In this article:
(1)
Applicant
means a person who has filed a written
application for a special event permit.
(2)
Special event
means a temporary event or gathering,
including but not limited to parades, bike races, marathons, walk-a-thons,
or other types of races and festivals, using either private or public
property or both, and which involves one or more of the following
activities:
(a)
Closing a public street;
(b)
Blocking or restriction of public property;
(c)
Sale of merchandise, food or beverages on public property, or on
private property where otherwise prohibited by ordinance;
(d)
Erection of a tent on public property, or on private property where
otherwise prohibited by ordinance;
(e)
Installation of a stage, bandshell, trailer, van, portable building,
grandstand or bleachers on public property, or private property where
otherwise prohibited by ordinance;
(f)
Placement of portable toilets on public property, or on private property
where otherwise prohibited by ordinance; or
(g)
Placement of temporary no-parking signs in a public right-of-way.
(3)
Special event permit
means written approval
from the Building Official to hold a special event.
(Ordinance 4779, sec. 1, adopted 6/7/94)
(A)
The
provisions of this article shall be administered and enforced by the
Building Official.
(Ordinance 4779, sec. 1, adopted 6/7/94)
The provisions of this article are cumulative of all City ordinances.
Tent permits, building permits, electrical permits, food establishment
permits, temporary outdoor amusement permits, animal exhibit permits,
and all other permits required by ordinance or other law for specific
activities to be conducted in conjunction with or as part of the special
event may be applied for in one application through the Building Official
if, in the determination of the Building Official, a cumulative permit
is appropriate for the special event.
(Ordinance 4779, sec. 1, adopted 6/7/94)
The provisions of this article do not apply to a special event:
(Ordinance 4779, sec. 1, adopted 6/7/94)
(A)
A person desiring to hold a special event shall apply for a special event permit by filing with the Building Official a written application upon a form provided for that purpose. A nonrefundable fee as specified in section 30.301 of this chapter must accompany each application. An application for a special event must be filed not less than forty-five (45) days before the special event is to begin. The Building Official may waive the 45-day filing requirement if the Building Official determines that the application can be processed in less than forty-five (45) days, taking into consideration the number and types of permits required to be issued in conjunction with the special event permit.
(B)
An
application must contain the following information:
(1)
The name, address and telephone number of the applicant and any other
organization they represent and of person(s) responsible for the conduct
of the special event;
(2)
A description of the special event and requested dates and hours
of operation for the special event;
(3)
The estimated number of persons to participate in the special event;
(4)
In addition to the foregoing, an application for a special event
shall contain the following:
(a)
A sketch showing the area or route to be used during the special
event, along with proposed structures, tents, fences, barricades,
signs, banners and restroom facilities;
(b)
The time and location of street closings, if any, are requested;
(c)
Details of the sale of merchandise or the sale or serving of food
or beverages at the special event, designating the vendors involved;
and
(d)
Description of animals to be used in the special event, if any.
(C)
Upon
receipt of the completed application, the Building Official shall
forward a copy of the application to the appropriate departments of
the City. Each department shall review the application and return
it, with any comments, to the Building Official within ten (10) working
days of receipt.
(D)
The
applicant shall submit evidence that sufficient parking will be provided
for the special event to accommodate the projected number of persons
attending the special event with a ten percent (10%) surplus. If parking
is to be provided on private property adjacent to the special event,
the applicant shall submit written evidence that the applicant has
a right of possession of the property through ownership, lease, license,
or other permission. If the property is not an established parking
area, the applicant shall submit a form describing how parking on
the property will be achieved and arranged, including a designation
of the number of parking spaces to be provided on the property.
(E)
The
applicant for a special event shall also provide the Building Official
with copies of all agreements or other arrangements regarding the
provision of police and other emergency services, barricades and traffic
control, and litter collection and trash removal.
(F)
If the applicant intends to use City services to provide any of the services described in subsection (E), above, the City shall submit to the applicant an estimate of the cost of each service. Any significant change in the nature and/or scope of the event may result in additional charges for City services. The applicant shall pay to the City a deposit of fifty percent (50%) not less than five (5) days prior to the special event and sign an agreement agreeing to pay the balance due within ten (10) days after the special event upon final accounting of the costs due.
(G)
The
departments and the Building Official shall designate the licenses
and permits required by other City ordinances or applicable law, restrictions,
regulations, costs for City services, safeguards and other conditions
necessary for the safe and orderly conduct of a special event, to
be incorporated into the permit before issuance.
(H)
After reviewing the application and departmental comments, the Building Official shall issue the special event permit unless denied in accordance with section 30.215. A special event permit may be issued for a period not to exceed fourteen (14) consecutive days for a special event. A separate permit is required for each 14-day period during which a special event will be conducted.
(Ordinance 4779, sec. 1, adopted 6/7/94; Ordinance 5628, sec. 17, adopted 2/19/02)
(A)
The
Building Official shall deny an application for a special event permit
if:
(1)
A special event permit has been previously granted for another special
event at the same place and time;
(2)
The proposed special event will occupy any part of a freeway, expressway
or tollway;
(3)
The time, place or manner of the proposed special event or demonstration
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 comply with, or the proposed special event
will violate this article, another City ordinance, or other applicable
law, unless the prohibited conduct or activity would be allowed under
this article, or the applicant has failed to comply with the terms
of a previous special use permit;
(5)
The applicant makes a false statement of material fact on an application
for a special event permit;
(6)
The applicant fails to provide proof that the applicant 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; or
(7)
The applicant fails to pay any outstanding costs owed to the City
for a past special event.
(B)
The
Building Official shall revoke a special event permit if:
(1)
The applicant fails to comply with or conducts the special event
in violation of a condition or provision of the special event permit,
an ordinance of the City or any other applicable law; or
(2)
The permit holder made a false statement of material fact on an application
for a special event permit.
(Ordinance 4779, sec. 1, adopted 6/7/94)
If the Building Official denies the issuance of a permit or
revokes a permit, the Building Official shall promptly 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 or permit holder may appeal the decision of
the Building Official to the City Manager, who shall promptly make
a ruling on the appeal.
(Ordinance 4779, sec. 1, adopted 6/7/94)
The Director of Police may, as determined by a review of the
proposed special event and the materials submitted by the applicant,
prohibit or restrict, for temporary periods and only in conjunction
with the special event, the parking of vehicles along a street or
streets within and adjacent to the site of the special event. The
City shall post signs to such effect and it shall be unlawful for
any person to park or leave unattended any vehicle in violation of
such signs.
(Ordinance 4779, sec. 1, adopted 6/7/94)
