[Ord. No. 04-04-03 §§1 — 9, 5-7-2004]
A. Setting Aside The Last Full Weekend In September As The Heritage
Reunion Weekend — Scope Of Reunion.
1. The last full weekend of September 2004, and each successive year
thereafter is hereby designated and reserved in the City of Fair Grove,
Missouri, as Heritage Reunion Weekend.
2. The Reunion hereby licensed by the City of Fair Grove shall include,
but not be limited to, the display and sale of works of art, crafts,
food and beverages and the display and demonstration of certain machinery,
skills, and techniques consistent with the historical theme of the
celebration.
3. The Society shall establish rules and regulations pertaining to the
organization, participation, cleanliness, ventilation, and quality
standards of the Heritage Reunion to the extent that same are not
inconsistent with the laws of the State of Missouri and the ordinances
of Fair Grove, Missouri. Such rules shall be present on the application,
and available for inspection by interested persons at all times during
the Heritage Reunion.
B. Permits For Participation In Heritage Reunion Weekend — Special
Event Licenses. In recognition and consideration of the benefits arising from and relating to the Heritage Reunion, The City of Fair Grove, Missouri, hereby delegates to the Society the right, privilege and authority to occupy, use, and license the occupation and use of certain streets, avenues, alleys and other public places designated in Subsection
(C)(1)(a —
e) and subject to the conditions and restrictions as set forth in this Section.
[Ord. No. 83, 8-13-2013]
1. Authority to issue permits. In order to protect the public health, safety and welfare (to promote the City and Historic Society) and to provide an orderly process for the use of limited City right-of-way and public spaces, the Board of Aldermen hereby delegates to the Society the right to license all persons, entities and any crafters or peddlers using City rights-of-way during the annual Heritage Reunion and within the streets and right-of-way described in Subsection
(C)(1)(a —
e) below, in operation solely for the purpose of deriving monetary or other gain from patrons of the Heritage Reunion, other than those businesses holding full business licenses from the City and transacting that licensed business.
2. Requirement of permit. No person shall organize, produce, direct, conduct, manage, institute, carry-on, sell, hawk, peddle or solicit any activity when the areas described in Subsection
(C)(1)(a —
e) below are closed for the Heritage Reunion without a permit first being issued by the Society. No person shall participate in any way, in any activity for which a permit has not been issued or any activity for which a permit has been suspended or revoked.
3. Interference with specific events. No person shall
knowingly join or participate in any activity in violation of any
of the terms, conditions or regulations of the permit issued therefor,
or knowingly join or participate in any activity without the consent
and over the objection of the permittee or in any manner interfere
with the orderly conduct of such event. It shall be unlawful to park
a motor vehicle in an area that is barricaded to traffic or closed
to parking without first obtaining a permit from the Society.
4. Permit application. An application for permit on
a form approved by the Society shall be filed with the Society within
a reasonable time to be determined by the Society. Such application
shall be signed by the applicant or his/her authorized agent and shall
be accompanied by a fee to cover the administrative costs of the Heritage
Reunion. The amount of the permit fee shall be approved by the Board
of Aldermen. Applications for permits shall be acted upon within a
reasonable time.
5. Permit, granting or refusal. The refusal of any
permit by the Society shall be final unless a written appeal is filed
as provided elsewhere in this Section. Failure to file an appeal within
ten (10) days after a letter is mailed denying a permit shall constitute
a waiver of the right to such appeal.
6. Permit, granting conditions. As condition to granting
such permit, the Society may impose reasonable terms and regulations
concerning the time and place of such specific event; the area and
manner of conducting such activity; the maximum number of persons
participating therein; the number and type of signs and barricades
to be provided by the applicant, if any, together with a plan for
their disposition attached to the application; and such other requirements
as it may find reasonable and necessary for the protection of persons
and property. Any person who has been granted a permit shall cause
the permit to be publicly displayed at all times during the Heritage
Reunion.
