person” means any individual, group, organization, corporation, or other entity unless the context clearly reflects a narrower definition.
5.8.
“Sports Field” means each Park District field designed or maintained for the primary purpose of playing a particular sport or sports.
5.9.
“Use Permit” means the permit issued by the Park District authorizing a particular use of a Park Facility, and all conditions established by the Park District as part of the Use Permit.
Section 6. Use Permits.
6.1.
Use Permit Required Conditions. Any person seeking (a) to use any Park Facility for any sports activity, picnic, public assembly, or other organized activity or event involving more than 12 persons or (b) to engage in any activity at or in any Park Facility creating or emitting Amplified Sound must first obtain a Use Permit. The Executive Director may impose conditions on any Use Permit to ensure compliance with this Code.
6.2.
Authority to Issue Use Permits. Subject to any restrictions or conditions imposed by the Board, the Executive Director will issue a Use Permit to any applicant who has demonstrated compliance with all applicable provisions of these Rules and Regulations. An application that does not demonstrate compliance with all restrictions or conditions imposed by the Board or all applicable provisions of these Rules and Regulations shall be denied.
6.3.
Order of Processing of Applications. Each application for a Use Permit will be considered by the Executive Director in the order in which that application was received by the Park District.
6.4.
Time Period for Decision. The Executive Director must either issue or deny a Use Permit within 10 business days after receipt by the Park District of a properly completed application therefor. The Executive Director may extend the 10-day time period for good cause determined by the Executive Director and with written notice of that extension to the Applicant. If the Executive Director does not act within the 10-day period, or any extension of the 10-day period, then the application for a Use Permit shall be deemed to be denied by the Executive Director as of the last day of the applicable time period for decision.
6.5.
Number of Permits Issued. A maximum number of three (3) of the same type of permit will be issued per applicant, per calendar year (residents and non-residents).
6.6.
Grounds for Denial. The Executive Director must deny an application for a Use Permit if any one of the following grounds is established:
(a) Previous Misrepresentation. The applicant, or the person on whose behalf the application is made, has made any material misrepresentation on any previous occasion regarding the nature or scope of an event or activity.
(b) Violation of Use Permit. The applicant, or the person on whose behalf the application is made, has violated the terms of a prior Use Permit.
(c) Incomplete Application. The applicant has not properly completed and signed the Use Permit application, including all required attachments and submissions.
(d) Fee.The applicant has not tendered the required application fee with the application or has not tendered the required user fee, indemnification agreement, insurance certificate, or security deposit within the times prescribed by the Executive Director.
(e) Falsehood or Misrepresentation. The applicant has submitted an application for a Use Permit that includes a material falsehood or misrepresentation.
(f) Legal Incompetence. The applicant is legally incompetent to contract or to sue and be sued.
(g) Conflicting Prior Application. The Park District previously has received an application for a Use Permit for the same time and place requested by the applicant, and a Use Permit has been or will be granted to that prior applicant.
(h) Conflicting Program. The time and place of the proposed use conflicts with a program or event scheduled by the Park District. (i) Heavy Park Use. The time and place of the proposed use coincides with a time of traditionally, or expected, heavy park use by the general public, such as a federal or local holiday, a regularly occurring local event, the commemoration of a significant anniversary or event, or a previously announced special event.
(j) Prohibition or Inconsistency. The applicant’s requested use is prohibited by, or substantially inconsistent with, these Rules and Regulations or another Park District rule, code, or policy.
(k) Unreasonable Danger to Persons, Property. The applicant’s requested use would present an unreasonable danger to the health or safety of the applicant, of other users, of neighboring property owners, of the public, or of Park District employees.
(l) Unreasonable Danger to Park District Property. The applicant’s request use would present an unreasonable danger to Park District property.
(m) Noncompliance with Park District Code, Rules, Regulations. The applicant has not, or cannot, comply with requirements of these Rules and Regulations or any other applicable Park District rule, code, regulation, or policy.
(n) Noncompliance with Law. The applicant has not, or cannot, comply with requirements of any federal, State of Illinois, or Village of Oak Park statute, law, rule, regulation, code, ordinance, or policy.
(o) Prohibited Use. The applicant’s proposed use is prohibited by law.
