Aquatics Board (Sunset Date 4/30/2023)

AQUATICS BOARD MEETING AGENDA Tuesday June 22nd, 2021 Teleconference/Zoom Meeting at 5:00pm Statement of Philosophy: Create Community through People, Pools and Effective Swim Programs A. Call to Order B. Roll Call C. Agenda Changes D. Approval of minutes from March meeting. E. Public Participation on Non-Agenda Items F. Staff Report G. Old Business H. New Business a. Board Member Terms b. CIP Update I. Board Comments & Standing Agenda Items a. Commercial Use Regulations b. Subcommittee Reports J. Adjournment K. Next Board Meetings : a. 07.27.21  MINUTES AQUATICS BOARD Tuesday, April 27, 2021 City & Borough of Juneau – Zoom Conference Statement of Philosophy: Create Community through People, Pools and Effective Swim Programs A. Meeting Convened at 5:07pm by Chair Muldoon. B. Members Present: Kristin Bartlett, Don Beard, Scott Griffith, Molly McCormick, Lena Merrell, Tracy Morrison, Tom Rutecki, Pat Watt. Ex Officio: George Schaaf, Parks & Rec Director Liaison Absent: Carole Triem – CBJ Assembly CBJ Staff Present: Kollin Monahan, Aquatics Manager, Sarah Landen, Admin Assistant Other: Some members of the public were present to address the Agenda item on Commercial Use C. Agenda Changes – Add Letter to Assembly under Old Business. D. Approval of Minutes –of the March 31 meeting were approved. E. Public Participation on Non-Agenda Items - None F. Staff Report • Details are provided in the attachment • Attendance is picking up as Covid restrictions have been relaxed, and due to spring break. Busiest times at Dimond Park are 6-8pm, and at Augustus Brown 2-4pm. Visits by children to Dimond Park have increased. • The summer camp model used last year for swim lessons worked well and will be used again. Lessons are scheduled every day for two weeks (Monday-Thursday) which increases the retention of skills learned. A pretest will be given to each child to ensure the most appropriate grouping. Each session will have a maximum of 50 kids, with 3-4 in each grouping. Camps will begin June 7, with registration opening on May 17. After each session there will be a week’s break during which registration for the next session will open. Registration will be online only. Lobbies will reopen on May 3 for guardians to watch their children, lobby tables will be socially distanced and masks will continue to be required when in the facility. Mr. Rutecki requested that the signage for lobby area requirements be updated and clarified. Mr. Monahan will take care of that. Parents wanting to watch from inside the natatorium will need to pay the usual admission fee, or have a pass. • Lifeguard training classes have begun and are being well received. The April class is filled. Registration for the May 18-20 class opens on April 28. The lecture portion of the training is being done online. • The fixed scheduling process seems to working well, and will remain for the summer except for expanded program offerings. G. Old Business • Commercial Use of Aquatics Facilities. o The Board reviewed the revised draft regulations. Ms. Watt referred to Section 11 CBJAC 01.050, Permit fees. She felt that it would be an un-needed burden to have private teachers collect pool admission fees from swimmers and then submit them to CBJ. After discussion, Ms. Watt moved that the first sentence under (c) be restated as “Standard admission fees shall be paid be all participants in the 1  authorized activity, including the permittee” and that the first sentence under (d) be deleted. There was no objection and the amendment was adopted. o Mr. Schaaf reviewed the regulatory process (see Attached Memo). The Assembly has empowered the Aquatics Board to adopt regulations necessary for the administration of the aquatics facilities. At its regular meeting on September 24, 2019, the Aquatics Board asked staff to draft regulations and policies regarding commercial use of municipal aquatics facilities. Pending adoption of these commercial use regulations, the enforcement of CBJ 67.01.090(i) is waived. This ordinance requires a permit for commercial use of recreation facilities (including pools) and provides a $300 penalty for violations. o Draft regulations and a proposed policy were introduced at the November 19, 2019 Aquatics Board meeting. The proposed regulations were finalized at the