This article shall be known as the city “special event permit ordinance.”
(Ordinance 730-21 adopted 12/28/21)
The purpose of this article is to provide the city with a mechanism for regulating the dates, times, location and conditions under which permittees are authorized to make use of public property in a manner which is consistent with the public health, safety and welfare of the city and which promotes the use of public property for special recreational, entertainment, or charitable events. The city’s fees are established in order to recoup the actual costs of hosting an event in a city park or street and providing services to protect public health, safety and welfare.
(Ordinance 730-21 adopted 12/28/21)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:
The city manager of the City of Aubrey or designee.
The person designated by the city manager to administer the special event permit ordinance, including his/her authorized designees.
Any property owned, maintained, or controlled by the city as a public park.
Any land owned by or public streets within the city.
Any event organized, operated and/or sponsored by an individual, corporation, partnership or other entity or organization intended primarily for recreational, entertainment or charitable purposes, which requires the use of public property and/or streets of the city. The term special event includes the following:
Major special event.
A special event exceeding four (4) hours in duration, of which more than 100 people are affiliated or projected to attend, or which may require use of city services.
Minor special event.
A special event not exceeding four (4) hours in duration, with which less than 100 people are affiliated or projected to attend, and which does not require use of city services.
(Ordinance 730-21 adopted 12/28/21; Ordinance 908-25 adopted 5/22/2025)
(a)
Prior to holding a special event within the city, all special event organizers must submit a fully and accurately completed special event permit application, and associated fee, to the city pursuant to this article. Each special event permit application shall be submitted to the city at least 20 days prior to a regular meeting of the city council; provided however, additional time may be required if staff determines that the foregoing minimum notice does not provide sufficient and reasonable time before the contemplated special event for the applicant to comply with all requirements set forth herein, for city staff review of the application for compliance with this article, and for city to provide sufficient support resources as necessary for public safety. The special event application form is on file in the office of the city secretary. The application shall include, at a minimum:
(1)
Dates and times of the event;
(2)
Description of the event;
(3)
A site plan and/or route map;
(4)
Designated areas of public property or streets to be affected by the event;
(5)
Estimated number of people attending the event;
(6)
Evidence of adequate personnel to safely and effectively run the event;
(7)
Evidence of adequate liability insurance naming the city as an additional insured;
(8)
Plan for after-event clean up;
(9)
Plan for traffic, parking, and crowd control;
(10)
Rules and regulations for vendors and other persons actively participating in the festivities for the event and for the general public attending the event;
(11)
Need for extra restroom facilities for the event;
(12)
List of proposed vendors, if any, for the event; and
(13)
Need for city services for the event (utilities, police officers, etc.).
(b)
Special event applications will be reviewed and interpreted as a major or minor special event by the event coordinator based upon review and input from city staff, including without limitation the city secretary, police chief, fire chief, director of public works, and/or other appropriate department managers as required based on the nature of the application and the criteria set forth in this article (collectively "city staff"). In order to protect the public health, safety and welfare and to project a positive image for the city, upon review of the special event organizer's plan, staff may determine that the special event organizer's plan should be amended and identify additional requirements.
(c)
When considering a request for a special event permit, special event coordinator shall consider the application submitted, proposals of the applicant, and recommendations from staff. Event coordinator's approval of a special event permit may be conditioned upon the special event organizer's compliance with additional conditions and/or restrictions as determined appropriate by the event coordinator and city staff considering public health, safety and welfare generally or for any of the criteria set forth above. At minimum, the following criteria will be considered when making a determination regarding the issuance of a special event permit:
(1)
Whether the proposed special event is consistent with the goal of promoting use of public property for recreational, entertainment or charitable events, and the event is organized in such manner that it will be conducted safely considering the health, safety and welfare of the participants, the general public and the residents of the city; and
(2)
Whether the proposed special event may be conducted in the location proposed without endangering the public safety, disturbing the peace, and while ensuring the health and order of the public, considering the following factors:
(A)
Parking and traffic control for the event;
(B)
Crowd control for the event;
(C)
Adequate liability insurance;
(D)
Arrangements for clean-up following the event;
(E)
Burden on municipal services or utilities;
(F)
Undue adverse effect on neighboring properties; and
(G)
Applicant has sufficient financial ability and personnel to conduct the event to the satisfaction of the city.
(Ordinance 730-21 adopted 12/28/21; Ordinance 908-25 adopted 5/22/2025)
No person may conduct a special event on public property without a special event permit issued by the city pursuant to this article, unless exempted from such requirement by this article. Additionally, major special event applicants may be required to enter into a separate written agreement with the city in addition to obtaining the required permit. Special event permits may be issued subject to conditions and may be revoked or denied as authorized by this article.
(Ordinance 730-21 adopted 12/28/21; Ordinance 908-25 adopted 5/22/2025)
(a)
Except as otherwise provided herein, in order to submit a special event permit application, the special event organizer shall at the time of submission of such application, pay to the city a non-refundable application fee based on a fee schedule adopted by the city, a copy of which will be maintained on file with the city secretary, and which may be reviewed and amended by the city council as council in its discretion determines necessary.
(b)
Prior to the issuance of a special event permit by the city, the permit holder shall pay to the city a non-refundable permit fee based on a fee schedule adopted by the city, a copy of which will be maintained on file with the city secretary, and which may be reviewed and amended by the city council as council in its discretion determines necessary.
