Chapter 4-6 Special Events.

EXPRESSIVE ACTIVITY – Shall mean conduct, the sole and principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas. Expressive activity includes, but is not limited to, public oratory and the distribution of literature.

PARADE – Shall mean a parade, procession, march, pageant, review, ceremony or exhibition which is conducted in, on, upon or along any portion of any public street, sidewalk or other property owned or controlled by the City, so as to impede, obstruct, impair or interfere with the free use of such public street, sidewalk or other public property of the City. Parades shall be considered special events for purposes of this chapter, and shall be classified according to the categories of special events listed in subsection (c).

SPECIAL EVENT – Shall mean any temporary event, as further described herein, not exceeding 30 days, whether indoors or outdoors, or on improved or unimproved public or private property, which is inconsistent with the permanent use to which the property may legally be put, or the occupancy levels permitted thereon. "Special event" shall also refer to (i) any activity that may result in the closure of any public streets; (ii) any activities which may temporarily require the installation of materials or devices using building, electrical, mechanical, plumbing, flammable or similar materials; and (iii) short-term events such as any show, circus, concert, festival, carnival, dance open to the public, exhibition, lecture, auction, rave, boxing match, wrestling match, walkathon, marathon run, cycling event, sporting event, permitted film production event, farmers' market, pumpkin patch, outdoor sales (including, but not limited to, vehicle sales) or any combination thereof, which members of the public are invited for free or admitted for a fee. All special events shall be classified under one of the following categories:

MAJOR SPECIAL EVENTS – Shall mean those events for which participation by 200 or more persons is expected and/or which will result in the closure of a City roadway, street, right-of-way, or highway, or the occupancy of more than 50% of a City park, for more than eight hours. Examples of major special events include carnivals, parades, festivals, car races, marathon events, and street fairs.

MINOR SPECIAL EVENTS – Shall mean those events for which participation by less than 200 persons is expected, and/or which will result in the closure of a City roadway, street, right-of-way, or highway for less than eight hours, or the occupancy of (i) more than 50% of a City park for less than eight hours, or (ii) less than 50% of a City park for more than eight hours. Examples of minor special events include 5K/10K races, organized bicycle rides, boxing matches, block parties, and grand openings.

MISCELLANEOUS SPECIAL EVENTS – Means those events which fit within the special event definition but are neither major special events nor minor special events as defined herein.

SPECIAL EVENT PERMIT – Shall mean a permit issued pursuant to this chapter.

§ 4-6.03 Permit Required.

[§ 1, Ord. 1105-11, eff. March 31, 2011]

Except as provided by this Code or pursuant to the terms of a permit, lease or contract which has been specifically authorized by the City Council, no person shall conduct or cause to be conducted, participate or engage in, hold, manage, permit or allow another to conduct a special event, in, on or upon any City street, sidewalk, alley, park, way, public place, public property or public right-of-way which is owned or controlled by the City without first having obtained a written permit from the City Manager, or, as provided by this chapter, from the City Council.

The City Manager is authorized to issue permits for special events pursuant to the procedures established in this chapter.

No permits issued under the provisions of this chapter shall be transferable or movable to another location or another applicant.

Issuance of a special event permit pursuant to this chapter does not obligate or require the City to provide City services, equipment or personnel in support of an event, although the City may provide such services, equipment or personnel if they are reasonably available and the event organizer makes provisions to reimburse the City for the cost thereof, or the City may provide such services, equipment or personnel at no charge if there is a public purpose to be furthered in doing so.

§ 4-6.04 Exempt Events and Activities.

[§ 1, Ord. 1105-11, eff. March 31, 2011]

The following activities are exempt from the special event permit requirement:

Funeral processions by a licensed mortuary or funeral home;

Activities conducted by a governmental agency acting within the scope of its authority;

Events which take place entirely on private property and which do not directly or indirectly impede, obstruct, impair or interfere with the free use of any public street, sidewalk or other public property of the City;

Events which take place on streets, sidewalks or other public rights-of-way owned or controlled by the City but which do not meet the definitions of a parade or special event, including, but not limited to, lawful picketing, provided that all applicable traffic regulations, laws or controls are complied with;

Spontaneous parades, assemblies or demonstrations involving expressive activity and which are occasioned by news or affairs coming into public knowledge within five days of such parade, assembly or demonstration, provided that the organizers thereof give written notice to the City Manager at least 24 hours prior to such parade or assembly. Such written notice shall contain all of the following information:

The name, address and telephone number of the person or persons seeking to conduct the parade or assembly. This person or these persons shall be considered a permittee for the purposes of this section;

The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization by whom or on whose behalf the parade or assembly is proposed to be conducted;

The name, address and telephone number of the person who will chair the parade or assembly and who will be responsible for its conduct;

The location and date of the proposed parade or assembly, including the assembly area, disbanding area, and the route to be traveled;

An estimate of the approximate number of persons who will be participating in the parade or assembly and an estimate of the approximate number of persons who will be observing the parade or assembly;

The time at which the parade or assembly will start and conclude;

The type of security or other arrangements that will be provided to assure that participants are properly directed.

