(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)
(1)
A permit application for a parade or special event shall be made
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 21 or 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 21 or 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.
(2)
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 2011-42 adopted 12/12/11)
The application for a special event permit shall set forth as
a minimum of the following information:
(1)
The
name, address, telephone number, and state identification or driver’s
license number 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;
(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, and state driver’s license
or identification number 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, and driver’s
license number 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, tents shall be inspected
and permitted per section A1.006, special events;
(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/promoter 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 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 vendors and program for fireworks and/or pyrotechnic display(s);
(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. The estimated
number of persons to participate in the parade or special event;
(28)
Prior approval by the parks and recreation department to use the
park facilities for a special event, if applicable;
(29)
Copy of contract, agreement, or details outlining arrangement between
applicant and promoter upon request;
(30)
Copies of permits and agreements with all city departments shall
be included with the application for a special event permit; and
(31)
Any other information which the city shall find necessary relating
to public health, safety and welfare.
(Ordinance 2011-42 adopted 12/12/11; Ordinance 2014-38, sec. 3.04, adopted 9/9/14; Ordinance 2014-38, sec. 3.05, adopted 9/9/14; Ordinance 2014-38, sec. 3.06,
adopted 9/9/14; Ordinance
2014-38, sec. 3.07, adopted 9/9/14; Ordinance 2014-38, sec. 3.08, adopted 9/9/14)
(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/promoter 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/promoter with an invoice detailing these estimated costs.
Payment will be required not less than five 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/promoter no less than two weeks after the special
event. Prior to the issuance of a permit and within ten (10) days
of receiving the form establishing additional required fees, the applicant
shall agree in writing to pay the costs to the city-approved outside
contractors for costs associated with the event. Applicant shall pay
the contractors on the day(s) the services are performed.
(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.
(g)
Upon
review and written approval of 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. Application for use of described vehicles shall
identify who the drivers will be and the number of vehicles. Such
use shall be limited to those times and places indicated on the permit.
(Ordinance 2011-42 adopted 12/12/11; Ordinance 2014-38, sec. 3.09, adopted 9/9/14; Ordinance 2014-38, sec. 3.10, adopted 9/9/14)
(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/promoter 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 12 months or fails 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 one or more of the special event committee
members, would severely hinder the delivery of normal or emergency
services or constitutes a public threat;
(7)
The applicants submits an incomplete application or fails to pay
any 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; or
(10)
The event begins and/or ends outside the city limits, unless or until
the applicant/promoter 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/promoter fails to provide a certificate of liability
insurance naming the city as an additional insured in the amount designated
by the human resources/risk management representative to the special
event review committee. Applicant/promoter 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/promoter fails to provide proof that he possesses or
is able to obtain all licenses and/or permits required by this code
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/promoter fails to notify the businesses affected by
the parade or special event, in writing, of street closures ten days
prior to the event;
(15)
The applicant/promoter 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;
(b)
Should
the applicant/promoter 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;
(5)
The applicant/promoter failed to provide a certificate of liability
insurance and endorsement agreement naming the city as an additional
insured in the amount designated ten days prior to the event;
(6)
The applicant/promoter failed to pay any outstanding fees or estimated
costs owed to the city for the parade or special event permit; or
(7)
The parade fails to begin in a timely manner as determined by the
police chief, fire chief, special event manager, or their designees.
(Ordinance 2011-42 adopted 12/12/11; Ordinance 2014-38, sec. 3.11, adopted 9/9/14)
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. The applicant will be refunded one-half
of the committee review application fee only when an alternate date
for the parade or special event is not viable. The decision of the
special events manager or special event review committee is final
unless the applicant/promoter or permit holder appeals the decision
within three business days to the city manager, in writing. The city
manager shall, within three 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 city manager shall be final.
(Ordinance 2011-42 adopted 12/12/11)
The permit shall identify the length of the event granted under
the terms of this article and shall not exceed a period of 14 days.
Special event assembly and disassembly shall occur within the specified
term.
(Ordinance 2014-38, sec. 3.12, adopted 9/9/14)