February 25, 2020 meeting and prepared for public comment. The COVID-19 pandemic struck shortly thereafter and the proposed regulations were tabled indefinitely. The Aquatics Board resumed consideration of commercial use regulations on March 30, 2021. o After today’s discussion, the next step is to move forward with a public comment process. Pursuant to CBJ 01.60, public notice must be provided at least 21 days before adoption of CBJ regulations. Upon completion of public proceedings, a proposed regulation is sent to the city attorney for approval as to form and regulatory authority. After considering all of the information available, the Aquatics Board may then adopt the regulation. Regulations adopted by the Aquatics Board are then subject to review by the Assembly. o Mr. Muldoon pointed out that these proposed regulations are in conformity with commercial use of other Parks and Recreation facilities. He asked what happens if the Board chose to not act on the draft regulations. Mr. Schaaf thought that having moved this far into the regulatory process, a non-action by the Board would mean that private lessons would no longer be permitted in the pools. o Ms. Morrison asked what would be the timing for implementation. Mr. Schaaf said it would take about a week to get the draft out for public notice, then the Board would need to approve them for review by the Assembly, which would take at least a month. The soonest effective date would likely be in July. The Board will need to set the fees, probably at its next meeting. o Mr. Rutecki inquired as to how conflicts in the use of pool spaces would be resolved. Ms. Merrell noted that the draft regulations have language in Section 01.030 that provides for placing conditions in the permits to address this. Mr. Schaaf emphasized that the regulations are more global in nature, providing for detailed requirements to be addressed through the permitting or policy process. • Public Comment. o Madison Bargas, a swimming instructor living in the Valley spoke. She teaches at both pools and urged the Board not to make it hard for parents to get lessons. She wondered whether parents teaching their own children would be required to get permits. o Emily Palmer, a parent living in North Douglas spoke. She urged the Board not to make it hard to get lessons. She couldn’t see what the problem was. She suggested the Board might better work with the Assembly to exempt this activity from being considered commercial use. o Ms. Merrell and Mr. Muldoon summarized the Board’s point of view. Our mission is to get as many people as possible into the pools, and to make swim classes easily available to everyone who wants to learn – through both private and public lessons. The fact that private lessons have been informally allowed to bypass the commercial use requirement in the past is no reason not to repair the error now. 2  • Board Action. o Ms. Watt moved that staff be instructed to move forward expeditiously with the 21- day public comment period on the regulations as amended today, and to bring them back for final action at the next Board meeting on May 25. Motion approved. • Letter to the Assembly o Mr. Muldoon circulated a finalized draft letter to go to the Assembly urging their support for the pools during the budget process, and to proceed expeditiously with the planned renovation of the Augustus Brown pool. The Board approved the letter H. New Business – None I. Standing Agenda Item - None J. Subcommittee Reports – Mr. Muldoon urged Board members to continue advocating for the pools throughout the remainder of the budget period. Mr. Rutecki, Mr. Griffith and Ms. Bartlett emphasized the importance of the Learn-to-Swim program through the school district, and the need to expand the existing program and also make swimming a PE option for high school kids. The Augustus Brown pool is a crucial component for Harborview and JD High School students. K. Board Comments – None L. Adjournment – The meeting was adjourned at 6:15pm ------------------- Meeting Follow-ups: Mr. Schaaf and Mr. Monahan to proceed expeditiously with the 21-day public comment period. Mr. Monahan – update and clarify signage about lobby usage for non-swimmers Mr. Muldoon – forward the letter to the Assembly. Mr. Schaaf and Mr. Monahan – bring back next draft of commercial use policy document and draft permit fee schedule for discussion at May 25 meeting Upcoming Meetings: Next Board meeting: Tuesday, May 25, 5:00pm, Zoom conference. 