(p) Previous Damage or Debts. The applicant, or the person on whose behalf the application is made, previously has damaged Park District property and has not paid for repair of that damage, or the applicant, or the person on whose behalf the application is made, has other outstanding debts to the Park District. (q) Park Facility Unavailability. The Park Facility requested by the applicant is not in use because of repairs, remodeling, or rehabilitation.
(r) Cumulative Requests.The application is one of a series of requests for the same Park Facility that cumulatively would unreasonably interfere with the use of that location by Park District patrons.
6.7.
Appeal Process. If the Executive Director denies an application, then the applicant may appeal that denial to the Board in writing. The applicant must file the appeal in writing within five business days after notice of the denial has been issued by the Executive Director. The Board will consider the applicant’s appeal at the next regularly scheduled meeting of the Board or at a special meeting called for that purpose. The Board must render its decision in writing to the appli-cant within five business days after that meeting. If the Board denies the appeal, then the decision must state the reasons for the denial. The decision of the Board is final. The applicant may seek review of the Board’s decision in the Circuit Court of Cook County, Illinois, in accordance with the Illinois Administrative Review Law.
Section 7. General Regulations.
7.1.
Compliance with Law Required. Each person using any Park Facility must comply, at all times, with all federal, State of Illinois, Village of Oak Park, and Park District statutes, laws, codes, ordinances, and regulations.
7.2.
Exception for Park District Uses and Programs. These Rules and Regulations do not apply to limit or prohibit any program hosted or sponsored by the Park District, or any Park Facility use specifically authorized in writing in advance by the Park District, or any Park District policy or regulation concerning the management and use of any Park Facility.
7.3.
Operational and Closing Hours. The following operational and closing times apply to Park Facilities. The Park District Board of Commissioners or Executive Director may change the times stated in this Section 7.3 at any time and from time to time:
(a) General Closing Time.All parks are closed every day between 10:00 p.m. and 6:00 a.m., except only as specifically otherwise posted or authorized in writing in advance by the Park District.
(b) Outdoor Playgrounds. All outdoor playgrounds are closed every day between sunset and either 6:00 a.m. or sunrise, whichever is later.
(c) Dog Parks. Dog parks are closed every day between sunset and sunrise.
7.4.
Improper Speech and Conduct Prohibited. No person may use abusive, threatening, insulting, indecent, profane, or obscene language, or any language intended to incite a breach of the peace in any Park Facility at any time.
7.5.
Disorderly Conduct and Breach of Peace Prohibited. No person may make, countenance, or assist in making of any improper noise, riot, disturbance, or breach of peace in any Park Facility at any time. No person may commit a breach of the peace in any Park Facility at any time.
7.6.
Damage to Property Prohibited. No person may cut, break, remove, injure, deface, or in any other way or form damage to any Park District property, including without limitation any tree, shrub, plant, turf, building, fence, ridges, lamp, or any other property.
7.7.
Refuse Disposal Prohibited. No person may deposit or dispose of any refuse in any Park Facility or in or on any Park District property except only in approved containers.
7.8.
Skateboards, Hover Boards, Roller Blades Restricted. No person may ride a skateboard, roller blades, roller skates or similar equipment (collectively “Devices”) at or in any Park Facility where the use of the Devices is posted as prohibited. No person may use any Device in any manner that interferes with or threatens any other Park District patron. Each person who uses a Device must yield the right of way to pedestrians at all times.
7.9.
Motor Vehicle Regulations. No person may operate any motorized vehicle at or in any Park Facility except only on driveways and within parking lots or as specifically authorized in writing in advance by the Park District.
7.10.
Bicycle Regulations. No person may ride a bicycle within any Park Facility where the use of bicycles is posted as prohibited. No person may use a bicycle at any time in a manner that interferes with or threatens any other person.
7.11.
Items Prohibited in all Parks. No person may bring into, possess in, or use in any Park Facility at any time any of the following items: tents, tarps or temporary canopies, model airplanes, cars, rockets, and similar devices; firearms (real or toy i.e. paintball or lasers), bows and arrows, stones, or any similar object; missiles or similar weapons; chemicals; explosives or fireworks of any kind; golf equipment; any item that poses an immediate threat to the health or safety of any person; or trees, shrubs, or other landscaping materials.
7.12.
