IGA CITY OF SURPRISE SHARED RECREATION.PDF
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
THE CITY OF SURPRISE
FOR SHARED RECREATIONAL OPPORTUNITIES,
PROGRAMS, MARKETING, AND EVENTS
C-____________________
This Intergovernmental Agreement (“Agreement”) is made and entered into between Maricopa
County, Arizona, a political subdivision of the State of Arizona (“County”), and the City of Surprise,
Arizona, an Arizona municipal corporation (“City”). The County and the City are collectively
referred to herein as the “Parties” or individually as “Party.”
WITNESSETH
WHEREAS, the County and the City are authorized to enter into this Agreement pursuant
to A.R.S. §§ 11-951 through 11-954, as amended; and
WHEREAS, the County, as administered through its Parks and Recreation Department
(“MCPRD”), provides recreational opportunities and programs to the public at White Tank
Regional Park, Lake Pleasant Regional Park, and Hassayampa River Preserve (collectively
referred to herein as “Parks” or individually as Park), maps of the Parks attached hereto as Exhibit
A and made a part hereof; and
WHEREAS, the County operates Lake Pleasant Regional Park (“LPRP”) pursuant to a
Recreational Management Agreement between the County and the United States Department of
the Interior, dated June 29, 1990; and
WHEREAS, the City provides recreational opportunities and programs to the public; and
WHEREAS, the City desires to offer certain recreational opportunities and programs to
the public at the Parks, including but not limited to, recreational programs, educational programs
and events (collectively “Event” or “Events”), including the marketing thereof, as described in a
Statement of Work (“SOW”), a template of which is attached hereto as Exhibit B and made a part
hereof, subject to the terms and conditions herein and set forth in the SOW; and
WHEREAS, the County and City sometimes desire to offer certain joint Events, including
the marketing thereof, as described in an SOW, subject to the terms and conditions herein and
set forth in the SOW.
NOW, THEREFORE, in consideration of the foregoing recitals, the promises and covenants set
forth below, and other good and valuable consideration, receipt, and sufficiency of which are
hereby acknowledged, the Parties hereby agree as follows:
1. RECITALS
The Recitals herein, by this reference, are hereby incorporated into this Agreement.
2. PURPOSE OF AGREEMENT
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The purpose of this Agreement is
A. To develop a relationship between the Parties to reflect the mutual interest in supporting
and promoting healthy outdoor lifestyles within the Parks.
B. To jointly plan, coordinate, implement, and market certain opportunities, events,
recreational programs, and education programs (“Activities”) beneficial to the County, the
City and the public through the use of the SOW(s).
C. For the City and County to work together when appropriate to develop marketing
campaign(s) that promote the SOW(s), feature(s), event(s), and program(s) offered at the
Parks. This may be done through, but not limited to, advertising, branding, events,
campaigns, photo libraries, sponsorships, social media, and other forms of marketing,
promotions, and communications.
3. SCOPE OF WORK
This Agreement will enable the Parties to conduct Activities as described in each approved
SOW.
A. Activities will be conducted at the Parks only upon the City’s submission of an SOW and
the subsequent approval by the MCPRD’s Director and the City’s Director of Parks and
Recreation or their delegees.
B. Each SOW will be negotiated for fees (i.e., participant costs, gross revenue, authorized
deductions) and will follow a cost of recovery model to determine the appropriate funds
paid to MCPRD by the City and/or the general public.
C. The City recognizes potential impacts and conflicts between its Activities and those offered
by the County and its Concessionaires within the boundaries of each respective Park.
D. Joint Responsibilities. Both Parties Shall:
i.
Plan and develop, yearly (or more often if agreed upon by both Parties), a platform
for collaboration and cooperation of the Activities through the completion of an
annual SOW.
ii.
Work together to develop a joint, written SOW. Once both Parties approve the SOW,
the schedule can be determined by MCPRD in writing or e-mail prior to
implementation.
iii.
Plan and develop SOW operations plan(s) for each joint program.
iv.
Agree upon details of each Party’s portion or participation in the Activity as described
in the SOW.
v.