7. Permit, denial. The Society shall not issue any
permit if it finds any of the following conditions are not met:
a. The application is not on the form provided or does not contain the
required information;
b. The applicant has knowingly made any false, misleading or fraudulent
statement of material fact in the application for permit;
c. The building, structure, equipment or activity does not comply with
or fails to meet all of the zoning, fire and safety requirements or
standards of all of the ordinances of the City, applicable thereto;
d. The activity or location of the activity is such as to interfere
with or unreasonably obstruct the free flow of pedestrian traffic
on the sidewalk;
e. The conduct of the specific event will be contrary to law;
f. The conduct of the specific event will unreasonably interfere with
the preservation of the public peace, health, safety or welfare;
g. The applicant has had a similar specific permit denied for good cause
within one (1) year prior to the application and can show no material
change in circumstances since such denial;
h. The applicant does not meet the requirements and guidelines for participation
in the Heritage Reunion as published by the Society; and,
i. The applicant refuses to agree to, abide by or comply with all conditions
and regulations attendant upon such specific event permit.
8. Suspension or revocation of permit. A permit for
an activity issued under this Section may be suspended or revoked
by the Society at any time, provided notice is given to the permittee
setting forth the reason for the suspension or revocation with an
opportunity for a hearing on the suspension or revocation when:
a. There is reasonable cause to believe that any of the grounds exist
for which the original application for permit would have been denied;
or
b. There is reasonable cause to believe that the health, safety and
welfare of persons or property would be endangered because of real
or threatened disaster, public calamity, riot, or other emergency.
9. Right of appeal. An appeal from suspension, revocation
or denial of a permit by the Society may be made to the City Mayor
within ten (10) days after service of notice of such action on the
applicant or permittee. Such appeal shall be in writing, setting forth
fully the grounds upon which the appeal is based, and shall be filed
with the City Clerk, who shall forward copies to the City Mayor and
members of the Board of Aldermen. If the City Mayor upholds the decision
of the Society any appeal from such decision must be filed within
thirty (30) days in accordance with procedures set forth in Chapter
536, RSMo.
10. Garage sales. Notwithstanding any other provisions of the City's ordinances to the contrary, no person shall conduct a garage sale in those areas described in Subsection
(C)(1) during the time when the Heritage Reunion is being held.
11. Each person or entity issued a permit by the Society for purposes
of the Heritage Reunion shall obtain a special event license from
the City of Fair Grove. The Society may assist the City Clerk in obtaining
such license on behalf of the person or entity.
C. Designating That Portion Of The City Of Fair Grove To Be Set Aside
For The Heritage Reunion And Closing Certain Streets Therein.
1. Erecting of banners, closing of certain streets and other regulation of parking and traffic, parade: The Society shall be authorized to establish the Heritage Reunion in the City in and around the public areas designated in this Section and such private property as the Society obtains permission to utilize. The structures, stands and the like authorized by the Heritage Reunion shall not prevent or interfere with the passage of emergency vehicles or deny reasonable access to persons residing in the areas designated below. The Society is authorized to, at an appropriate location on an annual basis, erect and remove across-the-street banners for the Heritage Reunion and the closing or other regulation of certain streets as set forth herein beginning on a Friday at 5:00 P.M. to 12:00 Midnight Sunday during the Heritage Reunion for the purpose of promoting and conducting the Heritage Reunion, pursuant to the regulations and requirements set forth in Subparagraph (2) of this Subsection
(C). The streets affected are as follows:
[Ord. No. 240, 1-10-2023]
a. Streets closed. Main Street from Highway 125 to
Walnut Street shall be closed to all traffic except as necessary to
conduct such parades as the Society deems appropriate, or unless authorized
by the Society and/or the City and for the passage of emergency equipment.
b. Streets converted to one-way traffic. Beginning
at the intersection of Main Street, Maple Street traffic shall be
one-way east to the intersection of Golden Street; Golden Street traffic
shall be one-way north to Walnut Street; Walnut Street traffic shall
be one-way west to Main Street; and Main Street shall be one-way traffic
south to Maple Street.
c. Streets on which no parking is allowed. The following
streets shall have no parking on or alongside any street: Highway
125 between Highway 65 and Grove Road; Hickory Street between Swan
Street and Main Street; Main Street between Walnut Street and Saddle
Club Road and on Orchard from Highway 125 to Draper Street; Walnut
Street between Golden Street and Main; Golden Street between Walnut
Street and Maple Street; and Maple Street between Golden Street and
Main. This shall not prohibit the parking of vehicles on private property
with consent of the owner of said property.
