DENVER COUNTY DISTRICT COURT, COUNTY OF … · DENVER COUNTY DISTRICT COURT, COUNTY OF DENVER,...

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DENVER COUNTY DISTRICT COURT, COUNTY OF DENVER, STATE OF COLORADO Court Address: 1437 Bannock Street, Denver, CO 80202 ▲ COURT USE ONLY ▲ Plaintiff(s): Damian Stone Defendant(s): Denver Parks and Recreation District d/b/a Denver Parks and Recreation and Lauri Dannemiller, Executive Director, Individually Attorney/Pro Se: Damian S. Stone, Reg. No. 34587 The Law Office of Damian Stone, P.C. 3570 E. 12th Avenue, Suite 200 Denver, Colorado 80206 Telephone: 720-684-4371 Case No.: Div./Ctrm: SUMMONS TO THE ABOVE NAMED DEFENDANT: Denver Parks and Recreation District d/b/a Denver Parks and Recreation YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court an answer or other response to the attached Complaint. If service of the Summons and Complaint was made upon you within the State of Colorado, you are required to file your answer or other response within 20 days after such service upon you. If service of the Summons and Complaint was made upon you outside of the State of Colorado, you are required to file your answer or other response within 30 days after such service upon you. Your answer or counterclaim must be accompanied with the applicable filing fee. If you fail to file your answer or other response to the Complaint in writing within the applicable time period, the Court may enter judgment by default against you for the relief demanded in the Complaint without further notice. Dated: June 12, 2014 S/ Damian Stone _ Damian S. Stone, Reg. No. 34587 3570 E. 12th Avenue, Suite 200 Denver, Colorado 80206 Telephone: (720) 684-4371

Transcript of DENVER COUNTY DISTRICT COURT, COUNTY OF … · DENVER COUNTY DISTRICT COURT, COUNTY OF DENVER,...

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DENVER COUNTY DISTRICT COURT, COUNTY OF

DENVER, STATE OF COLORADO

Court Address: 1437 Bannock Street, Denver, CO 80202

▲ COURT USE ONLY ▲

Plaintiff(s): Damian Stone

Defendant(s): Denver Parks and Recreation District d/b/a

Denver Parks and Recreation and Lauri

Dannemiller, Executive Director,

Individually

Attorney/Pro Se:

Damian S. Stone, Reg. No. 34587

The Law Office of Damian Stone, P.C.

3570 E. 12th Avenue, Suite 200

Denver, Colorado 80206

Telephone: 720-684-4371

Case No.:

Div./Ctrm:

SUMMONS

TO THE ABOVE NAMED DEFENDANT: Denver Parks and Recreation District d/b/a Denver Parks and

Recreation

YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court an answer or other response

to the attached Complaint. If service of the Summons and Complaint was made upon you within the State of

Colorado, you are required to file your answer or other response within 20 days after such service upon you. If

service of the Summons and Complaint was made upon you outside of the State of Colorado, you are required to file

your answer or other response within 30 days after such service upon you. Your answer or counterclaim must be

accompanied with the applicable filing fee.

If you fail to file your answer or other response to the Complaint in writing within the applicable time period, the

Court may enter judgment by default against you for the relief demanded in the Complaint without further notice.

Dated: June 12, 2014 S/ Damian Stone _

Damian S. Stone, Reg. No. 34587

3570 E. 12th Avenue, Suite 200

Denver, Colorado 80206

Telephone: (720) 684-4371

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DENVER COUNTY DISTRICT COURT, COUNTY OF

DENVER, STATE OF COLORADO

Court Address: 1437 Bannock Street, Denver, CO 80202

▲ COURT USE ONLY ▲

Plaintiff(s): Damian Stone

Defendant(s): Denver Parks and Recreation District d/b/a

Denver Parks and Recreation and Lauri

Dannemiller, Executive Director,

Individually

Attorney/Pro Se:

Damian S. Stone, Reg. No. 34587

The Law Office of Damian Stone, P.C.

3570 E. 12th Avenue, Suite 200

Denver, Colorado 80206

Telephone: 720-684-4371

Case No.:

Div./Ctrm:

SUMMONS

TO THE ABOVE NAMED DEFENDANT: Lauri Dannemiller

YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court an answer or other response

to the attached Complaint. If service of the Summons and Complaint was made upon you within the State of

Colorado, you are required to file your answer or other response within 20 days after such service upon you. If

service of the Summons and Complaint was made upon you outside of the State of Colorado, you are required to file

your answer or other response within 30 days after such service upon you. Your answer or counterclaim must be

accompanied with the applicable filing fee.

If you fail to file your answer or other response to the Complaint in writing within the applicable time period, the

Court may enter judgment by default against you for the relief demanded in the Complaint without further notice.

Dated: June 12, 2014 S/ Damian Stone _

Damian S. Stone, Reg. No. 34587

3570 E. 12th Avenue, Suite 200

Denver, Colorado 80206

Telephone: (720) 684-4371

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DISTRICT COURT, CITY AND COUNTY OF DENVER

STATE OF COLORADO

1437 Bannock Street

Denver, CO 80202

▲ COURT USE ONLY ▲

Plaintiff(s): Damian Stone

Defendant(s): Denver Parks and Recreation District d/b/a

Denver Parks and Recreation and Lauri

Dannemiller, Executive Director,

Individually

Attorney/Pro Se:

Damian S. Stone, Reg. No. 34587

The Law Office of Damian Stone, P.C.