Be responsible for providing sufficient staff members for their portion of the Activity.
vi.
Shall coordinate with the other for emergency preparedness and coverage, and as
may be required, i.e., Maricopa County Sheriff’s Department, City of Surprise Police
and/or Fire Medical Department, during an emergency.
vii.
Have their name drops on any media, including “[Park Name] managed by Maricopa
County Parks and Recreation Department.”
E. City Responsibilities. The City shall:
i.
Complete the SOW for proposed Activities and work with County staff on the SOW
operation plan.
ii.
Coordinate with each respective Park Supervisor and staff prior to the Activity as to
off-limit areas, reservations, etc.
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iii.
Be responsible for costs associated with the operation of the Activity, agreed Parks
costs/use fees, and maintenance of City’s equipment, which includes, but is not
limited to, insurance, and removal of debris inside and outside of the storage facility
or are used in support of the Activity.
iv.
Provide advertising and notice to the public on the City’s website, flyers, or notices,
for information pertaining to the Activity
v.
Provide information to the public that the Park is a fee-based recreation area and
that all members of the public entering the Park must pay the current applicable
entrance fees.
F. County Responsibilities. The County shall:
i.
Provide and coordinate with the City to use County and MCPRD’s facilities as agreed
in the SOW.
ii.
Provide City with equipment storage to support programs for the day before the
Activity. The County assumes no liability for lost, stolen, or damaged items during
the temporary storage. More extended storage may be coordinated with and at the
discretion of the Park Supervisor.
iii.
Provide required staff in support of Activities as designated in each SOW.
iv.
Provide invoice with cost and fee information (See Section 9 herein) to the City.
v.
Provide advertising and notice to the public on the MCPRD’s website and flyers or
notices in the Parks of information pertaining to Activity.
vi.
Shall not be responsible for providing or maintaining any additional facilities,
amenities, personnel, or utilities other than those agreed to within the SOW.
4. TERM AND TERMINATION
A. The term of this Agreement shall be five (5) years (“Term”), commencing on the date it is
fully executed by the Parties (“Effective Date”).
B. The Agreement shall automatically renew for one (1) additional five (5) year period
thereafter unless either Party gives notice at least sixty (60) days prior to the expiration of
the Term that it does not want to renew or unless terminated sooner as provided herein.
C. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38-511.
D. Termination without Cause. Either Party may, at any time, terminate this Agreement by
giving the other Party not less than thirty (30) days prior written notice. In the event this
Agreement is terminated by either Party pursuant to this Section, the City shall remain
responsible for payment to the County for all work performed through the date of
termination and for reimbursement to the County of all non-cancelable commitments
incurred in the conduct of the Activities Non-cancelable commitments shall include, but
not be limited to, equipment rentals. Should such termination ultimately be effective, it will
not eliminate any obligations of any Party under Section 5 of this Agreement. If this
Agreement is terminated without cause pursuant to this Section, each Party shall be liable
for its own costs, except as specifically stated herein.
E. Termination for Non-Appropriation. Each Party recognizes that performance by the other
Party depends upon appropriation of funds. This Agreement may be terminated or
reduced by City or County at the end of any fiscal year due to non-appropriation of funds
without any penalty or liability to either Party for such termination or reduction. City, County
and state fiscal years end June 30, Federal fiscal year ends September 30. If the County
or City fails to appropriate necessary funds, or if appropriation is reduced during the fiscal
year, the County or City may reduce the scope of this Agreement, if appropriate, or cancel
this Agreement, without further duty or obligation and without penalty or liability.
5. DEFAULT
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Each of the following shall constitute a breach of this Agreement and an event of default
("Default") hereunder. A Party's failure to observe or perform any of the material covenants,
conditions, or provisions of this Agreement to be observed or performed by that Party
("Defaulting Party"), where such failure shall continue for a period of thirty (30) days after the
Defaulting Party receives written notice of such failure from the non-defaulting Party provided,
however, that such failure shall not be a Default if the Defaulting Party has commenced to
cure the Default within such thirty (30) day period and thereafter is diligently pursuing such
cure to completion, but the total aggregate cure period shall not exceed ninety (90) days
unless the Parties agree in writing that additional time is reasonably necessary under such
circumstances to cure such Default. In the event a Defaulting Party fails to perform any of its
material obligations under this Agreement and is in Default pursuant to this section, the non-
defaulting Party, at its option, may terminate this Agreement. Further, upon the occurrence of
any Default and at any time thereafter, the non-defaulting Party may, but shall not be required
to, exercise any remedies now or hereafter available to it at law or in equity.