3  June 22nd, 2021 Full Aquatics Board Meeting Operations Report Daily Attendance (May 1st - 31st) Augustus Brown Swimming Pool Dimond Park Aquatic Center 1,493 Total Visits 3,825 Total Visits Monday-Friday Monday-Friday 5:30am-7:00am 256 Check-ins 5:30am-8:00am 752 Check-ins 7:00am-8:30am 96 Check-ins 8:00am-12:00pm 727 Check-ins 2:00pm-4:00pm 438 Check-ins 12:00pm-3:00pm 465 Check-ins 4:00pm-6:00pm 370 Check-ins 6:00pm-8:00pm 620 Check-ins 6:00pm-8:00pm 108 Check-ins Saturday Saturday 10:00am-12:00pm 323 Check-ins 10:00am-12:00pm 75 Check-ins 12:00pm-3:00pm 296 Check-ins 12:00pm-2:00pm 35 Check-ins 3:00pm-6:00pm 204 Check-ins Sunday Sunday 12:00pm-2:00pm 115 Check-ins 12:00pm-3:00pm 323 Check-ins 3:00pm-6:00pm 115 Check-ins AGB Trends at a Glance DPAC Trends at a Glance • Daily Usage is averaging 48 patrons • Daily Usage is averaging 123 patrons • 50% of attendance are adults (ages 18 –64) • 43% of attendance are adults (ages 18 – 64) • 28% of attendance are seniors (ages 65+) • 16% of attendance are seniors (ages 65+) • 10% of attendance are youth (ages 8 – 17) • 23% of attendance are youth (ages 8 – 17) • 12% of attendance are children (ages 2 – 7) • 18% of attendance are children (ages 2 – 7) Schedule Changes Open Swims Resume July 6th  Open swims at Dimond Park Aquatic Center will resume on Tuesday July 6th, 2021 (both facilities closed on July 4 & 5th). This will entail the red slide and low dive being open during open swims (July schedules attached).  Augustus Brown Swimming Pool will continue to offer only lap swimming/water walking in the lap pool and recreation swimming in the leisure pool. Hot Tub & Saunas Reopen  Staff is currently planning to reopen the hot tub at Dimond Park Aquatic Center and the saunas at both facilities. o The hot tub will reopen once maintenance has been conducted to ensure no issues with it being offline for the last year. Staff is estimating a mid-July opening. o The saunas will reopen once inspection has been passed. The only item that needs addressed is whether or not to require masks for unvaccinated populations. Dependent on the masking policy for sauna use. Staff is estimation an early-July opening. Instructional Programming Swim Lessons  Swim lessons have/will follow a summer camp model, where the lessons are scheduled every day for two weeks (Monday-Thursday) to increase the retention of skills learned. This will also allow operations to move children through the swim instruction process more proficiently than a typical 4- week lesson plan. Below is the tentative lesson schedule where the lesson will be scheduled in each retrospective time slot. Summer Session 1 Pre-school Lessons June 7th – June 17th Monday-Thursday 3:15 – 5:45pm 30 Minute Lesson th Summer Session 2 Swim Lessons June 28 – July 8 th Monday-Thursday 3:15pm – 5:45pm 30 Minute Lesson st Registration Date: June 21 8:30am ONLINE ONLY Cost: $56 ($8 per class x 7 classes) Summer Session 3 Swim Lessons July 19th – July 29th Monday-Thursday 3:15pm – 5:45pm 30 Minute Lesson th Registration Date: July 12 at 8:30am ONLINE ONLY Cost: $64 ($8 per class x 8 classes) Health & Safety Courses July Offerings Blended Learning American Red Cross Lifeguarding Course Registration: OPEN Course Dates/Times: July 12th – July 16th 8:30am-2:30pm Cost: $205 ($45 due at Registration) Max Capacity: 8 Participants Location: Dimond Park Aquatic Center Fitness Classes  Fitness Classes are set to recommence in July, dependent on instructor availability.  Dimond Park Aquatic Center July 2021 3045 Dimond Park Loop | 586-0839 This calendar does not include facility closures for swim meets, holidays, etc. Effective July 6th, 2021 Time Monday Tuesday Wednesday Thursday Friday Saturday Sunday Time 5:30-6:00am 5:30-6:00am 6:00-6:30am 6:00-6:30am Half Lap Swim (4 Lanes) Half Lap Swim (4 Lanes) 6:30-7:00am Rec Pool Open Rec Pool Open 6:30-7:00am 7:00-7:30am Closed 7:00-7:30am 7:30-8:00am 7:30-8:00am 8:00-8:30am Full Lap Swim Full Lap Swim Full Lap Swim 8:00-8:30am 8:30-9:00am Rec Pool Open Rec Pool Open Rec Pool Open Closed 8:30-9:00am 9:00-9:30am 9:00-9:30am Full Lap Swim Full Lap Swim 9:30-10:00am Full Lap Swim 9:30-10:00am