3570 E. 12th Avenue, Suite 200

Denver, Colorado 80206

Telephone: 720-684-4371

Case No.:

Div./Ctrm:

PLAINTIFF DAMIAN STONE’S PETITION AND COMPLAINT

Plaintiff Damian Stone (“Plaintiff”), attorney of record, states as follows:

PARTIES JURISDICTION AND VENUE

1. Plaintiff Damian Stone, 3570 E. 12th

Avenue, Suite 200, Denver, Colorado 80206,

is a resident of Denver County.

2. Defendant Denver Parks and Recreation “(“Denver Parks”), 201 West Colfax

Ave., Dept. 601, Denver, Colorado 80202, is considered a resident of Denver County.

3. Defendant Lauri Dannemiller, Executive Director, Denver Parks and Recreation,

is a resident of Denver County.

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4. The parties reside in Denver. The actions that form the basis of this Complaint

were committed in Denver County. Pursuant to C.R.C.P. 98, venue for an injunction to stay

proceeding is proper in the county where the suit is pending. Thus, venue is proper.

5. Pursuant to C.R.C.P. 106(a)(4), Plaintiff may seek relief from the district court

“where any governmental body or officer or any lower judicial body exercising judicial or quasi-

judicial functions has exceeded its jurisdiction or abused its discretion, and there is no plain,

speedy and adequate remedy otherwise provided by law:” Thus, jurisdiction is proper.

6. Plaintiff requests a declaratory judgment and injunctive relief pursuant to §§ 13-

51-101 et. seq., C.R.C.P. 57, and C.R.C.P. 65 and all necessary parties are before the Court.

FACTS

7. Lauri Dannemiller and Denver Parks illegally passed a law and regulations that

makes it unlawful for families, children, or other individuals to participate in impromptu casual

drop-in sporting activities at Washington Park.

8. For example, on May 24, 2014, Park Ranger Wells stopped a family of four from

playing a soccer game at Washington Park. The attached photograph shows a mother and father

playing soccer at Washington Park with their two young children. (Photograph, Exhibit 1.)

9. The next photograph shows Park Ranger Wells shutting down this family game

because the family did not have a permit to play a casual family soccer game at Washington

Park. (Photograph, Exhibit 2.)

10. On the same day, Damian Stone went to Washington Park to engage in casual

drop-in volleyball with friends and new acquaintances. Upon arrival, Mr. Stone and five other

individuals began to play a game of volleyball.

11. Park Ranger Wells, however, issued a “Citation-Notice of Violation” against

Mr. Stone that asserted a $100.00 fine for doing nothing more than playing a game of volleyball

with friends. (Citation, Ex. 3.)

12. Ms. Dannemiller and Denver Parks claimed to have issued the “Citation-Notice of

Violation” under Denver Municipal Code § 39-4. (Citation, Ex. 3.) In reality, however, Ms.

Dannemiller and Denver Parks bowed under the pressure OF a small number of influential

residents living around Washington Park who do not want to share Washington Park with the

other Denver residents who pay taxes for the maintenance and upkeep of the Park.

13. Ms. Dannemiller and Denver Parks then issued a Permitting Rule (“Permitting

Rule”). (Permitting Rule, Ex. 4.) Defendants asserted that § 39-4 provided them with the

authority to issue citations for the Permitting Rule.

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14. Under the Permitting Rule, Ms. Dannemiller and Denver Parks claimed to have

the authority to regulate “Team Sports Activity” including casual/drop-in sports like family

soccer, volleyball, corn hole, badminton, or any other sporting activity “involving more than

three (3) persons.” (Permitting Rule, Ex. 4.)

15. Denver Municipal Code § 39-16, however, excludes “casual or spontaneous

(pick-up) games” from the definition of “Sports Activities.” (Section 39-16, Ex. 5.) Further,

Regulations 14.1 of Denver Parks Use Rules also excludes “casual or spontaneous (pick-up)

games, ” unscheduled games, unorganized teams, and unorganized groups from the inclusion in

the definition of “Team Sport Activity.” (Use Regulations § 14.1, Ex. 5.)

16. Thus, Ms. Dannemiller and Denver Parks and Recreation did not have the

authority or power to regulate “casual or spontaneous (pick-up) games” such as family soccer

games, drop-in volleyball, or other unorganized sports.

17. Instead, pursuant to Denver Municipal Code § 2-92 thru 96 (Section 2, Exhibit 7)

and § 39-2, Ms. Dannemiller and Denver Parks had to go through the notice and public hearing

procedure to amend the definition of “Sports Activities” and “Team Sport Activity” to include

casual or spontaneous pick-up games such as a family soccer game, volleyball, or the like.

18. In addition, Lauri Dannemiller and Denver Parks issued a Second Permitting

Rule. (Second Permitting Rule, Ex. 4.1.) The Second Permitting Rule also seeks to regulate

casual drop-in volleyball even though the language in Denver Municipal Code § 39-16 and

Denver Parks’ Use Regulations 14.1 prohibit Denver Parks from having the authority to regulate

“casual or spontaneous (pick-up) games” or unscheduled games, unorganized teams, and

unorganized groups from the inclusion in the definition of “Team Sport Activity.” (Section 39-

16, Ex. 5; Use Regulations § 14.1, Ex. 5.) The same arguments applicable to the Permitting Rule

are equally applicable to the Second Permitting Rule.

19. The Second Permitting Rule also again changed and amended the “Team Sport

Activity” to again include casual or spontaneous pick-up games such as a family soccer game,

volleyball, or the like.