6. GENERAL PROVISIONS
A. Modification or Amendment. Modifications or amendments of the Agreement shall be
binding only if in writing, signed and dated by both Parties.
B. Laws, Rules and Regulations. Both Parties shall, and shall cause, its agents to comply at
all times with all applicable federal, state, county, local and city statutes, laws, ordinances,
rules, regulations, and instructions, including, without limitation, environmental health
safety and regulations respecting the premises used, in effect now or as may be amended
or added. This compliance shall be at each Party’s sole cost and expense. MCPRD Rules
are attached hereto as Exhibit Cand made a part hereof.
C. Independent Contractor. The County and City are independent contractors and shall be
free to exercise their discretion and independent judgment as to the method and means
of performance of their work hereunder. Employees of each Party shall not be considered
employees of the other Party, and a Party’s personnel will not, by virtue of this Agreement,
be entitled or eligible, by reason of this Agreement, to participate in any benefits or
privileges given or extended by the other Party to its employees. Each Party assumes full
responsibility for the actions of its personnel while performing services under this
Agreement, and shall be solely responsible for their supervision, daily direction and
control, payment of salary (including withholding income taxes and social security),
worker’s compensation and disability benefits.
D. Nondiscrimination. The Parties agree to comply with all applicable state and federal laws,
rules, regulations, and executive orders governing equal employment opportunity,
immigration, nondiscrimination and affirmative action.
E. Marketing.
i.
The County may not use the name of the City in news releases, publicity, advertising,
or other promotion, without the prior written consent of the City, such as but not limited
to when referencing recreation at the Parks, except for documents used for internal
consumption by the County.
ii.
The City may not use the name of the County in news releases, publicity, advertising,
or other promotion, without the prior written consent of the County, such as but not
limited to when referencing recreation at the Parks, except for documents used for
internal consumption by the City.
7. LIABILITY INSURANCE AND INDEMNIFICATION
A. The Parties acknowledge that Maricopa County is self-insured.
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B. The City maintains general liability insurance and worker’s compensation coverage as
required by state law and pertinent federal laws and regulations under the City of Surprise.
C. Indemnification.To the extent permitted by law, each Party will indemnify, defend and save
the other Party harmless, including any of the Party’s departments, agencies, officers,
employees, elected officials, or agents, from and against all loss, expense, damage or
claim of any nature whatsoever which is caused by any activity, condition or event arising
out of the negligent performance, nonperformance or misconduct by the indemnifying
Party of any of the provisions of this Agreement. Each Party indemnifies the other against
all liability, losses, and damages of any nature for or on account of any injuries or death
of persons or damages to or destruction of property arising out of or in any way connected
with the performance or nonperformance of this Agreement, except such injury or damage
as shall have been caused or contributed to by the negligence or misconduct of that other
Party. The damages which are the subject of this indemnity shall include but not be limited
to the damages incurred by any Party, its departments, agencies, officers, employees,
elected officials, or agents. In the event of action, the damages which are the subject of
this indemnity shall include costs, expenses of litigation, and reasonable attorney's fees.
D. The terms of this Agreement and its insurance and indemnification provisions do not apply
to participants who engage in any activity outside the scope of this Agreement.
E. Binding Effect. The obligation set for the in this Section 6.0 shall be binding upon the
Parties and extend beyond the termination of this Agreement.
F. Environmental Compliance.
i. Regulated Use.
a) The City shall provide to the County, in writing, a complete list identifying all
hazardous materials or petroleum products initially to be brought on site.
