The following words and phrases, when used in this division,
shall have the following meaning:
A person who has filed a written application for a special
event permit.
The use of a residential street for a neighborhood function
for which traffic control is required.
A non-profit organization existing or operating within the
city that has received recognition as a "recognized parks and recreation
department affiliate" by the city council as recommended by the board.
A facility at a special event where food or drink is offered
to the public.
The assembly of three or more persons whose gathering is
for the common design and purpose of traveling or marching in procession
from one location to another location.
Written approval from the city or its designated representative
for a special event.
Any individual, assumed name entity, partnership, association,
corporation or other organization.
The person seeking to hold a special event, including the
promoter's employees, agents, affiliates, successors, permitted assigns
and other persons controlled by the promoter.
Costs incurred in the staging of the event, including, without
limitation, the following:
Utility services provided to the special event, including all
of the costs of installation, maintenance and connection;
Food services inspection;
Repair, maintenance and removal of facilities in the event of
a failure of promoter;
Repair of streets, alleys, sidewalks, parks, and other public
property;
Police protection;
Fire protection;
Emergency medical service;
Garbage disposal and cleanup;
Traffic control;
Equipment, including but not limited to bleachers, sound equipment,
tents, tables and chairs; and
Other direct costs associated with the special event.
That portion of a street intended for the use of pedestrians
that is located between the curblines, or lateral lines of a roadway,
and the adjacent property lines.
A temporary event or gathering, including a block party and
parade, using either private or public property, which involves one
or more of the following activities, except when the activity is for
construction or house moving purposes only:
Closing a public street;
Blocking or restricting access to public property and streets;
Offer of merchandise, concessions on public property or on private
property where otherwise prohibited by ordinance;
Erection of a tent on public property, or on private property
where otherwise prohibited by ordinance;
Installation of a stage, band shell, trailer, van, portable
building, grandstand or bleachers on public property, or on private
property where otherwise prohibited by ordinance;
Placement of portable toilets on public property, or on private
property where otherwise prohibited by ordinance;
Placement of temporary "no parking" or "parking" signs in a
public right-of-way.
The entire width between the boundary lines of every way
publicly maintained, when any part is open to the use of the public
for purposes of vehicular travel.
(Ordinance 2012-1121 adopted 3/13/12)
(a)
A special event shall not substantially interrupt the safe and orderly
movement of traffic near the special event.
(b)
A parade shall move from its point of origin to its point of termination
without unreasonable delays en route.
(c)
A special event shall not interfere with proper fire and police protection
of, or ambulance service to, areas near the special event or unreasonably
require the diversion of police and fire protection and ambulance
service from other parts of the city.
(d)
A promoter shall comply with all directions and conditions contained
within the special event permit and with all city ordinances and other
applicable laws.
(e)
The city when reasonably necessary may prohibit or restrict the parking
of vehicles along a street or highway or part thereof on a parade
route or part thereof or on the approach to a special event. The city
shall post notice to such effect; and it shall thereafter be unlawful
for any person to park, leave, or stand any unattended vehicle in
violation thereof.
(f)
For special events held on city or other public property, the promoter
shall return the property to at least as good a condition as before
the special event. The permit holder shall be liable for the costs
of any damage to property or waste removal not performed by the permit
holder at the conclusion of the special event.
(g)
Use of tents requires a flame-retardant certificate per tent if the
tent covers a ground area greater than 10 foot by 10 foot or has a
minimum of one wall as required under the International Fire Code,
section 2404 Temporary and Permanent Tents, Canopies and Membrane
Structures.
(h)
Amusement rides must comply with the Amusement Ride Safety Inspection
and Insurance Act. Rides in compliance will be issued a state department
of insurance compliance sticker. All rides must have the compliance
sticker affixed to a major component of the ride and be visible to
all ride participants. All amusement ride owners/operators must make
available a copy of their insurance policy and a copy of the ride's
inspection certificate.
(Ordinance 2012-1121 adopted 3/13/12)
A person commits an offense if the person:
(1)
Commences or conducts a special event without the appropriate permits
or fails to comply with any requirement or condition of a permit or
this division; or
(2)
Participates in a special event for which a permit has not been granted.
(Ordinance 2012-1121 adopted 3/13/12)
(a)
A person engaging in or sponsoring a special event shall apply for
and receive a special event permit from the city, and pay all fees
as applicable.