Uses of Park Facility Without Proper Permit Prohibited. No person may call, hold, or conduct any assembly, private or public meeting, concert, entertainment, or other activity that is prohibited or for which a Use Permit is required unless such Use Permit has been properly applied for and approved and issued by the Park District.
7.13.
Limitations on Animals in Parks. Except as provided in this Section 7.13 and for dog parks in Section 8 of these Rules and Regulations, no person may bring any animal into any Park Facility. Notwithstanding this prohibition, dogs and cats only may be taken into a park if, but only if, the animal is securely held by suitable line, chain, or strap no more than eight feet in length, except that it is unlawful for any dog or cat, even though on a leash, to go on or be on any premise or on any path or sidewalk extend-ing through any of the following playground apparatus areas: Andersen, Barrie, Carroll, Field, Fox , Longfellow, Stevenson, Randolph, Wenonah, Rehm, Taylor, Scoville, Maple, Lindberg, and Euclid Square. The limitation on locations set forth in the previous sentence does not apply to a dog used as a “service animal” as defined by the U.S. Department of Justice and does not apply to pets that are enrolled and participating in a Park District program for obedience training. The U.S. Department of Justice has defined a “service animal” as a dog that has been individually trained to do work or perform a task that benefits an individual with a disability. The dog is not a “pet,” because it has a specific job or task to perform. No other animal qualifies as a service animal.
7.14.
Approval Required for Games and Sports. No person may engage in any sport, game, or amusement at or in any Park Facility, except as previously approved by the Park District or when specifically designated in a Use Permit.
7.15.
Hindering Employees Prohibited. No person may interfere with, or in any manner hinder, any employee of the Park District while that employee is engaged in the performance of her or his duties.
7.16.
Purchase, Sales, Peddling, Solicitation Prohibited. No person may offer or exchange for sale any article or thing, or do any hawking, peddling, fundraising, or soliciting, or buy or offer to buy any article or thing, or take up any collection, or solicit or receive contributions of money or anything of value at or in any Park Facility, except when authorized to do so by a Use Permit.
7.17.
Private Instruction, Retail and Commercial Uses Prohibited. No person may (a) conduct or engage in any private instruction, lesson, class, recitals performances, or similar activity or undertaking or (b) engage in any retail or commercial use at or in any Park Facility at any time except as previously approved by the Park District or when designated in a Use Permit.
7.18.
Sleeping Prohibited after Hours. No person may sleep at or in any Park Facility between the hours of 10 p.m. and 6 a.m. on any day.
7.19.
Shelters Prohibited. No person may place a hammock, swing, tent, or any kind of shelter at or in any Park Facility at any time, except as part of a supervised Park District program.
7.20.
Loitering and Use of Playground Equipment by Adults Prohibited. No person 16 years and older may use, in any manner, any playground apparatus or device meant for the use of children. In addition, no adults without presence of their children are allowed to loiter at any playground.
7.21.
Obstructing Travel Prohibited. No person may set or place, or cause to be set or placed, any goods, wares, or merchandise or property of any kind at or in any Park Facility in any manner that would inhibit or obstruct proper pedestrian or vehicular movement.
7.22.
Fires Prohibited. No person may light or make use of fire at or in any Park Facility, except when the use of fire is specifically designated in writing in advance by the Executive Director and then only in compliance with regulations as are prescribed by the Executive Director.
7.23.
Intoxicating Liquors, Drugs, Tobacco Products Prohibited. No intoxicated person may enter, be, or remain at or in any Park Facility. Further, except as specifically provided in Subsections 7.30 and 7.31 for events at Cheney Mansion and in Austin Gardens, no person at or in any Park Facility may bring within, keep, sell, give away, drink, con-sume, or use any alcoholic liquor, intoxicating substance, or narcotics or drugs not therapeutically administered, unless authorized in advance by a Use Permit. No person may smoke cigarettes, cigars, pipes, or other tobacco products by any means in any Park Facility. No person may use any form of e-cigarette or similar device in any Park Facility.
7.24.
Dumping Articles Prohibited. No person may deposit, dump, throw, or place any coal, ashes, dust, manure, litter, water, snow, or rubbish at or in any Park Facility. Paper, garbage, or refuse matter must be deposited only in receptacles provided for that purpose.
7.25.
