(a)
It
shall be unlawful for any person to conduct a special event without
first having obtained a permit from the city and paying the prescribed
fee. The fee for issuance of such permit shall be in accordance with
the city's current fee schedule.
(b)
A
person seeking a special event permit shall file an application with
the city upon forms provided by the city. The special events manager
shall ensure that other licenses and permits, restrictions, regulations,
fees for the city services, safeguards or other conditions deemed
necessary by individual city departments for the safe and orderly
conduct of a special event be requested, submitted and approved before
the permit is granted (by way of example, health permit applications,
agreement with police department for police coverage, agreement with
fire department for fire and emergency services, and/or agreement
with public works department regarding costs associated with street
closures).
(c)
A
complete permit application for a parade or special event shall be
submitted to the city not less than 60 days prior to the date and
time of the commencement of the parade or special event. The special
event manager and/or the special event review committee may waive
the 60-day filing requirements for a parade or special event if the
special event manager and/or the special event review committee determines
that the permit application can be processed in less than 60 days,
taking into consideration the type of parade or special event. If
the parade or special event permit application is submitted later
than the required time as stated above, an expedited review fee may
be required. The amount shall be outlined in the city's fee schedule
approved by city council. Within ten business days of receipt of the
complete permit application the committee shall notify the applicant
if the permit is approved or denied.
(d)
Parade
or special event permit applications will be processed on a first
come basis and no parade or special event will be considered an annual
event tied to a specific date. Parade or special event permit applications
will not be accepted more than a year in advance for a specific date.
(Ordinance 2016-06-09-03 adopted 6/9/16)
The application for a special event permit shall set forth as
a minimum the following information:
(1)
The
name, address, telephone number, date of birth, and copy of a valid
state or federal issued government photo identification of the person
seeking to conduct the event;
(2)
If
the event is to be held for or by an organization, the name, address,
and telephone number(s) of the headquarters of the organization and
the authorized and responsible heads of such organization, including
a local or regional contact;
(3)
If
the event is to be held by or for any person other than the applicant,
the applicant shall file a written statement from that other person
showing authority to make the application;
(4)
The
name, address, telephone number, date of birth, and copy of a state
or federal government issued photo identification of the person who
will be the event chairman and who will be responsible for its conduct;
(5)
The
name, address, telephone number, email address, date of birth, and
copy of state or federal government issued photo identification of
the property owner(s) authorizing the use of the property for a special
event;
(6)
The
proposed location and parking areas for the event;
(7)
The
approximate number of persons who are attending, including peak attendance
and duration of peak and, if applicable, the number and types of animals
and vehicles which will constitute such event;
(8)
The
location and size of tents, awnings, canopies, food service booths,
stage, sound system, merchandise booths, barricades, traffic cones,
proposed structures, fences, signs, banners, restroom facilities,
or other temporary structures shall be shown;
(9)
Details
for any planned signage shall be included;
(10)
When loudspeakers/stage sound system will be used, the location and
orientation of those speakers shall be shown;
(11)
The time at which on-site activities in preparation for the event
will begin;
(12)
The date(s) and time(s) the special event will start and terminate;
(13)
A description of the parade or special event and the requested dates
and hours of operation of the parade or special event;
(14)
The time and location of street closings, if any are requested for
the parade or special event;
(15)
Details of how the applicant will clean up the area used after the
parade or special event;
(16)
The parade's commencement and termination time, the starting and
termination points, and the specific route to be traveled provided
in written format including detailed directions as well as in an illustrated
map format;
(17)
A general schedule of the order of parade participants;
(18)
The estimated number, if any, of animals, animals and riders, animal-drawn
vehicles, floats, motor vehicles, motorized displays, and marching
units or organizations such as, but not limited to bands, color guards,
and drill teams;
(19)
If the event is to be held on private property, written permission
shall be provided with contact information for the holding of the
event from the owner of the property or his authorized representative;
(20)
An itinerary for all activities occurring during the special event;
(21)
Admission pricing;
(22)
List of vendors and merchandise, food or alcoholic beverages to be
sold including name, address, phone number, insurance coverage certificates,
required permits, of the vendors;
(23)
List of live entertainment to be provided;
(24)
Requirement for electricity, water, and other utilities;
(25)
List of vendor and program for fireworks and/or pyrotechnic display(s)
(such programs are subject to fire department review and approval);
(26)
List of aerial events (including but not limited to helicopters and
hot air balloons) to be provided. Aerial events are subject to fire
department review and approval, liability insurance requirements,
and inspection permits;
(27)
List of amusement/carnival rides and attractions. Carnival rides
and activities are subject to fire department review and approval,
liability insurance requirements, and inspection permits;
(28)
Prior approval by the parks and recreation department to use the
park facilities for a special event, if applicable;
(29)
Proof of nonprofit status;
(30)
Copy of contract, agreement, or details outlining arrangement between
applicant upon request;
(31)
Copies of permits and agreements with all city departments shall
be included with the application for a special event permit; and
(32)
Any other information which the city shall find necessary relating
to public health, safety and welfare.
(Ordinance 2016-06-09-03 adopted 6/9/16)
(a)
When
considering approval of a permit application, the special event review
committee may consider (without limitation) the following factors:
(1)
Whether the permit application allows for ample opportunity to properly
plan and prepare for the parade or special event;
(2)
Whether, police, fire and other city services will be unduly burdened
or adversely affected by the parade or special event;
(3)
Whether the parade or special event is reasonably likely to cause
injury to persons or property, to provoke disorderly conduct or create
a disturbance;
(4)
Whether the special event will substantially interrupt the safe and
orderly movement of traffic near its location or route; and
(5)
Whether there will be adequate sanitation and other necessary public
health facilities in or adjacent to any public assembly areas.