The City Manager may impose reasonable time, place and manner restrictions on spontaneous parades, assemblies or demonstrations governed by this section whether or not such activities are governed by the permit requirements set forth in this chapter.

§ 4-6.05 Permit Application; Filing and Fees.

The City Manager may deny permission to conduct a spontaneous parade, assembly or demonstration if the City Manager makes a finding requiring denial pursuant to § 4-6.07. Such finding by the City Manager shall be made no later than six hours before the scheduled start time for the event. If the City Manager makes a finding pursuant to § 4-6.07, the City Manager shall immediately provide notice of the denial, including the reason or reasons for the denial, by telephone to the permittee and shall also provide written notice of the denial including the reason for the denial. In lieu of denial, the City Manager may propose to the applicant an alternative time, route, venue or manner of conducting the activity which alternative would be acceptable to the City and which would obviate any finding made pursuant to § 4-6.07.

[§ 1, Ord. 1105-11, eff. March 31, 2011; § 1, Ord. 1101-11, eff. November 3, 2011]

Applications for permits to conduct parades and special events shall be completed in writing on a form provided by the City and shall be filed with the City Manager and, unless an exception is made by the City Council upon a written request, the following periods still govern the time for filing an application for a special event permit.

Major special events. Applications shall be filed no more than 13 months and not less than 60 working days prior to the opening date of the event.

Minor special events. Applications shall be filed no more than nine months and not less than 30 working days prior to the opening date of the event.

Miscellaneous special events. Applications shall be filed no more than six months and not less than seven working days prior to the event.

Notwithstanding the application deadlines described above, an application for a special event permit by a person engaging in expressive activity, as defined in this chapter, for which a permit is required pursuant to this Chapter, shall be filed not less than four working days prior to the event. If an applicant for a special event permit involving expressive activity desires to ensure the opportunity for an appeal to the City Council pursuant to § 4-6.11, the application shall be filed with the City Manager not less than 30 calendar days prior to the proposed event. Failure to file the application at least 30 days prior to the proposed activity shall be deemed a waiver of the right of appeal to the City Council in connection with the permit application.

In the event an application is not filed within the required time, as specified herein, the applicant shall have the opportunity to demonstrate that the circumstances giving rise to the proposed special event did not reasonably allow the applicant to file for a permit within the time prescribed and that imposition of the time limitation would unreasonably restrict the right of free speech or assembly. If such demonstration is made, and the City Manager makes none of the findings set forth in § 4-6.07 of this chapter, he or she shall issue a permit despite the lack of advance prior notice. In lieu of or in addition to this opportunity, the applicant may request a waiver of the timely filing requirement by the City Council at its next regular meeting, or at a special meeting which may be called prior thereto by the City Council to consider such matter. The City Council may waive the requirement if it finds that unusual or unforeseen circumstances justify the waiver.

Only one major special event and one minor special event permit may be obtained every week for any particular event site, unless the City Manager determines that granting additional permits will not cause an excessive burden on the City or nearby residents, businesses, and facilities. This subsection, shall not apply however, to an event involving an exercise of free speech rights.

In the case where two identical or similar events, whether major, minor, or miscellaneous, have applied for special event permits for events to be held within 12 weeks of one another, the City Manager will have the discretion to grant or deny one of the permit applications using the criteria in § 4-6.08(a).

In the case where one major, minor, or miscellaneous event has already been permitted, or has traditionally been held on a certain day or time of year, and additional similar or identical events apply for special event permits for events to be held within 12 weeks of such event, the City Manager will have discretion, using the criteria set forth in § 4-6.08(a) to grant or deny such permit.

§ 4-6.06 Permit Application; Required Information.

Except as otherwise provided by this Code or other applicable law, rule or regulation, or by the terms of a permit, license, lease or contract which has been specifically authorized by the City Council, each permit applicant shall submit a nonrefundable permit application fee, in an amount as established by resolution of the City Council, for the use of City streets or other City-owned or controlled property pursuant to this chapter. The applicant shall obtain all required permits and pay all fees required under this chapter and any other permits and fees required under this Code.

(e)

Any indigent, natural person who cannot apply for a permit because of an inability arising from such indigence to pay the application fee shall not be required to pay the fee. Application for indigent status shall be made at the time the permit application is filed and shall be accompanied by such relevant information and documentation as may be reasonably necessary to verify such status.

