Commercial Operator Information
Commercial User Fees and Permit
Ball Fields: Baranof, Vilandre, Kimsham Landfill, Mt. Edgecumbe, Keet Gooshi Heen,
Parks: Pioneer Park, Turnaround Park, Goddard Hot Springs, Swan Lake Park, Moller Park, Crescent Park
Trails: Cross Trail, Thimbleberry Lake Trail, Heart Lake Trail, Medvejie
Miscellaneous: Tony Hrebar Shooting Range, Sitka Skate Park, Kaisei Maru Memorial
Fees not applicable to: Whale Park
Click here to download Commercial Use Permit (PDF).Sitka General Code Provision
Chapter 23.20
COMMERCIAL USE OF PARKS, RECREATION FACILITIES, AND TRAILS
Sections:
23.20.010 Policy.23.20.020 Lands regulated.
23.20.030 Permit required for commercial activities.
23.20.040 Commercial permit fees.
23.20.050 Insurance and indemnification.
23.20.060 Permit duration.
23.20.070 General operating requirements.
23.20.080 Enforcement and penalties.
23.20.090 Definitions.
23.20.010 Policy.
A. The policy of the city and borough of Sitka concerning the commercial use of municipal land identified as a park, recreation area, or trail is to:
1. Maintain and improve parks, recreation areas and trails for their primary use by the public and preserve them from activities inconsistent with that primary use.
2. Preserve and maintain these public assets for all users; preserve the recreational experience unique to each area; consider impacts upon other users and neighboring property; and insure public safety on city lands.
3. Establish rules to minimize environmental damage and mitigate impacts from the commercial use of parks, open spaces, and trails.
4. Charge for commercial use of parks, trails, open spaces, and recreational facilities at a fair rate which reflects the cost of providing any improvements, maintenance, services, and administration necessary for the use.
5. Establish and enforce uniform rules for commercial use of city and borough park and open spaces, trails, and recreational facilities.
(Ord. 2004-39 § 4 (part), 2004.)
23.20.020 Lands regulated.
This title applies to all city and borough land designated as a park, recreation area, or trail in the Sitka parks and recreation facilities survey as adopted by the city and borough assembly and maintained for public inspection by the city and borough clerk, the city and borough public works director, and the city and borough parks and recreation coordinator. This title also applies to all trails owned by and easements held by the city and borough for parks and recreation purposes. This title also applies to trails for which the city and borough holds joint jurisdiction with an agency of the state of Alaska or the United States government. (Ord. 2004-39 § 4 (part), 2004.)
23.20.030 Permit required for commercial activities.
A. No person may conduct commercial activities within a city and borough of Sitka parks and recreation area subject to this title except as authorized by a permit issued by the director of public works.
B. The public works director may issue a permit for commercial activities within a park and/or recreation area subject to such conditions as the director may impose and only upon a determination that the use as proposed:
1. Will not pollute or degrade the environment, resources, facilities, or atmosphere of the park;
2. Will not endanger the public health, safety, and welfare; and
3. Will not significantly interfere with the use and enjoyment of the area by other members of the public.
C. A permit may contain conditions reasonably required for the protection and use of the park area for which the permit is granted, including limitations as to time, area, equipment, user loading, traffic, parking, discharges, noise, and other factors.
D. The public works director may deny a proposed use upon a written determination that the use, alone or in combination with other uses, would cause an unreasonable level of environmental degradation, or other disturbance to the area. In making such determination, the director shall consider the nature and extent of the use, the number of users, and the impacts likely to result from the use, including traffic, noise, public access, loading, the availability of parking and other factors.
E. A permit is transferable only with the permittee’s entire business interest in activities conducted under the permit and only to a person who has successfully completed the permit application process. No credit will be given for any permit payments made by the previous holder of the permit.
(Ord. 2004-39 § 4 (part), 2004.)
23.20.040 Commercial permit fees.
The applicant for a commercial permit shall pay a fee established by the city and borough assembly that will give the city and borough a fair and reasonable return in light of the cost of administering the activity permitted under the permit, the impact of the proposed activity on the area, the cost of any improvements required, and the value of the benefit conferred upon the user. The fee shall be paid prior to the commencement of the permitted activity and should be based on the applicant’s best estimate of the number of clients and number of days of permitted activity that he/she expects for that season. Reconciliation is done at the end of the season and can result in a credit being carried over to the following season or additional charges. The minimum fee is one hundred dollars, regardless of whether a commercial operator’s service days add up to that amount.
(Ord. 2004-39 § 4 (part), 2004.)
23.20.050 Insurance and indemnification.
A. General Liability Insurance. Each permittee receiving a permit under Section 23.20.030 shall at all times during the period of operations maintain a current commercial general liability insurance policy in the amount of not less than one million dollars combined single limit, which policy shall name the city and borough and its officers and employees as additional insureds. The policy shall not contain any self-insured retention or deductible in excess of one thousand dollars, and shall include a provision requiring written notification to be given to the city and borough by the insurance company not less than thirty days before the policy is canceled, modified or terminated for any reason. Permittees shall submit a copy of the policy, or, at the option of the city and borough, a certificate of the policy, to the city and borough prior to beginning any operations or setting up of operations under the permit.