20. Finally, the Second Permitting Rule threatens volleyball players with a criminal

arrest if they engage in a drop-in volleyball game at a public park. The Second Permitting Rule

also singles out volleyball players and applies disparate and distinct permitting requirements for

volleyball players versus other similarly situated people. (Second Permitting Rule, Ex. 4.1.)

21. Thus, Lauri Dannemiller and Denver Parks are treating a group of people,

volleyball players, differently than other similarly situated individuals engaged in similar sports.

This amounts to an arbitrary and unreasonable action and violates the equal protection and due

process clauses of the United State Constitution and the Colorado Constitution.

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22. The Equal Protection clause seeks to ensure that any classifications the law

makes are made ‘without respect to person,’ that like cases are treated alike, that those who

‘appear similarly situated’ are not treated differently.

23. Based on this disparate treatment, Lauri Dannemiller’s and Denver Parks’ Second

Permitting Rule have also violated the equal protection clause and due process clause. In

addition, if the Denver Police Department were to arrest someone for a violation of the

Permitting Rule, the arrest would be constitutionally infirm.

24. As Ms. Dannemiller and Denver Parks knew that the residents of Denver would

object to requiring families and friends to obtain permits to play casual sports at Washington

Park, Ms. Dannemiller and Denver Parks ignored the law and illegally created the Permitting

Rule.

25. To legally change the Denver Parks’ Rules and Regulations, Ms. Dannemiller and

Denver Parks had to adhere to the rule making and notice requirements. This would have

required Ms. Dannemiller and Denver Parks to give notice to Denver residents of the proposed

regulations. After giving proper notice to the community, Ms. Dannemiller and Denver Parks

would then have to hold a public hearing where Denver residents could express their opinions

regarding the proposed regulations.

26. This process guarantees Mr. Stone and the residents of Denver constitutional due

process and their rights to participate in the formulation of the rules and regulations that impact

all of our lives.

27. Ms. Dannemiller and Denver Parks, however, knew that the majority of Denver

residents would object to the regulation of family soccer games and other casual sports like drop-

in volleyball.

28. Consequently, Ms. Dannemiller and Denver Parks decided to illegally change the

definition of “Team Sport Activity” located in Denver Municipal Code § 39-16 (Exhibit 5) and

Denver Parks’ Use Regulations § 14.1 (Exhibit 6) by issuing the Permitting Rule and Second

Permitting Rule that changed the definition to include sporting activities that involved “more

than three (3) persons” or involve casual, unorganized, drop-in sports like volleyball and similar

sports. (Permitting Rule, Ex. 4.)

29. Even though the Permitting Rules makes a specific reference that “Team Sporting

Activity” will have the same meaning as set forth in Section 14.1 (which excludes casual or

spontaneous (pick-up) games) (Permitting Rule, Ex. 4), the Permitting Rules expanded the

definition of “Team Sporting Activity” to include sporting activities that involved “more than

three (3) persons” regardless of whether they are casual or spontaneous pick-up games. Id.

30. In this case, Defendants issued a citation to Damian Stone for engaging in the

horrible crime of playing a pick-up volleyball game in Washington Park. The citation asserted a

$100 fine that is due within (30) days. (Citation, Ex. 3.) In addition, Damian Stone has been

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threatened with criminal prosecution if he engages in another drop-in volleyball game in

Washington Park. (Second Permitting Rule, Ex. 4.1.)

31. Defendants, however, did not have the authority to regulate unorganized, casual,

drop-in volleyball through the Permitting Rule of Second Permitting Rule because Defendants

never went through the notice and hearing process required for the passage or amendment of the

rules and regulations.

32. Thus, Ms. Dannemiller and Denver Parks abused their discretion and exceeded

their jurisdiction and there is no plain, speedy and adequate remedy otherwise provided by law.

33. Ms. Dannemiller and Denver Parks have also exercised judicial or quasi-judicial

functions for all times relevant to the complaint.

CAUSES OF ACTION

(C.R.C.P. 106)

(Declaratory Judgment)

(Injunctive Relief)

34. Plaintiff hereby incorporates the above paragraphs by this reference as if each

paragraph was set forth herein in its entirety.

35. The Defendants exceeded their jurisdiction and abused their discretion is enacting

the Permitting Rule and issuing the Citation and issuing the Second Permitting Rule.

Defendants’ actions were arbitrary and capricious, a denial of a statutory right, contrary to a

constitutional rights to due process and equal protection, power, privilege, or immunity, in

excess of statutory jurisdiction, authority, purposes, or limitations, and not in accord with the

procedural limitations contained in the Denver Municipal Code. This amounts to an abuse and

clearly unwarranted exercise of discretion.

36. Defendants violated the provisions of the Denver Municipal Code and Denver

Parks Use Regulation and the equal protection and due process clauses of the U.S. and Colorado

Constitutions.

37. Plaintiffs request a declaratory judgment pursuant to §§ 13-51-101 et. seq. and

C.R.C.P. 57 that Lauri Dannemiller and Denver Parks and Recreation illegally changed the

Denver Municipal Code and Denver Parks Use Regulations without complying with the notice

and hearing requirements contained in the those regulations.

38. Thus, the Permitting Rule is unconstitutional and violates due process and equal

protection. In addition, Defendants actions in issuing the Permitting Rule and Second

Permitting Rule are beyond Denver Parks’ statutory jurisdiction and authority.

