Chapter 41. Recreation and Recreation Facilities - Regulations

A. Authority. In accordance with the authority conferred under Chapter 41, Section 41-4, of the Montgomery County Code, 2004, as amended (hereinafter referred to as the “Code), the County Executive hereby promulgates this regulation to implement County law governing citizen participation in the County’s comprehensive public recreation program.

B. Applicability. This regulation applies to all recreation programs created under Section 41-1 of the Code.

For purposes of this regulation, the following words and phrases have the following meanings unless the context clearly indicates otherwise:

Department - Montgomery County Department of Recreation.

Director - The Director of the Montgomery County Department of Recreation or the Director’s designee.

Disruptive behavior - means behavior that a reasonable person would find disrupts the normal functions being carried on in a recreation facility.

Program manager - means a person designated by the Director to oversee a recreation program.

Recreation facility - Any building, grounds, or transit vehicle owned, leased, or used by the County in connection with any recreation program.

Recreation program - Any activity organized for general public participation and operated by the Department as a component of the public recreational program authorized under Section 41-1 of the Code.

Weapon - Any instrument that a person can use to cause physical injury to another person. Weapons include, but are not limited to, knives, metal knuckles, and firearms as defined in the federal Gun Control Act of 1868 (18 U.S.C., § 921(a)).

A. While participating in a recreation program, a person must not:

1. engage in disruptive behavior;

2. carry a weapon into a recreation facility, except as otherwise provided by law; or

3. engage in any conduct that is specifically prohibited by a notice conspicuously posted at a recreation facility.

B. A person must not refuse, after engaging in conduct prohibited under subsection (A), to accurately identify himself or herself when asked to do so by a staff person assigned to the recreation facility.

A. If a person engages in conduct prohibited by 41.00.01.03A, a program manager may issue a written order to the person that:

1. suspends the recipient’s participation in the applicable recreation program for a period not exceeding 90 days;

2. requires the recipient to receive prior written permission from the program manager before returning as a participant in the recreation program; or

3. imposes any other reasonable condition intended to assure that the normal activities of a recreation program are not unreasonably disrupted.

B. An order issued under subsection (A) must notify the recipient that he or she may meet with the Director to discuss any reasons why the recipient’s participation in the applicable recreation program should not be suspended. The notice must specify the proposed place, date, and time of the meeting. The meeting must initially be scheduled to be held within five business days after the order is delivered to the recipient. At the request of the recipient, the Director may reschedule the meeting at a later date. If a meeting is held, the Director may affirm, modify, suspend, or rescind the order.

C. An order issued under subsection (A) alone does not prohibit the recipient from attending or participating in other programs at the recreation facility where the disruptive behavior occurred while the order remains in effect. However, a staff person in charge of the recreation facility may issue an order that denies the recipient access to that facility under Section 32-19C of the County Code in addition to issuing an order under subsection (A).

D. A person must not violate an order issued under subsections (A) or (C).

E. A person whose participation in a recreation program has been suspended under subsection (A) may request and receive a prorated refund for any unused portion of the fees that the person has paid to participate in the program.

If a court holds that a portion of this regulation is invalid, the other portions remain in effect.

This regulation takes effect 30 days after approval by the County Council.

1.1 COMMUNITY BASED PROGRAMS AND SERVICES means programs and services reduced in price and utilize tax or other funding support to recover a proportion of costs. These Programs and services are openly available to all residents on an equal basis. Qualification for this category may be one or more of the following:

• Programs/services are not routinely provided by the private sector.

• Programs/services primary benefit is to the entire community, or a large portion thereof.

• Programs/services that imposing the full cost recovery would pose a hardship on specific service users.

• Program/services that indirectly provide some significant benefit to the community.

1.2 COMPARABLE FEES means the charges that are being levied by other public or private providers of similar services within the County, nearby jurisdictions, or similar communities.

1.3 COUNCIL/EXECUTIVE INITIATIVES are programs or services that have been assigned by the County Council or the County Executive.

1.4 DEPARTMENT means the Department of Recreation.

1.5 DIRECTOR means the Director of the Department of Recreation or the Director’s designee.

1.6 FACILITY means any space used for a program or service that has a direct operating cost.

1.7 FINANCIAL ASSISTANCE means a fee reduction or waiver provided to an individual or group for whom the full fee would be a barrier to participation.

1.8 MARKET means the economic climate which managers consider when comparing themselves to others providing similar services. A market price is the prevailing value at which services are provided.

1.9 OPERATING COSTS means the expenditure the Department makes to provide a program or service.

1.10 PARTNERSHIP means programs, services, or facilities jointly sponsored by the Department and one or more profit or non-profit corporate entities. A Contract or approved MOU must exist.

1.11 RENTAL means payment made for the exclusive use of a facility or space there-in. Rental fees may be charged for specialized use depending on the activity’s impact on the facility.

1.12 SPECIALIZED PROGRAMS AND SERVICES means programs and services made available by the County whose primary benefits accrue directly to the individual or group with only nominal public benefit. Qualification for this category must be one or more of the following:

• Programs/services that have substantial limitation on space and time.

• Individuals or a group generate the need for the Program/Service.

• Programs/services that require contractor services, and/or leadership, and/or instruction.

• Programs/services that use consumable materials.

• Programs/services that take place in facilities with high capital, operating, or maintenance costs.

• Programs/services that require special preparation and/or conclusion.

• Programs/services that have fees imposed by others.

1.13 STAFF COSTS means the salary and fringe benefit expenses associated with all temporary staff, career personnel, and contractors who are directly responsible for the planning and provision of programs or services.