Advertisements Restricted. No person other than the Park District may deploy, display, affix, or otherwise show any placard or advertise-ment of any kind at or in any Park Facility. No person other than the Park District may distribute, cast, throw, or place any handbill, pamphlet, circular, advertisement, or notice of any kind, nor write, draw, paste, stencil, or affix, or otherwise show any notice or bills, advertisement, or other papers on any structure or thing at or in any Park Facility.
7.26.
Gambling Prohibited. No person may play illegal games of chance or use any gambling device at or in any Park Facility.
7.27.
Begging Prohibited. No person may beg or solicit alms at or in any Park Facility unless authorized in advance by a Use Permit.
7.28.
Protection of Birds and Animals. No person may trap, catch, attack, wound, or kill any bird or other animal, or molest or rob any nest of any bird or other animal, at any Park Facility.
7.29.
Resisting or Interfering with Officer Prohibited. No person may resist any commissioner, officer, or park patrolman of the Park District or police officer or official of the Village of Oak Park (collectively “Officers”) in the discharge of her or his duties, or fail or refuse to obey any lawful command of any Officer, or in any manner assist or give aid to any person in custody to escape or to attempt to escape from custody, or rescue or attempt to rescue any person when that person is in such custody.
7.30.
Alcoholic Beverages at Cheney Mansion. Possession and consumption of alcoholic beverages are permitted at Cheney Mansion, Pleasant Home and Oak Park Conservatory during an event approved by the Park District and in accordance with the terms and restrictions established for the event.
7.31.
BYO Wine and Beer in Austin Gardens. Possession and consumption of bring-your-own (“BYO”) wine and beer is permitted within Austin Gardens during a theatrical performance by the Festival Theatre, subject to the following restrictions:
(a) No person under the age of 21 years is be allowed to possess or consume any wine and beer.
(b) No signs, announcements, or advertising of BYO wine and beer is permitted.
(c) BYO possession and consumption is authorized only from 90 minutes prior to the scheduled start of a performance until 30 minutes after the end of a performance.
(d) No open containers of wine or beer may be carried out of Austin Gardens.
7.32.
Amplified Sound. Amplified sound is prohibited at permitted out-door events, outside of Scoville Park and Austin Gardens, and then only with express permission.
7.33.
Number of Participants. The maximum number of participants at permitted outdoor events is limited to 50 people, unless otherwise specified within a specific permit application (i.e Gazebos, General Use, Ceremony). This does not include special event permits.
Section 8. Dog Parks.
The Park District maintains rules and regulations governing dog parks within the Park District, titled Guidelines and Operations Plan for Dog Facilities (the “Dog Park Guidelines”). Every dog owner and dog handler must abide by the rules and regulations set forth in the Dog Park Guidelines, as they may be amended from time to time. The Dog Park Guidelines provide, among other rules and regulations, all of the following rules and regulations: 8.1.
8.1. Resident Users. Park District dog park facilities are available to Oak Park dogs and up to 100 non-resident passholders.
8.2.
Permit and Pass Required. Every dog owner or dog handler must secure a dog park permit and pass prior to any use of any dog park or temporary off-leash facility. Access to dog parks is limited to persons with valid, current dog park permits and passes.
8.3. Permit and Pass Application. Each application for a dog park permit and pass must be submitted to the Park District on forms provided by the Park District, which must include, among other information, all of the following:
(a) Proof of Residency. Proof of the applicant’s residency in Oak Park or neighboring community (maximum 100).
(b) Waiver and Indemnity. Waiver, release, and indemnification provisions that must be signed by the applicant. All applicants must assume all risk of, and responsibility for, injury, damage, and loss relating to use of any dog park.
(c) Proof of Examination. Written proof of an examination of the dog by a certified Doctor of Veterinary Medicine including information and vaccinations as provided on the application.
(d) Proof of Dog License. Proof of a properly issued Oak Park dog license and rabies tag or dog license and rabies tag from the village or city in which the dog resides.
8.4.
Compliance with Posted Rules and Regulations Required. Every dog owner and dog handler must abide by posted rules and responsibilities.
8.5.
Young Children Prohibited. No child under the age of 11 years is permitted within a dog park at any time.
8.6.
Adult Supervision of Youth Required. No child between the ages of 11 and 17 years is permitted within a dog park unless accompanied by an adult.
