Temporary uses or special events that are held entirely on public property and are under the control of the town shall not require a special event permit.
(1999 Code, sec. 4.607(a))
(a)
Minor special events.
Upon approval of the special event manager, a minor special event permit shall be issued for not to exceed a period of three (3) consecutive days, and may be renewed, without payment of fee, for an additional period of three (3) consecutive days.
(b)
Major special events.
Upon approval of the special event manager, a major special event permit shall be issued for not to exceed a period of eleven (11) consecutive days, and may be renewed, without payment of fee, for one additional consecutive eleven-day period.
(1999 Code, sec. 4.607(b))
The special event manager, or designee, may refer consideration of a special event permit to the town council when the special event manager determines that approval by the town council is necessary.
(1999 Code, sec. 4.607(c))
(a)
A person desiring to hold a special event shall apply for a special event permit as required by this article.
(b)
A special event permit shall be obtained by filing a written application with the special event manager upon a form provided by the town for that purpose.
(1)
Minor special event.
An application for a minor special event shall be filed not less than 30 days before the special event is to begin.
(2)
Major special event.
[An application for] a major special event shall be filed not less than 45 days before the special event is to begin.
(3)
Waiver of time limit.
The special event manager may waive the time limit for a major and minor special event permit if the special event manager determines that the application may be processed in less than the stated time, provided application fees are paid as set forth in the town’s fee schedule.
(1999 Code, sec. 4.607(d))
Upon receipt of the application, the special event manager shall forward a copy of the application to all appropriate departments for review. Such departments shall include, but shall not be limited to, fire, police, building inspection, environmental and health services and transportation. All departments shall forward comments and/or requirements, as necessary to protect the safety and general welfare of the town, to the special event manager no more than 10 days after receipt of such request.
(1999 Code, sec. 4.607(e))
An application for approval of a minor special event shall include the following information:
(1)
Name, address and telephone number of the individual, organization or company conducting the event.
(2)
Name and phone number of the event contact.
(3)
Description of the event.
(4)
Exact event location or route.
(5)
Expected number of participants and/or spectators.
(6)
Anticipated number of automobiles and proposed methods of providing parking.
(7)
Location and construction of any temporary signs to be used in connection with the event.
(8)
Dates and hours of operation.
(9)
Signed certificate by the responsible party and the record owner of the land that all information provided is true and correct and that all schedules will be strictly adhered to.
(1999 Code, sec. 4.607(g))
An application for approval of a major special event shall include the following information:
(1)
Name, address and telephone number of the individual, organization or company conducting the event.
(2)
Name and phone number of the event contact.
(3)
Dates and hours of operation.
(4)
Description of the event.
(5)
Exact event location or route.
(6)
Drawing showing the area to be used during the event and the location of proposed structures, tents, fences, barricades, signs, banners, restroom facilities, proposed parking areas and a statement of total number of parking spaces available in each parking area, and any other facilities and improvements to serve the proposed special event.
(7)
Estimated number of participants and spectators at the event.
(8)
Anticipated number of automobiles.
(9)
Location and construction of any temporary signs to be used in connection with the event.
(10)
Location and time of traffic-control needs, if any.
(11)
Exact dates and times of commencement and termination of the event.
(12)
Signed certificate by the responsible party and the record owner of the land that all information provided is true and correct and that all schedules will be strictly adhered to.
(13)
Time and location of street closings, if any are requested.
(14)
Location where the sale of merchandise or sale of food or alcoholic or nonalcoholic beverages will take place. Street vendors and peddlers should also be described, if any.
(1999 Code, sec. 4.607(i))
An applicant for which a permit has been issued to hold a major special event shall notify, in writing, each abutting property owner or occupant of the event at least 15 days prior to the date on which the event will begin. The notice must be delivered to the abutting property address. In the case of a progressive special event, such as a parade or marathon, each owner or occupant of real property abutting the route of such event must be notified.
(1999 Code, sec. 4.607(j))
(a)
The special event manager, upon recommendation of the chief of police, may require a number of police officers, in addition to those required in this article, if:
(1)
Alcoholic beverages are in any way available at the event.