Thereafter, the City shall provide written notice to the County only when other
hazardous material or petroleum products which were not initially identified are
brought on the site.
b) Additionally, the City will prepare and implement any necessary remediation action
plan in accordance with all applicable federal, state, county, city and local statutes,
laws, ordinances, rules, and regulations. The City shall keep Material Safety Data
documents, or the equivalent thereof, on site for those materials and products.
c) The City shall report to the County within twenty-four (24) hours of knowledge of
any event or occurrence at the site which may or does result in pollution or
contamination adversely affecting lands, water or facilities owned or managed by
County.
ii. Regulated Disposal.
a) The City does not intend to offer or engage in activities involving or using regulated
substances, as defined hereinbelow. However, in the event the City does engage
in such activities, the City shall protect, defend, indemnify and hold harmless the
County from and against all liabilities, costs, charges and expenses, including civil
or criminal penalties, attorney’s fees and court costs arising out of, or related to,
an activity involving or use of a regulated substance under any applicable federal,
state, or local environmental laws, regulations, ordinances or amendments thereto
because of: (a) any such substance that came to be located in the Parks or
temporary facilities due to the City’s use or occupancy of the site after the signing
of this Agreement; or (b) any release, threatened release or escape of any
substance in, on, under or from said site that is caused in whole or in part, by any
conduct, action or negligence of the City.
b. For the purposes of this Agreement, the term "regulated substances" shall include
substances defined as "regulated substances," "hazardous waste," "hazardous
substances," "hazardous materials," "toxic substances" or "pesticides" in the
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Resource Conservation and Recovery Act, as amended by the Hazardous and
Solid Waste Amendments of 1984, the Comprehensive Environmental Response,
Compensation and Liability Act, as amended in 1986 to include Superfund
Amendments and Reauthorization Act, the Hazardous Materials Transportation
Act, the Toxic Substance Control Act, the Federal Insecticide, Fungicide and
Rodenticide Act, the relevant local and state environmental laws, and the
regulations, rules and ordinances adopted and publications promulgated pursuant
to the local, state and federal laws. This indemnification shall include, without
limitation, claims or damages arising out of any violations of applicable
environmental laws, regulations, ordinances, rules, or subdivisions thereof. This
environmental indemnity shall survive the expiration or termination of this
Agreement.
c. The City accepts sole responsibility and liability for all wastes produced by its
operation, activities and occupation of the site and shall comply with all applicable
laws concerning such wastes, including federal, state, county, and local regulatory
requirements. Any such waste must be disposed of in compliance with the above.
d. The City further hereby represents and warrants to the County that the City, its
agents, employees, and contractors, shall be solely responsible for and assume any
responsibility for generating, storing, releasing, placing or allowing to remain on the
property any hazardous substances, hazardous wastes, or toxic substances
(hereinafter collectively referred to as "Hazardous Substances"), as those terms are
defined and regulated under C.E.R.C.L.A., 42 U.S.C. 9601 et seq., R.C.R.A., 42
U.S.C. 6901 et seq., or T.S.C.A., 15 U.S.C. 2601 et seq. The City agrees to comply
with all environmental laws and regulations and to take such other actions as may
be reasonably required to protect against environmental liabilities. Any such
“Hazardous Substances” must be disposed of pursuant to and in compliance with
all required laws, rules and regulations concerning the use and disposal of such
substances.
e. Management and proper disposal of all hazardous material, including Hazardous
Substances, is the responsibility of the City. The City must keep appropriate and
required documentation relating to the management and disposal of Hazardous
Substances.
f. The County will provide the City with environmental information specific to the
Parks so that it may assist in training their staff such as but not limited to flora,
fauna, and geography.
8. VENUE; GOVERNING LAW
The proper venue for any proceeding at law or in equity or under the provisions for arbitration
or litigation shall be Maricopa County, Arizona and the County and City hereby waive any right
to object to venue. This Agreement shall be construed in accordance with and be governed
by the laws of the State of Arizona.
9. ASSIGNMENT
No Party has the right or the power to assign this Agreement.
10. COMPENSATION
County shall invoice the City according to an individually authorized SOW. Invoices are due
and payable within thirty (30) days of the invoice date.