Rec Pool Open Rec Pool Open 10:00-10:30am Rec Pool Open 10:00-10:30am 10:30am-11am 10:30am-11am 11:00-11:30am Lap Swim (4 Lanes) 11:00-11:30am 11:30am-12pm Full Lap Swim Full Lap Swim Full Lap Swim Full Lap Swim Full Lap Swim Spray Features ON 11:30am-12pm 12:00-12:30pm Rec Pool Open w/ Rec Pool Open w/ Rec Pool Open w/ Rec Pool Open w/ Rec Pool Open w/ Red Slide OPEN Low 12:00-12:30pm Spray Features ON Spray Features ON Spray Features ON Spray Features ON Spray Features ON Dive OPEN Full Lap Swim 12:30-1:00pm Rec Pool Open 12:30-1:00pm 1:00-1:30pm Closed - Safety Break 1:00-1:30pm 1:30-2:00pm Full Lap Swim Full Lap Swim Full Lap Swim Full Lap Swim Lap Swim (4 Lanes) Lap Swim (4 Lanes) 1:30-2:00pm Closed - Maintenance 2:00-2:30pm Rec Pool Open Rec Pool Open Rec Pool Open Rec Pool Open Spray Features ON Spray Features ON 2:00-2:30pm 2:30-3:00pm Red Slide OPEN Low Red Slide OPEN Low 2:30-3:00pm Dive OPEN Dive OPEN 3:00-3:30pm 3:00-3:30pm 3:30-4:00pm Closed - Safety Break Closed - Safety Break 3:30-4:00pm 4:00-4:30pm Glacier Swim Club Glacier Swim Club Glacier Swim Club Glacier Swim Club Glacier Swim Club Lap Swim (4 Lanes) Lap Swim (4 Lanes) 4:00-4:30pm 4:30-5:00pm Facility Closed to Public Facility Closed to Public Facility Closed to Public Facility Closed to Public Facility Closed to Public Spray Features ON Spray Features ON 4:30-5:00pm 5:00-5:30pm Red Slide OPEN Low Red Slide OPEN Low 5:00-5:30pm Dive OPEN Dive OPEN 5:30-6:00pm 5:30-6:00pm 6:00-6:30pm Lap Swim (4 Lanes) Lap Swim (4 Lanes) Lap Swim (4 Lanes) 6:00-6:30pm 6:30-7:00pm Spray Features ON Full Lap Swim Spray Features ON Full Lap Swim Spray Features ON 6:30-7:00pm Closed Closed 7:00-7:30pm Red Slide OPEN Low Rec Pool Open Red Slide OPEN Low Rec Pool Open Red Slide OPEN Low 7:00-7:30pm Dive OPEN Dive OPEN Dive OPEN 7:30-8:00pm 7:30-8:00pm Monday Tuesday Wednesday Thursday Friday Saturday Sunday Legend Swim Descriptions Green Lap Swim/Open Rec Lap Swim/Open Rec All 8 lanes are open for lap swimming. The leisure pool is open for general recreation. Pink Modified Lap Swim Modified Lap Swim 4 lanes are open for lap swimming. The leisure pool is open for general recreation. Blue Lunch Bunch Lunch Bunch All 8 lanes are open for lap swimming. The leisure pool is open for general recreation and the spray features are on. Orange Modified Open Swim Modified Open Swim 4 lanes are open for lap swimming. The spray features and red slide are on, and the low board is open. Yellow Glacier Swim Club Glacier Swim Club Reserved for Glacier Swim Club practices. Facility closed to the public during this time. Grey Closed Closed Entire facility closed. Building must be vacated. For the most up to date facility schedules, please visit juneaupools.org  Augustus Brown Swimming Pool July 2021 1619 Glacier Ave | 586-0839 This calendar does not include facility closures for swim meets, holidays, etc. Effective July 6th, 2021 Time Monday Tuesday Wednesday Thursday Friday Saturday Sunday Time 5:30-6:00am 5:30-6:00am 6:00-6:30am 6:00-6:30am 6:30-7:00am Full Lap Swim Full Lap Swim Full Lap Swim Full Lap Swim Full Lap Swim 6:30-7:00am 7:00-7:30am Rec Pool Open Rec Pool Open Rec Pool Open Rec Pool Open Rec Pool Open 7:00-7:30am 7:30-8:00am Closed 7:30-8:00am 8:00-8:30am 8:00-8:30am 8:30-9:00am Closed 8:30-9:00am 9:00-9:30am 9:00-9:30am 9:30-10:00am 9:30-10:00am 10:00-10:30am 10:00-10:30am 10:30am-11am 10:30am-11am 11:00-11:30am Closed Closed Closed Closed Closed 11:00-11:30am 11:30am-12pm Full Lap Swim 11:30am-12pm 12:00-12:30pm Rec Pool Open 12:00-12:30pm 12:30-1:00pm 12:30-1:00pm 1:00-1:30pm Full Lap Swim 1:00-1:30pm 1:30-2:00pm Rec Pool Open 1:30-2:00pm 2:00-2:30pm 2:00-2:30pm 2:30-3:00pm 2:30-3:00pm 3:00-3:30pm 3:00-3:30pm Half Lap Swim (3 Lanes) Half Lap Swim (3 Lanes) 3:30-4:00pm Rec Pool Open Rec Pool Open 3:30-4:00pm 4:00-4:30pm 4:00-4:30pm 4:30-5:00pm Full Lap Swim Full Lap Swim Full Lap Swim 4:30-5:00pm Closed 5:00-5:30pm Rec Pool Open Rec Pool Open Rec Pool Open 5:00-5:30pm Closed 5:30-6:00pm 5:30-6:00pm Full Lap Swim Full Lap Swim 6:00-6:30pm Rec Pool Open Rec Pool Open 6:00-6:30pm 6:30-7:00pm 6:30-7:00pm 7:00-7:30pm 7:00-7:30pm 7:30-8:00pm 7:30-8:00pm Monday Tuesday Wednesday Thursday Friday Saturday Sunday Legend Swim Descriptions Green Lap Swim/Open Rec Lap Swim/Open Rec All 6 lanes are open for lap swimming. The