Regulations for Use of Bas Relief Park Adopted

The Provincetown Board of Selectmen held a public hearing on Tuesday, May 27, 2003  at Provincetown Town Hall and then and there adopted regulations for use of the Bas Relief Park as follows:

 

Definitions

1.      Authorizing Officer: The Provincetown Town Manager or designee.

2.      Park Use Application Form: An application form provided through the Town Manager or the Department of Community Development, which the Responsible Agent must provide the town fully completed at least 60 days prior to the event.

3.      Responsible Agent: A duly authorized representative of the park event proponent or organization who can legally represent it.

4.      Assignment of Responsibility: The assumption of responsibility and management accountability by the Responsible Agent and organization for protection of the Town of Provincetown from park use liability, park damage cost, or unsecured municipal maintenance responsibility.

5.      Requested Use: The park event(s) and scheduled duration(s) for which the Responsible Agent has made application and assumed management responsibility.

6.      Substantial Requested Use: An event with either 750 potential participants or event furniture that covers more than 25% of the grassed surface area as determined by the Authorizing Officer.

Application Procedures

1.      Written approval from the Town’s Authorizing Officer is required for use of the Bas Relief Park.

2.      Application for use of the Bas Relief Park is made to the Department of Community Development on a form provided by the Town, which includes Responsible Party assignment of responsibility, provision of surety for potential property damage, estimate of compensation for necessary town services, such as police details and trash pick-up and the date(s) of required regulatory approvals.

3.      All Responsible Agents must provide a detailed agenda, event description and Certificate of Insurance to the Licensing Agent at the time of application.  The location of ticket sales and the price of tickets must be included in this description, along with copies of advance advertising and/or URL(s) for Internet advertising.

Application Costs

1.      Application costs for the Requested Use(s) may will include police details, trash removal, street sweeping and surety for park maintenance or damage repair, but are not limited to these areas of expense..

2.      An estimate of Requested Use costs will be made subsequent to submission of a completed application and revised thereafter, as may be warranted.

3.      The Responsible Agent and organization may be required to provide the town with financial and liability assurance to guarantee potential repair to the park, as needed, and to protect the town from potential liability.

4.      Payment of the estimated costs of a Requested Use of the park is due no later than three weeks (21 days) prior to the scheduled date of the event(s).  This includes pre-paying police details. Payment of any additional costs actually incurred shall be made upon notification from the Authorized Officer to the Responsible Agent.

Use Requirements

1.      All Requested Uses of Bas Relief Park will be open to the general public.  Preference will be given to not-for-profit and non-Substantial Requested Uses when applications are submitted for the same event date on the same day.

2.      When a Substantial Requested Use is made of the Bas Relief Park, the following conditions of approval will apply:

a.     Financial surety and liability coverage is required for the event.

b.     Temporary participant bathroom facilities are required for the event.

c.      Three weeks or more must separate sequential Substantial Requested Uses during the months of May through September.

3.      No Substantial Requested Uses will be approved on Memorial Day Weekend, Labor Day Weekend, and July 3rd/4th/5th weekend.

4.      The use of alcoholic beverages will be allowed when the Authorizing Officer concludes event managers can control alcohol sale, distribution and use based upon conditions of license approval to avoid danger to life safety, park damage and public nuisance problems.  Bartenders must be TIP trained and certified.

5.      Substantial Requested Use advertising, lighting, decorations and sound amplification must be approved by the Authorizing Officer, and are subject to town by-laws, licensing regulations and other regulatory approvals.

6.      Permission for use of mats, tables, chairs, walkways or other outdoor furniture must be secured from the DPW Deputy Director prior to approval of the Requested Use.

7.       Violation of any regulations or specific conditions of the Requested Use may cause permission for the Requested Use to be suspended or revoked at any time and/or may be cause for refusal to grant permission to the Responsible Agent for future use.

 

Mary-Jo Avellar

Chairman, Board of Selectmen

 

Posted: Town Hall and http://www.provincetown-ma.gov  May 29, 2003

Published: Provincetown Banner: June 5, 2003