8.6.
Collars, Wearing of Tags Required. Every dog must wear a collar at all times while within any Park Facility and must wear on that collar a current Village of Oak Park dog license tag and a rabies tag.
8.8.
Display of Permit and Pass Required. Every dog owner and dog handler must display the Park District dog park permit and pass at all times when in a dog park.
8.9.
Enforcement, Fines. Dog park rules and regulations may be enforced by the Oak Park Department of Animal Control, the Oak Park Police Department, and the Park District. Any person found to be in violation of any dog park rules or regulation is subject to a fine of up to $1,000 for each offense.
Section 9. Insurance.
The Park District requires every organized group using a Park Facility to provide insurance coverage at least as follows:
9.1.
Commercial General and Umbrella Liability Insurance. Commercial general liability (CGL) and, if necessary, commercial umbrella insurance, with a limit of not less than $1,000,000 each occurrence. CGL insurance must be written on Insurance Services Office (ISO) occurrence form CG 00 01 10 93 or a substitute form providing equivalent coverage, and must cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). If alcoholic beverages are used, distributed, or sold, then liquor liability and Dram Shop liability coverage also must be provided with a limit not less than $1,000,000 per occurrence. The Park District must be included as an insured under the CGL, using ISO additional insured endorsement CG 20 26 or a substitute providing equivalent coverage and under the commercial umbrella policy if any. This insurance must apply as primary insurance with respect to any other insurance or self-insurance afforded to Park District.
9.2.
Business Auto and Umbrella Liability Insurance. If applicable, business auto liability and, if necessary, commercial umbrella liability insurance, with a limit of not less than $1,000,000 each accident. This insurance must cover liability arising out of any auto including owned, hired and non-owned autos. Business auto insurance must be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy must be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA 00 01.
9.3.
Workers Compensation Insurance. If applicable, workers compensation and employers liability insurance. The commercial umbrella and/or employers liability limits must be not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease.
9.4.
General Insurance Provisions
(a) Evidence of Insurance. The existence of all required insurance coverage must be certified by an applicant for a Use Permit, and no Use Permit may be issued until all required insurance coverage has been secured and proof of coverage has been filed with the Park District. The Park District may require certificates of insurance and applicable policy endorsements reflecting required coverage. The failure of the Park District to demand any required certificate, endorsement, or other evidence of full compliance with these insurance requirements, or the failure of the Park District to identify a deficiency from evidence that is provided may not be construed as a waiver by the Park District of the group’s obligation to maintain that insurance.
(b) Right to Prohibit Use. The Park District has the right, but not the obligation, to prohibit a group from using any Park Facility until required certificates or other evidence of insurance are received and approved by the Park District.
(c) Revocation if Noncompliance. The Park District may revoke any Use Permit or other permit or approval upon the failure to acquire and maintain the insurance required by this Section. Provisions.
9.5.
Waiver or Modification of Insurance Requirement. An organized group may request a waiver or modification of the insurance requirements of this Section. The Executive Director and the President of the Park District Board of Commissioners, in the exercise of their discretion based on all of the circumstances, may modify or waive one or more of the insurance requirements of this Section 9.5, which circumstances must include consideration of safety issues, liability issues, and various risk factors including without limitation the nature and duration of the proposed use and the proposed activities, the locations of the use and activities, and the risks generally associated with the activities. Under no circumstances may any decision to modify or waive a requirement be based on any consideration of age, race, color, religion, gender, sexual orientation or preference, national origin, social or economic status, special ability, disability, or any other class or status.
9.6.
Changes Without Notice. The Park District Board of Commissioners may modify any or all of the requirements of this Section at any time, in the exercise of its discretion to reflect greater or lesser limits, in consideration of the factors set forth in Subsection 9.5 of this Section.
Section 10. Storage of Equipment Belonging to Others.
Any organization requesting the use of a Park Facility to store equipment must (a) sign a release of responsibility, indemnifying and holding harmless the Park District for any and all loss or damage to property from any cause during the time that the equipment is stored in a Park Facility and (b) provide certification of insurance for fire and theft on the equipment during the entire period that the equipment is stored in a Park Facility, in the form required by Section 8 of these Rules and Regulations.
