Facility Use Policy Explained

Here are the facts regarding the Town's interest in establishing a formal Facility Use Policy.

Simply put, the purpose of a Facility Use Policy is to establish rules and regulations for any individual, group, or organization seeking to obtain permission to use a town-owned facility. It also helps the Town manage risk and avoid unecessary litigation; something I'm certain the taxpayers will appreciate.

To that end, here is the actual policy, which by the way is the industry standard and commonly used by municipalities, colleges/universities, and schools across the country.

TOWN of EAST HAVEN, CONNECTICUT

FACILITY USE POLICY

The Town of East Haven has a number of facilities that are available for use by its residents and members of the general public. It is the intent of the Town to have the facilities used as frequently as possible, but it is the obligation of the Town to ensure that its facilities are maintained in good condition and their use and maintenance do not impose an undue financial cost on the Town’s residents.

This policy is intended to help ensure that the Town’s facilities will be well maintained, enjoyable, accommodating and will provide a safe environment and that the Town will be fair and consistent with all parties wishing to use its facilities.

FACILITIES TO WHICH THIS POLICY APPLIES - This policy shall apply to all municipal facilities in the Town of East Haven.

PRIORITY OF USE - The Town of East Haven will make these facilities available on a first come, first serve basis for individuals, groups and organizations to rent during times when the facilities are not being utilized for Town of East Haven programs or by Town Staff, Boards, Commissions and Committees, or Town of East Haven sponsored events.

HOURS OF USE - The hours of use for each facility shall be determined by the Recreation & Athletic Complex Commission.

PROHIBITIONS - Prohibited uses for each facility shall be determined by the Recreation & Athletic Complex Commission.

OCCUPANCY - Maximum occupancy for each facility shall be determined by the Town’s Fire Marshal:

SMOKING - Smoking is strictly prohibited at all Town facilities.

ALCOHOL - Alcohol is strictly prohibited at all Town facilities.

INDEMNIFICATION AND HOLD-HARMLESS - Users agree to indemnify and hold the Town, its Officers, Agents, and Employees harmless from any loss or liability which may result from claims of injury to persons or property from any cause arising out of or during the use and occupancy of the Facility by user and/or user’s guests, agents, or employees.

SPECIAL ACCOMMODATIONS - Special accommodations for items such as parking, including accommodations for disabled persons, EMT/Fire or Police Staffing, etc... shall be determined by the Chief of Police and/or the Fire Chief.

OTHER MISCELLANEOUS APPROVALS - Prior to the signing of the Facility Use Rental Agreement, users must secure approval from all appropriate Boards, Commissions, and Departments, including the Town Council.

OBLIGATIONS OF USERS - Users must return the facilities in a neat, orderly and clean condition after their use. Users will be responsible for, and liable to, the Town for all repairs to the facilities required as a result of damage caused by users.

FACILITY RENTAL AGREEMENT - Social service and community service groups, individuals, businesses, and non-profit groups wishing to use the facilities shall be required to execute a Facility Use Rental Agreement for each event.

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And here's how it procedurely works.

For any new individual, group, or organization seeking to obtain permission to use a town-owned facility:

Step 1.

Direct any individual, group or organization seeking permission to use a town-owned facility to the Facility Use Sub-Committee of the Recreation & Athletic Complex Commission.

Step 2.

The Facility Use Sub-Committee shall determine whether or not the requested event is suitable for a town-owned facility.

Step 3.

If it is not, the Facility Use Sub-Committee shall deny the request. If it is, the Facility Use Sub-Committee shall check to see if the town-owned facility is available on the requested date and time.

Step 4.

The Facility Use Sub-Committee shall provide a copy of the Town’s Facility Use Policy to the individual, group or organization and review it in its entirety. 

Step 5.

If the individual, group or organization agrees to abide by the Town’s Facility Use Policy, the Facility Use Sub-Committee shall make available a Facility Use Rental Agreement and review it in its entirety. The Facility Use Sub-Committee shall determine whether or not a security deposit will be required; and if so, the exact dollar amount. The Facility Use Sub-Committee shall provide a complete list of all Boards, Commissions, and Departments for which approval must also be secured prior to the signing of the Facility Use Rental Agreement.

Step 6.

Upon verification of all required approvals, including a certificate of insurance (if applicable), the Director of Recreation & Athletic Complex shall sign the Facility Use Rental Agreement along with the individual, group or organization.

Step 7.

The Facility Use Sub-Committee shall forward the signed Facility Use Rental Agreement to the Town Attorney so it can be presented to the Town Council as a Resolution at its next regularly scheduled meeting.

Existing individuals, groups, or organizations who have been using town-owned facilities on an annual or regular basis (car washes at Town Hall, ziti dinners at the Senior Center, administrative meetings at the Beach House, etc…), shall be considered grandfathered for the purpose of having to obtain permission as described above; however, this shall not preclude them from having to adhere to the terms and conditions of the Facility Use Policy, including the Indemnification and Hold-Harmless provision.

The definition of town-owned facility includes any facility that is owned by the Town, and for which it may be retained by any individual, group, or organization for suitable use. Examples include:

• Beach House
• Town Green
• Margaret Tucker Park
• Momauguin Park