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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 park <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 and/or 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 park. 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 />(~ 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 />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 (00131337).DOC <br />