A temporary event, gathering, or organized activity, including
but not limited to street fairs, craft shows or fairs, trade shows,
, races, runs, rallies, parades, or other similar events or attractions
that involve one or more of the following:
Takes place in whole or in part on city property;
Interferes with the normal flow or regulation of pedestrian
or vehicular traffic;
Requires special city services such as road closures, barricades,
special parking considerations, temporary signage or security;
The proposed activities in the event are inconsistent with the
permanent use to which the property may legally be used.
(Ordinance 2020-06-01-01 adopted 6/1/20)
This article shall not apply to:
(1)
Funeral processions;
(2)
Events involving the use of municipal facilities for which a separate
permit or agreement is required;
(3)
Events occurring completely on property owned by another governmental
entity;
(4)
Land uses authorized under the city’s land use regulations,
either as a permitted or specific use in the zoning district;
(5)
Functions occurring within a private residence or completely on private
property;
(6)
An activity organized by a home-owners association that does not involve any of the criteria listed in the definition of special event in section 16.04.001; or
(7)
City-sponsored events.
(Ordinance 2020-06-01-01 adopted 6/1/20)
No person shall engage in or conduct a special event unless
a permit is issued by the assistant city manager or authorized designee.
(Ordinance 2020-06-01-01 adopted 6/1/20)
(a)
A person seeking a special event permit shall file an application
with the assistant city manager or authorized designee. Specifics
of what is required in the application shall be determined by the
city manager and included in a special events permit manual.
(b)
An application for a permit shall be filed at least sixty (60) days
and not more than one hundred eighty (180) days before the event is
proposed to commence. The assistant city manager or authorized designee
may waive the minimum sixty (60) day filing period and accept an application
filed within a shorter period if, after due consideration of the date,
time, place, and nature of the event, the anticipated number of participants,
and the city services required in connection with the event, it is
determined that the waiver of the filing deadline will not present
a hazard to public safety.
(Ordinance 2020-06-01-01 adopted 6/1/20)
(a)
A nonrefundable fee to cover administrative costs of processing the permit shall be paid to the city by the applicant when the application is filed. The type and amount of the applicable fees are included in appendix A.
(b)
If the application is for the use of any city property or if any
city services will be required for the event, the applicant shall
pay (prior to the issuance of a permit) the charges for those services
as estimated by the assistant city manager in accordance with the
city’s fee schedule for such services.
(Ordinance 2020-06-01-01 adopted 6/1/20)
Event signage shall conform with the provisions of chapter 26 of this code.
(Ordinance 2020-06-01-01 adopted 6/1/20)
(a)
The chief of police shall determine whether and to what extent additional
police protection is reasonably necessary for the event for traffic
control and public safety.
(1)
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.
(2)
The speech content of the event shall not be a factor in determining
the amount of police protection necessary.
(3)
If possible, without disruption of ordinary police services or compromise
of public safety, regularly scheduled on-duty personnel will police
the event.
(4)
If additional police protection is deemed necessary by the chief
of police, the applicant for the permit shall be so informed. 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.
(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 as equivalent in ability to protect
the peace as the police department, given the nature of the event.
(Ordinance 2020-06-01-01 adopted 6/1/20)
(a)
The assistant city manager or authorized designee shall issue a permit
as provided for herein after consideration of the application and
any such other information as may otherwise be obtained, if he or
she 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 the normal police protection
of the city;
(3)
The concentration of persons, animals, and vehicles at public assembly
points of the event will not unduly interfere with proper fire and
police protection of, or ambulance service to, areas contiguous to
such public assembly areas;
(4)
The conduct of the event is not reasonably likely to cause injury
or illness 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 near the site of the event to
accommodate the number of vehicles reasonably expected;
(8)
The applicant has secured the police protection or private security
personnel, if any, that is required under this chapter;
(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 resources required for that prior event are so great
that, in combination with the subsequent proposed application, the
resulting deployment of police 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 application.
(Ordinance 2020-06-01-01 adopted 6/1/20)
The assistant city manager or authorized designee shall uniformly
consider each application upon its merits and shall not discriminate
in granting or denying permits under this article based upon political,
religious, ethnic, race, disability, sexual orientation, or gender
related grounds.
(Ordinance 2020-06-01-01 adopted 6/1/20)
The assistant city manager or authorized designee shall act
promptly upon a timely filed application for an event permit but in
no event shall grant or deny a permit less than thirty (30) days prior
to the event. If the assistant city manager or authorized designee
denies the application, the applicant shall be notified of this action
and the reasons for denial.
(Ordinance 2020-06-01-01 adopted 6/1/20)
(a)
Any applicant shall have the right to appeal the denial of an event
permit to the city manager.
(b)
The denied applicant shall promptly make the appeal after receipt
of the denial by filing a written notice with the city secretary by
email or personal delivery within five (5) days of the date of the
denial.
(c)
The city manager shall act upon the appeal within five (5) days of
receipt of the appeal.
(d)
If the city manager denies the appeal, the applicant shall be notified
of this action and the reasons for denial.
(e)
The applicant shall then have the right to further appeal the denial
to the city council at the next scheduled meeting by filing a written
notice with the city secretary within five (5) days of the denial.
(Ordinance 2020-06-01-01 adopted 6/1/20)
(a)
A permittee hereunder shall comply with all permit directions and
conditions and with all applicable laws and ordinances.
(b)
At least twenty (20) days prior to the date of the event, the permit
holder shall submit to the assistant city manager or authorized designee
a certificate of insurance showing commercial general liability coverage,
including premises operations, independent contractors, personal injury,
and contractual liability, at a combined single limit of two hundred
fifty thousand dollars ($250,000.00) per person/five hundred thousand
dollars ($500,000.00) per occurrence, or such other amount as determined
by the assistant city manager or designee according to identified
risks involved with the event. The city shall be named as an additional
insured and provided with notice of cancellation or material alteration
of the insurance policy prior to the event taking place. The policy
must be provided by a company licensed to do business in the state
and authorized by the state department of insurance to provide such
policies of insurance in the state.
(c)
Applicant shall also execute an indemnification agreement with the
city, in a form acceptable to the city attorney.
(Ordinance 2020-06-01-01 adopted 6/1/20)
The city manager or authorized 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 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 2020-06-01-01 adopted 6/1/20)