Section 11. Temporary Dismissal from Park Facilities
(a) Definition of Temporary Dismissal. “Temporary Dismissal” under this Section 11 means removal and exclusion from all Park Facilities for a 24- hour time period as provided in this Section 11.
(b) Persons Subject to Temporary Dismissal. Any person who violates(i) any provision of these Rules and Regulations, (ii) any other existing Park District rule, regulation, code, ordinance, or policy, or (iii) any State of Illinois or Village of Oak Park statute, code, or ordinance while in any Park Facility is subject to Temporary Dismissal. (c) Persons Authorized to Effect a Temporary Dismissal. The following persons may effect a Temporary Dismissal: Village of Oak Park police officers and the Park District’s Superintendent of Recreation, Superintendent of Buildings and Grounds, and all other Park District representatives authorized by the Executive Director of the Park Dis-trict. A person authorized under this Subsection (c) is referred to as a “Dismissal Officer.”
(d) Basis for Determination of Temporary Dismissal. The determination whether to temporarily dismiss a person rests in the sound exercise of discretion by the Dismissal Officer and may be based either on observations by the Dismissal Officer, or on any report that would ordinarily be relied upon by a law enforcement officer to determine probable cause, or both.
(e) Time Period of Dismissal. Each Temporary Dismissal is for a period of 24 hours after service of the Dismissal Notice under Subsection (f ) of this Section. (f) Dismissal Notice. A person who is temporarily dismissed under this Section 11 will receive a written Dismissal Notice from the Dismissal Officer that states (1) the date and time of issuance, (2) the general location at which the notice was issued, (3) a statement that the individual may not enter any Park Facility for 24 hours after receipt of the notice, and (4) a statement that violation of the terms of the notice may lead to arrest and prosecution for criminal trespass.
(g) Violation of Dismissal Notice. The violation of any Dismissal Notice is a violation of these Rules and Regulations. A person who violates a Dismissal Notice is subject to being excluded from Park Facilities under Section 12 of these Rules and Regulations and to arrest and prosecution for criminal trespass.
Section 12. Exclusion from Park Facilities.
(a) Definition of Exclusion. “Exclusion” under this Section 12 means removal and exclusion from all Park Facilities for a period of days as provided in this Section 12.
(b) Persons Subject to Exclusion. A person is subject to Exclusion
if he or she has received three or more citations during any 60-day period for violation of (i) any provision of these Rules and Regulations, (ii) any other existing Park District rule, regulation, code, ordinance, or policy, or (iii) any State of Illinois or Village of Oak Park statute, code, or ordinance while in any Park Facility. A citation that has been dismissed is not counted when determining whether a person is subject to Exclusion.
(c) Persons Authorized to Effect an Exclusion. The following persons may effect an Exclusion: Village of Oak Park police officers and
the Park District’s Superintendent of Recreation, Superintendent of Buildings and Grounds, and all other Park District representatives authorized by the Executive Director of the Park District. A person authorized under this Subsection (c) is referred to as an “Exclusion Officer.” (d) Basis for Determination to Exclude. The determination whether to exclude a person is based on previously issued citations as provided in Subsection (b) of this Section 12, without regard to the pendency or disposition of any of those citations, and any current citation for violation of these Rules and Regulations or any other Park District code, ordinance, or regulation.
(e) Time Period of Exclusion. The time period of an Exclusion is based on the sound exercise of discretion by the Exclusion Officer and must fall within the following parameters:
(i) A person who has accumulated three citations or has been the subject of one Temporary Dismissal during the 60-day period preceding the issuance of the current citation, or who has accumulated four citations in the 12-month period prior to issuance of the current citation, may be excluded for any period of days up to 60 days after receipt of the Exclusion Notice.
(ii) A person who has accumulated four citations or has been the subject of two or more Temporary Dismissals during the 60-day period preceding the issuance of the current citation, or who has accumulated five citations in the 12-month period prior to issuance of the current citation, may be excluded for any period of days up to 180 days after receipt of the Exclusion Notice.
(iii) A person who has accumulated five or more citations or has been the subject of three or more Temporary Dismissals during the 60-day period preceding the issuance of the current citation, or who has accumulated six citations in the 12-month period prior to issuance of the current citation, may be excluded for any period of days up to 365 days after receipt of the Exclusion Notice.(iv) The determination of the Exclusion Officer not to exclude a person eligible for Exclusion under this Subsection (e) at one time does not preclude that Exclusion Officer or any other Exclusion Officer from excluding that person at any time that person remains, or again becomes, eligible for Exclusion.