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39. Through the issuance of the Permitting Rule, the Citation, and the Second

Permitting Rule, Lauri Dannemiller and Denver Parks have caused Damian Stone irreparable

injury by barring him from engaging in casual drop-in sporting activities at Washington Park and

threatening him with criminal prosecution if he plays drop-in volleyball in a public park.

40. There is no certain pecuniary standard for the measurement of the damage to

Mr. Stone. Thus, Mr. Stone will never be adequately compensated for the injuries that he has

sustained due to Lauri Dannemiller’s and Denver Parks’ illegal actions.

41. The continuing violation of Mr. Stone’s statutory and constitutional rights amount

to irreparable harms, which a monetary award cannot compensate or quantify. Absent the

intervention by the courts, there is no legal remedy that provides speedy, complete, and adequate

relief to Mr. Stone.

42. All necessary parties under C.R.C.P. 57(j) are before the Court.

43. Plaintiff prays for declaratory relief from the Court that states the rights and

liabilities of the Parties for the issues outlined in the prior Paragraphs. Plaintiffs seek a

declaration that (1) Lauri Dannemiller’s and Denver Parks’ issuance of the Permitting Rule and

Second Permitting Rule were unlawful and beyond the statutory and constitutional authority of

Denver Parks and Lauri Dannemiller; (2) that the unlawful Citation is quashed and invalidated;

(3) that Defendants abused their discretion and authority; and (4) Denver Parks is enjoined from

enforcing the Permitting Rule or Second Permitting Rule.

DAMAGES

44. Plaintiff hereby incorporates the above paragraphs by this reference as if each

paragraph was set forth herein in its entirety.

45. Plaintiff has suffered nominal, actual, general, special, liquidated, unliquidated,

incidental and consequential damages as the direct and proximate result of the acts and omissions

of the Defendants, which damages shall be fully proven at the time of trial, including, but not

limited pre- and post-judgment interest.

46. Plaintiff is entitled to attorney fees and costs.

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DATED: June 12, 2014.

Plaintiff

S/ Damian Stone

Damian S. Stone, Reg. No. 34587

3570 E. 12th Avenue, Suite 200

Denver, Colorado 80206

Telephone: (720) 684-4371

Attorney for Plaintiff

Filed electronically. See C.R.C.P. 121 §1-26. Original in file.

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EXHIBIT 1

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EXHIBIT 2

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Exhibit 3

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Exhibit 4

Denver Parks and Recreation

Emergency Rule: Active Recreation Restrictions and Permit Requirements for Washington Park

Number: 2014-1 Divlslonl Section: Manaaer's Office

Approved by Division Head: Bob Finch Approved by Manager: Lauri Dannemiller

Background:

Effective: May 1, 2014 Expires: October 29, 2014

Application: All staff

The Parks Manager has the authority to restrict or prohibit certain uses or activities within a park or parts of a park through a written directive signed by the Manager. Once it is executed a directive can be enforced by section 39-4, DRMC, regarding restrictions or prohibitions on certain uses and activities imposed by the Manager. Under section 39-2(g), DRMC, such "emergency" rules are only good for 180 days. If the Parks Manager desires to make the regulation permanent, then the rulemaking process set forth in section 39-2, DRMC, will be followed, and a rule or rules adopting the .restrictions or prohibitions put into place. The new rule or rules could be enforced under section 39-4, DRMC, or such other ordinance adopted in Article I of Chapter 39 to enforce the new rule or rules.

Emergency Rule: 1. Purpose: The purpose of this Emergency Rule is the protection and management of public health and safety and to assure fuir and equitable use of Washington Park by all patrons. High levels ofactive recreational use of Washington Park, particularly on weekends and holidays, hav\l resulted in conflicts and misconducWn-Washington_ Park. This regulation is necessary to reduce, if not eliminate, these conflicts and misconduct and to allow consistent enforcement by rangers and police.

2. Rules: The following rules shall be af plicable within Washington Park on Saturdays, Sundays, and City­recognized holidays (Memorial Day, 4' of July, and Labor Day) between Saturday, May 2411

' and Monday, September J", 2014, inclusive, during the hours of 10:00 a.m. to 7:00 p.m.:

It shall be unlmeful for any person to arrange or conduct a Team Sport Activity, involving more than three (3) persons, without applying for and obtaining a permit ("Permit") and paying the required deposit. "Team Sport Activity" shall mean the same as de.fined in Section 14.1 of the Park Use Rules and Regulations and shall include football, rugby, soccer, softball, baseball, ultimate Frisbee, volleyball or similar team sports, but shall not include basketball and tennis for which there are established facilities for such activities at Washington Park.

It shall be unlawfal for any person to arrange, conduct 01· set up volleyball nets and equipment except in the area designated for volleyball play on the Permit.

It shall be unlawful for any person to arrange, conduct or set up equipment for any Team Sport Activity, involving more than three (3) persons, (except for volleyball which is restricted to the area specified above and basketball and tennis for which there are established facilities) except in the area designated for multi-use play on the.Permit.

It shall be unlawful for any person to fail to comply with the requirements or restrictions set forth in a Permit or any requirements or restrictions set forth on any signs posted by the Denver Department of Parks and Recreation. This shall include failure to cease play and to vacate the area when the allotted time on the Permit has been exceeded and the Parks staff person in charge of permitting, a Park Ranger or the Denver Police direct that play be ceased and the area vacated. This shall also include failure to cease play and to vacate the area when another Permit holder is entitled to use the area.

