[Adopted 6-24-2024 by Ord. No. 2024-09]
A. 
A person(s), partnership, corporation, association, organization and/or any entity desiring to hold a special event ("applicant"), as defined in this ordinance, upon and property, including, but not limited to, parks, sidewalks, roads and/or right-of-ways, whether public or private, within the Town of Belvidere ("Town") must first apply and obtain a permission from the Town Council in accordance with the requirements of this section.
B. 
Special event ("event") shall include public gatherings of any nature, that are contemplated to use parks, streets or other public property owned by the Town of Belvidere, which are likely to require the expenditure of Town resources in the form of Public Safety and/or Public Works salaries, wages or other expenses. These include, but are limited to, concerts, festivals, parades, dances, theatrical performances, exhibitions or outdoor shows which may involve the closing of a public street or right-of-way; the blocking or restriction of public property; use of a stage, band shell, trailer, van, portable building, grandstand or bleachers on public or private property; the placement of portable toilets on public or private property; placement of temporary "no parking" signs on a public right-of-way or street. The term shall not include gatherings on private property that are not open to the general public, including, but not limited to, birthday parties, graduation parties, wedding receptions, and such other similar, private celebrations.
A. 
Not more than 120 days or less than 90 days prior to the scheduled date for the event, the applicant seeking issuance of a permit hereunder shall file the Belvidere Events Application ("application") with the Municipal Clerk on a form to be provided by the Municipal Clerk for that purpose, which said form shall be adopted by the Town Council by resolution and subject to amendment from time to time. The application shall require information on the proposed event, including, but not limited to, the following information:
(1) 
The name, address, email and telephone number of the Event Coordinator.
(2) 
The name, address, email and telephone number of the sponsoring applicant.
(3) 
A detailed description of the proposed event and a sketch that would show the area or route to be used, along with proposed structures, tenets, fences, barricades, signs, banners and restroom facilities, more commonly referred to as a "footprint."
(4) 
The date(s) and hours for which the authorization is desired.
(5) 
The location of the event for which the authorization is desired and complete details as to how the applicant intends to provide for security and traffic control.
(6) 
The estimated number of contestants, participants, spectators and/or other people that could reasonably be anticipated to attend the event.
(7) 
A statement indicating whether the applicant is requesting police, fire or ambulance coverage for the event.
(8) 
The applicant must provide a Certificate of General Liability Insurance 30 days prior to the event naming the Town of Belvidere as additional insureds in the amount of not less than:
(a) 
General liability - bodily injury and property damage liability: $2,000,000 general aggregate.
(b) 
General liability - bodily injury and property damage liability: $1,000,000 each occurrence.
(c) 
Personal Injury Liability - $1,000,000 each occurrence.
(d) 
Umbrella Policy - Liability limits of $4,000,000.
(e) 
Workers Compensation - Coverage A: Statutory Benefits, Coverage B: $1,000,000.
(f) 
Auto Liability - Bodily Injury and property damage: Combined single limit of $1,000,000.
(g) 
Town of Belvidere must be shown as additional insured, including the appropriate event and location.
(9) 
The applicant must provide a fully executed waiver, indemnity and hold harmless agreement.
(10) 
Any other information which the Municipal Clerk or Town Council shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
A. 
The application shall be reviewed initially by the Municipal Clerk, Chief of Police, Principal Public Works Manager and may require review by the Town's Insurance Risk Manager as determined by the Municipal Clerk. The aforementioned will provide written sign-off to the Town Council for their review at a regularly scheduled Council meeting. In the event the Municipal Clerk, Chief of Police, Principal Public Works Manager or the Insurance Risk Manager requires additional information, each shall be authorized to undertake the necessary investigation in order to provide a complete report to the Council. The Council shall make the final determination, by resolution, adopted by a majority vote, whether to authorize the event and shall set forth in the resolution such conditions and restrictions as may be reasonably necessary to ensure that the standards set forth in § 361-22 are satisfied. The Town Council may, in its discretion, waive some of the requirements of this chapter under certain circumstances.
B. 
The Town Council may condition the issuance of an event authorization upon the applicant remitting a sum equivalent to the estimated expenses for police coverage, cleanup and maintenance and any other expense specifically associated with the conduct of the event. Any such deposit required shall be remitted prior to the authorization being released by the Municipal Clerk. The applicant shall be responsible for all additional costs not covered by the deposited funds with respect to any additional resources needed, such as, but not limited to, manpower and/or equipment.
A. 
The standards for the issuance of an approval of the event application pursuant to this chapter shall include the following findings:
(1) 
That the proposed event will not unreasonably interfere with or detract from the general public enjoyment of any public property to be utilized.
(2) 
That the proposed event and use will not reasonably interfere with or detract from the promotion of public health, safety, welfare and recreation.
(3) 
That the proposed event or use that are reasonably anticipated will not be likely to include violence, crime or disorderly conduct.
(4) 
That the facilities desired have not been reserved for other use on the date and hour requested in the application.
(5) 
The applicant shall be responsible for obtaining permits required by other governmental agencies in connection with the activities being conducted and provide copies of such permits to the Municipal Clerk. All events must comply with all applicable state and federal laws and requirements. Failure to secure the necessary permits may result in discontinuance of the event by the Town and shall be considered a violation of these rules.
A. 
Liability. An applicant shall be bound by all applicable Town ordinances, rules and regulations, except as may expressly be waived in the resolution granting authorization. The person(s) to whom the authorization is issued shall be liable for all loss, damage or injury sustained by any person whatsoever by reason of the negligence of the person(s) to whom such authorization shall have been issued.
B. 
Revocation. The Chief of Police shall have the authority to revoke authorization and terminate any event should the event be conducted in violation of the terms set forth in the resolution authorizing same.
C. 
Enforcement. The Police Department of the Town shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter and shall have the authority to eject from public property a person(s), partnership, corporation, association, organization and/or any entity acting in violation of this chapter. The Police Department of the Town shall also have the authority to seize and confiscate any property, thing or device in or on public property used in violation of this chapter.
A. 
A person(s), partnership, corporation, association, organization and/or any entity commits an offense if he/she/they:
(1) 
Commences or conducts an event without prior municipal authorization; or
(2) 
Fails to comply with any requirements or provisions of an event authorization issued under this chapter.
B. 
A person(s), partnership, corporation, association, organization and/or any entity that violates a provision of this chapter shall be guilty of a separate offense for each day or part thereof during which the violation is committed or continued. Each offense shall be punishable by one or more of the following: a fine no less than $500 or more than $2,000, imprisonment for a period not to exceed 90 days or a period of community service determined by the Municipal Court Judge.
A. 
Severability. Should any section, paragraph, sentence, clause or phrase of this article be declared unconstitutional or invalid for any reason by any Court of competent jurisdiction, such provision(s) shall be deemed severable and the remaining portions of this article shall remain in full force and effect.
B. 
Repealer. All ordinances or parts of ordinances or resolutions that are inconsistent with the provisions of this article are repealed to the extent of such inconsistency.
C. 
Effective date. This article shall take effect immediately upon passage and publication as required by law.