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(3) That the proposed activity or use is lawful or is not reasonably anticipated to incite <br />violence, crime or disorderly conduct; <br />(4) That the proposed activity will not entail unusual, extraordinary or burdensome expense <br />or police operation by the city except where those costs are paid in advance or a deposit <br />to cover those costs has been provided to the city; <br />(5) That the facilities desired have not been reserved for other use. <br />92.33. - APPROVAL OR DENIAL; APPEAL. <br />Within 10 days after receipt of an application, the administrator shall issue the permit or <br />apprise an applicant in writing of the reasons for denying the permit. Any aggrieved person shall <br />have the right to appeal to the council. Such appeal shall be in writing and shall be filed with <br />administrator within ten days after receipt of the administrator's decision. The city administrator <br />shall place the appeal on the agenda for the next regular council meeting, at which time the <br />applicant may appear in support of their appeal. The council may affirm, deny or alter the terms <br />of the permit. The decision of the council shall be final. <br />92.34. - LIABILITY OF PERMITTEE. <br />The permittee shall be liable for any loss, damage or injury sustained by any person or <br />whatever by reason of the negligence of the permittee or their agents, and shall hold the City <br />harmless for acts or omissions related to the permitted activity. <br />92.35. — REVOCATION OR MODIFICATION. <br />1) The administrator, his designee, or any police officer shall have the authority to modify <br />or revoke a permit upon a suspected violation of law or upon good cause shown which may <br />include but is not limited to weather, park conditions, improper use of park facilities, or use other <br />than defined in the permit. <br />2) The City or its agents shall not be liable for damages related to denial of a permit <br />application, or the revocation or modification of a permit. <br />(92.35-92.39 Reserved for future use) <br />92.40. — VARIANCES <br />Variances to the strict application of this chapter may be granted only by the City Council. <br />92.41 - CITY PERSONNEL. <br />This chapter shall not be construed to prohibit the normal care, operations or functions of the <br />City (including the authorized events of City) or its authorized agents in any public park or <br />public grounds. <br />33 <br />