(b)
The
applicant should consider the parade or special event approved upon
receipt of the permit application indicating approval executed by
the special event review committee or special event manager prior
to the start of the special event for (without limitations) the plans
described below.
(c)
The
city, by approving such plans, assumes no liability or responsibility
therefor.
(d)
The
special event review committee may prescribe licenses and permits
required by other city ordinances, or applicable law, restrictions,
regulations, cost for city services, safeguards, and other conditions
necessary for the safe and orderly conduct of a parade or special
event, to be incorporated into the permit before issuance.
(e)
The
special event review committee shall provide the special event manager
the estimated cost for city services provided by their respective
department to ensure the safe and orderly operation of the parade
or special event. The special event manager will prepare and provide
the applicant with an invoice detailing these estimated costs. Payment
will be required not less than five (5) days prior to the date of
the parade or special event. If the actual costs for city services
are less than estimated, the city will issue a refund to the special
event applicant no less than two weeks after the special event.
(f)
Special
events and parades sponsored by the city or school district(s) within
the city will be exempt from fees associated with this article; however,
nonprofit organizations will not be exempt from fees associated with
this article unless otherwise granted an exception by the special
events committee.
(g)
In
consultation with the police chief, the special events manager may
provide for the issuance of permits for the use of golf carts, all-terrain
vehicles, or similar vehicles for use at special events or parades.
Such use shall be limited to those times and places indicated on the
permit.
(Ordinance 2016-06-09-03 adopted 6/9/16)
(a)
The
special events manager may deny a special event permit if:
(1)
The event will conflict in time and location with another event for
which a permit has already been granted;
(2)
The applicant/permittee fails to comply with, or the proposed parade
or special event will violate an ordinance of the city or any other
applicable law, unless prohibited conduct or activity would be allowed
under this article;
(3)
The applicant makes or permits the making of a false or misleading
statement or omission of material fact on an application for a special
event;
(4)
The applicant has been convicted of violating this article, or has
had a permit revoked within the preceding twelve (12) months or fail
to pay a special event fee;
(5)
The applicant fails to provide proof of a license or permit required
by this article or another city ordinance or by state law;
(6)
The event, in the opinion of the police chief, fire chief or the
special event committee, would severely hinder the delivery of normal
or emergency services or constitutes a public threat;
(7)
The applicant submits an incomplete application or fails to pay and
special event fees;
(9)
The event will unreasonably disrupt the orderly flow of traffic and
no reasonable means of rerouting traffic or otherwise meeting traffic
needs is available;
(10)
The event begins and/or ends outside the city limits, unless or until
the applicant receives approval from the adjacent city or county jurisdiction
where the parade or special event begins or ends;
(11)
The applicant fails to adequately provide for:
(A)
The 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;
(12)
The applicant fails to provide a certificate of liability insurance
naming the city as additional insured in the amount designated by
the mayor. Applicant must also provide the certificate of liability
insurance and an endorsement agreement not less than ten days prior
to the date of the parade or special event;
(13)
The applicant fails to provide proof that he possesses or is able
to obtain all licenses and/or permits required by this article or
other city ordinances or by other applicable law for the conduct of
all activities included as part of the parade or special event;
(14)
The applicant fails to notify the businesses affected by the parade
or special event, in writing, of proposed street closures fourteen
(14) days prior to the event;
(15)
The applicant fails to submit the required fees and agrees in writing
to reimburse the city for the estimated costs for the proposed parade
or special event;
(16)
The proposed parade or special event would unduly burden city services;
(17)
The applicant failed to provide a certificate of liability insurance
and endorsement agreement naming the city as additional insured in
the amount designated ten (10) days prior to the event; or
(18)
The applicant failed to pay any outstanding fees or estimated costs
owed to the city for the parade or special event permit.
(b)
Should
the applicant for a parade or special event permit reveal that the
route requested would interfere with the orderly flow of vehicular
and pedestrian traffic, the special event review committee shall have
the authority to establish a reasonable alternate route and regulate
the width of the event.
(c)
The
special events manager or other designated city official shall revoke
a special event permit if:
(1)
There are findings that any of the provisions of this article, another
city ordinance, or state law is being violated;
(2)
In the judgment of the special events manager, a violation exists
which requires immediate abatement;
(3)
The applicant made or permitted to be made a false or misleading
statement or omission of material fact on an application for a special
event permit;
(4)
The applicant fails to comply with the special event permit, an ordinance
of the city, or any other applicable law; or
(5)
The parade fails to begin in a timely manner as determined by the
police chief, fire chief, special event manager, or their designees.
(d)
No
permit application shall be denied solely on the basis of the content
or particular message of any event.
(Ordinance 2016-06-09-03 adopted 6/9/16)
If the special events manager or the special event review committee
denies the issuance of or revokes a permit application, the special
event manager shall send to the applicant or permit holder, by certified
mail, return receipt requested, written notice of the denial or revocation
and of the right to an appeal within a reasonable period of time not
to exceed more than five (5) business days after the committee renders
its decision. The decision of the special events manager or special
event review committee is final unless the applicant or permit holder
appeals the decision within three business days to the Mayor, in writing.
The Mayor shall, within three (3) business days after the appeal is
filed, 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 Mayor shall be final.
(Ordinance 2016-06-09-03 adopted 6/9/16)
The permit granted under the terms of this article shall not
exceed a period of fourteen (14) days.
(Ordinance 2016-06-09-03 adopted 6/9/16)
