[HISTORY: Adopted by the City Council of the City of El Reno 4-14-2015 by Ord. No. 9076. Amendments noted where applicable.]
This chapter shall be known as the "Event Permit Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- EVENT SITE
- The geographic limits of all activities conducted as a part of the event.
- EVENT SITE PLAN
- A diagram approximately to scale depicting all public rights-of-way sought to be closed and utilized for the conduct of the event and the location of any structure, stand, tent, vehicle, sign, restroom facilities, trash receptacles and/or displays to be used while conducting the event.
- FACILITY USE AGREEMENT
- A City-Council-approved use agreement between the organizer and the City of El Reno for repeated or continued use of a City-owned facility designed for or capable of providing adequate functionality of the designed activity. Use agreements for city-owned facilities would be those agreements which are repeated during a twelve-month period and require annual renewal.
- MAJOR EVENT
- An event which can require the closing of less than two consecutive City blocks and should have a duration of less than 12 hours, including setup and teardown time. A major event has minimal impact to City services and City ROW and typically involves 300 or fewer participants at a time during the event (including vendors/guests/entertainment). This type of event requires administrative approval.
- MINOR EVENT
- An event conducted on private property, not open to the public, and not requiring the use of public right-of-way with 100 or fewer participants at a time during the event. This type of event does not require a permit.
- NOISE PERMIT
- An addendum to any permit application for the use of live band or DJ entertainment. This permit is required when the event organizer anticipates having continuous noise exceeding 75 decibels extending beyond the property line measured 25 feet on the adjacent adjoining property between the hours of 8:00 a.m. and 10:00 p.m. in a residential zoning district or 8:00 a.m. and 12:00 midnight in a nonresidential zoning district.
- Any parade, march or procession of any kind in or upon any street right-of-way. Any demonstration of any public meeting, gathering, ceremony, show, exhibition, picketing, rally, pageant, group or crowd assembled or organized to draw public attention for the purpose of conveying a message in or upon any street right-of-way or other public place (exceptions: funerals, military escorts, and oversized equipment escorts). For permitting purposes, a parade shall be classified as a special event.
- PUBLIC RIGHT-OF-WAY
- Any street, sidewalk, alley and or easement dedicated to the public use.
- SPECIAL EVENT
- An event which can require the closing of more than two consecutive City blocks and may have a duration of or greater than 24 hours, including setup and teardown time. Special events typically involve more than 300 participants at a time during the event (including vendors/guests/entertainment), with impact on City service to include City manpower, barricades and fire/police services. This type of event can include the consumption of alcoholic or nonalcoholic beverages on City-owned property, live entertainment (band or DJ), and carnivals. This type of event requires City Council approval.
- Any person or entity engaged in the provision of merchandise, services or food and beverages for a fee at any event or tickets therefor.
[Amended 9-27-2018 by Ord. No. 9158]
Applicants for major and special event permits shall file with the Community Development Department a verified application on a form furnished by the City of El Reno.
Applications will be processed in the order in which complete applications are received. If a scheduling conflict occurs, preference will be given to long-standing annual events with customary dates.
The applicant will ensure compliance with all requirements of the Oklahoma Tax Commission, Canadian County Court Clerk's Office (county alcohol permit), Oklahoma ABLE Commission and license requirements for the sale and/or consumption of wine or beer within the permit area.
Departmental review. The Police Department, the Fire Department, the Community Development Department, and the Public Works Department are responsible for reviewing and recommending the permit applications. The departmental review will determine if the event category (minor, major, special) requested is appropriate for the scheduled event and if a noise permit is necessary. If the review committee determines the event to fall within the minor event category, the application fee will be returned to the applicant. Upon determination of a required noise permit, the review committee will request additional information from the applicant.
A noise permit may be granted for the public or private use of live/DJ entertainment during minor/major/special events only for an effective time period as approved on the permit. A permit may be renewed if an urgent necessity exists. No permit shall be granted beyond the hours of 8:00 a.m. to 10:00 p.m. in a residential zoning district or 8:00 a.m. to 12:00 midnight in a nonresidential zoning district.
The noise permit shall identify the specific location or boundaries where the permit shall apply, the type of noise (live music band/DJ) and the location and source of the noise permitted, the individual or individuals responsible for ensuring compliance with the permit, any organization involved in the generation of the noise to be permitted, dates and times for which the permit is valid, and any other restriction that is pertinent to restrict the noise so as not to be a detriment to the health, comfort, convenience, safety, welfare and prosperity of City residents. A noise permit shall expressly designate a distance, not to exceed 2,500 feet, beyond which the permittee shall not be permitted to create a noise disturbance or excessive noise.
The City Manager or designee may deny a noise permit when it appears that issuing the noise permit would unreasonably and unnecessarily be a detriment to the public health, comfort, convenience, safety, welfare and prosperity of the public. In determining the propriety of the permit request, the City Manager or designee may consider factors including, but not limited to, the following:
The zoning of the involved areas;
The natural acoustics of the area involved;
Whether the permit would impact a noise-sensitive zone;
Impact upon traffic, parking and pedestrian rights-of-way;
Support or objection by adjacent property owners and occupants;
Prior noise complaints involving the same applicant or location;
Past compliance or lack of compliance with noise permits;
Past convictions by the applicant for similar activities in any area of the City;
An insufficient or incomplete permit application;
Insufficient time to process the application;
False or misleading information on the application.
A denial of a permit application shall be issued in writing and shall specify the reason or reasons for denial.
When a citation for violation of the terms of a noise permit is issued, such permit shall be deemed automatically revoked.
The permittee shall maintain a legible copy of the permit at the location and during the period of time for which the permit has been issued. Failure to maintain the permit is a violation.