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11. NOTICES
All notices required under this Agreement shall be in writing and given by email delivery and
read receipt, or United States Post Office certified mail, return receipt requested, or by
commercial courier served with a receipt, or by hand delivery, to each Party’s following
address, or to such other address as either Party may notify the other in writing as provided
herein. Any such notice shall be considered served when communication is received and
read receipt received, signed for or delivery is refused or returned to sender as unclaimed.
Maricopa County:
Maricopa County Parks and Recreation Department
Attn: Director
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Phone: 602-506-9500
Email: rj.cardin@maricopa.gov
City of Surprise:
City of Surprise
Attn: Director, Parks and Recreation
15960 N Bullard Ave
Surprise, AZ 85374
Phone: 623.222.2218
Email: holly.osborn@surpriseaz.gov
11. RECORD RETENTION AND INSPECTION
The Parties agree to retain all books, accounts, reports, files and other records relating to this
Agreement and to make such records available at all reasonable times for inspection and
audit by the Parties or the Auditor General of the State of Arizona, or their agents, during the
term of and for a period of six (6) years (Retention Schedule) after the termination of this
Agreement, or Retention Schedule as amended by the Arizona State Library, Archives and
Public Records Retention Schedule.
12. E-VERIFY
To the extent applicable under A.R.S. § 41-4401, each Party and its contractors and
subcontractors warrant their compliance with all federal immigration laws and regulations that
relate to their employees and their compliance with the E-verify requirements under A.R.S. §
23-214(A). A breach of the above-mentioned warranty by any Party or its contractors or
subcontractors shall be deemed a material breach of the Agreement and may result in the
termination of the Agreement by the non-breaching Party. Each Party retains the legal right
to randomly inspect the papers and records of the other Party's or its contractors' or
subcontractors' employees who work on the Activities to ensure that the other Party and its
contractors and subcontractors are complying with the above-mentioned warranty.
13. BOYCOTT OF ISREAL
To the extent applicable under A.R.S. § 35-393.01, the Parties certify that they are not
currently engaged in, and for the duration of this Agreement agree not to engage in, a
boycott of Israel as defined in A.R.S. § 35-393.01.
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14. NON-EXCLUSIVE AGREEMENT
Each Party may enter into similar agreements with other institutions or entities, provided that
such agreements do not materially interfere with the ability of each Party to carry out its
obligations hereunder.
15. INVALIDITY OF PART OF THIS AGREEMENT
Should any part of this Agreement be held to be invalid or void by a court of competent
jurisdiction, the remainder of the Agreement shall remain in full force and effect and shall be
binding upon the Parties.
16. AUTHORITY
A. Each Party covenants and warrants to the other Party that: (a) it is duly authorized to
execute this Agreement; and (b) the execution of this Agreement has been duly authorized
by the applicable Party.
B. MCPRD Director shall administer this Agreement.
17. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed
an original but all of which together shall constitute one and the same instrument. Electronic
signatures shall have the same force and effect as original signatures.
18. ENTIRE AGREEMENT
This Agreement, including the SOW(s), embodies the entire understanding of the Parties and
supersedes any other agreement or understanding between the Parties relating to the subject
matter.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by its
duly authorized representatives.
CITY OF SURPRISE
MARICOPA COUNTY
____________________________________
___________________________________
Mayor
Date
Chairman
Date
Board of Supervisors
ATTEST
____________________________________
___________________________________
City Clerk
Date
Clerk of the Board
Date
Approved as to Form:
Approved as to Form:
____________________________________
___________________________________
City Attorney
Date
Deputy County Attorney
Date
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EXHIBIT A – PARKS
White Tank Regional Park
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EXHIBIT A – PARKS (Continued)
Lake Pleasant Regional Park
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EXHIBIT A – PARKS (Continued)
Hassayampa River Preserve
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EXHIBIT B – STATEMENT OF WORK (SOW)
This Exhibit represents the SOW template. Proposed SOW’s must be approved by both Parties.
The items contained herein shall be considered and incorporated where appropriate. The
effective date of each SOW is the date approved by both the County and the City.
