BUSAN METROPOLITAN CITY ORDINANCE ON THE MANAGEMENT AND OPERATION OF THE HAEUNDAE ARBORETUM
Enforcement Date: Sep. 25, 2024
Enacted by Busan Metropolitan City Ordinance No. 7391, Sep. 25, 2024
Busan Metropolitan City (Green Urban Forestry Division)
- Article 1 (Purpose)
- The purpose of this Ordinance is to prescribe matters necessary for the efficient management and operation of the Haeundae Arboretum pursuant to the Act on Urban Parks and Green Areas.
- Article 2 (Location)
- The Haeundae Arboretum (hereinafter referred to as the “Arboretum”) shall be located at and around lot number 24, Seokdae-dong, Haeundae-gu, Busan Metropolitan City.
- Article 3 (Definitions)
- The terms used in this Ordinance are defined as follows:
- 1. The term “park facilities” means facilities under subparagraph 4 of Article 2 of the Act on Urban Parks and Green Areas, including landscaping facilities, sports facilities, convenience facilities, and park management facilities of the Arboretum;
- 2. The term “sports facilities” means gate ball courts, basketball courts, badminton courts, foot volleyball courts, soccer fields, tennis courts, futsal fields, etc.;
- 3. The term “child” means a person under Article 3 of the Child Welfare Act;
- 4. The term “citizen participation” means participation by all citizens in various programs so that they may use the Arboretum conveniently and safely and enjoy wholesome leisure activities.
- Article 4 (Arboretum management plan)
- To ensure efficient management and operation of the Arboretum and to encourage active citizen participation, the Mayor of Busan Metropolitan City (hereinafter referred to as the “Mayor”) shall, each year, formulate and implement an Arboretum management plan including the following:
- 1. Plans for budget execution necessary for managing and operating the Arboretum;
- 2. Matters concerning maintenance and repair of green areas and facilities;
- 3. Matters concerning the development and operation of various citizen participation programs (hereinafter referred to as “Programs”) under Article 5;
- 4. Other matters necessary to publicize and vitalize the Arboretum.
- Article 5 (Operation of Programs)
- (1) To vitalize the Arboretum, the Mayor may operate Programs.
- (2) The Mayor may develop Programs directly or implement them through public offerings. In such cases, Programs shall be implemented so that diverse citizens can participate, taking into account gender, age, and disabilities, etc.
- (3) In operating Programs under paragraphs (1) and (2), the Mayor may collect participation fees. In such cases, the participation fees shall be determined by the Mayor in consideration of actual expenses, etc.
- (4) The Mayor may entrust all or part of the operation of Programs to nonprofit private organizations or corporations with expertise in forest-experience education, etc. In such cases, the Mayor may subsidize necessary expenses within budgetary limits.
- Article 6 (Opening of facilities)
- (1) To promote citizens’ health and leisure, the Mayor shall, except in special circumstances, open the Arboretum to citizens; provided, this shall not apply where unavoidable due to events or the construction or repair of park facilities, etc.
- (2) The closing days and visiting hours of the Arboretum, as well as the hours of use of sports facilities shall be as set forth in Appendix 1; provided, the Mayor may adjust them where necessary for efficient use of the Arboretum.
- (3) The Mayor shall post information regarding usage fees by sports facility, opening hours, users’ rules, and methods of use in a place readily visible to citizens.
- (4) Where, pursuant to the proviso to paragraph (1), the Arboretum is not opened, the Mayor shall in advance post the reasons therefor and the period, etc. on the website of Busan Metropolitan City (hereinafter referred to as the “City”) and in a place readily visible to citizens.
- Article 7 (Permission to use sports facilities)
- (1) A person who intends to use sports facilities of the Arboretum shall obtain permission from the Mayor, and the same shall apply where the permitted matters are to be changed.
- (2) A person permitted under paragraph (1) (hereinafter referred to as the “User”) shall, upon the end of the period of use, promptly remove any temporary facilities installed and restore the site to its original state.
- (3) Methods for applying for permission, etc. under paragraph (1) shall be prescribed by Rules.
- Article 8 (Priority of use)
- Where 2 or more persons compete to use sports facilities at the same time, the Mayor shall determine priority in accordance with fair procedures such as the order of application; provided, priority may be given in the following cases:
- 1. Games, sports events, or other events hosted or organized by the State or a local government;
- 2. Physical education activities conducted by schools of all levels to promote students’ physical fitness and to encourage sports activities;
- 3. Various sports-promotion events in which at least 10 children whose address is in the City participate.
- Article 9 (Cancellation of permission to use)
- The Mayor may cancel permission to use sports facilities in any of the following cases:
- 1. Where facilities are used for a purpose other than those permitted;
- 2. Where the conditions of permission are violated;
- 3. Where the User, without the Mayor’s consent, transfers his or her rights to another person or allows another person to use and benefit from the facilities;
- 4. Where, for reasons attributable to the User, management of the sports facilities is impeded;
- 5. Where facilities are not opened pursuant to the proviso to Article 6 (1).
- Article 10 (Restriction on permission to use)
- To ensure safety management of sports facilities and the protection of Users, the Mayor may restrict use of facilities in any of the following cases:
- 1. Where use is impossible due to natural disasters or other force majeure;
- 2. Where it is necessary in the public interest to restrict permission to use due to acts causing severe noise or odors, or acts offensive to others.
- Article 11 (Usage fees)
- (1) A person who intends to use sports facilities shall pay the usage fees set forth in Appendix 2 no later than 3 days before the date of commencement of use.
- (2) The imposition and collection of usage fees and procedures for filing objections under paragraph (1) shall be governed by Article 157 of the Local Autonomy Act.
- Article 12 (Reduction or exemption of usage fees)
- Where any of the subparagraphs of Appendix 3 applies, the Mayor may reduce or exempt usage fees, and if 2 or more grounds for reduction or exemption apply, the highest reduction rate shall apply.
- Article 13 (Refund of usage fees)
- (1) The Mayor shall refund all or part of the usage fees in any of the following cases; provided, no usage fees shall be refunded where permission is canceled for any reason under subparagraphs 1 through 4 of Article 9.
- 1. Where use of facilities is impossible due to natural disasters or other force majeure;
- 2. Where use of facilities is difficult due to events of the City or circumstances related to facility management and operation;
- 3. Where the User requests cancellation of permission to use.
- (2) Standards for the refund of usage fees under paragraph (1) shall be as set forth in Appendix 4.
- Article 14 (Obligations of Users)
- (1) Users of sports facilities shall endeavor to prevent safety accidents and environmental pollution.
- (2) Where, for reasons attributable to the User, sports facilities are lost or damaged, the User shall restore them to their original state or immediately compensate for the damage.
- (3) Where an accident occurs due to an event or game organized by the User of sports facilities, the User shall bear responsibility therefor.
- Article 15 (Delegation of authority)
- The Mayor shall delegate authority over affairs concerning management and operation of the Arboretum, as well as the collection of usage fees under this Ordinance to the director of the Busan Green City Cultivation Office.
ADDENDUM
Ordinance No. 7391, Sep. 25, 2024
- This Ordinance shall enter into force on the date of its promulgation.