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3. Authority: DRMC Section 39-2 (g) Emergency Adoption of Rules The Parks Manager may adopt emergency rules without following the notice and hearing requirements of section 39-2, DRMC, if such action is necessary to comply with state, local or federal law or if it is deemed necessary by the adopting authority to protect immediately the public health, safety or welfare. By the execution of this directive, the Parks Manager finds and determines that the safety of the public and the preservation of the Parks facilities identified above in paragraph 2 require the emergency adoption of this rule. The complete text of the rules set forth in paragraph 2 above will be filed with the Denver city clerk and a notice of adoption will be published. The rules set forth in paragraph 2 above shall take effect on the date of adoption as set out below. However, the rules shall expire one hundred eighty (180) days after the date of adoption or upon the Parks Manager rescinding or modifying these rules.

4. Enforcement under DRMC Section 39-4: It shall be unlawful for any person, other than authorized personnel, to engage in any use of or activities in any area or part of any park, parkway, mountain park or other recreational facility in violation of any directive issued by the manager restricting or prohibiting such use or activities. This regulation can be enforced by the Denver Police Department, Park Rangers, and other authorized personnel.

It is so determined and directed that the Rules set forth above shall be immediately effective as directed herein this 23rd day of May, 2014.

APPROVED AS TO FORM:

D. Scott Martinez, Attorney For the City and County of Denver

~:4.WdP;n· Assistant City Attorney

DEPARTMENT OF PARKS AND RECREATION CITY AND COUNTY OF DENVER

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EXHIBT 4.1

Ii~ DENVER • PARKS & RECREATION

Denver Parks and Recreation

Emergency Rule: Active Recreation Restrictions and Permit Requirements for Washington Park

Number: 2014-1 (Revised) Division/ Section: Manager's Office

Approved by Division Head: Bob Finch Approved by Manager: Lauri Dannemiller

Background:

Effective: May 29, 2014 Expires: October 29, 2014

Application: All staff

The Parks Manager has the authority to restrict or prohibit certain uses or activities within a park or parts of a park through a written directive signed by the Manager. Once it is executed a directive can be enforced by section 39-4, DRMC, regarding restrictions or prohibitions on certain uses and activities imposed by the Manager. Under section 39-2(g), DRMC, such "emergency" rules are only good for 180 days. If the Parks Manager desires to make the regulation permanent, then the rulemaking process set forth in section 39-2, DRMC, will be followed, and a rule or rules adopting the restrictions or prohibitions put into place. The new rule or rules could be enforced under section 39-4, DRMC, or such other ordinance adopted in Article I of Chapter 39 to enforce the new rule or rules.

Emergency Rule: 1. Purpose: The purpose of this Emergency Rule is the protection and management of public health and safety, as well as public park land, and to assure fair and equitable use of Washington Park by all patrons. High levels of active recreational use of Washington Park, particularly on weekends and holidays, have resulted in conflicts and misconduct in Washington Park. It also causes significant wear and tear on portions of the turf inside the park. This regulation is necessary to reduce, if not eliminate, these conflicts and misconduct and to allow consistent enforcement by rangers and police.

2. Rules: The following rules shall be applicable within Washington Park on Saturdays, Sundays, and City­recognized holidays (Memorial Day, 41

" of July, and Labor Day) between Saturday, May 24'" and Monday , September r1

, 2014, inclusive, during the hours of 10:00 a.m. to 7:00 p.m.:

It shall be unlawful for any person to arrange or conduct volleyball play or set up volleyball nets and equipment without applyingfor and obtaining a drop-in permit ( "Permit"). No more than.fifty (50) permits will be issued and may be restricted by the person in charge of the Permit Station in Washington Park. Signs provided at the Permit Station must be posted at the site where the Permit will be exercised for volleyball play, and a copy of the Permit must be readily available for review by Enforcement Authorities (as defined below) at the site. The volleyball nets and equipment must be removed and the Permit and the sign must be returned to the Permit Station at the conclusion of play; if nets and equipment are not removed & permit and sign not returned, permitee may forfeit future permitting eligibility.

Only one permit shall be issued per individual.

Volleyball nets associated with a valid permit must be attended by the permittee at all times. Unattended nets may be removed by Enforcement Authorities (as defined below) and the permit may be forfeited.

It shall be unlawful for any person to engage in volleyball play in "no play" areas designated on the Permit. Permittees are advised to check the Permits to verifY the areas in which volleyball play is not allowed, as these areas may change daily.

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It shall be unlawful for any person to arrange or conduct a Team Sport Activity, as defined below, in an area where such Team Sport Activity will interfere or conflict with volleyball play for which a Permit was obtained and a sign posted. For the purposes of this Emergency Rule, "Team Sport Activity" shall mean football, rugby, soccer, softball, baseball, ultimate Frisbee, or similar team sports, but shall not include basketball and tennis for which there are established facilities for such activities at Washington Park.

It shall be unlawful for any person to wear cleats in the park for any purpose.

It shall be unlawful for any person to fail to comply with the requirements or restrictions set forth in a Permit or any requirements or restrictions set forth on any signs posted by the Denver Department of Parks and Recreation. This shall include, but not be limited to, failure or refasal to cease play and to vacate the area when requirements of this permit are violated and Enforcement Authorities direct that play be ceased and the area vacated.

"Enforcement authorities" include the Parks staff person in charge of drop-in permitting, a Park Ranger or the Denver Police.

