Rules and Regulations
CHAPTER III: Regulation of Public Use
Section 1. Use by the General Public
Park Property and park and recreation programs are open to use by all members of the public regardless of race, gender, age, national origin, color, creed, disability, sexual orientation or impairment.
Section 2. Hours of Operation
A. Except for Commission employees or persons accompanied by Commission employees, no person shall be on Commission or Park Property from sunset to sunrise unless that facility is officially open for public use.
B. Any Park Property may be closed by the Director to the public entirely or for certain uses. Such closing shall be posted in advance when possible for public notice.
C. Commission facilities or programs are subject to holiday schedules.
Section 3. Permits
A. Permits are required for:
(1) The reserved use of athletic fields, recreation buildings, camping and group picnic areas and certain other facilities as designated.
(2) Solicitation of contributions, signatures, or moneys.
(3) Conducting a parade, procession or rally. Conducting an assembly or rally using amplification equipment (also referred to as amplified speech).
(4) Conducting surveys, interviews or polls.
(5) Still photography, celluloid, or digital video filming for commercial purposes.
(6) Bus parking.
(7) Certain picnic shelters.
(8) Conducting any form of commercial speech. Commercial speech is defined as speech that promotes a product or service for profit or any other commercial purpose.
(9) Other activities and uses indicated as requiring a permit in Chapters V and VI of these Regulations.
(10) Teaching or instruction for hire.
(11) Notwithstanding any lease or other written agreement existing between a third-party and the Commission, any activity on Park Property not expressly authorized under the terms of such lease or agreement shall require a permit as provided in these Regulations.
B. Procedure for permits:
(1) Permit applications may be obtained from the Park Permit Offices of the Departments or other designated locations for use of facilities or activities in the appropriate County.
(2) The permit shall be issued within a reasonable length of time following receipt of the application, all required fees and deposits, and all information requested by the Director, or the applicant shall be furnished a written statement indicating the reasons why the permit has been denied. In the event that a permit is denied, the applicant may apply to a court of record, having jurisdiction over the parties, within ten days of denial of permit, to obtain judicial review of such restriction and denial.
C. Permits are issued subject to these conditions:
(1) Payment of all applicable fees and deposits;
(2) Permits may be issued for a single time use, seasonally, or on an indefinite time basis for regional parks, athletic fields, recreation centers or community buildings.
(3) Permits will be issued upon a determination by the Director or his/her designee that the facilities or activity areas applied for are available and appropriate for the purpose specified in the permit, and that the proposed use or activity is consistent with the size, location and available amenities of the relevant park property and with public health, safety and welfare. The Director may deny a permit if the request is inconsistent with maintaining the open, unspoiled, natural condition of the parks.
(4) The application may be granted and the permit may be issued unless one or more of the following facts is found to exist:a. That one or more of the statements in the application is not true.
b. When the applicant or any agent or representative of the applicant who will participate under the permit has previously violated any portion of the Regulations of the Commission, or has violated any of the terms and provisions of any prior permit.
c. When the permit seeks use of all or part of an administrative area.(5) Permits are issued subject to:
a. All regulations presently in effect, as though inserted as part of the terms of the permit.
b. Revocation at any time for violation of any provision of the permit.
c. Liability for any damage, injury or loss sustained by persons or property as a result of permittee's negligence or that of any member of that group.(6) The permit must be in the possession of the permittee and shown upon request.
(7) The activities referred to shall be conducted strictly in conformance with the terms and conditions of the permit issued by the Director.
(8) In conducting permitted activities no person shall:a. In any way obstruct, delay or interfere with the free movements of any other person, seek to coerce or physically disturb any other person, or hamper or impede the conduct of any authorized business or activity on any Commission property.
b. Conduct any activities in a misleading or fraudulent manner.
(9) Whenever rallies, demonstrations, pageants, ceremonies and entertainments are to be held on park property, special regulations as to the parking of vehicles and positions and movements of spectators may be promulgated by the Director. All persons within the area of such special regulations must obey or comply with the lawful orders of the Park Police or other authorized persons engaged in maintaining order.
(10) A fee may be assessed to defray the cost of conducting certain events. Additionally, for a special event, the permitees assume personal liability for the costs of cleanup of the premises; loss, breakage or removal of park property, and for the conduct and good order of the group.
D. Permit Rules and Conditions
(1) Violation of a rule or condition of a permit will be cause for immediate revocation of the permit, loss of all privileges of the permit, and forfeiture of any deposits and or fees paid for the permit.
(2) Persons holding a permit for use of a site or facility will be entitled to exclusive use of the site or facility for the purposes specified in the permit on the dates and between the hours specified in the permit. On the dates and between the hours specified in the permit, persons holding a permit may, if otherwise permitted by law, limit the use of the site or the facility more strictly than the limits imposed by these regulations. Persons not holding a permit and using that site or facility must vacate that site or facility upon the arrival of a permit holder.
E. Permits are not required for unamplified speech, distributing non-commercial literature or small informal gatherings.
Montgomery County Department of Parks