POL233 - CARS Use of public open space by personal and group trainers

Transcription

1 Armidale Dumaresq Council Policy POL233 - CARS Use of public open space Applies to: Officer Responsible: Associated Documents: Customer Service Staff, Rangers Sports Coordinator, Manager Civic & Recreation Services Armidale Dumaresq Recreation Plan Personal and Group trainers application form for use of public open space INT/2013/04085 Legislation: Local Government Act 1993 History: Version I: April 2013 G&R Meeting Date: 3 June 2013 Council Meeting: 24 June 2013 Council Minute Number: TRIM File Number: 186/13 (L) A13/5955 INT/2013/04085 Review Date: October 2016 Reasons for Change: New Policy Page 1 of 13

2 Table of Contents 1. Introduction Page 3 2. Aims and objectives Page 4 3. Scope Page 5 4. Application and assessment criteria Page 6 5. Fees and Charges Page 7 6. Permits Page 7 7. Session times and size of groups Page 8 8. Risk Management Page 9 9. Exclusion Zones Page Excluded activities Page General Terms and Conditions Page Termination and Breaches processes Page 12 Page 2 of 13

3 1. Introduction The Armidale community has shown a growing interest in healthy living and lifestyles, which has lead to an increase in the number of personal and group trainers conducting health and fitness programs on Council public open spaces and sporting reserves. While Council recognises the valuable service personal and group trainers provide in maintaining the health and wellbeing of Armidale residents, Council is also required to effectively manage the use of public open space in accordance with the requirements of the Local Government Act 1993 and the values contained within the community strategic plan It is essential for Council to manage open space areas and Personal and Group Trainers to ensure Compliance with section 68 of the Local Government Act which states: (1) A person may carry out an activity only with the prior approval of the council, except in so far as this Act, the regulations or a local policy adopted under Part 3 allows the activity to be carried out without that approval. Personal and group trainers conduct their commercial fitness activities in a safe and appropriate manner that does not place a potential liability burden upon the community. Risk management and litigation issues are addressed in a formal use agreement between Council and personal and group trainers. Page 3 of 13

4 2. Aims and objectives 2.1 The personal and group training Policy has been developed by Armidale Dumaresq Council to establish an application process for personal and group trainers to apply for the use of public open space and recreation reserves. These guidelines also define the condition of use for personal and group trainers and provide the scope of activities permitted on public open space and recreational reserves. 2.2 By implementing these guidelines, Council aims to: Ensure equity of access to public open space and regulate the use of Council land. Reduce the impact of commercial fitness activities on public open spaces and reserves including asset condition and maintenance. Ensure personal and group trainers are appropriately covered by public liability insurance and professional indemnity insurance. Ensure orderly and proper conduct of activities within the municipality without nuisance or disturbance to other reserve users. Activities conducted do not clash with field maintenance programs or adversely affect the condition of public open space and sports fields i.e. increased training activities may deteriorate surface conditions. Personal and group trainers apply to conduct their commercial fitness activities on public open space. Formalise a use agreement between Council and the Personal and Group Trainer. Page 4 of 13

5 3. Scope 3.1 These guidelines apply to the following personal and group trainers and locations: 3.2 Locations Personal trainers and/or health and fitness related professionals including but not limited to group fitness instructors, yoga and pilates instructors, etc who instruct health and fitness activities or provide health and fitness services to one or more clients/people as a registered business. Individual persons who instruct health and fitness activities or provide health and fitness services to one or more clients/people as a registered business. Council owned land including: Parks and reserves Ovals and sporting grounds Walking tracks Any public open space Crown land under Council s trusteeship 3.3 Groups excluded from the personal and group training guidelines These guidelines do not apply to the following groups who apply and qualify as a not for profit organisation conducting health and fitness activities: Individuals in groups of 3 or less undertaking recreational fitness activities within the municipality Community groups conducting recreational activities i.e. walking groups, scouts or mothers groups. Local school groups conducting interschool sports and activities under the supervision of a teacher. However school groups must have an approved sports ground booking. Local sporting clubs and sports associations partaking in sporting competition and training activities for their respective sports. However sporting clubs must have an approved ground allocation/booking. Government Agencies promoting healthy lifestyles. Page 5 of 13

