13.24.200 - Park and recreation facility use and fee authorization.
A. Facility uses. The City Council of El Paso authorizes the department director to establish programs, activities, classes, events, and other general services as are specifically offered and listed in the fee schedule at any and all city parks and recreational facilities managed by the department. The city council establishes priorities for the use of all city parks and recreational facilities as follows: (1) programs, activities, classes, events, and general services conducted by the parks and recreation department, which includes scheduling time or allowing uses, as appropriate within the facilities, for casual, unregimented recreational activities or uses commonly referred to as drop-in uses; (2) school activities, programs or events scheduled pursuant to an inter-governmental agreement; (3) other official activities, programs or events of the city; (4) revenue producing facility rentals; and (5) no charge uses by persons and entities as permitted under this subsection B.2.a.iii. of this section. All uses, other than drop-in uses, will require an application, permit or written contract.
B. Fees. The City Council of El Paso authorizes the department director to charge a fee for facility rental and use as well as a fee for programs, activities, classes, events, and other general services as are specifically offered and listed in the fee schedule provided at any and all city parks and recreational facilities managed by the department. Such fees may include entry fees for participation in department-produced activities and events. General or flat fees shall be established, as well as other fees which may deviate from the standard fee based upon non-resident, commercial or non-profit status and shall be in the amounts as set by the city council through its budget resolution or other duly adopted resolution ("fee schedule"), in accordance with the following guidelines and criteria, as well as the criteria specified with the definitions for such terms:
1. Rental authorization. The City Council of El Paso authorizes the parks and recreation department ("department") director or designee to rent city-owned park and recreational facilities to the citizens of El Paso for recreational, educational, or leisure-time activities, programs, or events. Said rental will be permitted when such does not conflict with activities, programs, or events officially sponsored by the City of El Paso; scheduled school activities, programs, or events pursuant to inter-governmental agreements; or other activities, programs, or events previously approved by the City Council of El Paso or the department director.
2. Facility rental and use fees. The fees for a paid rental or use of a facility shall include the fee as set forth in the fee schedule and the administration fee, which is a non-refundable processing charge to compensate the department for reserving the facility or park area for use by the renter and processing the associated contracts. If alcohol is to be served during a rental under this section, an additional fee, based on one security guard per one hundred participants, and as set forth in the fee schedule, shall be charged to the renter. If the rental is for the purpose of conducting a party or other event where food, beverages or other activities will take place where litter or debris may be left behind, a cleaning charge shall be made in the amount set forth in the fee schedule. If the rental includes the use of catered food services or any other commercial use that is incidental to the rental, an additional fee shall be charged in the amount set forth in the fee schedule for such use.
a. Room rentals. Room rentals include any and all rooms or portions therein in all recreation, senior, sports, multipurpose and arts/cultural facilities that are designated by the director for use by the public. Rates shall be applied and fees charged in the amount set forth in the fee schedule.
i. Other city departments, to include city elected officials, may use rooms in all parks and recreation facilities for official business at no charge, on a space-available basis, during normal hours. Normal operating hours may vary among facilities. Use of rooms by other city departments, for official business during non- operating hours will be charged at the standard rate. Any city elected official desiring to use a room during non-operating hours for the conduct of his official business, such as holding a public meeting to inform constituents of issues affecting the community, may do so at no charge provided that no other city facility is reasonably available for the meeting, such use is timely scheduled, such use is not within ninety days preceding any city election, and such use is a special, occasional use and is not a standing or regularly scheduled meeting.