leisure pool is open for general recreation. Pink Modified Lap Swim Modified Lap Swim 3 lanes are open for lap swimming. The leisure pool is open for general recreation. Grey Closed Closed Entire facilty closed. Building must be vacated. For the most up to date facility schedules, please visit juneaupools.org Chapter 01 - COMMERCIAL USE OF MUNICIPAL AQUATICS FACILITIES 11 CBJAC 02.010 - Policy. The policy of the City and Borough of Juneau concerning the commercial use of municipal aquatics facilities is to: (a) Maintain and improve aquatics facilities for their primary use by the public; (b) Offer aquatics programs and lessons that respond to community needs and meet high standards for training, quality, and safety; (c) Establish consistent rules and conditions for the commercial use of municipal aquatics facilities; and (d) Charge for commercial use of municipal aquatics facilities in order to generate a fair and reasonable return for the public. (Eff. xx/xx/xx) 11 CBJAC 01.020 - Facilities regulated. These regulations apply to all municipally owned aquatics facilities, including the grounds of such facilities. (Eff. xx/xx/xx) 11 CBJAC 01.030 - Permit required. (a) No person may conduct commercial activities in facilities subject to these regulations except as authorized by a permit issued by the Director of the Parks and Recreation DepartmentAquatics Manager. A permit under this chapter is not required for activities conducted by an organization under an agreement with the City and Borough. (b) The Director Aquatics Manager may issue a permit for commercial activities only upon a determination that the proposed use: (1) Will not damage or degrade the facility or impair the public’s enjoyment of the facility; (2) Will not endanger the public health, safety, and welfare; and (3) Is consistent with established policiesfacility rules and standard operating procedures. (c) A permit may include reasonable conditions, including limitations as to time, area, equipment, parking, noise, training, certification, insurance, and other factors. (d) If the cumulative impact of proposed uses would exceed the appropriate level of commercial use for the facility, the Aquatics Manager Director shall not award any permits for that facility until the following procedure is followed: (1) The Aquatics Manager Director shall notify all members of any group of applicants whose applications, taken together, propose uses that would exceed the appropriate level of commercial use for a facility. The notice shall identify the nature and extent of the impacts exceeding the appropriate level of use, and shall invite the applicants to confer among themselves for the purpose of negotiating a resolution to the excess impacts issues.  (2) The applicants may re-submit their applications, which may be granted if the Aquatics Manager Director finds that the excess impact issues have been resolved and the applications otherwise meet the requirements of this section. (3) If excess use issues remain unresolved, the Aquatics Manager Director shall determine which of the proposals offers the greatest benefit to the public and maximum value to the City and Borough. In making this determination, the Aquatics Manager Director shall consider past performance, impacts of the activity, mitigation, whether the applicants are responsive and responsible, and the policies set forth in 11 CBJAC 02.010. (4) The Aquatics Manager’s Director’s decision may be appealed to the City Manager by filing a notice of appeal with the Clerk’s Office within 10 days of the Aquatics Manager’s Director’s decision, setting forth the reasons for the appeal. The City Manager will take up the appeal within 10 days. The City Manager’s decision to deny a permit shall constitute a final agency action subject to appeal in accordance with CBJ 01.50.020(b). (e) A permit is transferable only with the permittee's entire business interest in activities conducted under the permit and only to a person who has successfully completed the permit application process. No credit will be given for any permit payments made by the previous holder of the permit. (f) No permit shall be issued to any person or entity delinquent in the payment of fines, taxes or other monies owed to the City and Borough. (Eff. xx/xx/xx) 11 CBJAC 01.040 - Application