[Ord. No. 1810-22, 5-2-2022]
This article shall be known as may be cited as the "Albertville Special Events Ordinance."
[1]
Editor's Note: Former Art. III, Parades and Demonstrations, adopted 5-1-2006 by Ord. No. 767-05, was superseded 5-2-2022 by Ord. No. 1810-22.
[Ord. No. 1810-22, 5-2-2022]
In order to preserve and protect the rights guaranteed under the First Amendment of the United States and Alabama Constitutions and to provide for the safe and orderly use of public property, for both First Amendment activity and activity that is not protected by the First Amendment, this article is intended to establish reasonable time, place, and manner regulations for the use of public property characterized as traditional public forums. The regulations are designed to be content-neutral, narrowly tailored to serve significant governmental interests, and to leave open ample alternative channels for communications of information. The regulations are also intended to coordinate multiple uses of limited space; assure preservation of public facilities and improvements; prevent dangerous, unlawful, or impermissible uses of public property; protect the public safety; ensure that City resources are deployed efficiently and effectively; provide for fees and cost recovery; address secondary harms; and authorize and establish objective standards in the administration of this article.
[Ord. No. 1810-22, 5-2-2022]
For the purposes of this article, the following terms shall have the meanings ascribed to them unless the context clearly indicates otherwise:
Sound created or enhanced by any event participant's use of an artificial noisemaker or device, including but not limited to sirens, loudspeakers, bullhorns, megaphones, speakers, microphones, or amplifiers.
A gathering of individuals organized by an event organizer for a common purpose, which is intended to remain in the same general location.
Monday through Friday, excluding official City holidays or days on which City administrative offices are closed due to weather.
The Chief of Police or his/her designee.
The time, place, or manner in which an event is conducted by or for participants, including event setup and take-down, and which has nothing to do with the content of protected forms of speech, or the conduct of non-participants including counter-protesters or hecklers.
A person organizing, sponsoring, initiating, coordinating, promoting, or holding an organized event. The term does not include a person who provides only incidental funds or support for an organized event and who does not otherwise have responsibility for the event.
An organized event which is expected to have more than 100 participants at any one time during the event.
Any organized event which:
Does not require approval, licensing, or permitting pursuant to other City laws, including the City's alcoholic beverage laws, technical and fire codes, and business license code, and laws administered by the Health Department.
In the case of an organized event consisting of a procession of vehicles on a street, does not have more than 20 vehicles at any one time during the conduct of the event; provided, however, that the procession follows all applicable traffic laws, does not require diversion of on-duty traffic control officers, and does not unreasonably impede the flow of traffic.
Does not have more than 15 participants at any one time during the conduct of the event, subject to the applicable capacity limits for the public space.
An assembly or procession, or a combination thereof.
Public park grounds under the control of the City and shall include the sidewalks within but not immediately adjacent to the park, unless expressly permitted otherwise.
Those persons actually taking part in the special event, including but not limited to spectators at the special event, as well as those sponsoring, organizing, promoting, or initiating the event.
A gathering of individuals organized by an event organizer for a common purpose, which is not intended to remain in the same general location but to proceed along a route without unreasonable delay, including a procession of vehicles on the streets.
Those municipal buildings, structures, facilities, or improvements dedicated, designed, or intended for specific uses which are not considered to be traditional public forums, including amphitheaters, civic centers, sports facilities, park facilities, cemeteries, public garages, parking lots, museums, or other such municipal buildings, structures, facilities, or improvements.
Any streets, sidewalks, parkways, highways, roads, rights-of-way, parks, medians, and all spaces dedicated to the public use.
The danger, damage, injury, expense, or unreasonable inconvenience, interference, demand, or annoyance to or on adjacent or nearby uses, the general public, public property, the use of public space, other organized events, City resources, or public safety resulting or likely to result from event conduct.
An organized event that is required to obtain a permit under this article. The term does not include informal gatherings of individuals whose use of public property is in conformance with the property's dedicated purpose and in accordance with the laws governing such use.
Any organized event, the impetus for which arises less than 72 hours before the organized event, such that advance notice of or planning for the event is not practicable; provided, however, that the City will attempt to provide a permit in an expedited fashion for any organized event, the impetus for which arises close in time to the organized event.
[Ord. No. 1810-22, 5-2-2022]
(a)
Property not covered.