Any city elected official submitting a request for use of a room during non-operating hours shall submit such request in writing to the director not less than seven days in advance of the requested use, and if necessary, the city council may take appropriate action to resolve any issue as to whether a requested use is in conformity with and appropriate under the requirements set forth in this section; provided however, in no event shall a use of a room without charge by a city elected official be permitted for a personal or political use, nor shall a city elected official reserve a room under this section for a meeting, activity, function, or event that will not be attended by the elected official.
ii. County, state, federal agencies and other governmental entities may use rooms in all park and recreation facilities for official business at no charge, on a space-available basis, during normal operating hours. Normal operating hours may vary among facilities. Use of rooms by county, state, and federal agencies for official business during non-operating hours will be charged at the standard rate.
iii. The city council has established that meeting rooms that are appropriate for public use may be used by any person or entity, other than a for-profit entity or individual conducting for-profit business/commercial speech activities, during normal operating hours on a first come, first serve basis as space is available, as the city council has found that such uses are appropriate. Normal operating hours may vary among facilities. Use of such rooms during non-operating hours will be charged the appropriate rate as set forth in the fee schedule.
b. Shelters, reserve areas, rose garden, downtown plazas. Fees will be assessed and paid at the time that a renter reserves a shelter, reserve area, rose garden, pavilion, skate park, park area, or the San Jacinto or other downtown Plazas. Additional charges shall be assessed for the use of electricity at the downtown plazas for which electricity use is established by the director as an optional use and a separate electricity charge is set forth in the fee schedule.
c. Gymnasium rental. The facility rental for gymnasiums shall be based on the size of the given facility (i.e., small, medium, large and extra large, and full court or half court), and the purpose for which the gymnasium will be used. An additional fee shall be charged as set forth in the fee schedule for each use that is not an athletics sports use. The department director shall determine and designate the appropriate size for each gymnasium for purposes of assessing a rental fee for the same.
d. Sports and athletic venues. Field practice, sports, and athletic venue fees, game permit fees, and tournament fees shall be applied, when applicable. Charges shall be made for the use of the various sports fields as set forth in the fee schedule to include the costs of field preparation and for lighting the field, which may be charged as included or separate fees, as may be appropriate. Field practice rentals shall not include the additional administration fee.
i. All players participating in any independent league utilizing a department facility will be charged a per season player fee. If a season exceeds four months, the player will be assessed a fee for two seasons.
ii. One security guard per one hundred participants will be charged per tournament rental. Additional security guard(s) may be required as deemed necessary by department staff at renter's expense.
e. Multi use or long term use not to exceed one year. The fee for a permit issued under this chapter for repeated uses or long term uses, shall be in the amounts set forth in the fee schedule and shall be based upon the type of use, and length of time of the use.
3. Activities, programs, classes, and general services fees. The fees for activities, programs, classes, and general services will additionally be based on anticipated enrollment and use, class frequency, cost of instructor(s), if any, supplies, materials, and staff. Such fees shall be charged in the amounts set forth in the fee schedule or specifically calculated according to the formula set forth in the fee schedule. When a stated formula includes an administrative fee charge as part of the fee calculation, that portion of the fee shall be as set forth in the fee schedule as the administrative fee charge.
a. Sports league and tournament fees shall be based on anticipated registration, equipment, supplies, materials, staffing, and awards.
b. The department is authorized to conduct background checks for all coaches participating in city leagues and tournaments, issue identification cards for all participants, and charge the appropriate fees for such services as set forth in the fee schedule.
4. Department-produced activities and events. The parks and recreation department director shall be authorized to create community special events and activities for the public including the establishment of appropriate outdoor sales at city parks and recreational areas and rummage sales at the senior centers in accordance with requirements established in Title 20 of this Code, which may include allowing members of the public to make limited commercial uses of the department's facilities and parks in conjunction with such events and sales, for the purpose of providing entertainment, food service, or other amusement for the public in conjunction with the event or sale, in accordance with the policies and guidelines that are approved by a resolution of the city council. Special events and activities occurring in or using locations other than the city parks and recreational facilities managed by the department shall be authorized by the city council or may be conducted in accordance with the policies and guidelines for such events and activities that are approved by a resolution of the city council. For purposes of this section, a special event or activity shall not include field trips, programs, or activities occurring outside of a city parks and recreational facility that are incidental to an activity, program or class conducted primarily within a facility or which are part of the department's day care services or youth development programs. The fees charged for such events shall be in the amounts set forth in the fee schedule for the activities and events identified and listed therein or as set by the council by other appropriate resolution.