process. (a) General requirements. (1) Applications for permits will be accepted only from persons who have the legal authority to act in accordance with the permit. All applications must be signed by the owner(s) of the business to be subject to the permit. (2) All applications for permits must be on forms provided by the department. Applications will not be considered unless they are complete, signed, accompanied by the applicable fee, and filed together with any required attachments or exhibits at the offices of the Parks and Recreation Department during regular business hours. (b) Application information. (1) Applicant information. (A) The application shall identify each individual or business entity responsible for the use intended; (B) The application shall include the physical address, mailing address, and phone number for each person, owner, and company responsible for the use intended; (2) Proposed use. (A) The application shall include a description of each proposed use, providing sufficient detail to allow the Department to determine the effect of the use on the facility and impacts, if any, to the public; (D) The application shall include a description of the maximum number of customers anticipated on a daily, monthly, and annual basis. (3) Fees to be charged by permit holder.  (A) The application shall include a schedule of fees and charges to customers and a description of any collection, disbursement, royalty, commission or similar arrangements with others. (Eff. xx/xx/xx) 11 CBJAC 01.050 - Permit fees. (a) Application Fee (1) The applicant shall pay a nonrefundable fee, established by the manager, which fee is intended to recover the full cost of processing the application for a commercial use permit. (b) Permit Fee (1) The applicant shall pay a fee, established by the CBJ Aquatics Board, which fee will give the City & Borough of Juneau a fair and reasonable return in light of the cost of administering the activity permitted under the permit, the impact of the proposed activity on the facility, the cost of any improvements required, and the value of the benefit conferred upon the user. (c) Standard admission fees shall be paid by all persons engaged in the authorized activity, including the permittee. Annual passes, employee discounts, punch cards, and other passes are valid for commercial activities. (d) Fees shall be calculated on a daily basis, per person. The fee shall be paid to the Department by the 15th day of each month for fees owed in the previous calendar month. All payments shall be accompanied by a completed activity report on a form provided by the Department. Fees and charges not paid by the 15th day of each month will be considered delinquent and subject to the interest provisions established in CBJ Code 1.41. (Eff. xx/xx/xx) 11 CBJAC 01.060 - Insurance and indemnification. Prior to issuance of a permit, the permittee must provide the Department with a broker's certificate of insurance showing that the permittee has obtained public liability insurance in the amount and for the risks determined by the risk manager of the City and Borough of Juneau for the proposed use. The certificate must establish that the City and Borough is named as an additional insured on the policy, and that the insurer shall notify the City and Borough if the policy is modified, canceled, or terminated. Permittees, upon acceptance of a permit, shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City and Borough of Juneau from any and all claims for injury or damage to persons or property suffered in connection with the permittee's activities unless such injury or damage is caused by the gross negligence of the City and Borough of Juneau. (Eff. xx/xx/xx) 11 CBJAC 01.070 - Permit duration. (a) Permits may be authorized for a maximum of one (1) year from the date of issue. (b) Permits are valid only for the dates, times, activities and facilities specified. (c) Permits are not renewable. Issuance of a permit shall not entitle the permit holder to any priority or preferential consideration for subsequent, new, or additional permits for the same or related uses or areas. A new application must be submitted each permit period, for each permit. (d) The Aquatics Manager director may issue a temporary permit at any time, valid for no more than 30 days and not