(a)
The
provisions of this article shall apply within the city limits (i.e.
incorporated municipal boundary).
(b)
It
shall be unlawful for any person to violate the provisions of this
article.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
means and shall be construed to include, but is not necessarily
limited to, the following temporary uses and similar types of uses:
a carnival, ceremony, fair, festival, outdoor event, parade, race,
sports event, or street party and/or gathering which involves one
(1) or more of the following:
Any activity that exceeds the location’s operational ability
to accommodate the attendees in a safe and non-disruptive manner relating
to the ability for police and emergency services to respond to emergency
needs or where the health, life, and safety of the public is potentially
jeopardized;
Closing or modifying the traffic flow on a public street;
Blocking or restricting the use of public and/or private property;
Requiring the placement of temporary no-parking or traffic-control
signs in a public right-of-way;
Placement of equipment or cables across public streets, public
sidewalks or public rights-of-way;
The use of a large quantity of hazardous material, flammable
fuels or substances, or substances that are not used in the normal
course of business of the applicable premises;
Animals or concentration of animals not normally allowed or
provided for within the city or that are not used in the normal course
of business of the applicable premises; or
The event is open to the general public and its duration goes
past 12:00 a.m. any night.
means written approval from the city manager or his or her
designee to hold a special event.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
(a)
Whenever
any work is being done contrary to the provisions of this article,
the city manager or his or her designee may order the work stopped
by notice in writing (referred to as a “stop work order”)
served on any persons engaged in doing or causing such work to be
done. The stop work order shall be posted on the property adjacent
to the activity in question, and any such person shall forthwith stop
work until authorized by the city manager or his or her designee to
proceed with the work.
(b)
Any
person violating this article, upon conviction, is punishable by a
fine not to exceed $2,000.00.
(c)
Any
person violating this article is subject to suit for injunction as
well as prosecution for criminal violations.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
A person commits an offense if he:
(1)
Commences
or conducts a special event without a special event permit required
by this article; or
(2)
Fails
to comply with any provision of this article.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
(a)
A
person desiring to hold a special event shall apply in advance for
a special event permit by filing with the city manager or his or her
designee a written application upon a form provided by the city for
that purpose as early in the planning process as possible, but at
least thirty (30) days prior to the event. The city manager or his
or her designee shall inform the applicant of any further information
needed, restrictions, regulations and fees for city services within
5 business days thereafter. If the completed application is returned
to the city manager or his or her designee less than thirty (30) days
before the event, it is the decision of the city manager or his or
her designee whether the application can be processed in less time.
(b)
The
city manager or his or her designee shall be authorized to issue such
a permit when the application therefor is found to be in compliance
with this article. The city manager, in his or her sole discretion,
may forward an application to the city council for approval or denial.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
Activities are not considered special events if they are deemed to be part of the ordinary normal day-to-day operation of the entity within the normal course of business and/or intended use of the facilities; or are private parties, other than block parties, at residential locations that meet the definition under section 1.07.002(2) and (3).
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
The provisions of this article are cumulative of all city ordinances
and/or other state or federal law required for specific activities
to be conducted in conjunction with or as part of the special event
shall be applied for separately in accordance with such applicable
city ordinance and/or state or federal law.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
Each owner or operator of a temporary special event shall file
with the city a signed application for a special event along with
all of the following additional information:
(1)
The
full name and principal office of the individual, firm, partnership,
corporation, association or other legal entity applying for the special
event permit;
(2)
The
name, address and telephone number of the person or persons responsible
for the conduct of the special event;
(3)
A
description of the special event, requested dates and hours of operation
for the event to include hours the event will start and terminate;
(4)
The
estimated number of persons to participate in the special event;
(5)
A
sketch/site plan showing the areas to be used during the special event
along with any proposed structures, tents, fences, barricades and
signs;
(6)
Details
of how the applicant proposes to provide security and traffic control;
(7)
The
time and location of public street closings, if any are requested;
(8)
Description
of animals and their enclosures that may be used in the special event,
if any;
(9)
Daily
cleaning of the site for picking up trash, debris and any other foreign
matter;
(10)
Details of how the applicant will clean up the public rights-of-way
and/or city property used after the special event;
(11)
Proof that the applicant possesses or will obtain all licenses and
permits required by city ordinance and/or by state or federal law
for the conduct of the special event;
(12)