[§ 1, Ord. 1105-11, eff. March 31, 2011]

In order that adequate arrangements may be made for the proper policing of the special event, the application for all permits required herein shall contain the following information:

The name, address and telephone number of the person requesting the permit. If the special event is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized head of such organization;

The name, address and telephone number of the person who will be responsible for management of the special event;

The purpose of the special event;

The date when the special event is to occur;

The hours of the special event;

Description of any sound amplification equipment which will be used at the event;

(7)

Such other information relating to the special event as the City Manager may require.

If the special event is a parade, the following information is also required:

The approximate number of persons who will participate in the parade, and the number and kind of vehicles and animals which will constitute the parade and the route of the parade;

The location of the assembly area of the parade;

The location of the dispersal area of the parade;

The plans for the assembly and dispersal of the parade including the times thereof;

A statement as to whether the parade will occupy all or only a portion of the streets proposed to be traversed;

A description of any fees to be charged to participants or spectators in connection with the special event.

§ 4-6.07 Permit Issuance or Denial.

[§ 1, Ord. 1105-11, eff. March 31, 2011]

Completed applications for a permit authorizing a major special event or a minor special event shall be denied, approved, or conditionally approved by the City Manager within 20 days after the City Manager determines that the application is complete. Completed applications for a permit authorizing a miscellaneous special event shall be denied, approved, or conditionally approved in writing by the City Manager within four business days after the City Manager determines that the application is complete. Completed applications for a permit involving expressive activity as defined in this chapter shall be denied, approved, or conditionally approved in writing by the City Manager within two business days after the City Manager determines that the application is complete. If the application is denied, the written notice of such denial shall set forth the reasons for the denial.

In the case of expressive activity, the City Manager shall promptly attempt to notify the applicant orally of the approval or denial of a permit, and provide written notification to the applicant as soon as it is reasonably practical to do so. Such notice shall provide detailed facts and reasons for any denial or conditional approval. The City Manager shall consult with the City Attorney before denying or conditionally approving a permit involving expressive activity (including all activities wherein the applicant claims or contends that the proposed event involves expressive activity) as that term is defined in this chapter.

The City Manager shall issue a permit, conditioned upon the applicant's written agreement to comply with any and all terms of this chapter and any conditions imposed on the issuance of the permit, unless he or she finds that:

The information contained in the application is false or intentionally misleading, the applicant failed to remit fees and deposits, or failed to provide an indemnification agreement if required, or failed to provide supplemental application information after having been notified;

The temporary use of the City's rights-of-way or property will endanger public health welfare or safety for the reasons set forth herein, and reasonable adjustment to street and property maintenance, or police, fire or ambulance protection would not alleviate such danger;

An application received prior in time has been approved for the same time and place or so close as to exceed the ability of the City to provide police and other services for both uses, events or activities;

The time, route or size of the proposed use, event or activity will disrupt the surrounding neighborhood or community beyond practical solution;

The proposed use, event or activity will be located in or upon a premises, building or structure, which is hazardous to the health or safety of the employees or patrons of the premises, business, activity or event, or the general public, under the standards established by the City's Building or Fire Codes, or other applicable codes, as set forth in Title 8 of this Code;

The proposed use, event or activity will require the diversion of public safety or other City employees from their normal duties, so as to unreasonably reduce adequate levels of service or municipal functions to any other portion of the City;

(7)

The preparation for or the conduct of the proposed use, event or activity will unduly impede, obstruct or interfere with the City's ability to perform municipal functions or furnish City services in the vicinity of the event area;

(8)

The proposed use, event or activity is in conflict with other applicable provisions of Federal, State and/or local laws;

(9)

The ability of persons to enter and exit residential or business properties impacted by the event will be unreasonably impaired considering factors such as the duration, size and scope of the event; or

(10)

The applicant has violated significant condition(s) of a previous license issued for the same or similar event within the prior 36 months. The City shall notify the applicant in writing of any such violations within 60 days of the violation.

§ 4-6.08 Considerations.

[§ 1, Ord. 1105-11, eff. March 31, 2011; § 1, 1110-11, eff. November 3, 2011]

When determining whether or not a special events permit shall be issued pursuant to this chapter, particularly in the event that two applications have been filed for the same date or week, the City Manager shall take the following into consideration:

When two or more special event permits are requested for similar or identical events to be held within 12 weeks of one another, whether the requests are made simultaneously or not, the City Manager will make a determination as to whether both events will receive permits, or whether only one permit shall be issued, using the following criteria:

The tax status of the organizations submitting the applications with not-for-profit organizations receiving preference over for-profit organizations;

The charitable purpose or nature of the proposed event or activity with preference for events benefiting charities directly serving City residents;

The recurrent nature of the proposed events or activities, and, particularly, the history of the proposed events or activities and past in involvement of the applicants;

The benefits to local business and the City, including consideration of the taxes and fees to be generated by the events;

Which special event permit application was received first and whether other special events have already been permitted for the same day or week;

Whether the special events requested are compatible with one another;

(7)

The likelihood of both events being successful;

(8)

Whether the benefits of holding both events outweigh any drawbacks or inconveniences to the community of holding both events;

(9)

The amount of time between the proposed event dates;

(10)

The history of the events in the community, if any;

(11)

The predicted positive impact on businesses, charities, and nonprofits within the community from both events, and any detrimental impacts from the events.