Name:
Name:
Phone:
Phone:
Email:
Email:
Name of Activity
Facility Rentals
Proposed
Date(s)
Time(s)
Staffing
Vendors
Submitted By:
Received for Review by MCPRD
Signature
Date
Date
Add'l Information:
Activity Type
Activity Description
Activities. ________ will conduct the following Activities at Parks as indicated (Dates of Activity(s) are subject to agreement by both parties):
EXHIBT B
STATEMENT OF WORK ("SOW")
Contact Information
Points of Contact. The parties designate the following persons as their respective points of contact in connection with the Activities described in this SOW:
City Point of Contact
MCPRD Point of Contact
This SOW is made pursuant to the Intergovernmental Agreement between Maricopa County (hereinafter referred to as County) by and through its Parks and
Recreation Department (hereinafter referred to as "MCPRD") and the City of Surprise (hereinafter referred to as "City") (the “Agreement”). This SOW may
include a multitude of Activities (recreational opportunities, commercial tours, commercial sales, stewardship events, programs, promotions, and special events,
including but not limited to planning, coordinating, implementing, promoting, sponsoring, educating, and marketing). All terms not defined in this SOW have the
meaning ascribed to them in the Agreement. Upon completion of the SOW, MCPRD's will contact City for additional information required for the Activity(ies)
SOW operation plan (SOW-OP).
Activities (may be multiple)
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EXHIBIT C – Park Rules
MARICOPA COUNTY PARKS AND RECREATION
PARK RULES
Adopted August 13, 2003 by the Maricopa County Board of Supervisors
Revised January 13, 2016 by the Maricopa County Board of Supervisors
R-101 DEFINITIONS
The following definitions shall determine meanings for certain facilities, objects, entities or activities.
1. “Abandoned Vehicle” means any vehicle, boat, trailer, or structure, which shows evidence of being left unattended for a period of
48 hours unless displaying an official permit indicating a stay in excess of 48 hours.
2. “Aircraft” means a structure or device for navigation of the air that is supported either by its own buoyancy or by the dynamic
action of the air against its surface.
3. “Camping” means erecting a tent or shelter or arranging bedding, or both, for the purpose of, or in such a way as will permit,
overnight use; or parking a trailer camper or other vehicle for the purpose of remaining overnight.
4. “Commission” means the Maricopa County Parks and Recreation Commission.
5. “County” means Maricopa County.
6. “Department” means the Maricopa County Parks and Recreation Department.
7. “Loudspeaker or public address system” means a device to amplify or direct sound.
8. “Maricopa County Park(s)” means any land or areas under the control of the Maricopa County Board of Supervisors which has
been designated as a Park, Recreation Area or Conservation Area.
9. “Roads” means the entire width between the boundary lines of every way when any part thereof is open, kept or maintained for
use by the public for purposes of vehicular travel.
10. “Special Use Permit” means commercial or non-commercial permits issued by the Department for activities outside a park’s
activity design or which excludes the general public or for which there is monetary gain.
11. “Swimming” means to propel one’s self in water by natural means; consequently aquatic activities including the full or partial use
of inner tubes, air mattresses or personal support devices.
12. “Designated Trail” means an authorized recreational trail designed, constructed, and maintained according to standards within
the county manual; it is within Maricopa County Parks’ boundaries and has been included in the Maricopa County Park trail system
inventory.
R-102 SPECIAL USE PERMITS, FEES AND APPROVALS
1. Special Use Permits shall be required for eligible non-profit, government or private, as well as commercial uses.
2. For eligible non-profit uses, a Special Use Permit is required of any person or group for any activity outside each park’s activity
design, or for the use of specific park areas that require the exclusion of general public usage.
3. A Special Use Permit shall also be obtained in advance by any person or group wishing to use a Maricopa County Park for
eligible commercial uses.
4. Park Impact Fees for Special Use Permits shall be negotiated by the Department based on the expenses related to the
administration of the activity, protection of the park and visitors, and in accordance with established fee schedules when applicable.
5. The Department may require commercial applicants to enter into an agreement with the County for a negotiated percentage of
gross receipts not to exceed twenty (20) percent.