(c)
Within 10 days after approval of a special event permit by the city or at least three business days before the date of the approved special event, whichever occurs first, the applicant shall pay the city the total estimated costs for city services pursuant to section 4.10.007 below as a deposit to be applied to the actual costs incurred. In the event that additional costs for public safety, clean-up or other services are required to be provided by city in excess of the cost estimate, the city shall credit the deposit against the actual costs and applicant shall pay the balance within 10 days of receipt of an invoice from city.
(d)
Fees provided in this article shall not apply to special events which are sponsored or co-sponsored by the city, its boards, commissions, and departments.
(Ordinance 730-21 adopted 12/28/21; Ordinance 908-25 adopted 5/22/2025)
In considering whether to approve an application for a special event permit, the event coordinator and city staff will review the application based upon the following criteria and provide the applicant with an estimate of the total cost of all city services requested by applicant for the proposed special event and/or as determined by event coordinator and city staff to be required for the proposed special event, including without limitation the following:
(1)
The city police department shall make a determination regarding safety and security needs and requirements for the proposed special event. Special duty city police officers may be required, in the sole discretion of the police department, based on the size of the event or when alcohol is served. The city police department shall be responsible for the assignment and supervision of city police officers for special events. The special event organizer shall contract directly with the city police officers for the actual costs of providing services.
(2)
The public works department shall make a determination regarding required resources for the event, including without limitation whether the event requires equipment rental, additional personnel, whether post-event clean-up is properly planned for by the event organizer, the number and location of parking areas affected by the event, the street conditions and sanitation, including recycling needs, of the event, the location of street closures and resulting barricading, signage, detour and parking requirements, or as otherwise directed by the city manager.
(3)
The fire department shall make a determination regarding health and safety requirements for the proposed special event. The fire department will evaluate events for adherence to state and local fire and safety standards, or as otherwise directed by the city manager. The fire department may require additional personnel, equipment or safety measures when estimating costs. Special duty city fire personnel may be required, in the sole discretion of the fire department, based on the size of the event, service of alcohol or other health, safety or welfare considerations. The city fire department shall be responsible for the assignment and supervision of city fire personnel for special events. The special event organizer shall reimburse the city fire department for the actual costs of providing such special duty personnel and equipment and may be required to post a deposit.
(4)
Based upon the recommendations of the event coordinator and city staff, insurance requirements for an event shall be established, and such insurance shall be provided at the applicant's sole cost and expense. When determining appropriate insurance requirements, event coordinator and city staff shall consider such risk factors as determined reasonable for the proposed event, including without limitation, the duration of the event, the estimated number of attendees, the type of activities and the overall risk level associated with the event.
(Ordinance 730-21 adopted 12/28/21; Ordinance 908-25 adopted 5/22/2025)
Any person who violates a provision(s) of this article or who fails to comply with the terms of a city-approved special event permit shall be deemed guilty of a class C misdemeanor, and upon conviction thereof, shall be fined a sum not to exceed $500.00. This penalty is not exclusive but is cumulative of all other rights and remedies, of the city, both legal and equitable
(Ordinance 730-21 adopted 12/28/21)
(a)
No rights created - cancellation or revocation of permit.
This article grants no rights to and creates no property or other legal interests in any person or entity to which a special event permit is issued hereunder. The city council, as trustee of public property, retains full control over public property. The city council delegates certain authority to the city manager to administer this article and to revoke or cancel a special event permit when any one or more of the following conditions exist:
(1)
False, untrue, inaccurate, or misleading information is provided on the application for the special event permit;
(2)
Failure of the applicant to comply with all requirements of the special event permit, including conditions required by the city;
(3)
During the conduct of a special event, the chief of police, or his designee determines that the conduct of the applicant, the participants, or other public or private parties causes or is imminently likely to cause a detriment to public health, safety, or welfare, including but not limited to disorderly conduct, damage to private or public property, including city infrastructure; or
(4)
The city manager determines that due to weather or other natural conditions, the conduct of the special event under current conditions is unsafe, and continuation of the special event is reasonably likely to expose the applicant, participants or the general public to harm or to cause damage to public or private property.
Event coordinator and staff may make a recommendation to the city manager, and a decision of the city manager pursuant to this section shall be final. Upon revocation or cancellation, the city may, but is not required to issue a refund of all or a portion of the fees paid.
(b)
No city liability.
The holder of a special event permit shall be solely responsible for conducting the special event in compliance with the conditions of the permit and for maintaining public safety and order during the special event. The city assumes no liability or responsibility by issuing the permit for any resulting claims that may arise from a special event.
(c)
Restrictions.
The holder of a special event permit must follow all state law and all local rules and regulations at all times during the event and cannot put restrictions in place for attendees that are more stringent than those put in place by the city unless such restrictions are expressly approved by the city council.
(d)
Exemptions.
This article shall not apply to any special event sponsored, organized or conducted by any department or agency of the city, and some or all of the requirements of this article may be fully or partially waived by the city manager for a special event involving the city as a partner or co-sponsor of the event. Scheduling of such municipal events shall be subject to the control of the city manager with oversight by the event coordinator for events held on property owned, controlled, or maintained by the city.
(Ordinance 730-21 adopted 12/28/21; Ordinance 908-25 adopted 5/22/2025)