An event including street fairs, races, runs, arts and crafts shows, carnivals, circuses, rallies, public entertainments, parades, block parties requiring neighborhood road closures, or other events that:
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
(a)
This Article is intended to provide a safe, orderly means for special events to be held within the corporate limits of the City. All regulations of this Article are deemed necessary for the protection of the health, safety and general welfare of the volunteers, members, and their patrons.
(b)
The duration of the special event shall not exceed the time period specified on the permit, not to exceed a maximum of nine (9) consecutive days.
(c)
The site of the special event shall be adequately served by utilities and sanitary facilities, which may be provided by the applicant.
(d)
A special event for the purpose of selling used clothing and/or accessories, used furniture, used household and/or sporting goods is prohibited.
(e)
Special events that require road or lane closure in residential-zoned areas shall not be held within at least twelve (12) calendar days of another event requiring the closure of that same road. Exceptions may be made by the Director of Development Services or their designee based on the determination that the exception is in the best interest of the health, safety and general welfare of the citizens of the City.
(f)
A maximum of six (6) events may occur annually at the same property address.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
It shall be unlawful for any person to conduct a special event without a valid special event permit from the City unless exempted per section 6.03.003.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
An application for a permit under this Article shall be filed within the following filing periods:
(1)
At least thirty (30) calendar days before the date of the special event if City services are requested;
(2)
At least fourteen (14) calendar days before the date of all other special events; or
(3)
If the circumstance precipitating the special event occurs within a period of time rendering compliance with the applicable time period requirement pursuant to subsection (1) or (2) herein impossible, a period of time determined by the Director of Development Services or their designee based on the determination that the different period of time is in the best interest of the health, safety and general welfare of the citizens of the City.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
Any person desiring to conduct a special event in the City shall first file an application for permit with the City’s Development Services Department, which application shall include:
(1)
The name, address, telephone number and email address of the applicant;
(2)
If the special event is to be held for or by an organization, the name, address, and telephone number of the headquarters of the organization and name, address, telephone number, and email address of the authorized representatives of such organization;
(3)
If the special event is to be held by or for any other person other than the applicant, a written statement from that other person showing authority to make the application;
(4)
If any portion of the special event, including parking, is to be held on private property, written permission for the holding of the special event or parking from the owner of the property or an authorized representative;
(5)
The name, address, telephone number, and email address of the person who will be the point of contact for the special event and who will be responsible for its conduct;
(6)
A description of planned activities at the special event;
(7)
The dates and times the event will start and terminate;
(8)
The time at which on-site activities in preparation for the event will begin and end;
(9)
The proposed location of parking areas and the number of spaces provided for the special event in accordance with requirements stated in section 6.03.014;
(10)
A layout drawing to scale depicting the location, size and number of stages, seating, tents, awnings, canopies, food service booths, first-aid stations, portable restrooms, or other temporary structures;
(11)
A layout drawing to scale depicting the location of the event and the access for and circulation of traffic in compliance with the standards provided in the Manual on Uniform Traffic-Control Devices (MUTCD);
(12)
The proposed location of entrances and exits and a plan of evacuation in case of emergency, which shall include a plan for directing the arrival of emergency services through the event to the site of the emergency;
(13)
The approximate number of people who will be attending the special event, including the maximum number of people expected at peak times, event staff and performers, if any, and, if applicable, the types of animals that will be involved with the special event;
(15)
Copies of any required electrical permits, plumbing permits, or other permits required by this Code of Ordinances;
(16)
A communications plan specifying how applicant will notify the public about the special event, including the number, size, material and location of any planned signage, and, if applicable, start and end times in which amplified sound will occur;
(20)
If necessary, proof of acquisition of adequate Police services pursuant to section 6.03.022, herein and as amended; and
(21)
Any other information which the City finds necessary under the standards of issuance.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
A special event permit shall not be issued if:
(1)
The event will require the diversion of a number of Police Officers, fire protection or Emergency Medical Services (EMS) personnel so as to:
(2)
The occurrence of the event is likely to result in injury to persons or property;
(3)
The applicant fails to submit a completed application pursuant to section 6.03.006, herein and as amended;
(4)
The contents of the submitted application do not comply with the requirements of this Article, as amended, this Code, as amended, or State or Federal law;
(5)
The proposed event includes vendors who have not provided evidence that the business is fully insured, including for liability;
(6)
The proposed event conflicts in date, time or location with another special event, parade or assembly for which a permit has already been granted or is being held by the City;
(7)
The proposed event will unduly interfere or disrupt the educational activities of a school when such school is in session;
(8)
The proposed event does not comply with the Americans with Disabilities Act;
(9)
The applicant has previously been convicted of violating this Article;
(10)
The applicant has had a special event permit revoked within the preceding 12 months;
(11)
The applicant has failed to pay any additional costs assessed by the City for a previous special event; or
(12)
The Director of Development Services Department or their designee has determined that the event is not in the best interest of the health, safety, and general welfare of the citizens of the City.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
If the City denies the application, the City shall notify the applicant of this action stating the reasons for the denial of the permit no fewer than five (5) calendar days before the date of the special event, or as soon as reasonably possible.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
The Director of Development Services Department or their designee may revoke a special event permit if the Director of the Development Services Department or their designee finds:
(1)
The applicant failed to comply with, or the special event violates, any provision stated in this Article, any ordinance of the City, or any other applicable law;
(2)
The applicant made or permitted the making of a false or misleading statement or omission of material fact on an application for a special event;
(3)
The applicant is unable or unwilling to pay any additional fees as may be required by the City to cover the cost of City services related to the special event;
(4)
The applicant failed to provide any additional information requested by the City;
(5)
The event substantially interrupts the safe and orderly movement of traffic near its location or route, unless the traffic variances are those pursuant to the issued special event permit; or
(6)
The event is not in the best interest of the health, safety, and general welfare of the citizens of the City.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
