City Parks & Boot Camps

[OKCTalker]

I think this post fits best in this section ("civic issues")...

The Journal Record's Brian Brus is working on a story about boot camp operators being charged a fee to hold training sessions in city parks, with the city arguing that they take advantage of the "free space," and that they disrupt other park users.

First of all, I think this flies in the face of Mayor Cornett's "This City Is Going On A Diet" campaign. Secondly, I can't think of a better blend of public space and private business that doesn't cost the city a dime. Third, how do you define and enforce this? I mean, if I hire a personal trainer the two of us run at Lake Hefner, isn't he equally in violation with a boot camp that holds a class of 100? But which is doing more for the public good? I'd argue the camp because they're bringing better fitness to a greater number of people.

Is this a big issue or a non-issue?

[onthestrip]

Running through city park with just you and your trainer is one thing but I dont think its unfair that the city requires the boot camp leaders to pay a fee. They are using the free park to make money and they are taking up large areas with large crowds. Itd be no different if a concert promoter wanted to have a concert at a city park, there would be permits and fees required for that.

[Midtowner]

How much is the fee?

Are we maybe pole vaulting over mouse turds here?

[OKCTalker]

Oh I absolutely agree that city council has more to worry about than regulating a few boot camp operators who use city parks a few hours each week, but they've apparently made the decision to consider it. My illustration shows the perils of passing a blanket ordinance that doesn't differentiate between one person + one coach and 000's of people meeting on a regular basis.

[rcjunkie]

how much is the fee?

Are we maybe pole vaulting over mouse turds here?

$50.00

[Midtowner]

$50.00

Per session? No big deal.. just pass the cost on to the consumer.

Here's the relevant part of the Municipal Code:

§ 38-103. Permits.
(a) The Director is authorized to issue permits under guidelines set by the Park Commission applicable to their jurisdiction and according to their functions as set forth in this chapter.
(b) The Director is authorized to issue permits under guidelines recommended by the Game and Fish Commission applicable to their jurisdiction and according to their function as set forth in this chapter and approved by City Council.
(Ord. No. 20098, § 2, 1-18-94)

§ 38-104. Fees.
(a) An individual or entity to whom a permit is issued pursuant to the provisions of this chapter shall pay to the City the fee established by the City.
(b) There is hereby established a schedule of fees for the use or privilege of using property, equipment and services of the Parks and Recreation Department. Such fees shall be as established by the City, provided, however, the Director is hereby authorized to establish a policy for the issuance of refunds, which shall be approved by the City Council.
(c) The Director is authorized to establish fees for participation in special events, activities and programs, conducted and administered by the Parks and Recreation Department that are proprietary in nature. For purposes of this section, proprietary functions are those that are business-like in nature and not governmental. The established fees and activities under this subsection shall be delivered to the Council within ten days after adoption.
(d) Before any permit required under this article shall be issued, the applicant in consideration of the issuance of the permit, shall agree in writing to release the City, and any other individual acting for or on behalf of the City, from all liability from any accident that may occur on any park or waters of City-operated reservations, whether or not such accident is caused by the negligence of the City. Said agreement shall be binding upon the heirs, executors, administrators and assigns of the said party for whom the application for a permit is made.
(e) No individual or entity shall charge fees in excess of those established in Chapter 60, the General Schedule of Fees. Such unlawful and excessive charges shall subject such individual or entity to the payment of a fine and costs, and shall operate to terminate immediately any lease, contract or authority which such individual or entity has to grant permits.
(Ord. No. 20098, § 2, 1-18-94; Ord. No. 21678, § 1, 3-6-01)

Then the relevant part of the fee schedule would appear to be here:

§ 60-38-17. Fees for other permits and reservations.
(a) parks special events permit:
permit fee, per day (consecutive days), per park . . . $55.00
one-time non-refundable processing fee . . . 20.00
special processing fee for requests made less than seven calendar days in advance . . . 20.00
staff fee, per hour* . . . 10.00

So it'd look like they'd have to pay a 1-time $20 fee and then $55 per day. They'd also have to release the city of liability for any accidents that happen.

So it'd come down to whether these are special events, and that is pretty much up to the Parks Department so long as their determination is even-handed. This is understandable because of liability concerns and potential need for more park personnel than normal depending on the size of these classes.

Also, without the fee, what's to keep Boot Camp Company X from setting up shop where Boot Camp Company Y has been operating for years? This is a small amount of money to pay, and I don't think there's much of a story here. Of course I could be wrong. This isn't a professional legal opinion, I just pulled what I figured would be the relevant sections of the Municipal Code. If the folks who are prosecuting this thing want to see if they have a case, I'm certainly not saying they definitely don't have one, just that the claim that something foul is amiss doesn't pass the smell test.

[PennyQuilts]

That seems quite steep, to me, unless there are a lot of people in the boot camp.

[FritterGirl]

A new permit type is being developed for this specifically. The cost, which will go into effect May 6, is $50 per park site/per month.

The permit will not be dissimilar to those issued to other groups wishing to "lease" park lands, such as ball fields, areas for concerts, etc.

The advantage is really towards the bootcamp operators. They can set up with a permit from the Parks Department and not have to deal with potential conflicts of other groups trying to set up on the same space at the same time, something that has happened on multiple occasions and has caused conflicts. There have also been instances where boot camp operators have tried to set up in parking lots at very poplular local exercise spots, and have told individual citizens, who were not in their classes, that they couldn't park in that lot. The permits will give them directives on the park sites they can use.

The language in the permit will read outdoor fitness camps.