6 4. Application and assessment criteria 4.1 Personal and group trainers are required to apply for the use of a reserve or area of public space by completing the Armidale Dumaresq Council, Personal and group trainers, Applications form and submitting all other relevant documents as outlined below: 4.2 The applicant must be appropriately qualified, hold adequate public liability and professional indemnity insurance. Evidence of the following must be provided at the time of application: Current public liability insurance - a minimum of $10 million A registered professional association membership/affiliation (Fitness Australia, Kinect Australia, Physical Activity Australia, Centrality.) Current First Aid Certificate Current professional indemnity insurance a minimum of $10 million 4.3 Applications are subject to the following eligibility criteria: Applicants have submitted an application and are appropriately qualified as detailed above. Availability and suitability of requested reserve or public open space. The personal or group trainer does not have any outstanding debts to Council. The personal or group trainer s compliance history in meeting the terms and conditions outlined within these guidelines or compliance history within other municipalities. The purpose of use for the requested reserves i.e. one on one personal training or group fitness training. The number of participants. 4.4 When an applicant receives approval from Council the applicant is authorised to use a specified sports ground, reserve or area for fitness activities in accordance with these terms and conditions outlined in this document on a non-exclusive basis. 4.5 Council officers may inspect Personal and Group Trainers conducting their activities and programs to ensure they are complying with the conditions outlined in this document. Page 6 of 13

7 4.6 Applications can be submitted at any time but fees and charges will be levied per financial year in which the application is made. 5. Fees and Charges 5.1 Approved personal and group trainers are required to pay a standard fee to conduct their health and fitness business or program activities on Council land. The fees and charges applicable to Personal and Group Trainers have been developed to be fair and equitable and to ensure personal and group trainers continue to provide their valuable service to the Armidale and surrounding communities. 5.2 The fees and charge for the use of Councils public open space or sports grounds are detailed below: Category Permit Fee Comments Annual Fee Category 1 $75 Per financial year (1 st July 30 th June) Annual Fee Category 2 $150 Per financial year (1 st July 30 th June) Annual Sports Council membership (See below for information on categories) $55 All users of Council grounds must pay this fee to Sports Council per financial year. 6 Permits 6.1 Personal and group trainers will be issued with a permit once application is approved and payment has been received. Permits will be valid from the date issued until the expiry date. Please allow two weeks for a new permit to be issued. 6.2 Information needed for permit includes: Company Name Trainer Name Photo (this can be submitted or taken at time of lodging application 6.3 Permits will be issued in categories Category 1: 1-4 participants, no fixed location, no equipment, non static Category 2: Up to 18 participants, fixed location and own equipment Page 7 of 13

8 Permit Example: EXAMPLE 7 Session times and size of groups 7.1 Council officers will determine the maximum number of persons permitted per training session depending on the nature of the activity, equipment used and area requested. 7.2 Training sessions must not commence prior to 6am and must finish by 9pm. 7.3 Priority for use of space will be granted to community based sporting events. However every effort will be made to find an alternative location. 7.4 Group size must not be more than 18 participants (as recommended by Fitness Australia) 7.5 One on one sessions will be covered under category 1 where no fixed location is required to be identified. Page 8 of 13

9 8 Risk Management 8.1 Personal and group trainers are required to adhere to the risk management and work health and safety legislation requirements as outlined below: The personal and group trainer is responsible for implementing compliant work health and safety and risk management programs and procedures that are considered acceptable practice by their insurer and/or recognised industry body to minimise risk to clients, members of the public and Council workers The personal and group trainer is required to acknowledge that the Council reserves the right, following consultation with the Personal and Group Trainer and/or anybody representing the Personal and Group Trainer, to withdraw the ground allocation, or any part thereof from use and to cancel their permit if Council considers the sporting reserve or allocated space is unsafe and/or is unsuitable for use by the Personal and Group Trainer Council will not be liable for any costs incurred by a Personal and Group trainer related to risk management provisions of the policy Personal and Group trainers will maintain relevant industry memberships, insurances, First Aid training certification and other requirements as determined by the Policy for the durations of an approved permit Personal and Group Trainers must carry an approved permit at all times when undertaking activities under this policy Council does not accept liability for any activities association with the Personal or Group trainer including loss or damage to property of the trainer or any other person associated with the activities of the trainer. Page 9 of 13