Any person or entity whose permit has been revoked as provided in section 6.03.010, may within, five (5) business days after the receipt of a notice thereof, appeal to the Director of Development Services or their designee for a hearing thereon and the decision of the Director of Development Services or their designee shall be final. If the appeal is filed during the occurrence of the special event, the Director of Development Services or their designee shall hear the appeal as soon as practically possible. Otherwise, the Director of Development Services or their designee shall hear the appeal within ten (10) business days.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
The special event permit shall be maintained at all times on the premises, and shall be made available to any Police Officer, Fire Marshal or other authorized City employee or representative, upon request.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
At least ten (10) calendar days prior to the date of the special event, the permittee shall send written notice of the event to each residential property owner, as indicated by the most recently approved municipal tax roll, of real property within three hundred (300) feet of the property on which the special event is proposed. The notice may be served by its deposit in the municipality, property addressed with postage paid, in the United States mail. Block parties requiring road closures that do not require City services are exempt from this requirement.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
(a)
An applicant shall submit, as part of an application for a special event permit, evidence that sufficient parking will be available to accommodate the projected number of users with a ten percent surplus. The number of spaces deemed sufficient will be determined by the nature of the event, number and age of people attending, including event staff, participants and performers during peak times. If said parking is to be on private property adjacent to the special event, written evidence that the applicant has a right of possession of said property through ownership, lease, license, or other property interest must be provided. When the location is not an established parking area, a plan shall be submitted which will show how the needed parking will be achieved and arranged. The number of parking spaces and layout of parking area, including aisle widths, size of parking spaces and whether parking attendants will be provided, shall be included in the application for permit.
(b)
When adequate parking is not available at or immediately adjacent to the site of the special event, off- site parking may be used. Plans shall be submitted which will show how off-site parking and transfer of attendees will be accomplished.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
The City shall have the authority, when reasonably necessary as determined by the Police Department, to prohibit or restrict the parking of vehicles along a street or highway or part thereof adjacent to the site of the special event. The City shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
(a)
Any special event or related activity desiring use of water from the City water system must coordinate with the Public Works Department to obtain a temporary meter. Deposit for the meter and payment for water used shall be in accordance with ordinances of the City.
(b)
An applicant shall submit a plan for the disposal of wastewater and the plan shall be approved by the Public Works Department.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
An applicant shall provide for the collection of all solid waste resulting from such special event.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
When a special event is partially or fully contained on City property or City rights-of-way, the applicant for a special event permit shall furnish the City with a certificate of insurance in amounts of not less than $500,000.00 for one person and $1,000,000.00 for any one accident. Block parties requiring road closures that do not require City services are exempt from this requirement.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
When a special event is partially or fully contained on City property, an applicant shall sign an agreement to indemnify and hold harmless the City, its officers, employees, agents, and representatives against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of the special event.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
(a)
When a special event is partially or fully contained on City property, a surety bond or cash deposit in the penal sum of $2,000.00 shall accompany each application conditioned that no damage will be done to the City property, streets, sewers, trees, or adjoining property and that no paper, litter, or other debris will be permitted to remain upon the City property, streets or upon any private property by the applicant. The surety bond or cash deposit shall be returned to the permittee within ten (10) business days after said special event permit expires upon certification by the City of compliance with all conditions of this Article. In the event the actual cost for policing and cleaning is less than this amount, the remainder shall be refunded to the permittee by the City. In the event that the actual cost exceeds this amount, the permittee shall pay such additional sum to the City within ten (10) business days from the date of notification. Nothing herein shall preclude the City from enforcing any legal or equitable remedy against the permittee in addition to the bond. Block parties requiring road closures that do not require City services are exempt from this requirement.
(b)
The Director of Development Services or their designee, shall have the right to lower or waive the surety bond or deposit for nonprofits and tax-exempted entities.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
(a)
The Police Department shall determine whether and to what extent additional Police services are reasonably necessary for the special event for traffic-control and public safety. The Police Department shall base this decision on the size, location, duration, time and date of the special event, and the need to detour or preempt citizen travel and use of the streets and sidewalks. If additional Police services for the special event are deemed necessary by the Police Department, they shall so inform the applicant. The applicant then shall have the duty to secure the Police services deemed necessary by the Police Department.
(b)
In the event the City determines, upon a review of the application, that a Special Event may require the special attention and involvement of City personnel or facilities, the City shall so notify the applicant. In such event, prior to the issuance of a special event permit, the applicant and the City shall agree upon the cost of policing, and cleaning, and the closure of roads, and the applicant shall pay that amount to the City upon application. Prior to the issuance of a special event permit, the applicant shall agree in writing to pay any additional costs to the City incurred as a result of the special event within five (5) business days of the date upon which the City informs the permittee of the amount of such additional costs. Nothing herein shall preclude the City from enforcing any legal or equitable remedy against the permittee for recovery of such additional costs.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
(a)
A person commits an offense if they commence or hold a special event without a special event permit or with a special event permit that has expired or been revoked, or occurs in violation of this Article.
(b)
Any person who violates the provisions of this Article shall be charged with a class C misdemeanor; and upon conviction shall be fined as provided for in section 1.01.009 of this Code for each day that a violation exists, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(c)
A culpable mental state is not required for the commission of an offense under this Article.
(d)
It is hereby determined that this Article governs fire safety, public health, and sanitation and, therefore, any person violating or failing to comply with any of the provisions of this section shall be subject to the penalty for such type of violation as provided for in section 1.01.009 of this Code.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)