C. Use of parks and facilities for displays and advertising—Fees. The parks and recreation department director shall be authorized to designate portions of sports fields and facilities in which it is appropriate to allow rentals of the space for the purpose of temporarily hanging banners for display, to include but not be limited to advertising. Such uses shall be permitted in accordance with the policies and guidelines that are approved by a resolution of the city council. A fee for displaying such banners shall be charged as set forth in the fee schedule.
D. For the purposes of these fees, including the listing of such fees as set forth in the budget resolution or other appropriate resolution of the city council, the following definitions apply:
1. "Facility" means any building, structure, designated area or enclosed area that is in a city park or other area managed by the department, to include but not be limited to shelters, reserve areas, rose gardens, pavilions, skate parks, recreational facilities, community centers, senior centers, sports centers, aquatics venues, athletic venues and downtown plazas.
2. "Prime time" means Monday through Friday from 5:00 p.m. through 1:00 a.m. of the following day; and during all operating hours on Saturday, Sunday and city recognized holidays.
3. "Class," "program" or "activity" means a structured or organized event, designed to meet a recreational or educational need, under the specific supervision of facility staff, instructor, trainer or contractor.
4. "Leisure interest class or workshop" means a program, class or activity that is taught by an independent contractor.
5. "Senior discount" means the discount available as set forth in the fee schedule for a person who is age sixty or older and who is enrolling in a leisure interest class or workshop or who is using a weight room, boxing room or billiard room on a monthly or yearly fee basis.
6. "Multiple child discount" means the discount available as set forth in the fee schedule for families (household) with more than one child enrolling during the same transaction in any leisure interest class, mini sports program or other program, class or activity that requires individual registration prior to participation. This discount does not include day care and after school programs.
7. "General admission or flat rate" means the fee that is charged for facility uses and services for which it is appropriate to charge a single, uniform rate, rather than establishing separate fees based on the type of user. Such fees, when established, shall be listed on the fee schedule as a single, uniformly charged fee.
8. "Standard rental rate" means the base rate and fee from which the commercial, non-profit and non-resident rates are determined, and which is charged to persons when those rates are not applicable.
9. "Commercial rate" is the rate charged to persons, organizations or groups who charge a fee or require a donation for admission to the event or program in question, with the exception of those eligible for the non-profit rate.
10. "Non-profit rate" means the rate that is charged to an individual, organization or group that is recognized as a non-profit organization under the laws of the State of Texas, or who has been given tax-exempt status under the United States Internal Revenue Code, or both.
11. "Non-resident Rate" means the rate that is charged to those persons who do not reside within the city limits of the City of El Paso. Non-resident fees may be established so as to cover a portion of the costs of a program, activity, etc., for which the user fee established for a city resident includes a subsidy from the city's general fund. The department shall establish written procedures for the verification of residency of persons, when necessary.
E. Needs assessment scholarship program. The department director is authorized to establish a needs assessment scholarship program, enabling the waiver of fees, in whole or in part, for children who are participating in leisure interest classes, mini sports programs or other programs, classes or activities that require individual registration prior to participation, and who reside the majority of the time in a household in which the gross income, within the previous twelve months, is at or below eighty percent of the area median income, as established annually by U.S. Department of Housing and Urban Development (HUD) income limits, subject to income verification. Income eligibility shall be determined by the sum of the gross income of all family members residing in the household. Verifiable eligibility documentation for each participant served under this program must be maintained, updated at least every twelve months. City council shall establish the maximum annual program funding amount and the maximum benefit per participant in the annual budget resolution. Fee waivers will be applied on a first come, first served basis. Once the maximum annual total program funding amount is reached during the fiscal year, the Needs Assessment Scholarship Program will be discontinued for the remainder of the fiscal year, subject to additional appropriation of funds to support the program. The Needs Assessment Scholarship Program does not include day care.
(Ord. No. 17845, § 1, 7-31-2012; Ord. No. 018867, § 1, 10-30-2018; Ord. No. 18966, § 1, 8-20-2019)