d. Parade. The Society may conduct a parade on Saturday
of the Heritage Reunion subject to such restrictions, as it deems
appropriate. The route of the parade shall originate in the vicinity
of Draper Street near the High School, travel in a southwardly direction
along Orchard Blvd. to Highway 125, east on Highway 125 to Main Street
and south on Main Street to Maple Street. During the time of the parade,
the above referenced streets shall be closed to traffic.
e. The Society shall have the right to erect such banners as reasonably
necessary to advertise the Heritage Reunion for a reasonable time
prior to and during the Heritage Reunion.
2. Conditions and requirements. Use of City rights-of-way
and public places shall be subject to the following requirements:
a. The Society shall provide proof of insurance to the City that the
Society possesses a policy of insurance providing at least the statutory
minimum requirements for liability insurance as required by the State
of Missouri, providing sufficient property damage insurance, and demonstrating
that the City is an additional insured under the policy;
b. The Society provide the City with assurances, which will include
a bond or cash, in the amount of two thousand five hundred dollars
($2,500), that the area will be cleaned up within two (2) days after
the activities have concluded and this bond shall be on file at City
Hall by the first (1st) day of September;
c. The Society provide sufficient orange construction type barriers
to completely block the street at each end;
d. Permittees of the Society limits the activities in the areas described in Subsection
(C)(1) to those activities consistent with and necessary for the Heritage Reunion;
e. The closure of the streets described in Subsection
(C)(1) shall be limited to the hours set forth herein, and that the Society shall provide at least a twelve (12) foot lane for emergency vehicles in any such area designated by the Fire Chief of the Fair Grove Fire District, and that the Society shall further comply with all other requirements of the Police Department, Fire Department, and such other City departments as may have an interest in the health, safety and welfare of citizens or visitors, in order to protect the public health, safety and welfare of citizens or visitors resulting from the activities in the areas described in the closed portions set forth herein.
f. The Society shall have personnel at each barricade to permit the
entry of emergency response equipment should the need arise;
g. If the Society feels concern about security or crowd control, then
the Society is responsible for hiring of sufficient security personnel
for the duration of the Heritage Reunion;
h. The Society shall agree with any and all other conditions required
by the City to protect the public health, safety and welfare of the
citizens and visitors during the Heritage Reunion.
D. Retention Of Police Powers. The City of Fair Grove shall
in all respects maintain its fundamental Police powers including the
authority to regulate traffic and enforce the laws of the State of
Missouri and the ordinances of the City of Fair Grove, Missouri.
E. Indemnity. The Society, its successors and assigns, in the
construction, maintenance and operation of the Reunion shall use all
reasonable and proper precautions to avoid damage or injury to persons
or property and shall indemnify and hold harmless the City from any
and all claims for personal injury or property damage caused by its
operation of the Heritage Reunion. This Section shall not be assignable
or subrogated by the City and is not intended for the benefit of any
other person, company or entity besides the City of Fair Grove, Missouri.
F. Compensation For Franchise. As consideration and compensation
for the franchise herein granted, the Society shall pay to the City
a seventy-five dollar ($75.00) license fee or at a fee established
by the Board of Aldermen. Said payment shall be paid annually on the
first (1st) day of June each year of the franchise.
G. Violations. Any activity on the last weekend of September within the areas defined in Subsection
(C)(1) which may constitute crafting, hawking, peddling, soliciting, street sales, or other activities reserved for the Heritage Reunion, for which a permit has not been issued by the Society and the City shall be considered a violation of this Section. Any person or entity violating this ordinance shall, for each Section, be punished by a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00).
H. Governing Law. This franchise is granted under and in conformity
with the laws of the State of Missouri, and is subject to all conditions,
limitations and restrictions provided therein.
I. Severability. In the event any Section, Subsection, clause,
paragraph or provision of this Section is held invalid by any competent
court of record, such invalidity shall not affect the validity of
said ordinance as a whole, or any part thereof, other than the part
declared invalid.