§ 10.6-18. Fees.

(1)

Fees authorized. The Polk County Parks and Natural Resources Division is hereby authorized to charge the following types of fees in accordance within the standards of this Ordinance.

a.

Entrance Fees. Entrance fees are charged to enter a park, botanical garden, zoological park, or other developed recreational area. The areas are usually well defined but are not necessarily enclosed. The entrance is the patron's first contact with the park; however, it may contain additional facilities or activities for which fees are charged.

b.

Admission fees. Admission fees are described as charges made to enter a building, structure, or natural chamber. These facilities usually offer an exhibit, show, ceremony, performance, demonstration, or special equipment. Entry and exit are normally controlled and attendance is regulated.

c.

Rental Fees. Rental fees are payments made for the privilege of exclusive use of tangible property of any kind. This fee gives the patron the right of enjoying all the advantages derivable from the use of the property without consuming, destroying, or injuring it in any way.

d.

User fees. User fees are defined as charges made for the use of a facility, or participation in an activity. The patron usually enjoys the privilege of use simultaneously with others.

e.

Sales revenues. Sales revenues are revenues obtained from the operation of dining facilities, stores/booths, concessions, etc., and from the sale of merchandise or other property. Unconditional ownership of an item must pass from seller to the buyer with each sale.

f.

Special service fees. Special service fees are charges made for supplying extraordinary articles, commodities, activities, or services as an accommodation to the public. These accommodations must be unusual in character and not normally considered a required governmental service.

g.

Sponsorships and naming rights fees. Sponsorships and naming rights fees are defined as charges collected for permitting access to the commercial and/or marketing potential associated with one or more of the county's park services, projects, events, fa or activities.

h.

Lease, license and permit fees. Lease, license, and permit fees/revenues are obtained by providing privileges to utilize and/or occupy buildings, property, and/or resources provided by the Division.

All fees shall, to the extent practicable, be equal to the average actual cost, including overhead, incurred by the Parks and Natural Resources Division in programming and maintenance for the Parks and Natural Resources Division facilities under its control.

(2)

General fee schedule. A general fee schedule, meeting the standards of section 10.6-18(1) of this Ordinance, was established by resolution of the board of county commissioners and may be amended by the board from time to time in accordance with the standards of this Ordinance.

(3)

Accounting. Pursuant to this Ordinance, all fees collected as described in this section, shall not be considered general revenue accruing to the county and may be used for operating, maintaining, programming, and/or improvements to Division facilities. Fees collected will be placed in the appropriate fund based on the facility for which the fee was collected.

a.

Fees for the history center will be placed in the history center fund.

b.

Fees or charges relating to boating or launching facilities will be placed in the lake and river enhancement trust fund.

c.

All other fees will be placed in the Leisure Services MSTU.

Additionally, any prior fee or charge restriction adopted by board action is repealed and replaced by the general restrictions noted above.

(4)

Appeals. Appeals from any fee charged under the authority of this Ordinance shall be heard by the board of county commissioners at a regularly scheduled meeting aft notice to the appellant. Based upon competent substantial evidence, the board of county commissioners may, after the hearing, adjust the fee.

(5)

Penalty for failure to pay fees. Any person who shall fa to pay, or seek to evade payment of authorized fees shall be deemed guilty of a misdemeanor and upon conviction shall by punished by a fine not to exceed $500 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment.

(Ord. No. 14-065, § 4, 11-4-14)