(a) The proposed activity or use of the park, playground or recreational facility will not unreasonably interfere with or detract from the general public enjoyment of such facilities;

(b) The proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;

(c) The facilities desired have not been reserved for other use at the date and hour required in the application;

(d) The activity will not unduly interrupt the safe flow of traffic;

(e) The activity will not divert so many police personnel as to prevent adequate protection to the rest of the city;

(f) The conduct of such activity is not reasonably likely to cause injury to persons or property, incite violence, crime or disorderly conduct; and

(g) Such activity is not to be held for the purpose of advertising any product, goods, or event and is not designed to be held for private profit.

(a) When the hours governing the use of any facility or area are posted for hours other than those set forth above;

(b) When employees or agents of the city are engaged in the conduct of official business;

(c) When any person or persons are engaged, either as a participant or spectator, in any permitted city event or activity when such event or activity extends beyond midnight; or

(d) When any person, corporation, association, or organization has been issued a valid permit to conduct an event or activity which extends beyond midnight.

(a) To willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, waterline (or other public utility or parts or appurtenances thereof), sign, notice or placard, either temporary or permanent, monument, stake, post, boundary marker, structure, equipment, facility, park property or appurtenance of any nature, whether real or personal;

(b) To cut, break, dig, pull up, destroy or in any manner injure any tree, shrub, bush, vine, flower, grass or plant;

(c) To throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any park, playground or recreational facility, or within any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, whether liquid or solid, which will or may result in the pollution of said waters;

(d) To bring in, dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash (no such refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where provided or, where not provided, shall be carried away from the park, playground or recreational facility by the person responsible for its presence, and properly disposed of elsewhere);

(e) To disturb the peace, or use any profane or obscene language;

(f) To endanger the safety of any person by any conduct or act;

(g) To commit any assault, battery, or engage in fighting;

(h) To prevent any person from using any park, playground or recreational facility, or to interfere with such use in compliance with this article and applicable rules;

(i) To swim, bathe, or wade in any waters or waterways in or adjacent to any park, playground or recreational facility where such activity is prohibited by posting of signs prohibiting such conduct;

(j) To drive or park any motor vehicle except on a street, driveway, or parking lot in any park, playground or recreational facility, or to park or leave any such vehicle in any place other than one established and designated for public parking;

(k) To bring any dangerous animal into any park, playground or recreational facility or to permit any dog to be in any of such areas unless such dog is validly licensed and on a leash of not more than six (6) feet in length;

(l) To allow any dog or pet to defecate in any park, playground or recreational facility without immediate removal and disposal of such material by the owner or person having custody of such dog or pet;

(m) To vend, sell, peddle, or offer for sale any commodity or article within any park, playground or recreational facility unless specifically authorized to do so by a permit issued by the director of parks and recreation;

(n) To paste, glue, tack, post, erect or cause to be erected any sign, placard, advertisement, or inscription of any nature on any public lands, streets, or roads adjacent to a park, playground or recreational facilities unless specifically authorized to do so by a permit issued by the director of parks and recreation;

(o) To conduct any amusement for gain or for which a charge is made without the express written consent of the director of parks and recreation, and then only in accordance with applicable law;

(p) To possess or consume any alcoholic beverage in any park, playground or recreational facility operated or maintained by the city except as may otherwise be provided pursuant to section 3-10 of this Code;

(q) To kindle, use, or maintain any open fire in or upon any park, playground or recreational facility other than at locations and in receptacles specifically designed for such purpose;

(r) To injure, destroy, molest, capture, or interfere with birds, game or wildlife in or upon any park, playground or recreational facility;

(s) To possess, carry or discharge any firearms in any park, playground or recreational facility; or

(t) To throw or cast any stone or other missile within any city park, playground or recreational facility except in areas set aside for the playing of games in which missiles are customarily thrown, and then only to the extent customary in playing such games.

(u) To operate a bicycle in a careless or reckless manner on the city's pedestrian/bicycle trails;

(a) The city council does hereby authorize and empower the city manager and the director of parks and recreation to formulate and circulate requests for proposals for the operation and maintenance of permanent concession facilities at the Fort Lewis recreational complex, the Chapman Hill ski area and the swimming pool facility adjacent to the La Plata County Fairgrounds.

(b) Upon receipt of responses to the request for proposals, the city manager, with such assistance from the administrative staff as he may deem necessary or appropriate, shall be and is hereby authorized to execute lease agreements with the successful bidders on behalf of the city pursuant to the terms contained within the lease which shall be consistent with the minimum requirements set forth in section 18-87.

(a) All leases executed on behalf of the city pertaining to permanent concession facilities at recreational sites shall extend for a term of three (3) years provided that the lessees under the lease agreements are in total compliance with all terms, covenants and conditions of the agreements during the term of the lease.

(b) The lease agreements shall require compliance by the lessee with all applicable statutes, ordinances and laws including specifically, but not limited to, compliance with all health regulations promulgated by the state pertaining to the preparation and sale of beverages and food stuffs.

(c) All leases executed on behalf of the city shall require the lessee to provide adequate comprehensive liability insurance, naming the city as an additional insured, with minimum limits of not less than three hundred thousand dollars ($300,000.00) per person and five hundred thousand dollars ($500,000.00) per occurrence.

(a) The request for proposals to be circulated by the city manager pursuant to this article shall require all prospective bidders to set forth in writing to the city their financial proposals for compensation to the city under the terms of the proposed lease agreement.

(b) The lease agreement request for proposals shall require the prospective bidder to set forth the amount of compensation to be paid to the city on an annual basis which shall be expressed as a guaranteed minimum or a percentage of gross sales, whichever is greater.

(a) All lease agreements entered into by the city pursuant to the authority conferred by this article shall impose, as a uniform requirement, that all prices to be charged by lessees for concession goods shall be first approved by the city manager to assure that such prices are fair and reasonable with respect to both the prices to be paid by the consuming public as well as the costs of providing service by the lessee. It is the intent and desire of the city council to assure that reasonable prices for concession goods are maintained and consistent with the lessee's right to make and obtain a profit from his work.

(b) All lessees shall be required to submit a list of goods to be sold with applicable prices to the city manager's office no later than forty-five (45) days prior to the commencement of concession operations under the terms of the applicable lease and annually each year thereafter during the term of the lease at least forty-five (45) days prior to the opening of the concession facility.

(c) The leases shall further obligate the concessionaire, as lessee, to provide concession services to the public during all times when recreational programs or events are scheduled at the facilities at which the concession stand is located. Failure to provide such service shall constitute a default under the lease agreement and shall authorize the city to terminate the lease.