3. Authority: DRMC Section 39-2 (g) Emergency Adoption of Rules The Parks Manager may adopt emergency rules without following the notice and hearing requirements of section 39-2, DRMC, if such action is necessary to comply with state, local or federal law or if it is deemed necessary by the adopting authority to protect immediately the public health, safety or welfare. By the execution of this directive, the Parks Manager finds and determines that the safety of the public and the preservation of the Parks facilities identified above in paragraph 2 require the emergency adoption of this rule. The complete text of the rules set forth in paragraph 2 above will be filed with the Denver city clerk and a notice of adoption will be published. The rules set forth in paragraph 2 above shall take effect on the date of adoption as set out below. However, the rules shall expire one hundred eighty (180) days after the date of adoption or upon the Parks Manager rescinding or modifying these rules.

4. Enforcement under DRMC Section 39-4: It shall be unlawful for any person, other than authorized personnel, to engage in any use of or activities in any area or part of any park, parkway, mountain park or other recreational facility in violation of any directive issued by the manager restricting or prohibiting such use or activities. This regulation can be enforced by the Denver Police Department, Park Rangers, and other authorized personnel.

It is so determined and directed that the Rules set forth above shall be immediately effective as directed herein this 29th day of May, 2014.

APPROVED AS TO FORM:

ez, Attorney County of Denver

DEPARTMENT OF PARKS AND RECREATION CITY AND COUNTY OF DENVER

Lauri Dannemiller, Manager

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Any permits issued by the department of parks and recreation;

(5)

Any terms, conditions, rights and obligations set forth in any concession license, lease, cooperative agreement, user agreement, or other lawful contract entered between the city and county of Denver and a third party for the use of parks, parkway medians, mountain parks and other recreational facilities; and

(6)

Any exceptions authorized by the manager.

(Ord. No. 446-12, § 1, 9-10-12)

Cross reference-- Rules and regulations generally, § 2-91 et seq.

Sec. 39-2. Adoption of rules.

(a)

Any proposed rules and any amendments to the rules shall be referred to the board of parks and recreation by the manager. The board of parks and recreation shall consider the proposed rules or amendments to the rules and make recommendations to the manager within forty-five (45) days of the board's receipt of the proposed rules or amendments to the rules.

(b)

The manager shall cause to be published a notice of proposed rule-making at least twenty (20) days before conducting public hearings on the proposed rules or amendments to the rules. The notice shall include the following information:

(1)

The date, time, place, and subject of the public rule-making hearing;

(2)

The requirements, if any, for interested parties to notify the manager of their intent to participate in the hearing, including the manner of such notice and the deadline for such notice; and

(3)

A statement that the complete text of the proposed rules or amendments is on file with and may be examined at the office of the manager.

EXHIBIT 5

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(c)

The manager may make changes in the text of the proposed rule or proposed amendment prior to, during, or as a result of the hearing.

(d)

Any person who wishes to comment on proposed rules may do so in writing delivered to the manager prior to the date of the hearing or in person at the hearing, subject to any requirements for participation set out in the notice of hearing. If minutes are not prepared, the manager shall preserve the proceedings at the hearing on audio magnetic tape or similar audio-recording media so that the proceedings may be transcribed at a later date at the expense of the one requesting a transcript of the hearing.

(e)

The rules shall become effective upon dating and signing of the rules by the manager and the approval of the rules for legality by the city attorney. Within seven (7) business days after adoption of the rules, the manager shall file a copy of the rules as finally adopted with the clerk and recorder and the city attorney and shall cause to be published a notice of their adoption in an official publication of the city. The notice shall also include a statement that the rules are on file with the manager and available for public inspection and copying.

(f)

Any judicial or quasi-judicial action to contest the validity of the procedure in adopting the park rules may not commence more than one hundred twenty (120) days after the adoption of the rule.

(g)

The manager may adopt emergency rules without following the notice and hearing requirements ofthis section if such action is necessary to comply with state, local or federal law or if it is deemed necessary by the adopting authority to protect immediately the public health, safety or welfare. After adoption of emergency rules, the complete text of rules so adopted shall be filed with the city clerk and a notice of adoption shall be published. Rules adopted in such cases shall take effect on the date of adoption. However, such rules shall not continue in effect for more than one hundred eighty (180) days after the date of their adoption.

(Ord. No. 446-12, § 1, 9-10-12)

·'§:; Sec. 39-3. Curfews and closures.$

(a)

It shall be unlawful for any person, other thau authorized personnel, to go upon or remain in any park, or other recreational facility within the boundaries of the city between the hours of 11 :00

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(b)

It shall be unlawful for any person to harass or deliberately disturb any wildlife in any park, parkway, mountain park or other recreational facility.

(c)

It shall be unlawful for any person, other than authorized personnel, to feed wildlife in any park, parkway, mountain park or other recreational facility.

(d)

It shall be unlawful for any person to fail or refuse to remove and properly dispose of solid animal waste of pets or other animals brought by said person into any park, parkway, mountain park or other recreational facility.

(e)

It shall be unlawful for any person to allow any animal to be loose, unleashed, left unattended, or inadequately or inappropriately controlled in any park, parkway, mountain park or other recreational facility.

(f)

It shall be unlawful for any person to allow any animal owned or under the control of said person to enter into waters or water facilities of any park, mountain park or other recreational facility.

(g)

It shall be unlawful for any person, other than authorized personnel, to allow any livestock to pasture, graze or run at large within any park, mountain park or other recreational facility.

