I. Background. The City of Boise has an obligation to protect the public’s use and enjoyment of parks while simultaneously protecting the guarantees as provided by the First Amendment to the United States Constitution or Article I, Sections 9 and 10 of the Idaho Constitution.
II. Purpose. This Park and Recreation Permit Policy establishes a systematic and consistent approach to reviewing and granting permits for individuals and organizations that want to use a public park for activities protected by the First Amendment to the United States Constitution or Article I, Sections 9 and 10 of the Idaho Constitution.
III. Authority. The Boise Parks and Recreation Director is authorized, by Boise City Code Sections 1-10E-2 and 1-10E-3 to superintend, direct, and manage the department, including all public park grounds, park and recreation facilities, open space, zoos, and cemeteries in the City, in accordance with applicable directions, orders, rules and regulations adopted and promulgated by the Parks and Recreation Department and, as may be required by ordinance, ratified, adopted and approved by the City Council and Mayor. The Director shall exercise all powers and duties necessary and incidental to those authorized by the Constitution, Federal law, State Code, this Code and policies and procedures set forth by the Mayor and City Council.
IV. Guiding Principles.
A. The Parks and Recreation Department protects the use and enjoyment of our parks for all members of the public.
B. The City of Boise is committed to protecting the public’s rights as set forth in the First Amendment to the United States Constitution and Article I, Sections 9 and 10 of the Idaho Constitution.
V. Policy.
A. Individuals and small groups do not need a permit for activities protected by the First Amendment to the United States Constitution or Article I, Sections 9 and 10 of the Idaho Constitution (including, for example, but not limited to, rallies, marches, addresses, and performances). Groups of 150 people or larger must obtain a permit but are not required to pay any fee at Ann Morrison Park, Cassia Park, Cecil D. Andrus Park, Cherie Buckner-Webb Park, Fort Boise Park, The Grove Plaza, Julia Davis Park, Molenaar Park, Veteran’s Memorial Park, and Kristin Armstrong Municipal Park. Groups of 50 people or larger must obtain a permit but are not required to pay any fee at all other Parks. Groups without permits will be allowed to use Parks on a first come first serve basis. A group with a valid permit will be permitted to displace a group without a permit.
B. A spontaneous event involving activities protected by the First Amendment to the United States Constitution or Article I, Sections 9 and 10 of the Idaho Constitution (including, for example, but not limited to, rallies, marches, addresses, and performances) that occurs at the spur of the moment, or that occurs in reaction to an international, national, state, regional or local issue does not require a permit. A spontaneous event is one that, even with the exercise of due diligence, cannot reasonably be planned or anticipated within 30 days of the event.
C. An application for a Permit to hold an activity protected by the First Amendment to the United States Constitution or Article I, Sections 9 and 10 of the Idaho Constitution (including, for example, but not limited to, rallies, marches, addresses, and performances) shall be approved by the Department of Parks and Recreation UNLESS:
1. There are inadequate parking and/or sanitation facilities to accommodate the size of the event; or
2. Denial is necessary to protect grounds, buildings and other amenities from damage and/or overuse; or
3. The event would conflict with a previously planned event with a valid permit; or
4. The application is incomplete or inaccurate; or
5. Applicant fails to agree to terms of City of Boise Department of Parks and Recreation Terms of Use.
D. The terms of this policy control over any conflicting or inconsistent policy or directive regarding the use of Parks in the City of Boise.