6. The Department may require the permittee to post a deposit against damage and clean-up expense, provide a certificate of
insurance naming the department as additionally insured, and/or provide for adequate medical, sanitary and security services.
7. A performance and payment bond may be required from any permitee who is providing a service that was solicited to provide any
event or activity sponsored by the department.
8. The Department may impose conditions on the conduct of any activity, which are necessary to protect the area and maintain its
availability as a public park.
9. A Special Use Permit is not required for any person operating under the provisions of a valid special use or commercial
management concessions agreement with the department.
10. Special Use Permit applications, which are compatible with the management objectives of the individual park, may be refused
for health and safety reasons or to protect the park from significant damages. With respect to competing non-profit uses, the use of
park space shall be granted on a first-come, first-served basis. With respect to competing commercial uses, informal proposals shall
be solicited and the Special Use Permit awarded to that concessionaire which offers to provide the County with the highest potential
revenue and/or best recreational value to park patrons, provided the concessionaire does not have a poor performance history on
any prior permits.
11. All persons entering a park under a Special Use Permit are subject to all entrance and/or use fees, and all rules and regulations
concerning park resource and facility use. The total amount of entrance fees owed by persons entering a park under a Special Use
Permit, may be calculated in advance and paid in accordance with terms negotiated as part of the Special Use Permit.
12. A decision by the Department concerning any Special Use Permit may be appealed to the Commission.
13. Applications for Special Use Permits may be obtained from an authorized representative of the Department.
R-103 VIOLATIONS AND PENALITIES
1. Any person who violates any of these rules shall be guilty of a Class 2 misdemeanor.
2. Any person who violates any of these rules may also be evicted for failure to comply.
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THE FOLLOWING ACTS ARE PROHIBITED IN MARICOPA COUNTY PARKS:
R-104 ENTRY, USE, OCCUPANCY, FEES
1. Entering, using, or occupying of a Maricopa County Park or its facilities, designated trails or waterways under the supervision and
control of the Department for any purpose when said parks or areas are posted against such entrance, use, occupancy or where
barriers exist.
2. Entering upon or using for any purpose, the land, water or facilities within the boundaries of Maricopa County Parks when a fee,
rental, admission or other consideration has been established for such land, water or facilities, unless the person entering or using
such land, water or facility has paid said fee, rental, admission or other consideration.
R-105 ANIMALS AND PETS
1. Riding, permitting or allowing livestock, saddle, pack, or draft animals except on designated trails or areas under special permit
issued by the Department or by special provisions of a use management agreement.
2. Possessing, allowing or permitting a dog and/or other pets in a Maricopa County Park, unless the same shall be under immediate
control on a leash not exceeding 6 feet in length, except the leash requirement shall not apply to dogs while being used in hunting,
or in field trials, or while being trained, when upon lands open to such uses and it does not interfere with other park activities.
3. Possessing, allowing or permitting a dog in a Maricopa County Park without a current dog license.
4. Allowing dogs or other pets, other than seeing-eye or hearing guide dogs, within the confines of public park buildings.
5. Allowing dogs and/or other animals to create a nuisance, noise or disturbance in any area.
6. Failure of owners of pets to properly remove and dispose of any waste.
7. Scattering and/or depositing the ashes of any animal.
R-106 DISCHARGE OF FIREARMS, HUNTING AND TRAPPING
1. Except as provided by state law, discharging a firearm, shooting with bow and arrow, or setting traps except in locations provided
for that purpose and as permitted by Arizona Game and Fish rules.
R-107 MOTOR VEHICLES AND BICYCLES
1. Operating any motorized vehicle except on roads and parking areas designated by the Department for such purpose.
2. Abandoning any vehicle in any area of a Maricopa County Park. Vehicles violating this section may be towed at the owner’s
expense.
3. Parking a motor vehicle or trailer or other device towed by a motor vehicle in such a manner whereby roads, parking areas or
other traffic ways or traffic are blocked or otherwise impeded. Vehicles violating this section may be towed at the owner’s expense if
such violation constitutes blockage of any emergency lane or otherwise interferes with park operations.