Any parade, minor event or special event permit issued under the terms of this chapter may be revoked by the City Manager or his/her designee, the Police Chief or his/her designee, and/or the Fire Chief or his/her designee for grounds including, but not limited to, the following:
Fraud, misrepresentation or any false statement contained in the application for the permit;
The organizer conducts the event for which the permit has been issued in an unlawful manner or in such a manner as to constitute a breach of the peace;
The conduct of the event has caused, will cause or will have the effect of an imminent threat to the public health, safety and/or general welfare; and/or
The organizer has failed to comply with all the terms and conditions of the revocable right-of-way use permit.
Upon revocation of the permit, the organizer shall immediately terminate the conduct of the event, and dismantle and remove any improvements and/or obstructions located in any public rights-of-way and the event site, and return the public rights-of-way to the original condition before the event. Revocation for cause shall constitute grounds for denial of subsequent permit requests.
The permit shall be subject to, and subordinate to, any franchise for the use of the public rights-of-way previously or subsequently granted by the City to any public utilities, firms or corporations, and the permit shall further be subject to, and subordinate to, the right and power of the City to construct, operate and maintain any public utilities or public facilities in, above and under the public right-of-way.
During the permit period, the organizer will be authorized to limit motorized-vehicle access to the event site by the placement of temporary barricades as illustrated on the approved traffic control plan.
No fee may be charged for admission to an event site conducted on public rights-of-way.
The organizer is authorized to limit and regulate temporary exhibits, promotional activities, peddlers, entertainers and vendor sales within the event site, provided free unregulated access to permanent businesses and operations of such businesses on private property within or adjacent to the event site shall not be inhibited.
The organizer shall not make or suffer any use of occupancy of the event site contrary to any law, state statute or City ordinance currently in effect or hereafter adopted. At all times during the operation of the event, the organizer shall comply with all requests and requirements made by representatives of the City Manager, Chief of Police, Fire Chief, and/or Director of Public Works of the City with respect to security, surveillance and public safety, traffic control, barricades, pedestrian matters, firesafety and all matters related thereto; and at all times the foregoing City officials and their designated agents shall be allowed to fully inspect the operation of the event and the event site. The organizer shall also comply with the following requirements:
All lane and street closure locations authorized under the permit are shown on the event site plan. All closures shall be in full conformance with the requirements of the current edition of the Manual on Uniform Traffic Control Devices.
The organizer must, if applicable, contact the El Reno Police Department for escorts or traffic control.
Trespassing major or special events onto private property is not permitted. This requirement shall in no way limit permissive use of private property.
There shall be no damage, drilling, painting or construction upon City streets, sidewalks or other public property unless specifically authorized in writing by the Director of Public Works or his/her designated agent.
The organizer shall bear, pay and discharge all taxes, assessments, duties, impositions and burdens whatsoever assessed, charged or imposed within or upon and in connection with the use of the event site by the organizer except as may be exempted by local, state or federal laws or regulations and to deliver to the City the proper and sufficient receipts and other evidence of the prompt payment and discharge of same, if any.
Subject to compliance with all provisions of Subsection E(1), the organizer is authorized to install, place and maintain improvements within the event site during the term of the event, and such installation, placement and maintenance, as well as removal of improvements within the event site, shall be at the sole risk and expense of the organizer.
The organizer shall bear, pay and discharge any and all obligations, costs, fees or expenses incurred by the organizer for the construction, erection and removal of any improvements and/or services provided within the event site or connected with the event, and shall bear, pay and discharge all costs or expenses incurred by the organizer in connection with the maintenance or repair of any such improvements within the event site during the term of the permit.
The organizer shall dismantle and remove any improvements and shall clean up all trash and debris from the event site generated by the event as provided in the permit. In the event the organizer fails to fulfill these obligations in a timely manner, the City shall have the right to do or have done such work and recover the cost of such work from the organizer. Further, failure of the organizer to comply with the provisions of this section shall constitute grounds for denial of subsequent permit requests. The organizer shall indemnify and hold the City of El Reno, and public trusts of which it is the sole beneficiary, harmless from all claims, suits, actions or judgments, including but not limited to all expenses, attorneys' fees, witness fees, and all other costs of defending any such action or claim, or appeals therefrom, arising out of any defect of the event site or from the maintenance, operation or conduct of the event by the organizer, its agents or employees or its invitees, vendors or licensees.
For minor and special events occupying all or a portion of public rights-of-way, the organizer shall obtain and maintain in effect an insurance policy with comprehensive general liability coverage sufficient to pay the City's maximum liability under the Governmental Tort Claims Act (51 Okl.St.Ann. § 151 et seq.) as it may be amended from time to time, covering any alleged liability and costs of defense of the City for any claim under any theory arising in connection with the event. Said coverages shall be effective during the entire term of the permit on an occurrence basis. Said insurance policy shall name the City of El Reno and public trusts of which it is the sole beneficiary, as additional insureds and provide that coverage cannot be canceled or materially modified except upon 10 days' prior written notice to the City of El Reno of said cancellation or modification. The organizer shall pay any and all insurance deductibles that are required to be paid under the insurance policy. An original certificate of insurance with proof of receipts of premium showing compliance with all of these terms and conditions shall be delivered to the City 15 days prior to the Council's consideration of the revocable permit.
The organizer shall assume full responsibility for ensuring the protection of all City property within the event site, including but not limited to streets, sidewalks, trees, plants, shrubs, buildings, and the like. Any damage which may occur to City property will be the responsibility of the organizer if the same occurs within the event site during the term of the event and as a result of the event. This section specifically excludes normal wear and tear as determined by the Director or Public Works.