2.185 Permits for Use of Publicly Owned Property and Right-of-Way

2.185 Permits for Use of Publicly Owned Property and Right-of-Way.

(1) The City Manager, upon application on a form prescribed by the City Manager’s office, shall issue a special event permit to a person when the City Manager or his designee finds with input from the affected departments that the parade or event will not:

(a) Unreasonably obstruct vehicular and pedestrian traffic; or

(b) Create an unreasonable hazard to person or property; or

(d) Contravene city, county, or state law, including, but not limited to, restrictions of the use of streets by trucks or other vehicles or certain classes or weights unless the Public Works Department in writing has waived those restrictions for purposes of the application.

(2) Parks. The City Manager, or his designee, may, subject to Park and Recreation Department rules and regulations for park use, grant a special permit to allow the use of dedicated park lands and recreational facilities for the purpose of conducting concerts, lectures, athletic events; show, craft and art fairs; and other special events or uses as are considered compatible with normal park and recreational activities.

(3) Other Publicly Owned Property. The City Manager, or his designee, may, subject to applicable administrative rules governing use of city property, grant a special permit to allow the short-term use of publicly owned properties other than park lands and recreational facilities.

(4) Parades, and other events that obstruct the public-right-of-way, require traffic to be managed at intersections along the event route. Traffic control management often requires the use of additional City personnel on duty and/or personnel on overtime to provide traffic control services. The applicant shall be assessed any overtime traffic control personnel expenses incurred by the City. This section may be waived for parades in which in-kind funding has been approved by the City Council. Any amounts incurred for additional City personnel over those approved by the City Council will be the responsibility of the applicant.

(5) Permit Conditions. Permits may be denied, revoked, or may include the following conditions:

(a) Conditions applying to dates, hours, and/or noise levels of operation;

(b) Duration of activity, subject to revocation without prior notice;

(d) Obligation to perform any and all damage repairs of the area occupied, post bonds, deposit cash, and/or reimburse the City for any costs incurred for damage repairs, as determined by the City Manager per applicable administrative rules governing use of city property;

(e) Provision of written assurance that the City will be held harmless for any liability that is solely attributable to the permittee’s conduct;

(f) Any other conditions considered necessary by the City Manager to be in the public interest.

(6) The City Manager shall collect fees for use of City property as established in the most recent fee schedule approved by resolution of the City Council. Payment of such fees shall be a condition of issuing a permit under this section.

(a) The fees shall bear a reasonable relationship to the costs incurred by the City to make the property available for the use authorized by the permit;

(b) Non-residents may be charged a higher fee than city residents;

(c) Temporary booths or stalls located in Alba Park and Vogel Plaza in connection with the Pear Blossom Festival are exempt from park use fees for the day of the festival only;

(d) If the applicant has been approved for an in-kind contribution toward the event, the amount incurred for additional City personnel can be applied to the in-kind contribution. Any amounts incurred for additional City personnel over those approved by the City Council will be the responsibility of the applicant.

(7) Such a permit should not be used where a lease is appropriate or if the event is part of a normal business, program, or activity. Only the City Council may authorize a lease. Events within normal business, program, or activity are reviewed through the business license review process. Permits issued by the City Manager for use of public right-of-way shall not exceed a term of three days and the Manager should avoid any unreasonable interference with access rights of property owners and tenants.

(8) The Council may review a permit granted by the City Manager and may revoke the permit if it finds that the permit is not in the public interest. A person whose application for a permit is denied may appeal the denial in writing to the City Council no later than ten (10) days after notice of denial. Upon receipt of the applicant’s written appeal, the Council shall set the matter for hearing at its next regular meeting and give notice of the date, time, and place of same to the applicant. At the hearing, the applicant shall appear if the matter is to be heard. The Council after hearing may grant or deny a permit on such terms and conditions as it deems proper. In deciding whether to waive fees, Council will consider financial hardship as established by factors similar to those considered by courts when deciding requests for court-appointed counsel or corporate insolvency.

(9) Except as stated herein as per the permit, this does not regulate other permits available through other chapters of the Medford Code.

(10) Temporary Mobile Food Vendors. As per the requirements in Section 10.829B, mobile food vendors are allowed to sell food from parking stalls in the public right-of-way between the hours of 9:00 p.m. and 3:00 a.m.

(11) Parklets. The City Manager or designee, upon application on a form prescribed by the City Manager’s office and payment of all applicable fees, may issue a permit to allow for the installation and operation of a parklet within a City public right-of-way upon finding that the proposed parklet complies with the following standards and conditions:

(a) Will not obstruct vehicular or pedestrian traffic; and

(b) Will not create a hazard to person or property; and

(d) Will comply with City-approved design and construction standards established by the most current version of the "Parklet Design and Construction Standards" as set forth in administrative regulations adopted and issued by the City Manager.