1.15 SURCHARGE means an additional fee charged to those who do not reside in the County or the Recreation Tax District, and any extended services charges, and any other costs outside of the fee categories.

2.1 The mission of Department of Recreation is to emphasize Teamwork, Objectivity, Growth, Imagination, Value, and Excellence in providing recreation and leisure services and facilities in everything the Department does for all communities. The acronym “TO GIVE” represents the Department’s commitment to achieving this mission.

2.2 To fulfill the mission, the Department offers widely diversified recreation programs and services, striving for maximum citizen participation in the context of a sound fiscal program. Consumer demands for recreation and leisure services are greater than the availability of tax funds to support them; therefore it becomes an economic necessity to charge fees in order to supplement the recreation tax. These fees and charges provide the flexibility to offer services beyond what could be offered based on tax revenues only. Most fees and charges should be adjusted so that their per unit revenues will keep up with inflation.

2.3 Pricing for programs/services are to be established on sound cost based and market criteria and integrated into a total revenue process that also includes the Recreation District Tax, the General Fund, investment income, grants and other sources.

2.4 This regulation is built upon several propositions that together form the philosophical base for an appropriate balance of user fees, tax revenues, and partnerships. These include:

2.4.1 Tax support should be primarily directed toward debt services, special needs, and community based programs.

2.4.2 User fees should be the primary source of revenue for specialized programs, services, and rentals.

2.4.3 User fees and tax support may be used for partnership programs/services.

2.4.4 The cost of constructing facilities should be covered by the Recreation Fund, General Fund, partnerships, grants, state funds, and other outside resources, as they become available.

2.5 The Director of Recreation is authorized to establish programs, services, and facility fees based on a combination of costs, comparable fees, and market factors.

2.6 Anytime a new program is established in the Recreation Department or an existing program undergoes a major revision, the Director will decide the price recovery category and the specific program price.

3.1 There are five pricing categories. All Recreation Department programs are assigned by the Director to one of these pricing categories.

PRICE RECOVERY CATEGORIES | MINIMUM STAFF COSTS TO RECOVER | MINIMUM OPERATING COSTS TO RECOVER | MINIMUM SUPPORT STAFF COSTS TO RECOVER Community Based Programs and Services | 25% | 50% | none Specialized Programs and Services | 100% | 100% | 50% Partnerships | 50% | 50% | 50% Rentals | 100% | 100% | 100% Council/Executive Initiatives | 0 — 50% | 0 — 50% | 0 — 50%

4.1 The Department recognizes there are families and individuals who do not have the financial ability to pay all or some portion of the fees associated with Recreation programs or facilities. The Director is authorized to waive or reduce fees to respond to situations of financial need.

5.1 Recreation District taxes subsidize a portion of Recreation programs and the operation of Recreation facilities. Individuals residing outside of the Recreation Tax District are assessed a surcharge to participate in fee based programs or facilities. Factors that may influence the surcharge include: market factors, overall revenue implications, cost retrieval, partnerships and grants.

5.2 Extended service charges may be applied to cover additional staff and operating costs incurred for participation beyond the initial program and/or service’s intent.

5.3 When there is a surcharge, it should be advertised. It will not always be practical or efficient to check addresses or identification of participants to enforce the surcharge. The “honor” system may be used in such cases.

6.1 The Department will advertise its programs and fees in the Montgomery County Recreation Guide, in flyers, brochures, on the Internet, and through other media. A copy of all current program fees authorized by the Director will be maintained and available in Recreation Department Administrative Offices.

6.2 The Department will seek input regarding pricing levels from a sampling of program participants and facility users. This information will assist in determining market factors.

6.3 The Department will also seek input from the Countywide Recreation Advisory Board regarding pricing. This Board is appointed by the County Executive to represent citizen interests on matters related to recreation and leisure services. The Countywide Recreation Advisory Board will hold a public forum at least once each fiscal year to hear citizens thoughts, viewpoints and concerns about Recreation Department prices and provide advice and recommendations based on this forum to the Director, the County Executive and the County Council.

7.1 This regulation becomes effective immediately after approval by the County Council or 60 days after the Council receives the Regulation if the Council takes no action within 60 days after receipt.

This regulation establishes a Senior Adult Program Activity Card, annual fee of $12. Senior adults are defined by the Recreation Department as persons 55 and older. This fee is for the exclusive use by this age group of certain spaces in senior centers and community recreation centers and for participation in fee-based programs and activities offered by the Senior Adult Program Section of the Recreation Department.

The regulation also establishes an additional fee for those wishing to participate in senior adult programs but not purchase a card. That additional fee will be calculated based on the original program fee according to the following schedule:

Activity Fee Add

$ 1.00 - $10 + $ 2

$10.01 - $15 + $ 3

$15.01 - $20 + $ 4

$20.01 - $25 + $ 5

$25.01 - $30 + $ 6

$30.01 - $35 + $ 7

$35.01 - $40 + $ 8

$40.01 - $45 + $ 9

$45.01 - $50 + $10

$50.01 - $55 + $11

$55.01 - $60 + $12

$60.01 - $65 + $13

$65.01 - $70 + $14

$70.01 - $75 + $15

$75.01 and over add 20% to nearest dollar

This regulation takes effect 30 days after approval by the County Council or 90 days after receipt by the Council if no action is taken.

Under the Montgomery County Code, 1984, Section 41-4, the Department of Recreation is authorized to establish and charge fees to offset costs for its programs and services. The attached schedule is adopted as the fees for recreation programs and activities.

This regulation takes effect thirty days after approval by the County Council or ninety days after receipt by the County Council if no action is taken.

Commercial Campground $5.00 each campsite

No total fee for any one campground will be more than $500.00.

This regulation takes effect on July 1, 1995.