B. Vehicle Liability Insurance. No permit issued under Section 23.20.030 shall be issued or continued in effect unless there is in full force and effect a liability insurance policy for each vehicle used to transport persons or materials to, from or within the permit area. The policy shall be issued by an insurance company authorized to do business in the state of Alaska. The limits of coverage provided shall be not less than one million dollars for each occurrence (combined single limit for bodily injury and property damage.) The policy shall contain a provision for notification to the city and borough of cancellation thirty days prior to such cancellation.
(Ord. 2004-39 § 4 (part), 2004.)
23.20.060 Permit duration.
A. Permits may be issued for a period not to exceed one year.
B. Permits are valid only for the dates, times, activities, and areas specified.
C. Permits are not automatically renewable. Issuance of a permit shall not entitle the permit holder to any priority or preferential consideration for subsequent, new, or additional permits for the same or related uses or areas. A new application must be submitted each year for each permit.
D. The public works director may issue a temporary permit at any time, valid for not more than thirty days. The application process for a temporary permit shall be the same as for other permits.
(Ord. 2004-39 § 4 (part), 2004.)
23.20.070 General operating requirements.
A. Permit holders shall have a copy of the permit immediately available for inspection at all times while engaged in activities pursuant to the permit.
B. Permit holders shall be responsible to the city and borough for their actions and those of their agents, employees or customers while engaged in permit activities. The following operating requirements apply to activities conducted under the permit unless otherwise specified in a permit:
1. No one may obstruct traffic, litter, use glass containers, nor disturb, damage, deface or remove natural objects including trees, plants, moss, rock, gravel, or minerals, nor disturb or remove cultural, archaeological, or historical material.
2. Activities conducted under the permit shall be confined to the improved trail surfaces except as required for safety reasons.
3. No alterations or improvements to the permitted area are allowed, nor may anything be posted or signs of any kind be installed in the area.
4. No one may fish or hunt under this permit unless expressly allowed in writing. No one may harass wildlife. Camping or lighting fires may be permitted in designated areas.
5. The permit holder shall promptly notify the public works director of any accident, injury, or claim relating to the permitted activity.
6. The permit holder shall promptly notify the public works director of any repair or maintenance needed in the permitted area, or any natural condition which constitutes a hazard. The permit holder shall not make any repair or alteration to the area unless required by an emergency and shall promptly report such repair or alteration to the public works director.
7. Permit holders shall comply with all state, federal, and local laws applicable to their activities.
8. Permit holders shall properly dispose of all litter.
9. The permit holder shall reimburse the city and borough of Sitka for any damage to municipal property caused by the permit holder while engaged in permit activities, including the cost of litter abatement.
10. No pets shall accompany any person engaged in permit activities unless the pet is restrained on a leash and all fecal material is promptly removed and properly disposed of.
11. No equipment or supplies may be stored at any municipal facility or permit area unless approval of the public works director is secured in advance.
12. All vehicles under the ownership or control of the permit holder shall be lawfully operated or legally parked while the permit holder is engaged in permit activities. The permit holder shall be responsible for following all parking restrictions and requirements imposed by permit conditions.
(Ord. 2004-39 § 4 (part), 2004.)
23.20.080 Enforcement and penalties.
A. A permit may be suspended by the public works director without advance notice if any activities conducted under the permit present an immediate danger to the public health, welfare, or safety or if the suspension is found to be in the best interests of the city and borough of Sitka.
B. A permit may be suspended or revoked by the public works director upon written findings that the permit holder has violated these regulations. The permit holder shall be provided at least ten days’ notice and an opportunity to be heard at an informal hearing on the suspension or revocation. The director’s decision may be appealed to the city and borough administrator by filing a notice of appeal setting forth the reasons the decision is appealed with the office of the city and borough administrator no later than ten days after the director’s decision.
C. Any commercial entity found to be operating within a park or recreation area without a permit from the city and borough of Sitka will be subject to prosecution for an infraction and subject to a fine for that infraction of not more than five hundred dollars.
(Ord. 2004-39 § 4 (part), 2004.)
23.20.090 Definitions.
As used in this chapter:
“Business day” means days and hours when the administrative offices of the city and borough of Sitka at 100 Lincoln Street in Sitka, Alaska are open to the general public.
“Commercial use” or “commercial purpose” means the sale, delivery, or solicitation to provide, goods or services in exchange for valuable consideration. The term includes a service offered in conjunction with another sale of goods or services whether or not it is incidental to, advertised with, or specifically offered in the other sale. All guide, outfitter, and transportation services are commercial activities if any payment or valuable consideration through barter, trade, cash or other commercial means is required, expected or received beyond the normal and customary, equally shared cost of food and fuel for any portion of activities conducted within the parks and recreation area.
“Department” means the city and borough of Sitka public works department.
“Director” means the supervisor of the city and borough of Sitka public works department or such person as may be designated by the administrator to administer these regulations.
“Park and recreation area” means land owned and/or managed by the city and borough of Sitka and described in the Sitka parks and recreation facilities survey as approved by the Sitka city and borough assembly.
‘“Permittee” or “permit holder” means the business entity or its authorized representative conducting commercial activities in a recreation area according to a permit issued under these regulations.
“Person” means a natural person, firm, partnership, corporation, association, or other entity organized for a commercial purpose.
“Trail” means a trail or pathway owned or maintained by the city and borough of Sitka and used either for motorized or nonmotorized purposes other than the automobile.
“Vehicle” means a device in, upon or by which a person or property may be transported or drawn including devices moved by human, animal, mechanical or other power source. (Ord. 2004-39 § 4 (part), 2004.)