(b)
No permits shall be required under this division for the following:
(1)
The Armed Forces of the United States of America, the military forces
of the state, political subdivisions of the state, and the forces
of the police and fire departments acting within the scope of their
duties;
(2)
A funeral procession proceeding by vehicle under the most reasonable
route from a funeral home, place of worship, or residence to the place
of service or place of internment;
(3)
A peaceful demonstration at a fixed location which is not a street;
or
(4)
Sidewalk procession which observes and complies with the traffic
regulations and traffic-control devices, using that portion of a sidewalk
nearest the street, but at no time using more than one-half of the
sidewalk.
(Ordinance 2012-1121 adopted 3/13/12)
(a)
A person desiring to hold a special event shall apply for a special
event permit by filing with the department a written application upon
a form provided for that purpose. Each application shall be accompanied
by a non-refundable application fee in the amount determined from
time to time by resolution of the city council. An application for
a permit for special events shall be made not less than 60 days prior
to the date and time of the commencement of the special event. The
city may waive the 60- and 21-day filing requirements for school functions
or charitable fundraisers; however, in no case may an application
be filed less than 30 days before the special event unless approved
by the city manager.
(b)
An application to conduct a special event must contain the following
information:
(1)
The name, home address and telephone number, office address and telephone
number, and date of birth of the promoter, and of any other persons
responsible for the conduct of the special event;
(2)
Criteria:
(A)
A description of the special event;
(B)
Requested date, location, and hours of operation;
(C)
Route to be used for a parade, if applicable, including starting
and termination locations;
(D)
Proposed number, size, type, and location of structures to be used
in during the special event, including, but not limited to tents,
fences, barricades, signs, banners and restroom facilities;
(E)
The estimated number of persons participating in or expected to attend
the special event;
(F)
Details of how the promoter proposes to provide security and traffic
control;
(G)
The time and location of street closings, if any are requested;
(H)
Details of the offering, merchandising, or serving of concessions or alcoholic beverages at the special event, designating any street vendors or peddlers involved, and whether or not a permit has been obtained or being sought in accordance with article 6.02, division 1 of this code, if required;
(I)
Description of animals to be used with proof of vaccinations or health
status records;
(J)
Details of how the promoter will clean up the area used after the
conclusion of the special event;
(K)
Proof that the promoter possesses or is able to obtain all licenses
and permits required by this code or other city ordinance or by state
law for the conduct of the special event;
(L)
The estimated number of persons to participate in the parade, if
applicable, and the estimated number of animals that will be used;
(M)
The estimated number of spectators;
(N)
The estimated number, if any, of animals and riders, animal-drawn
vehicles, floats, motor vehicles, motorized displays, and marching
units or organizations such as bands, color guards and drill teams;
(O)
If applicable, proof of notification signed by substantially all
of the households or businesses of the area affected by a block party;
(P)
Proof of insurance or hold harmless agreement as deemed appropriate
by the city. When deemed appropriate, a certificate of insurance shall
be submitted to the city listing the city as an additional insured.
Acceptability of insurance is subject to approval by the city attorney.
(c)
An application except for one submitted by a community-sponsored
non-profit organizations recognized by city ordinance must also be
accompanied by either a performance bond or security deposit in the
amount of $1,000.00.
(d)
An application for a residential block party shall be accompanied
by a deposit of $50.00 and a signed hold harmless agreement as deemed
appropriate by the city.
(e)
An application for a permit for a parade or a block party shall be
made not less than 21 days prior to the date and time of commencement
of the parade or block party.
(Ordinance 2012-1121 adopted 3/13/12; Ordinance 2016-1202, sec. I, adopted 8/23/16)
(a)
Issuance of a permit shall be subject to promoter receiving city
approval of the plans submitted to the city pursuant to this section
not less than 30 days before the start of the special event.
(b)
The city assumes no liability or responsibility for the conduct of
the special event merely by approving the plans submitted with an
application for a special event as required by this section.
(c)
The promoter permit shall prepare and submit to the director for
approval the following plans when applicable to the type of special
event:
(1)
Facilities.
A set of plans and specifications relating
to all temporary facilities to be constructed or utilized for the
special event.
(2)
Fire protection.
A plan for prevention of fires and
for adequate protection of persons and property in the event of a
fire, including, without limitation, adequate exits, fire extinguishers,
adequate access for fire trucks and emergency vehicles.
(3)
Concession service.
Plans related to the provision of
food and beverages.
(4)
Emergency medical service.
