As used in this article, the following shall mean:
Assembly.
Includes all assemblies of the public, other than parades on public streets, indoors or outdoors, at a City park or upon public property.
Issuing Body.
The City department or agency authorized to issue or deny an application pursuant to Section 7.606.
Police Chief.
The Police Chief of the City and duly authorized officers and representatives.
Public Property.
Property owned by or under the control of the City.
(Ord. 13-06, 2013; Ord. 19-12 § 1, 2019)
No person shall allow, promote, conduct or cause to be advertised an assembly in a City park or on public property when the person believes or has reason to believe that more than 150 persons will attend, unless a valid City permit has been obtained for the use of the park or other property for the assembly. One permit shall be required for each assembly. Criminal or civil liability for failure to comply with the provisions of this article shall attach to persons who are responsible for obtaining permits under those provisions.
(Ord. 6407, 1982; Ord. 13-06, 2013)
No assembly shall be held unless the person sponsoring the assembly obtains a permit. The fee for the permit to cover the cost of inspecting facilities and issuing and administering the permit prior to the event shall be an amount set by the City Manager pursuant to Section 1.075.
(Ord. 6407, 1982; Ord. 6572, 1989; Ord. 07-09, 2007; Ord. 13-06, 2013)
A. 
Written application for each assembly permit shall be made to the City 40 or more days prior to the first day upon which the assembly is to be held by filing the application with the City Manager or designee. It shall be on forms furnished by the City and shall be signed by the person or persons organizing and sponsoring the assembly. Each application shall:
1. 
State the location to be used for the assembly and, the number of persons reasonably anticipated to attend. A graphic representation showing the facility boundaries and proposed use areas shall be submitted for all events; for proposed right-of-way closures a traffic plan (including locations of barricades, traffic signs, cones, flaggers, etc.) shall also be submitted.
2. 
Require that the applicant acknowledge and agree to abide by all rules and regulations of this article and other regulations and laws for the protection of the health, morals, peace and safety of the persons employed at the location, the patrons or participants, and the public.
3. 
Application Attachments.
a. 
Written plan for compliance with Sections 7.582 to 7.628.
b. 
Satisfactory evidence of liability insurance per Section 7.604.
4. 
No permit shall be transferable or assignable without the consent of the issuing body.
B. 
The City Manager or designee will review the application for completeness and route to the appropriate officials or departments for approval and assurance that satisfactory arrangements have been made by the applicant to comply with all of the conditions specified in Sections 7.588 to 7.598. The officials or departments may approve, subject to conditions necessary to assure compliance with the appropriate criteria enumerated in those sections. When any type of physical facility is required or subject to approval, preliminary approval may be granted based upon specific plans proposed and submitted by the applicant. The approval shall be on forms provided and shall be filed with the City Manager or designee.
(Ord. 13-06, 2013; Ord. 14-11, 2014)
A. 
The applicant is responsible for compliance with the County Health Department and Oregon State Health Division Standards and Regulations regarding sanitary facilities. Sanitary facilities include, but are not limited to: toilets, hand washing facilities, drinking water, waste collection and removal, and food service amenities.
B. 
The application shall indicate the number, type and location, when appropriate, of the various facilities. If more than 500 people are expected to attend or there are food vendors present, additional waste receptacles are required.
(Ord. 13-06, 2013)
No permit shall be granted unless the Fire Chief has reviewed and approved the application which will be routed by the City Manager or designee. Examples of items that may be reviewed include but are not limited to the type, size, number and location of fire protection devices and equipment available at, in or near any location, including outdoor sites, buildings, tents, stadium or enclosure, where more than 10 persons may be expected to congregate at any time during the course of the assembly.
(Ord. 13-06, 2013; Ord. 14-11, 2014)
The applicant is responsible for medical service required for the assembly. Each assembly shall have at least one individual trained in basic first aid with a basic CPR certification. Each assembly of more than 1,000 persons shall have at least a first-aid station staffed by two individuals trained in basic first aid with basic CPR certifications. In addition, should the assembly exceed 2,500 persons, there shall be at least one ambulance or rescue vehicle in attendance at all times.
(Ord. 13-06, 2013)
A. 
The applicant shall include plans for public safety at the assembly when submitting the application. The Police Chief or designee will review these plans for approval.