Applicants for block parties, which include barricading streets, shall present written documentation that an attempt was made to notify all residents residing in the affected block of the proposed dates and times of the street blockage. Applicants for block parties shall only be required to provide subsections (1), (2), (3), (4), (7) (8), and (11) above and the written documentation described herein;
(13)
Proof of property owner’s and/or operator’s liability
insurance which names the city as an additional insured;
(14)
Traffic-control plan, including maximum available parking on the
site and provisions for parking above maximum available parking on
the site with a designation of where, if applicable, no-parking signs
will be used;
(15)
Plan for provision of off-site shuttle service if necessary, if parking
demand exceeds the amount of parking provided on site;
(16)
Complete and accurate description and estimated quantity of any potentially
hazardous or flammable materials that will be stored and/or used on
site, either in the buildings or on the premises;
(17)
Description, location and placement of all sign(s) to be placed [on]
public rights-of-way at the event; a sign permit may be required;
(18)
Safety plan to include: emergency vehicle access; fire safety; first
aid functions; crowd control; primary and secondary evacuation routes;
and temporary fire-control measures to be reviewed and approved by
the fire chief, in his discretion; and
(19)
Any additional information that the city manager or his or her designee
finds reasonably necessary for a fair determination as to whether
a permit should be issued.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
No fewer than five (5) days prior to the date of the event,
the permit holder shall submit to the city manager or his or her designee
a certificate of insurance showing commercial general liability coverage,
including premises operations, independent contractor, personal injury
and contractual liability, at a combined single limit of one million
dollars ($1,000,000.00) per occurrence. The city shall be named as
an additional insured and provided with at least thirty (30) days’
advance notice of cancellation or material alteration of the insurance
policy.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
Special event fees and charges are included in the city’s fee schedule found in section A9.01 in appendix A of this code.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
(a)
The chief of police shall determine whether and to what extent additional security protection is reasonably necessary for the event for traffic control and public safety. The chief of police shall base this decision on the size, location, duration, time and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the streets and sidewalks. If possible, without disruption of ordinary police services or compromise of public safety, regularly scheduled on-duty personnel will police the event. If additional police protection for the public assembly is deemed necessary by the chief of police, he shall so inform the applicant. The applicant then shall have the duty to secure the police protection deemed necessary by the chief of police at the sole expense of the applicant per section A9.01 in appendix A of this code.
(b)
Special
events permittees are allowed to engage and utilize private security
services for an event in lieu of hiring city police personnel, if
approved by the chief of police.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
The fire chief shall determine whether and to what extent additional fire and medical protection is reasonably necessary for the event for public safety. If possible, without disruption of ordinary services or compromise of public safety, regularly scheduled on-duty city personnel will be assigned to the event. If additional city fire or medical protection for the public assembly is deemed necessary by the fire chief, he shall so inform the applicant for the permit. The applicant then shall have the duty to secure the city fire and medical protection deemed necessary by the fire chief at the sole expense of the applicant per section A9.01 in appendix A of this code.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
(a)
The
city manager or city council shall issue a permit as provided for
herein from a consideration of the application and from such other
information as may otherwise be obtained, if he, she, or it finds
that:
(1)
The conduct of the event will not substantially interrupt the safe
and orderly movement of other pedestrian or vehicular traffic contiguous
to its route or location;
(2)
The conduct of the event will not require the diversion of so great
a number of city police officers to properly police the line of movement
and the areas contiguous thereto as to prevent normal police protection
of the city;
(3)
The concentration of persons, animals, and/or vehicles at public
assembly points of the event will not unduly interfere with proper
fire, police, or ambulance service to the area or areas contiguous;
(4)
The conduct of the event is not reasonably likely to cause injury
to persons or property;
(5)
If a parade is involved, the event is scheduled to move from its
point of origin to its point of termination expeditiously and without
unreasonable delays en route;
(6)
Adequate sanitation and other required health facilities are or will
be made available in or adjacent to any public assembly areas;
(7)
There are sufficient parking places to accommodate the number of
vehicles reasonably expected;
(8)
The applicant has secured proper security protection and medical
services;
(9)
No special event permit application for the same time and location
is already granted or has been received and will be granted;
(10)
No special event permit application for the same time but a different
location is already granted or has been received and will be granted,
and the police/fire resources required for that prior event are so
great that, in combination with the subsequent proposed application,
the resulting deployment of police/fire services would have any immediate
and adverse effect upon the welfare and safety of persons and property;
and
(11)
No event is scheduled elsewhere in the city where the police resources
required for that event are so great that the deployment of police
services for the proposed event would have an immediate and adverse
effect upon the welfare and safety of persons and property.