A plan to provide adequate
emergency medical services at the special event.
(5)
Parking.
A plan to provide adequate parking for the
proposed special event including written permission in the form provided
by the city executed by all of the owners of the land to be used for
the special event.
(6)
Police and fire protection; emergency medical service.
A plan providing for adequate safety, security, traffic and crowd
control in connection with the special event. All public safety services
shall be provided by city police and fire personnel. Crowd management
requires a minimum of two officers per 500 participants. Emergency
medical service, police protection and fire protection beyond that
level normally provided will be supplied by the appropriate city department
as deemed necessary by the chief of police and fire chief at applicant's
expense.
(7)
Promotional.
If applicable, a plan to promote, market
and advertise the special event.
(8)
Sanitation plan.
A plan to insure that the highest standards
of cleanliness and sanitation are maintained at the special event,
including adequate restroom facilities, and a plan to empty refuse
containers frequently so as to prevent overflow.
(d)
City staff shall determine whether the application and plans meet
city safety and other requirements. A promoter may be requested to
modify an application to meet the requirements of this division. Should
any of the submitted plans fail to give, and after notice, the promoter
is unable to provide for, adequate assurances that the plans will
be implemented and carried out, the permit application may be denied.
(Ordinance 2012-1121 adopted 3/13/12)
(a)
Upon receipt of an application for a special event, the director
shall forward a copy of the application to the city departments that
may be affected by the special event or asked to provide support for
the special event and shall issue its approval or denial of the application
within 21 days of receipt.
(b)
A requirement to obtain licenses and permits required by other city
ordinances or applicable law, restrictions, regulations, requirement
to pay the cost for city services, safeguards, and other conditions
determined necessary by the director for safe and orderly conduct
of a special event may incorporated a condition for issuance of a
permit for a special event.
(c)
The promoter shall make full payment of any applicable fees, submit
the required liability waiver and submit proof of insurance prior
to the issuance of the special event permit. Applicable fees are in
addition to the deposit or security bond due at the time of permitting.
(d)
The city may deny a special event permit if:
(1)
A special event permit has been granted for another special event
at the same place and time or within two hours of commencement or
conclusion of a previously permitted special event;
(2)
The proposed special event will unreasonably disrupt the orderly
flow of traffic and no reasonable means of rerouting traffic or otherwise
meeting traffic needs is available;
(3)
The promoter fails to comply with, or the proposed special event
will violate, a city ordinance or other applicable law, unless the
prohibited conduct or activity would be allowed under this division;
(4)
The promoter makes a false statement of material fact on an application
for a special event permit;
(5)
The promoter has had a special event permit revoked within the preceding
12 months or the applicant has committed two or more violations of
a condition or provision of a special event permit or of this division
within the preceding 12 months;
(6)
The promoter fails to arrange for adequate:
(A)
Protection of event participants;
(B)
Maintenance of public order in and around the special event location;
(C)
Crowd security; taking into consideration the size and character
of the event;
(D)
Emergency vehicle access; or
(E)
Safe sanitary conditions for preparation or operation of food concessions;
(7)
The promoter fails to provide proof that the promoter possesses or
is able to obtain a license or permit required by city ordinance or
other applicable law for the conduct of all activities included as
part of the special event;
(8)
The promoter fails to pay any outstanding costs owed to the city
for a past special event permit;
(9)
The promoter fails to submit the required deposit (if charged) and
agree in writing to reimburse the city for the estimated costs to
be incurred by the city for the special event;
(10)
The proposed special event would unduly burden city services; or
(11)
The special event begins or ends outside the city limits, unless
the promoter supplies proof of approval of any other affected governmental
entity.
(Ordinance 2012-1121 adopted 3/13/12)
If the city denies the issuance of a permit or revokes a permit,
it shall send to the promoter by certified mail, return receipt requested,
written notice of the denial or revocation and of the right to appeal.
The promoter must appeal the decision in writing to the city manager
not later than three days after receipt of the notice of denial or
revocation. The city manager will present the appeal to the city council
at its next regular meeting. The city council shall consider all the
evidence in support of or against the action appealed and render a
decision either sustaining or reversing the denial or revocation.
The decision of the city council shall be final.
(Ordinance 2012-1121 adopted 3/13/12)
An applicant for a special event permit shall execute a written
agreement to indemnify the city 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 as approved by the city
attorney.
(Ordinance 2012-1121 adopted 3/13/12)