B. 
Adequate traffic control and crowd protection policing shall be contracted for or otherwise provided by the applicant. There shall be provided one traffic control person for each 200 persons expected or reasonably expected to be in attendance at any time during the event. There also shall be provided one crowd control person for each 200 persons expected or reasonably expected to be in attendance at any time during the event.
C. 
The applicant shall submit the names and necessary background information, for all traffic control and crowd control personnel to be used during the assembly for investigation by the Police Chief as to fitness.
D. 
The policing personnel must wear an appropriate identifying uniform and must be on duty during the entire assembly.
E. 
It shall be the duty of the policing personnel to report any violations of law to the Police Chief and to take whatever action is necessary to enforce the terms of the permit.
(Ord. 13-06, 2013)
The applicant shall provide the City Manager or designee with a scale drawing showing that adequate parking facilities have been made available within or adjacent to the location for which the permit is requested. The parking facilities shall provide parking space for one vehicle for every four persons expected to attend the event. Adequate ingress and egress shall be provided for the parking area to facilitate the movement of vehicles at any time to or from the parking area. If buses are used to transport the public to the event, it shall be shown that public parking or parking as described above is available at a site from which buses are scheduled to pick up persons to transport them to the event.
(Ord. 13-06, 2013; Ord. 14-11, 2014)
The Parks and Cemeteries Division has the responsibility for approving the reasonably anticipated attendance capacity for use of a City park or park facility.
The Division shall approve the application when the reasonably anticipated attendance is less than the predetermined capacity of the park or park facility according to the following schedule:
A. 
Kiger Stadium:
1. 
3,500 persons for bleacher use.
2. 
1,200 persons for playing field use.
B. 
Moore Park:
1. 
500 persons at picnic table area.
2. 
3,000 persons for ball field and central lawn area.
C. 
For all other parks, capacity shall be determined at 450 persons per acre of use area.
(Ord. 13-06, 2013)
All facilities shall be subject to inspection by the approving agencies or departments. If the actual facility or construction fails to meet the standards approved in the proposed plans, preliminary approval shall be withdrawn and all permits granted subject to such approval shall be withdrawn.
(Ord. 13-06, 2013)
The permit applicants shall be required to furnish satisfactory evidence of liability insurance providing for a minimum of $1,000,000.00 per occurrence, and $2,000,000.00 aggregate. The City shall be named as an additional insured. The liability insurance shall apply to and provide coverage for any and all claims for bodily injury, death and property damage arising from or caused by the activities of the said entity. The permit applicants may also be required to provide additional insurance, when determined in the sole discretion of the City, to protect against additional risk. Such insurance may include event spectator insurance, liquor liability, and excess insurance.
(Ord. 6599, 1990)
Upon receipt by the City Manager or designee of approval forms from all City officials and departments specified in Sections 7.586 to 7.598, the application shall be considered by the City Manager or designee for approval. At the City Manager or designee's discretion, the application may be scheduled to be heard by the following review body at the next regularly scheduled meeting:
A. 
The City Parks Advisory Board, if the assembly is proposed to occur in a City park or park facility and the number of persons reasonably anticipated to attend does not exceed 1,000.
B. 
The Council for all other assemblies.
(Ord. 14-11, 2014)
A. 
The Director shall grant and issue the assembly permit if, after consideration, it is found:
1. 
All City officials and departments have issued their approval pursuant to Sections 7.586 to 7.598;
2. 
The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
3. 
The facilities desired have not been reserved for other use at the day and hour required in the application;
4. 
The conduct of the activity will not substantially interrupt the safe and orderly movement of traffic;
5. 
The conduct of the activity will not require the diversion of so great a number of police officers of the City to properly police such activity and the contiguous areas as to prevent normal police protection to the City;
6. 
The conduct of the activity is not reasonably likely to cause injury to persons or property so as to incite violence, crime or disorderly conduct;
7. 
The appropriate provisions of Section 7.604 have been complied with;
8. 
The proposed activity or use of a park or park facility will not unreasonably interfere with or detract from the general public enjoyment of the park; and
9. 
If the activity is to be held on a park or park facility, excluding Kiger Stadium, it is not to be held for the sole purpose of advertising any product, goods, or event, and is not designed to be held for private profit.