(b)
No
permit shall be granted that allows for the erection or placement
of any structure, whether permanent or temporary, on a city street,
sidewalk, or right-of-way unless advance approval for the erection
or placement of the structure is obtained as part of the permit.
(c)
Prior
to the issuance of a permit for a special event on public right-of-way
and/or city property, the applicant may be required to file with the
city manager a deposit in an amount which will cover the estimated
costs of cleaning up the event site and/or parade route. Upon submission
of the application, the city manager shall calculate the estimated
costs based on the information contained in the application. If required
by the city, the applicant shall deposit cash, money order, or cashier’s
check (no personal checks will be accepted) sufficient to cover these
estimated expenses. This deposit shall be made no later than fifteen
(15) days prior to the date which the event is proposed to commence.
After the event has been completed, the city manager shall deduct
the costs of cleaning up the event site and/or parade route from the
deposited amount. The city shall then return any remaining balance
from the deposit to the permit holder within thirty (30) days after
the event. In the event that the city manager initially underestimated
cleanup costs and there remains a balance due after applying the deposited
amount toward these expenses, the permit holder shall receive from
the city a bill for the difference. The city shall provide such bill
to the permit holder within two (2) weeks after the event. The payment
for the outstanding balance of the cost of the event shall be due
to the city within thirty (30) days after the date of the event.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
(a)
The
city manager or his or her designee shall deny a special event permit
for any of the following reasons:
(1)
The applicant fails to comply with any provision of this article;
(2)
A special event permit has been granted for another special event
at the same time in the city on successive days;
(3)
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;
(4)
The applicant fails to adequately provide for any of the following:
(A)
The protection of private property adjacent to the special event
location.
(B)
Protection of public and private property.
(C)
Crowd security, taking into consideration the size and character
of the event.
(D)
Emergency vehicle access.
(E)
General well-being and safety of the participants as detailed by
the proposed activities contained in the application.
(5)
The applicant fails to comply with, or the proposed special event
will violate, any city ordinance or state or federal law;
(6)
The applicant makes a false statement of any material fact on the
application for a special event permit;
(7)
The applicant fails to provide proof that he 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 applicant fails to also name the city as additional insured under
an insurance policy for commercial general liability coverage, including
premises operations, independent contractor, personal injury and contractual
liability, at a combined single limit of one million dollars ($1,000,000.00)
per occurrence.
(b)
The
city manager or his or her designee shall revoke a special event permit
if:
(1)
The applicant fails to comply with, or the special event is in violation
of, a condition or provision of the special event permit, an ordinance
of the city or any state or federal applicable law;
(2)
The permit holder made a false statement of material fact on an application
for a special event permit.
(c)
The
city manager or his or her designee shall have the authority to revoke
an event permit instantly upon violation of the conditions or standards
for issuance as set forth in this article or when a public emergency
arises where the police/fire resources required for that emergency
are so great that deployment of police services for the event would
have an immediate and adverse effect upon the welfare and safety of
persons or property.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
The city manager or his or her designee may issue a permit for
a special event and shall impose such conditions upon the permit as
may be necessary to protect the public.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
The city manager, or city council if applicable, shall uniformly
consider each application upon its merits and shall not discriminate
granting or denying permits under this article based upon political,
religious, ethnic, race, disability, sexual orientation or gender
related grounds.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
The city manager shall act promptly upon a timely filed application
for an event permit but in no event shall grant or deny a permit less
than five (5) days (120 hours) prior to the event. If the city manager
or city council disapproves the application, he or she shall notify
the applicant at least five days prior to the event of his action
and state the reasons for denial.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
(a)
Any
applicant shall have the right to appeal the denial of an event permit
by the city manager to the city council. The denied applicant shall
promptly make the appeal after receipt of the denial by filing a written
notice with the city manager and a copy of the notice with the city
secretary, in no event less than eighty-four (84) hours prior to commencement
of the proposed event. The city council shall act upon the appeal
at the next scheduled meeting following receipt of the notice of appeal
unless a special meeting is called for that purpose.
(b)
In
the event that the city council rejects an applicant’s appeal
or fails to call a special meeting for the purpose of considering
the appeal, the applicant may file an immediate request for review
with a court of competent jurisdiction.
(Ordinance 14-12-16A, sec. II, adopted 12/9/14)