(h)

It shall be unlawful for any person, other than authorized personnel, to engage in horseback riding or other uses of horses or pack animals in parks, parkways, mountain parks or other recreational facility.

(Ord. No. 446-12, § 1, 9-10-12)

Cross reference--- Animals and fowl generally, Ch. 8.

Sec. 39-16. Sports activities; flying objects; sledding devices and ice skating.<!'/

(a)

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It shall be unlawful for any person to engage in team sport activities, other than casual or spontaneous (pick-up) games, within any part of a park, mountain park, and other recreational facility which lies outside of sports or recreational facilities designated for such team sport activities.

(b)

It shall be unlawful for any person to refuse to leave any sports or recreational facility within a park, mountain park, or other recreational facility when said facility has been reserved or permitted by the department of parks and recreation.

(c)

It shall be unlawful for any person to throw, strike, propel, launch or otherwise operate flying or propelled objects of a potentially dangerous nature in a manner that is dangerous or hazardous to that person or the public or within any part of a park, parkway, mountain park or recreational facility which lies outside of areas designated for throwing, striking, propelling, launching or otherwise operating specified flying or propelled objects.

(d)

It shall be unlawful for any person to operate or use a model boat within any part of the waters of any park, parkway, mountain park or recreational facility which lies outside of areas designated for such model boating.

(e)

It shall be unlawful for any person to fail or refuse to comply with any sign or notice restricting or prohibiting the operation of or riding upon a sled, tube or other sledding device in any park, parkway, mountain park or other recreational facility or to operate or ride such a sled, tube or other sledding device in a manner that is dangerous or hazardous to that person or the public.

(f)

It shall be unlawful for any person to ice skate or walk on a frozen lake or pond in a park, parkway, mountain park or other recreational facility which are not designated for ice skating or other activities requiring walking on a frozen lake or pond.

(Ord. No. 446-12, § 1, 9-10-12)

Sec. 39-17. Bottles, littering and dumping.<'.&~;

(a)

It shall be unlawful for any person to bring or possess any glass bottle or glass container in any park, parkway, mountain park or other recreational facility.

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-DENVER DEPARTMENT OF PARKS AND RECREATION

PARK USE RULES AND REGULATIONS AS ADOPTED 5-11-12

Livestock and who employs or uses the services of another person who violates this 13.7 is responsible for any violation hereof, along with person who actually brings the Livestock on or in a Park Facility.

13. JO Horseback Riding: Horseback riding,' including the riding of mules and donkeys, or other uses of horses, mules, donkeys, llamas or alpacas (such as for transporting goods or drafting caniages or wagons) is not allowed in a Park Facility. Exceptions to this mle:

13.10.1 Horseback riding is allowed in areas designated for horseback riding, subject to compliance with such rules and regulations that may be posted in or near the designated area.

13. l 0.2 Events or specific activities for which a permit has been issued or a contract with the City has been entered authorizing horseback riding or other uses of horses, mules, donkeys, llamas or alpacas in a specific location, so long as there is compliance with the terms, conditions and restrictions of the permit or contract.

14.0 Sports Activities. Flying Objects. Model Boats, Sledding Devices, ice skating and walking on frozen lakes or ponds. (39-16) The regulation and control of sports activities, flying objects, model boats, sledding devices, ice skating and walking on frozen Jakes or ponds, as speCified herein, is important to the safe and harmonious public use of Park Facilities.

14.1 Team Sport Activities: Team Sport Activities, as defined below, should be conducted on or in facilities intended or designated for such activities ("TSA Facilities"). In order to avoid conflicts with other Park Facility users or potential injuries or property damage, Team Sport Activities are not allowed in Park Facilities outside ofTSA Facilities. This restriction applies only to those Team Sport Activities scheduled by a person or persons, other than DPR, for organized teams or established groups, and not to casual or spontaneous (pick-up) games. Those sports which are regarded as a "Team Sport Activity" are football, rugby, soccer, softball, baseball, ultimate Frisbee, basketball, volleyball, or similar team sports; and "TSA Facilities" are athletic or playing fields, ball parks, ultimate Frisbee courses, basketball or volleyball courts, or similar team sports facilities in Park Facilities.

14.2 Reserved Use of Sports Facilities: Many Sports Facilities, as defined below, are subject to being reserved at particular times for sporting events or programs a) by permits issued to individuals, groups or organizations, b) by assignment to league or organized sports groups, c) for contracted use by Denver Public Schools or other schools, or d) for DPR sports and recreational programs ("Reserved Use"). All members of the public utilizing or occupying, in part or whole, a Sports Facility during the time of a scheduled Reserved Use must promptly leave and vacate the Sports Facility upon being informed of the Reserved Use. "Sports Facilities" subject to this restriction are athletic or playing fields, ball parks, golf courses, skate parks, ultimate Frisbee courses, basketball courts, volleyball courts, tennis courts, and other ball courts, and similar sports or recreational facilities located in Park Facilities.

14.3 Flying Objects: The tlrrowing, striking, propelling, launching or otherwise operating flying or propelled object of a potentially dangerous nature, such as a hang glider, sky diving, sky sail, model airplane or helicopter, model rocket, golf ball, rock, and similar flying or propelled item ("Flying Object") is not allowed in a Park Facility. A Flying Object does not include a non-motorized model airplane under a half pound in weight, a Frisbee or a kite. Objects propelled by Weapons identified in 7 .2 above are subject to tl1e restrictions set forth in 7 .2. Fireworks identified in 6.3 are prohibited in Park Facilities. Exceptions to this mle:

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EXHIBIT 7

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No officer, employee, agent or agency, board or commission or member thereof of the city shall have power or authority to adopt any rules or regulations save and except by and under the authority of the Charter or ordinances of the city.