B. 
In order to assure compliance with the criteria of this section, the Director may impose conditions on the grant of a permit reasonably designed to assure compliance.
(Ord. 13-06, 2013)
The City Manager or designee shall deny the assembly permit if it is found that the criteria of Section 7.608 have not been or cannot be complied with. If the permit is denied, the applicant shall be notified by mail, email or telephone of the denial and the reason therefor.
(Ord. 13-06, 2013; Ord. 14-11, 2014)
A permit issued pursuant to Sections 7.606 to 7.610 shall contain the following information:
A. 
Date of the activity.
B. 
Location of the activity, including, if applicable, restrictions to certain areas of a park.
C. 
Hour when the activity will start and terminate, including set-up and tear-down times.
D. 
Special conditions imposed on the activity.
(Ord. 13-06, 2013)
A decision may be appealed in accordance with Section 1.025.
(Ord. 13-06, 2013; Ord. 14-11, 2014; Ord. 19-12 § 1, 2019)
The City Manager or designee shall have the right to go upon the premises or facilities for which the permit has been granted for the purpose of inspection and enforcement of this code and State law.
Unless otherwise provided in the permit, no assembly shall be conducted in a City park or upon public property during the time designated in Section 9.005.
(Ord. 13-06, 2013; Ord. 14-11, 2014; Ord. 21-01 § 1, 2021)
Unless otherwise provided in the permit, no person sponsoring or having control of an assembly shall permit a person to bring into the assembly or upon the premises any intoxicating liquor, or permit intoxicating liquor to be consumed on the premises, and no person shall take onto or drink on the premises intoxicating liquor.
(Ord. 13-06, 2013)
If at any time during the assembly the size of the crowd exceeds by 10% or more the number of persons reasonably anticipated to be in attendance, the Police Chief or designated representative shall require the permittee or sponsor to limit further admissions until sanitation, parking, fire, health, medical, traffic and crowd control requirements have been brought into conformity with the standards under which the permit was issued.
(Ord. 13-06, 2013)
It is the purpose of this article to put the burden of preserving order upon the operator of the assembly. If an assembly is not operated in accordance with the rules and regulations prescribed by those sections, the permit shall be subject to revocation.
(Ord. 13-06, 2013)
The following rules and regulations shall govern and control the permitted use of all City parks and public property during an assembly unless otherwise specifically provided in the permit.
A. 
No person shall build or maintain a fire within a City park or upon public property except in a camp stove or a fireplace provided, maintained or designated for that purpose. Gasoline, alcohol or oil camp stoves may be used in established camp sites or picnic areas where other stoves are provided. No fire shall be left unattended, and all fires shall be extinguished by the user before leaving the park or public property.
B. 
No person shall erect signs, markers or inscriptions of any type in a park or upon public property of the City without permission of the City Manager or designee.
C. 
Automobiles, trailers or other vehicles shall be parked only in designated parking areas.
D. 
No person shall set up or use a public address system in a City park or upon public property without the permission of the City Manager or designee.
E. 
No person shall ride, drive or operate any motorcycle, motor bike, motor scooter or trail bike in a City park or upon public property except upon such roads, trails or areas as are designated for that purpose.
F. 
No person shall operate or use any noise-producing machine, vehicle, device or instrument in such a manner that it disturbs other visitors in the area.
G. 
No permittee shall intentionally violate or counsel, aid or abet a violation of the rules or regulations of this section or a violation of the conditions imposed under Section 7.608. No permittee or sponsor shall intentionally fail to obey a directive of the Police Chief or of any of his or her officers issued pursuant to Section 7.622.
(Ord. 13-06, 2013; Ord. 14-11, 2014)
A. 
If an assembly is not being operated according to the rules and regulations of Sections 7.582 to 7.626, the City Manager or designated representative shall have the right to revoke the permit and the applicant or other responsible individual shall be subject to applicable penalties under this code, City ordinances and State law. Failure to comply with the terms and conditions of Sections 7.580 to 7.626 shall constitute a public nuisance and shall be subject to all criminal and civil remedies.
B. 
The revocation decision shall be subject to the appeal procedures of Section 1.025.
(Ord. 13-06, 2013; Ord. 19-12 § 1, 2019)