10 9 Exclusion Zones 9.1 No fitness training will be permitted in high activity areas and/or areas of cultural, environmental or natural significance. Specific areas where these activities are prohibited include but are not limited to the following: Picnic and BBQ facilities Playgrounds or play equipment 20 metres from any neighbouring residential property Any designated sports fields or facility without a specific booking. Trees, garden beds and vegetation. Park furniture, building and structures. Environmentally sensitive areas such as bushland. Socially or culturally sensitive areas, including memorials, shrines and public art works. Stairways within open spaces and public footpaths. These may only be used for transit but not used for training activity. Any other areas that may be nominated by Council at any time. Any areas that may be temporarily closed by Council. Sporting pavilions or any other sporting facilities managed by Council, i.e. tennis courts, sports club rooms/pavilions. 9.2 Personal and group trainers are only permitted to use the ground/location as specified in their booking. Council will cancel a trainers booking if they are found using areas not specified by Council. 10 Excluded Activities 10.2 The Following activities are not permitted: Aggressive, intimidating or military style activities will not be permitted. Amplified music or use of amplified audio voice equipment The setting up of gymnasium type equipment (e.g. weight benches, weight stacks, stationary bikes, treadmills, steppers etc). Personal and group trainers shall not suspend boxing, kick boxing bags or signage from trees and/or structures in the public reserves. Page 10 of 13

11 11 Permissible Activities 11.2 The following activities are permitted Resistance training Boxing and pad training Organised aerobic activity Yoga, Tai Chi and Pilates classes and like activities Circuit Training A combination of any of the above Other industry endorsed fitness activities having been submitted and approved by Council. 12 General Terms and Conditions Each personal and group trainer approved by Armidale Dumaresq Council is required to comply with the following terms and conditions: 12.1 Shall not assign their rights under agreement with Council or attempt in any other manner to transfer their rights under agreement with Council to any other person or business, it being clearly understood that the permit is issued to a particular person and/or business is not transferable When conducting training on Council reserves shall always conduct themselves in a proper and orderly manner and be considerate to other reserve users and adjacent residents Personal and Group Trainers must ensure all members of the training group are aware and comply with these conditions Personal and group trainers are not permitted to conduct their activities so as not to dominate, monopolise and/or obstruct any stairway or pathway Personal and group trainers must not create any noise from training activities that unreasonably disturb other uses and adjacent residents. Furthermore, no sounds such as music, loud speakers or mega phones are not to be used throughout a training session. The noise from a personal training session should not be heard from outside of the reserve proximity Personal and group trainers are only authorised to provide the training sessions specified in their booking and Permit. Page 11 of 13

12 12.7 Personal and group trainers must only provide activities for which they are suitably qualified and have been approved by Council Personal and group trainers must make good any damage to Council assets that has occurred as result of the activities of the Personal and Group Trainer and will be liable for all costs incurred by Council. Misuse or damage to Council assets must be reported to Council on In the event that the following incidents occur, Council will not be held responsible for any loss of income or earning related to the Personal and Group Trainers operations: Council suspends or terminates the personal and group training permit and/or booking for any breach of these terms and conditions. The Personal and Group trainer is relocated to another location or area. Ground conditions are deemed to be unsafe or unusable. Council temporarily closes a sporting reserve or areas in an effort to conserve ground conditions. 13 Termination, Breaches and Permit Cancellations 13.1 Council reserves the right to cancel a personal and group trainers booking without further notice if in its sole opinion it had determined that the trainer had: Failed to comply with the reasonable direction of an authorised Council Officer. Breached the terms outlines in their permit Breached the terms and conditions outlined in Armidale Dumaresq Council s Personal and Group Trainers Guidelines and/or Policy. Breached the terms outlined contained within the application form. Any overdue payments or outstanding debts to Council Should Council receive numerous or serious complaints about a particular group/trainer or site; Council reserves the right to restrict or cancel the permit. Council will advise the trainer in writing of the nature of the beach, the conditions of the restriction or cancellation of the booking and effective date. Page 12 of 13

13 13.3 Personal and Group Trainers must provide a copy of their permit if requested by a Council Officer/Ranger. If a personal or group trainer fails to provide a copy of an issued permit or does not have a permit confirming Council approval to conduct activities on Council owned land, the trainer will be advised to cease activities until an approved permit can be produced. Repeated breaches of the terms outlined within this policy will incur an on the spot fine of $110 under section 68 of the Local Government Act Personal and Group Trainers that use public open space without approval from Council will receive one warning and be informed of Council s Policy. After this time if the same Personal and Group Trainer is found to be using Council grounds without approval a fine of $220 will be issued under section 626 of the local Government Act Application form Once you have read and understand the conditions outlined in this Policy please complete the separate application form and submit along with payment to Council Rusden Street, Armidale NSW 2350 Page 13 of 13