[HISTORY: Adopted by the City Council of
the City of Northampton 7-21-1994 (Ch. 4, Art. VI, of the 1977 Code); amended in its entirety 3-6-1997. Subsequent
amendments noted where applicable.]
The City Council shall have the authority to
grant a permit for a temporary event on a parcel or parcels of land
notwithstanding the fact that said temporary event constitutes a use
or uses which are not permitted in the zoning district in which the
parcel(s) is/are located. The following criteria shall apply:
A.
The permit shall be valid for such period as the City
Council may determine. The authorized permit period shall include
the time required to set up and remove any structures, accessory equipment,
fences, or other paraphernalia and to remove same. All such activities
must be completed within the specified time period.
B.
The event must be sponsored and managed by a governmental,
civic, nonprofit, not-for-profit, religious, or public/nonprofit educational
organization or institution. The organization or institution need
not be the owner of the property on which the event is to take place.
C.
The event must be for the benefit or purposes of the
sponsoring organization/institution or for the benefit of a charity,
charitable cause, or any other purpose which contributes to the public
welfare. An event intended to raise funds for or further the political
candidacy of any incumbent or candidate for public office shall not
be eligible to receive a permit under this chapter.
D.
Any permit issued shall specify a maximum attendance
allowed for the permitted event.
E.
The Council shall have the right to limit the number
of temporary events permitted under this chapter to be held at any
one site in a calendar year.
A.
Preliminary to filing an application for a temporary
event permit, the sponsoring organization shall file a Zoning Request
Form and receive a determination from the Building Commissioner on
whether a temporary event permit is required. If a temporary event
permit is deemed as needed, the Building Commissioner will also provide
a list of the other City departments from which the applicant must
secure permits before final action on the application will be taken
by the City Council.
B.
Any applicant for a temporary event permit under this
chapter shall submit a written request for said permit to the City
Clerk's office at least 120 calendar days prior to the date of the
event. The application shall be on the form provided by the City Clerk
and shall include the following information:
(1)
The name and address of the sponsoring organization.
(2)
Status (government agency, civic organization, etc.)
and proof of status of the organization.
(3)
Names, addresses, and telephone numbers of three representatives
of that organization.
(4)
All names under which the event and tickets will be
promoted, publicized, or sold; indication whether the name of the
sponsoring organization will appear on the tickets.
(5)
Names, addresses, and telephone numbers of promoters
or other organizations, local and outside of region, engaged, subcontracted,
or hired to manage or organize the event on behalf of the sponsoring
organization, and a list of the last five event sites at which such
promoters managed or organized a comparable event.
(6)
The dates and operating hours of the event, including
setup and breakdown times.
(7)
An accurate and detailed description of the event
including a detailed site plan.
(8)
Any other nonprofit or for-profit events or activities
to be held concurrently, during all or part of the time of said event
and on same or contiguous property for which the permit is sought,
as well as names, rubrics, or titles under which said other activities
will be publicized including:
(9)
Names of all headliners which may attract crowds larger
than 500 people; names of any groups which are part of a tour.
(10)
Attendance projected; attendance at prior events
organized by the sponsoring group in Northampton; if there are regional
or national promoters, attendance figures at similar events in other
locations.
(11)
If similar events have been held by any groups
involved, documentation or copies of previous programs and publicity.
(12)
If this is a fund-raising activity or an activity
with entrance fees:
(a)
A statement of ticket fees or any other charges;
(b)
Names of companies, groups, and vendors who
will be making a profit off the event;
(c)
Projected gross revenues to be generated by
the event;
(d)
Rental fees associated with the use of the site;
(e)
Projected net revenues to the sponsoring organization;
(f)
Projected use of anticipated revenues by the
sponsoring organization;
(g)
A final report indicating actual gross revenues
generated by the event and actual revenues to the sponsoring organization
from the event, to be submitted to the City Council within 120 days
after the event.
(13)
If the sponsoring organization is not the owner
of the property on which the event is to take place, written permission
of the owner of said property for such use; dates and names of any
other special events which have already been held at this property
in the calendar year.
(14)
Safety and sanitary provisions for the event,
including provisions for crowd control.
(15)
Plans for traffic control and parking provisions
associated with the event.
(16)
A statement of projected impact on the surrounding
neighborhood.
(17)
Estimated noise level affecting abutters and
neighborhood.
(18)
Name, position in sponsoring organization, address,
and telephone number of the person to contact regarding problems that
may arise while the event is in progress.
(19)
Proof of insurance to be provided for the event
in an amount acceptable to the City Council, but in no event less
than $100,000/$300,000.
After receipt of the application, the City Clerk
shall forward the application to the City Council for preliminary
consideration at the next regular meeting of the Council. Representatives
of the sponsoring organization shall be present to answer any questions
that may arise.
The City Council may, upon majority vote of
those Councilors present and voting, vote to hold a public hearing
on the application. If the Council votes to hold a public hearing,
it shall cause notice of said hearing to be posted at the City Clerk's
office and published, at the applicant's expense, in a newspaper of
general circulation in the community at least seven days prior to
the date of said public hearing. The notice shall contain the name
of the applicant, the location where the event will be held including
the name and address of the owner of the property if the applicant
is not the owner, a description of the event, and the dates and times
of the event. Abutters shall be notified of this hearing, also at
the applicant's expense; proof of notification shall be provided.
[Amended 12-4-2014]
The applicant shall secure all necessary permits
pertaining to the event from City offices and departments, including
but not limited to police, fire, Building Inspector, Board of Health,
Conservation Commission, and Department of Public Works.
If the event is to attract more than 3,000 people,
or if there is any other reason for special concern, upon a majority
vote of those Councilors present and voting, the applicant shall be
required to post a bond to the City in a form acceptable to the City
Solicitor sufficient to cover any damages, expenses, or liability
to the City that might result from the event.
When the foregoing requirements have been completed,
but in any case no later than 75 calendar days before the event, the
City Council shall, by a two-thirds vote of the City Council, vote
to issue or deny the permit. If it issues the permit, the Council
may impose any conditions which it feels reasonable and necessary
to protect the interests of the City, the participants, and the neighborhood
in which the event is to be held. These conditions shall include,
but not be limited to, the following:
A.
Limitations of days and/or hours of operation.
B.
Parking restrictions.
C.
Signage. (Signs may be permitted to be erected for
periods exceeding 72 hours, provided that it is explicitly stated
in the permit granted.)
D.
Provisions for police or other security personnel.
E.
Provisions for temporary sanitary facilities.
F.
Noise levels.
Any temporary events granted a permit hereunder
shall still be subject to all other applicable state and local codes
and ordinances.
[Amended 2-1-2007]
A nonrefundable filing fee as set forth in Chapter
174, Fees, shall be required to cover expenses associated with the
application process for a temporary event permit. This filing fee
is to be paid to the City Clerk when the application is filed.