(Ord. No. 557-93, § 1, 7-19-93)

(;:;,.

Sec. 2-93. Publication. r All notices and other matters required to be published under this article shall be published in an official publication of the city. Notices of proposed rule making may also be compiled and published monthly in book, pamphlet or loose leaf form by either the city clerk or by a publisher selected by the city clerk. Only the notice published in an official publication of the City, and the rule itself as finally adopted and as filed with the city clerk, shall be considered in judicial or administrative review of rules or rule making under this article.

(Ord. No. 557-93, § 1, 7-19-93; Ord. No. 279-03, § 1, 4-21-03)

Sec. 2-94. Notification and public hearing.

(1)

If the city clerk establishes or selects a publication for compiling and publishing notices of proposed rule-making as described in section 2-93, adopting authorities shall submit notices of proposed rule-making to the city clerk who may cause them to be published in such publication according to a schedule established by the city clerk that allows at least twenty (20) days between the publication of the notice and the date of the hearing. Whether or not the city clerk establishes or selects such a publication, adopting authorities shall cause to be published a notice of proposed rule-making at least twenty (20) days before conducting public hearings on the proposed rules. Adopting authorities shall also file a copy of such notice and the complete text of the proposed rule with the city clerk on or before the date of publication.

(2)

The notice shall include the following information:

(a)

The date, time, place, purpose and subject of the public rule-making hearing;

(b)

A description of the subject of the proposed rules;

(c)

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The requirements, if any, for interested parties to notify the adopting authority of their intent to participate in the hearing, including the manner of such notice and the deadline for such notice;

(d)

The authority under which the rule is proposed; and

(e)

A statement that the complete text of the proposed rule is on file with and may be examined at the office of the city clerk.

(3)

The adopting authority may revise the text of the proposed rule on file with the city clerk as necessary in the judgment of the adopting authority by filing the revised portions of the text with the city clerk at least three (3) days before the date of the hearing. Changes in the text of the proposed rule may be made during or as a result of the hearing in the discretion of the adopting authority without further notice or hearing. The adopting authority may reschedule the rule­making hearing by publishing a notice of rescheduling at least twenty (20) days before the rescheduled hearing, setting out the date, time and place of such rescheduled hearing, the purpose of the proposed rules, and citing the prior notice by its date of publication. Once a hearing has begun, it may be continued by the adopting authority without further publication or notice.

(4)

Any person who wishes to comment on proposed rules may do so in writing delivered to the adopting authority prior to the date of the hearing or in person at the hearing, subject to any requirements for participation set out in the notice of hearing. Minutes may be prepared by the adopting authority to memorialize oral comments or presentations at the hearing as part of the rule-making record. If minutes are not prepared, the adopting authority shall preserve the proceedings at the hearing on audio magnetic tape or similar audio-recording media so that the proceedings may be transcribed at a later date at the expense of the one requesting a transcript of the hearing.

(5)

Each adopting authority shall maintain a list of the names and mailing addresses of parties who request to be notified when the adopting authority proposes to adopt rules, relying solely on such request for names of interested parties. All parties on such a list shall be sent, at the expense of the city at the last address furnished (unless the name and address have been deleted at the party's request), the notice described in subsection (1) of this section by first class mail on or before the date of publication of notice of rule-making.

(6)

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At the time and place stated in the published notice, the adopting authority shall conduct a public hearing to allow interested parties the opportunity to participate. The adopting authority may set reasonable time limits on participation.

(Ord. No. 557-93, § 1, 7-19-93)

,<h· Sec. 2-95. Required rule-making.:~··

When an ordinance requires an adopting authority to adopt rules and regulations, the adopting authority must initiate rule-making by publishing the notice required in section 2-94 within sixty (60) days after the effective date of the ordinance requiring the rules.

(Ord. No. 557-93, § 1, 7-19-93)

Sec. 2-96. Adoption of final rules.#'>

(1)

Final adoption of rules shall be effected by the dating and signing of the rules by the adopting authority and approval for legality by the city attorney. In making the judgment to adopt rules, the adopting authority shall consider the rule-making record and the need for such regulations. Final rules shall be within the adopting authority's rule-making authority and consistent with the rule-making notice published pursuant to section 2-94(1 ). Within seven (7) business days after adoption of the rules, the adopting authority shall file a copy of the rules as finally adopted with the city clerk and shall cause to be published a notice of their adoption in an official publication of the city. The notice shall include a statement that the rules are on file with the city clerk and available for public inspection and copying. The rules shall become effective upon the signature of the adopting authority or at such later date as stated in the notice.

(2)

To be enforceable, rules must be adopted within one hundred eighty (180) days from initial publication of the notice required under section 2-94(1 ). If rules do not become effective, the adopting authority may begin rule-making again.

(3)

Each adopting authority shall maintain a record of rule-making for each rule adopted. The record shall include, but not be limited to, the following: the notice of proposed rule-making, either the minutes of the public hearing or the recording of the proceedings at the public hearing, the rule as proposed and finally adopted, and documents submitted during or prior to the hearing relating to the rule.

(Ord. No. 557-93, § 1, 7-19-93; Ord. No. 279-03, § 1, 4-21-03)

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