The charitable purpose or nature of the proposed event or activity with special consideration for events benefiting charities directly serving City residents; and

The recurrent nature of the proposed event or activity, and, particularly, the history of the proposed event or activity and past involvement of the applicant.

The benefits to local business, the community and City, including considerations of taxes and fees to be generated by the event.

(e)

Which complete request was first received and whether another special event has already been permitted for that week or day.

(f)

Whether the special events requested are compatible with each other.

§ 4-6.09 Standards and Conditions.

[§ 1, Ord. 1105-11, eff. March 31, 2011]

The City Manager may condition the issuance of a license by imposing reasonable restrictions on the time, place and manner of conducting the event as are necessary or appropriate to protect persons and property, and to control traffic, provided that such restrictions shall not unreasonably interfere with the right of free speech. Such conditions may include, but are not limited to, the following:

Alteration of the staffing for, or the date, time, route or location of the event;

Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street;

Requirements for provision of first aid and sanitary facilities, including the presence of emergency medical services personnel;

§ 4-6.10 Insurance and Indemnification.

Requirements for use of event monitors and providing notice of permit conditions to participants;

(e)

Approval of any proposed private security forces;

(f)

Restrictions on the number and type of participants, vehicles, animals or structures at the event;

(g)

Compliance with animal protection ordinances and laws;

(h)

Requirements for use and provision of garbage containers, cleanup and restoration of City property;

(i)

Restrictions on the time and use of amplified sound;

(j)

Permit applications for block parties may be conditioned on notice and approval by at least 50% of the residents on the affected street(s);

(k)

The manner by which alcohol sales and service, if any, shall be conducted at the event;

(l)

A cleaning deposit for the event, including the use of structures, display or use of animals, operation of water stations, food distribution or sales, beverage distribution or sales, and/or sale of other goods and services;

(m)

The inspection and approval by City personnel of stages, booths, floats, structures, vehicles or equipment to be used or operated in the event to ensure that such structures or vehicles are safely constructed and can be safely operated, and conform to the requirements of all applicable codes; and

(n)

Compliance with any relevant ordinance or law, including obtaining any legally required permit or license.

[§ 1, Ord. 1105-11, eff. March 31, 2011]

The applicant shall obtain, furnish proof of, and maintain a policy of insurance. Such policy must fulfill the requirements of § 1-6.01 of this Code.

Any permit issued pursuant to this chapter shall require the permit holder to defend, protect, indemnify and hold harmless the City and its officers, employees and agents from any and all claims, causes of action, penalties, damages, expenses (including reasonable attorneys' fees), loss or liability, of any kind or nature whatsoever, arising out of or resulting from any willful or negligent acts or omissions of the applicant, its officers, agents, employees, or any other participants in the event or activity, made in connection with the permitted event or activity.

If any City property is destroyed or damaged by reason of the permittee's use, event or activity, the permittee shall reimburse the City for the actual replacement or repair cost of the destroyed property.

§ 4-6.11 Appeals.

[§ 1, Ord. 1105-11, eff. March 31, 2011]

Any person aggrieved by the issuance, denial or revocation of a permit pursuant to this chapter may appeal such decision by filing a written notice of such appeal with the City Clerk within 10 business days of the decision of the City Manager giving rise to said appeal. Such appeal shall set forth the specific facts upon which the appeal is being made. The appeal procedure shall be as set forth in § 1-4.01 of this Code with the appellant's understanding that any appeal taken pursuant to this section and § 1-4.01 may necessitate the postponement or delay of the activity for which the permit is sought.

§ 4-6.12 Contents of Issued Permit.

[§ 1, Ord. 1105-11, eff. March 31, 2011]

A special event permit issued pursuant to this chapter shall contain the information provided by the applicant and shall impose reasonable time, place and manner conditions to ensure that the special event will not pose a traffic or safety hazard or unreasonably interfere with fire or police protection services. The conditions imposed shall be in conformity with the requirements of this chapter and shall provide only for such modification of the applicant's proposed event as is necessary to achieve compliance with this chapter.

Each parade permit shall state the following additional information:

Date and starting time;

Minimum and maximum speed;

Maximum interval of space to be maintained between units of the parade;

The portions of the streets to be traversed that may be occupied by the parade;

The maximum length of the parade in miles or fractions thereof;