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beverage container made of glass into any City park, open space area, or County park within the <br /> City limits. <br /> 1.072 WAIVER. <br /> The Executive Director may, by administrative order, temporarily waive any of <br /> the requirements of these rules upon finding that such waiver is in the public interest and will not <br /> seriously prejudice or infringe upon the use and enjoyment of a park, open space area, or pazk <br /> facility by others. The order shall specifically state the rule provision being waived, the time <br /> period to which the waiver is applicable, and the reason(s) for the waiver, which must support <br /> the required finding. Any waiver granted under this authorization shall be limited to the specific <br /> time ancVor place set forth in each order, and shall not be construed to be a continuing waiver of <br /> that or any other provision of these rules, or an agreement to waive such rule at any future time <br /> for that or any other person or entity. <br /> 1.074 PARKS AND OPEN SPACE DIVISION HEARING AND APPEAL <br /> PROCEDURE. <br /> (1) Any person who has received a notice issued pursuant to subsections <br /> (3)(a) or (3)(b) of Rule 1.005 that restricts their future use of pazk or open space areas may <br /> request an informal hearing to contest the notice. <br /> (2) The request for an informal hearing must be in writing and filed with the <br /> Parks & Open Space Division Director ("the Division Director") at the location indicated on the <br /> notice within 48 hours (exclusive of weekends) of receipt of the notice. <br /> (3) The Division Director shall schedule a time and place for the informal <br /> hearing to be conducted, which shall be not more than 72 hours (exclusive of weekends) of <br /> receipt of the request for hearing. <br /> (4) At the informal hearing the Division Director shall consider testimony <br /> from the City personnel involved in the incident that resulted in the notice, testimony from the <br /> person requesting the hearing, and testimony from any other witnesses to the incident. The <br /> Division Director may exclude anyone from the informal hearing, other than the person that <br /> requested the hearing, that is not presenting testimony to the Division Director. <br /> (5) Within 72 hours of the informal hearing the Division Director will issue a <br /> written decision affirming, modifying, or canceling the notice. The decision shall be delivered or <br /> mailed to the person that requested the hearing on the date issued. <br /> (6) The written decision of the Division Director shall be final unless the <br /> person that is subject to the decision appeals the decision by appearing at Municipal Court at the <br /> <br /> Administrative Order No. 58-OS-10-F Page 22 of 22 <br /> C:\Documents and Settings\cewakjl\Local Settings\Temporary Internet Files\OLK16C\OS Park-Open Space Rules - 2ao (0013133?).DOC <br /> <br />