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<section heading="Sec. 41-10 Fees - Regulations">
  <regulation heading="COMCOR 41.10.01 Department of Recreation Fee Procedure">
    <subsection heading="41.10.01.01 Definitions">
      <paragraph indent="0">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:</paragraph>
      <paragraph indent="1">•   Programs/services are not routinely provided by the private sector.</paragraph>
      <paragraph indent="1">•   Programs/services primary benefit is to the entire community, or a large portion thereof.</paragraph>
      <paragraph indent="1">•   Programs/services that imposing the full cost recovery would pose a hardship on specific service users.</paragraph>
      <paragraph indent="1">•   Program/services that indirectly provide some significant benefit to the community.</paragraph>
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="0">1.3   COUNCIL/EXECUTIVE INITIATIVES are programs or services that have been assigned by the County Council or the County Executive.</paragraph>
      <paragraph indent="0">1.4   DEPARTMENT means the Department of Recreation.</paragraph>
      <paragraph indent="0">1.5   DIRECTOR means the Director of the Department of Recreation or the Director’s designee.</paragraph>
      <paragraph indent="0">1.6   FACILITY means any space used for a program or service that has a direct operating cost.</paragraph>
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="0">1.9   OPERATING COSTS means the expenditure the Department makes to provide a program or service.</paragraph>
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="0">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:</paragraph>
      <paragraph indent="1">•   Programs/services that have substantial limitation on space and time.</paragraph>
      <paragraph indent="1">•   Individuals or a group generate the need for the Program/Service.</paragraph>
      <paragraph indent="1">•   Programs/services that require contractor services, and/or leadership, and/or instruction.</paragraph>
      <paragraph indent="1">•   Programs/services that use consumable materials.</paragraph>
      <paragraph indent="1">•    Programs/services that take place in facilities with high capital, operating, or maintenance costs.</paragraph>
      <paragraph indent="1">•   Programs/services that require special preparation and/or conclusion.</paragraph>
      <paragraph indent="1">•    Programs/services that have fees imposed by others.</paragraph>
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="0">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.</paragraph>
    </subsection>
    <subsection heading="41.10.01.02 Statement of Purpose">
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="0">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:</paragraph>
      <paragraph indent="1">2.4.1   Tax support should be primarily directed toward debt services, special needs, and community based programs.</paragraph>
      <paragraph indent="1">2.4.2   User fees should be the primary source of revenue for specialized programs, services, and rentals.</paragraph>
      <paragraph indent="1">2.4.3   User fees and tax support may be used for partnership programs/services.</paragraph>
      <paragraph indent="1">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.</paragraph>
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="0">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.</paragraph>
    </subsection>
    <subsection heading="41.10.01.03 Fees Categories">
      <paragraph indent="0">3.1   There are five pricing categories.  All Recreation Department programs are assigned by the Director to one of these pricing categories.</paragraph>
      <paragraph indent="0">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%</paragraph>
    </subsection>
    <subsection heading="41.10.01.04 Financial Assistance">
      <paragraph indent="0">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.</paragraph>
    </subsection>
    <subsection heading="41.10.01.05 Surcharges">
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="0">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.</paragraph>
    </subsection>
    <subsection heading="41.10.01.06 Advertisement and Evaluation of Program Fees">
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="0">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.</paragraph>
    </subsection>
    <subsection heading="41.10.01.07 Effective Date">
      <paragraph indent="0">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.</paragraph>
    </subsection>
  </regulation>
  <regulation heading="COMCOR 41.10.02 Senior Adult Program Activity Card Fee">
    <subsection heading="41.10.02.01">
      <paragraph indent="2">This regulation establishes a Senior Adult Program Activity Card, annual fee of $12.  Senior adults are defined by the Recreation Department as persons 55 and older.  This fee is for the exclusive use by this age group of certain spaces in senior centers and community recreation centers and for participation in fee-based programs and activities offered by the Senior Adult Program Section of the Recreation Department.</paragraph>
    </subsection>
    <subsection heading="41.10.02.02">
      <paragraph indent="2">The regulation also establishes an additional fee for those wishing to participate in senior adult programs but not purchase a card.  That additional fee will be calculated based on the original program fee according to the following schedule:</paragraph>
      <paragraph indent="3">Activity Fee         Add</paragraph>
      <paragraph indent="3">$  1.00 - $10         + $  2</paragraph>
      <paragraph indent="3">$10.01 - $15         + $  3</paragraph>
      <paragraph indent="3">$15.01 - $20         + $  4</paragraph>
      <paragraph indent="3">$20.01 - $25         + $  5</paragraph>
      <paragraph indent="3">$25.01 - $30         + $  6</paragraph>
      <paragraph indent="3">$30.01 - $35         + $  7</paragraph>
      <paragraph indent="3">$35.01 - $40         + $  8</paragraph>
      <paragraph indent="3">$40.01 - $45         + $  9</paragraph>
      <paragraph indent="3">$45.01 - $50         + $10</paragraph>
      <paragraph indent="3">$50.01 - $55         + $11</paragraph>
      <paragraph indent="3">$55.01 - $60         + $12</paragraph>
      <paragraph indent="3">$60.01 - $65         + $13</paragraph>
      <paragraph indent="3">$65.01 - $70         + $14</paragraph>
      <paragraph indent="3">$70.01 - $75         + $15</paragraph>
      <paragraph indent="3">$75.01 and over      add 20% to nearest dollar</paragraph>
    </subsection>
    <subsection heading="41.10.02.03">
      <paragraph indent="0">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.</paragraph>
    </subsection>
  </regulation>
  <regulation heading="COMCOR 41.10.03 Schedule of Department of Recreation FY 94 Fees">
    <subsection heading="41.10.03.01">
      <paragraph indent="2">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.</paragraph>
    </subsection>
    <subsection heading="41.10.03.02">
      <paragraph indent="2">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.</paragraph>
    </subsection>
  </regulation>
  <regulation heading="COMCOR 41.10.04 Fee Schedule for Commercial Campgrounds">
    <subsection heading="41.10.04.01 Fees">
      <paragraph indent="2">Commercial Campground         $5.00 each campsite</paragraph>
      <paragraph indent="2">No total fee for any one campground will be more than $500.00.</paragraph>
    </subsection>
    <subsection heading="41.10.04.02 Effective Date">
      <paragraph indent="2">This regulation takes effect on July 1, 1995.</paragraph>
    </subsection>
  </regulation>
</section>