4. Operating a bicycle in a careless or reckless manner, or in disregard of the safety of any person or property.
5. Utilizing bike ramps in non-designated areas.
6. Operating, without permission from the County, any motorized skateboard, motorized scooter, moped or like device.
R-108 WATERCRAFT AND SWIMMING
1. Bringing into, or operating any watercraft upon any body of water, except at such places and in such manner as designated for
such use or purpose by the Department.
2. Storing or leaving any watercraft without first obtaining a permit issued by the Department or its authorized concessionaire.
3. Swimming in areas posted against such use.
4. Cliff jumping.
R-109 VANDALISM
1. Destroying, damaging, or removing any tree, shrub, wildflower, cactus, or any other vegetation, or any other vegetative product or
by-products without first obtaining a written permit from the Department.
2. Destroying, damaging, defacing or removing any County property or property administered by the Department.
R-110 LITTERING
1. Depositing or abandoning garbage, sewage, refuse, trash, waste, or other obnoxious material, except in receptacles or containers
provided for such purposes.
2. Throwing or breaking any glass, plastic or ceramic object leaving shards or other fragments on park property.
R-111 PUBLIC BEHAVIOR
1. Conducting one’s self in a disorderly or intoxicated manner, or using threatening, abusive, or boisterous or insulting language, or
conducting or participating in a disorderly assembly, or to solicit for any purpose.
2. Engaging in noisy conduct, operating generators or motors, operating radios, or otherwise making loud or disturbing noises that
may disturb the peace of the area between the hours of 10:00 p.m. and 6:00 a.m.
3. Public urination or public defecation.
4. Engaging in noisy conduct that disturbs the peace.
R-112 CAMPING
1. Camping without first obtaining a written permit issued by the Department
2. Failure to obey all written or posted camping regulations.
R-113 FIRES
1. Building fires except in designated places.
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2. Building fires in any area posted against such use.
3. Building wood or charcoal fires at any time posted against such activity (during fire ban).
4. Use of gas or propane stove or grills when use is prohibited (during extreme fire ban).
5. Abandoning any fire without completely extinguishing it.
6. Allowing a fire to escape from control.
R-114 PUBLIC OR COMMERCIAL ACTIVITES
1. Conducting any activity or assembly outside the individual park’s activity design or requiring the use of park areas which exclude
the use by the general public without first obtaining a Special Use Permit from the Department.
2. Posting, placing, or distributing advertising material; erecting a fence or barrier (except under specific use management or lease
agreements), constructing or occupying improvements; or enclosing County administered lands without first obtaining a Special Use
Permit from the Department.
3. Using a loudspeaker, or public address system, or amplifier without first obtaining a Special Use Permit from the Department.
4. Using County administered lands for a commercial purpose without first obtaining a Special Use Permit or use management or
lease agreement from the Department.
R-115 GLASS BOTTLES
1. Possessing glass, ceramic or hard frangible plastic beverage bottles.
R-116 AIRCRAFT AND ENGINE POWERED MODELS
1. Operating any passenger carrying aircraft of any nature or parachute, including parasailing, except in areas designated for such
use by the Department or in an emergency situation.
2. Operating engine powered models and/or toys in any park area not designated for such use or in such a manner that it could be a
hazard to the public.
R-117 INTERFERENCE WITH A PARK RANGER OR A PARK POLICE OFFICER
1. Interfering with any Park Ranger and/or Park Police Officer in the discharge of the Park Ranger’s and/or Park Police Officer’s
duties.
2. Failing or refusing to obey any lawful command of any Park Ranger and/or Park Police Officer or other Certified Peace Officer.
R-118 TRAILS
1. Damaging, blocking, restricting or otherwise interfering with the use of a trail.
2. Throwing or rolling rocks or other items into valleys or canyons, down hillsides, mountainsides or trails.
3. Leaving a designated trail or walkway between trailheads.
4. Operating a bicycle, riding a horse, or hiking, except on trails designated for that use.
5. Failure to follow any sign that dictates the use or behavior on a trail.