(f ) Exclusion Notice. A person who is excluded under this Section 12 will receive a written Exclusion Notice from the Exclusion Officer that states (i) the date of issuance, (ii) the general location at which the notice was issued, (iii) the time period of Exclusion, (iv) a statement that the individual may not enter any Park Facility during the period of Exclusion, (v) a statement that violation of the terms of the notice may lead to arrest and prosecution for criminal trespass, and (vi) a statement that the Exclusion Notice may be appealed under this Section 12. An Exclusion commences immediately after receipt of the Exclusion Notice.
(g) Appeal of Length of Exclusion. Any person who receives an Exclusion Notice for a time period longer than seven days may appeal the length of the Exclusion to the Executive Director of the Park District. A written request for appeal, signed by the appellant, must be received at the Park District’s headquarters within five days after issuance of the Exclusion Notice. The request for appeal must state an address and one or more telephone numbers at which the appellant can be reached readily during a regular business day. The filing of an appeal does not postpone the immediate commencement of the Exclusion. If a request for an appeal is received, then the Executive Director or his or her designee must conduct a hearing on the appeal as follows:
(i) The Park District, within three working days after receipt of the request for appeal, must notify the appellant with the date, time, and place of the hearing, which hearing date may not be less than five business days after notice is given. The notice may be sent by U.S. Mail or provided by telephone.
(ii) If the appellant is unable to attend the hearing as scheduled, then the appellant must contact the Executive Director’s office at least three business days before the hearing date and request that the hearing be rescheduled. The failure to contact the Executive Director is grounds for dismissal of the appeal.
(iii) The hearing will be conducted at the Park District’s head-quarters and does not need to be a public hearing. At the hearing, the appellant may give testimony in support of his or her appeal and present facts, circumstances, evidence, and witnesses to rebut the bases for the length of the Exclusion. The appellant also may ask questions of any witnesses who testify in support of the length of the Exclusion. Rules of evidence and procedure need not be strictly applied. The Executive Director or designee may examine witnesses, including the Exclusion Officer and may set the date of the hearing and continue the hearing to a date certain if necessary to accommodate the scheduling of witnesses including the Exclusion Officer.
(iv) If on the date set for hearing the appellant fails to appear and is not represented at the hearing by her or his attorney, then the Executive Director or designee nevertheless may proceed with the hearing, consider the facts, circumstances, and evidence relevant to the length of the Exclusion, and make her or his determination in the absence of the appellant and her or his attorney.
(v) Within five business days after the conclusion of the hearing, the Executive Director or designee must issue a written determination on the appeal. The Executive Director or designee may reduce the time period of the Exclusion to any number of days not less than the number of days the appellant has been Excluded, or the Executive Director or designee may sustain the length of the Exclusion, or based on aggravating evidence presented at the hearing the Executive Director or designee may increase the length of the Exclusion. The determination of the Executive Director or designee is final. (h) Violation of Exclusion Notice. The violation of any Exclusion Notice is a violation of these Rule and Regulations. A person who violates an Exclusion Notice is subject to further exclusion from Park Facilities under this Section 12 and to arrest and prosecution for criminal trespass.
Section 13. Policy Regarding Displays and Symbols in Parks.
It is the policy of the Park District that privately sponsored, unattended displays and symbols are never an appropriate use of Park District property, that such displays and symbols are not allowed on or within any Park District property or Park Facility, and that such displays and symbols are not eligible for a Use Permit.
Other activities of a speech or assembly nature not prohibited by this Section 13 are permitted on or within Park District property or Park Facility as provided in these Rules and Regulations Governing Uses of the Park Facilities.
John L. Hedges Administrative Center
218 Madison Street
Oak Park, IL 60302
Main: 708.725.2000
Night Maintenance: 708.426.3667
COMMUNITY CONTACTS
Village of Oak Park: 708.383.6400
Oak Park Police and Fire Emergency: 911
Oak Park Police Non-Emergency: 708.386.3800
Oak Park Fire Non-Emergency: 708.445.3300
Oak Park Township Youth Services: 708.445.2727