renewable. The application process for a temporary permit shall be the same as the other permits. (Eff. xx/xx/xx) 11 CBJAC 01.080 - General operating requirements. (a) Permittees shall have a copy of the permit available for inspection while engaged in activities authorized by the permit. (b) Permittees are responsible for their actions and those of their agents, employees, and/or customers while engaged in permitted activities. The following operating requirements apply to activities conducted under the permit unless otherwise specified in a permit. (1) Commercial use of aquatics facilities shall be limited to public swim periods. (2) No advertising or solicitation is permitted within any municipal aquatics facility. (3) No alterations or improvements to the facility are allowed, nor may anything be posted or signs of any kind be displayed in the facility. (4) The permit holder shall promptly notify the Aquatics Manager of any accident, injury or claim relating to the permitted activity. (5) The permit holder shall promptly notify the Aquatics Manager of any repair or maintenance needed within the facility, or of any conditions which constitute a hazard. The permit holder shall not make any repairs or alterations to the facility. (6) Permit holders shall comply with all CBJ policies, rules and regulations; as well as all applicable state, federal, and local laws. (7) Permit holders shall properly dispose of all litter resulting from their use of the facility. (8) The permit holder shall reimburse the City and Borough of Juneau for any damage to municipal property caused by the permittee, their clients, or their use of the facility, including cleaning costs. (9) No equipment or supplies may be stored at any municipal facility. (10) No pets shall use an aquatics facility. (Eff. xx/xx/xx) 11 CBJAC 01.090 - Enforcement and penalties. (a) A permit may be suspended by the Aquatics Manager director without advance notice for a period not to exceed ten days if any activities conducted under the permit present an immediate danger to the public health, welfare, or safety. (b) A permit may be suspended or revoked by the Aquatics Manager Director upon a written finding that the permittee has violated these regulations, failed to comply with permit conditions, engaged in fraud or negligence, or misrepresented the nature and substance of the commercial activity. The permittee shall be provided at least 10 days’ notice and an opportunity to be heard at an informal hearing on the suspension or revocation. The Aquatics Manager’s Director's decision may be appealed to the City Manager by filing a notice of appeal with the Clerk’s Office within 10 days of the Aquatics Manager’s Director’s decision, setting forth the reasons for the appeal. The City Manager will take up the appeal within 10 days. The City Manager’s decision to deny a permit shall constitute a final agency action subject to appeal in accordance with CBJ 01.50.020(b). (Eff. xx/xx/xx) 11 CBJAC 01.100 - Definitions. As used in this chapter: "Commercial use" [and] "commercial purpose" mean the sale, delivery, or solicitation to provide, goods or services in exchange for valuable consideration. The term includes a service offered in conjunction with another sale of goods or services whether or not it is incidental to, advertised with, or specifically offered in the other sale. All instruction, lessons, classes, and other services are commercial activities if any payment or valuable consideration through barter, trade, cash or other commercial means is required, expected or received. "Department" means the City and Borough of Juneau Parks and Recreation Department. "Director" means the supervisor of the City and Borough of Juneau Parks and Recreation Department or such person as may be designated by the manager to administer these regulations. "Municipal aquatics facilities" [and] “pools” mean all swimming pools and related buildings and grounds owned by the City & Borough of Juneau. "Permittee" or “permit holder” means the business entity or its authorized representative conducting commercial activities in an aquatic facility according to a permit issued under these regulations. "Person" means a natural person, firm, partnership, corporation, association, or other entity organized for a common purpose. (Eff. xx/xx/xx)