May 15, 2008

Rules & Regulations for the Use of Triangle Park

USE
Triangle Park, its facilities, appurtenances, sidewalks, landscaping and fountains shall be primarily used for peaceful and orderly pedestrian enjoyment by the general public.

Any special use of Triangle Park by a person, group of persons, or organization shall not be permitted except in accordance with the terms of a permit issued by the Lexington Center Corporation, in strict compliance with the conditions set forth hereinafter.

Agencies and instrumentalities of the governments of the United States, the state of Kentucky and the Lexington-Fayette Urban County Government may use Triangle Park for legitimate public purposes subject to the right of the Lexington Center Corporation to schedule and limit the use of the park by these governmental entities so as not to unreasonably limit the use by the public as set forth above and to avoid conflicts in scheduling the use of Triangle Park.
No permit shall be issued for the use of Triangle Park for activities aimed directly or primarily at making a profit for private individuals or profit-making corporations or other business entities. A permit may be issued to allow use of Triangle Park for advertising and other commercially related purposes, such as photography, subject, however to all other provisions set forth by the Lexington Center Corporation.
The use of Triangle Park by groups or organizations not for profit which entails any unreasonable interference or obstruction of the rights of the public to peaceably use and enjoy the park, including, but not limited to the use of a public address system or the setting up of displays or exhibits, may be permitted for a reasonable period of time by the Lexington Center Corporation provided that the Lexington Center Corporation finds that:

The proposed use of the park will not present a safety hazard to the public or persons using Triangle Park.
The use proposed will not obstruct access to the roadways and sidewalks of Vine Street, Broadway, or Main Street.
The proposed use of the park for large public gatherings or meetings will not create traffic congestion during the periods of the time reasonably determined by the Lexington Center Corporation to constitute rush hours. (Note: During hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 p.m. Monday through Friday and otherwise designated).
The proposed use of the park will not attract overwhelming crowds and/or present a danger to the park's plants, trees, landscaping, fountains or structures.
All activities, displays, or exhibits constituting part of the proposed use of the park will be lawful and in complete conformance with all federal, state, and local laws and regulations applicable thereto.

No structures will be permitted on Triangle Park except those constructed by or under the supervision of the Lexington Center Corporation.
Any person issued a permit to use Triangle Park under the authorization of this section shall keep the permit on his or her person during such activity and show it upon request to representatives of Lexington Center Corporation.

Applications for such special uses of Triangle Park shall be made to the Lexington Center Corporation on forms supplied by it and shall contain:

The name, address, and telephone number of the applicant.
The name, address, and telephone number of the officers of the applicant, or any other person or persons authorized by the applicant to represent it and act as its agent in regard to this application.
The specific proposed use of Triangle Park.
Whether amplification equipment will be necessary.
The length of time Triangle Park will be needed.
Whether a structure will be built and for what purpose.
Estimated attendance for the activity.
Whether the activity is being promoted.
Whether electricity will be required and for what purpose.
Such other matters required by Lexington Center Corporation.

The application for a permit must be submitted at least fourteen (14) days in advance of the event.

If amplification equipment is necessary, it shall be controlled so as not to disturb the surrounding business community.

No food or beverages shall be distributed by the applicant on or near Triangle Park without prior approval by Lexington Center Corporation. No commercial advertising material shall be distributed by the applicant on or near Triangle Park, however, in the event other literature, pamphlets or material is distributed on or near Triangle Park, the applicant shall be responsible for the removal of anything so distributed which is dropped or falls as litter upon Triangle Park.

Any displays shall be suitable constructed and protected so as to minimize damage by the elements and vandalism and shall comply in all respects with all regulations and laws of the Lexington-Fayette Urban County Government, the State of Kentucky, and the Federal Government applicable to such items.

Displays shall not obstruct entrances, exits or passageways, and shall be so placed to be least obstructive as possible to pedestrian traffic. Displays shall be erected only at locations designated by the Lexington Center Corporation to conform to this rule and which present a minimum hazard to the public safety.

The applicant shall pay to the Lexington Center Corporation the cost of cleaning the park for clean-up activities in excess of those normally associated with routine pedestrian use of the park. In addition, the applicant shall be responsible for repairing damage to the park, their appurtenances, facilities, landscaping, sidewalks and fountains which in any way arises from their use. After the use of the park occurs, the Lexington Center Corporation will inspect the location of the event, will perform the necessary clean-up and/or repair damages, and will bill the charges to the applicant pursuant to the terms and conditions herein. Additional applications for the use of the park will not be approved until and unless such charges are paid in full. Applicant shall further pay Lexington Center Corporation its reasonable charges for all electrical hookups and equipment rental.

The applicant shall conform to all other directives of Lexington Center Corporation officials as given orally or in writing subsequent to the issuance of the permit and related to the use of Triangle Park.

If the use of the park by applicant, in the opinion of the Lexington Center Corporation, would constitute a potential hazard to the public or to Triangle Park, its appurtenances, facilities, landscaping, sidewalks or fountains, the applicant shall be required to post with the Lexington Center Corporation a hazard insurance policy, approved as to form by the Lexington Center Corporations as named insureds designating the applicant and the Lexington Center Corporation as named insureds and providing insurance in such amounts and protecting against such liabilities and losses as deemed appropriate by Lexington Center Corporation.

If permission for use of the Triangle Park is granted, the applicant shall be so advised in writing by the Lexington Center Corporation. Permission shall state any limitations inconsistent with the application. If permission is denied, the reason shall likewise be stated in writing.

All applicants for such special use permits shall indemnify and hold harmless the Lexington Center Corporation and the Lexington-Fayette Urban County Government from any and all liabilities, damages and attorney's fees they may incur which arise out of applicant's use of the park.

PROHIBITED USES
No person, group of persons, or organization shall:

Endanger any person, obstruct or unreasonably interfere with the use of Triangle Park or any facility or appurtenance thereof, or access to, from or through any park of said park, including but not limited to passageways, exits and entrances. The proscription of this paragraph shall apply to but shall not be limited to:

the purposeful throwing, slinging, shooting or propelling or any object on or in Triangle Park;
the taking of any animals onto Triangle Park unless such animal is being or will be used by law enforcement officials engaged in the performance of their duties, or unless such animal is a sightless person's guide dog; and laying down and/or sleeping on any part of Triangle Park.

Operate or drive any vehicle, including bicycles, on Triangle Park, the sidewalks and the small fountain area, except Lexington Center Corporation employees while engaged in their official duties.
Display, offer for sale or sell any merchandise, including food, beverages, flowers, souvenirs or any other merchandise on Triangle Park; except when and where approved by the Lexington Center Corporation.
Use any sound amplifying equipment on Triangle Park, except as permitted by the permit of Lexington Center Corporation.
Paste, glue, tack, erect or otherwise post any sign, placard, advertisement or inscription, whatsoever, without the approval of the Lexington Center Corporation.
Engage in gambling in any form in the park..
Bathe, wade in, or interfere with park fountains.
Ignite open flames.
Deposit any garbage, litter or rubbish.
Damage any planting, landscaping, trees or grass.
Violate any local, state, or federal law.
Solicit any funds, items, or valuables.
Possess any alcoholic beverages in the park.

Triangle Park