(2)
Increased security, crowd control, or traffic control are deemed necessary due to the nature of the special event.
(3)
The history of the event indicates that a greater number of police officers are required to protect the public health, safety and welfare.
(b)
All requirements of the International Fire Code shall be applicable to any special event permit approved in accordance with this article.
(c)
Refuse collection shall be in accordance with all applicable town ordinances and contracts.
(d)
All fees required by the town for the operation or any activities taking place in conjunction with the special event must be collected in full prior to the opening of the special event.
(e)
All inspections that are required as a condition of the special event permit or any other ordinance or law must be completed and approved prior to the opening of the special event.
(1999 Code, sec. 4.607(k); Ordinance adopting Code)
An applicant for a major special event permit must execute a written agreement to indemnify the town and its officers and employees against all claims of injury or damage to persons or property, whether public or private, arising out of the special event.
(1999 Code, sec. 4.607(l))
(a)
An applicant for a special event permit in which the estimated number of participants and spectators exceeds 500 for any day of the event shall procure and keep in full force and effect for the duration of the event, insurance written by an insurance company approved by the state and acceptable to the town and issued in the standard form approved by the state department of insurance. All provisions of each policy must be acceptable to the town. Each policy must name the town and its officers and employees as additional insureds. The coverage provisions of each policy must provide coverage for any loss or damage that may arise to any person or property by reason of the conduct of the special event by the applicant.
(b)
Commercial general liability insurance must be provided with combined single limits of liability for bodily injury and property damage of not less than:
(c)
If a special event includes vehicles, fireworks, aircraft or other equipment, devices, or activities that are excluded from coverage in the commercial general liability insurance policy required in subsection (b) above, then separate additional liability insurance coverage for the applicable exclusion must be provided with the combined single limits of liability for bodily injury and property damage of not less than:
(d)
If any alcoholic beverage is sold, served, or otherwise made available at the special event, liquor liability insurance must be provided by the alcoholic beverage license holder in an amount of not less than $1,000,000.00 for each claim.
(e)
If a facility or other property owned or managed by the town is subject to both the insurance requirements of this article and insurance requirements established by another town ordinance, an official town action, a town lease or use agreement, or other applicable law, then the insurance requirements with the greater limits and coverages must be met to conduct the special event at the facility or property.
(f)
An original certificate of insurance completed by an authorized agent of the insurance company and evidencing each insurance coverage required under this section must be delivered to the special event manager at least 10 days before the special event begins.
(1999 Code, sec. 4.607(m))
The special event manager shall deny a special event permit if:
(1)
A special event permit has been granted for another special event at the same location and time.
(2)
An established event is customarily held at the same location and time as the proposed special event.
(3)
The special event will occupy any part of a freeway, expressway, or tollway.
(4)
The special event will unreasonably disrupt the orderly flow of traffic, and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available.
(5)
The applicant fails to provide for the health and safety of participants and surrounding areas.
(6)
The applicant fails to comply with, or the event will violate, any town ordinance or other applicable law, unless the prohibited conduct or activity is allowed under this article.
(7)
The applicant makes a false statement of material fact on an application.
(8)
The applicant has had a previous special event permit revoked or has had two (2) or more violations of this article within the preceding fourteen (14) months.
(9)
The police or fire chief determines that the special event would pose a serious threat to the public health, safety, or welfare.
(10)
The applicant has a history of conducting or sponsoring special events in a disorderly, unsafe, unsanitary or fiscally irresponsible manner.
(1999 Code, sec. 4.607(n))
The special event manager may revoke a special event permit if the applicant fails to comply with any requirement of this article. At the discretion of the special event manager, any revocation may be referred to the town council for consideration. Notice of such revocation shall be provided to the applicant in writing, by certified mail, return receipt requested. Such notification shall state that the revocation may be appealed to the town council.
(1999 Code, sec. 4.607(o))
An applicant may appeal to the town council the decision of the town special event manager regarding any requirement of a minor or major special event permit, or the denial or revocation of such permit.
(1999 Code, sec. 4.607(p))