(1)
This article is not intended to regulate organized events that are not conducted on public property or property which is not otherwise under the control or jurisdiction of the City, including the following:
a.
Private property;
b.
Property which is under the control or jurisdiction of the federal government or any agency or instrumentality of the federal government;
c.
Property which is under the control or jurisdiction of the state or any agency or instrumentality of the state unless the state has specifically authorized the City to control the use of such property for organized events; or
d.
Property which is under the control or jurisdiction of municipal boards or agencies.
(2)
Public facilities. This article is not intended to regulate organized events which are conducted upon or within public facilities; provided, however, that such facilities may be designated by City policy as available for organized events regulated pursuant to this article, but only to the extent such designation does not interfere with the dedicated, designed, or intended use of such facilities, or is not contrary to any applicable limitations on the property. Nothing in this Subsection (a) shall be construed to prevent the City from charging rent or a use fee for the use of public facilities, including those facilities made available for organized events regulated by this article.
(b)
Activities not covered; commercial events.
(1)
This article shall not apply to activities upon public property which are regulated or permitted by other provisions of this Code, and shall not apply to informal gatherings of individuals whose use of public property is in conformance with the property's dedicated purpose and in accordance with the laws governing such use.
(2)
This article is not intended to act as the only regulation for the use of public property solely for the conduct of a commercial enterprise, including the sale, demonstration, advertisement, or promotion of products, goods, or services. Such uses of public property shall be also regulated by applicable laws including zoning, laws governing sales, and the City's franchising authority. Nothing herein shall be construed as an exercise of the City's franchising authority which may be granted solely through a specific ordinance enacted by the City Council.
(c)
Exclusion from the terms of this article pursuant to this section does not relieve the person responsible for an event from the responsibility of obtaining permission or authorization from the appropriate person for the use of property or conduct of activities that are not covered by this article.
[Ord. No. 1810-22, 5-2-2022]
(a)
Organized events. All organized events, including both special events and minor events, regulated by this article shall be subject to the following conditions:
(1)
Organized events shall be conducted in a safe and sanitary manner.
(2)
Immediately following the termination of an organized event, the event organizer shall be responsible for restoring the public area used for the event and public property damaged by the event to its condition prior to the commencement of the event, or where public property is damaged beyond repair replacing it, where such restoration or replacement is necessitated by event conduct.
(3)
Participants in an organized event shall comply with this article and conditions imposed pursuant to this article, and shall otherwise comply with applicable law.
(4)
The issuance of a special event permit or the right to use public space for an organized event pursuant to this article shall not entitle the participants to use public property not regulated by this article, including public facilities.
(5)
The use of the parks for an organized event shall be subject to applicable park regulations, unless specifically waived in the special event permit, including regulations concerning park closure, use of park amenities and charges for their use, and conduct in the park.
(6)
The conduct of an event, including that of its participants, shall not prevent access to uses adjacent to the site of the event, including public facilities, unless permission has first been obtained from the owner or person in control thereof.
(7)
No organized event shall be within 250 feet of a school during school hours if such event will interfere with the usual traffic patterns around the school or if the event's noise levels or other event conduct will be reasonably likely to interfere with classroom instruction. No organized event that requires an alcoholic beverage license for the sale, furnishing, or consumption of alcoholic beverages on public property shall be within 500 feet of a school during school hours.
(8)
An organized event shall not picket before the residence or dwelling of any individual who is the target of the picket.
(9)
Organized events shall be conducted during daylight hours, except in areas possessing sufficient artificial light which provides enough illumination throughout the event area to protect public safety. Notwithstanding the foregoing, no organized event shall be conducted after 10:00 p.m. local time if holding an organized event after 10:00 p.m. local time would be inconsistent with the area in which the event will be held.
(10)
Event conduct, including that of its participants, shall not obstruct or impede vehicular access to and from properties adjacent to the event, unless the event administrator determines that to do so would not be likely to cause a hazard to public safety, an unreasonable inconvenience to the traveling public, or an unreasonable hardship to adjacent uses.
(11)
In the case of a procession, the event shall move from its point of origin to the point of termination without unreasonable delays in route.
(12)
Event participants shall not wear gas masks or use other devices that are designed, used, or intended to be used to interfere with the ability of the police to control or manage crowds.
(13)
Participants of an organized event shall not encamp on public space.
(14)
Handicap access installed on the public space shall be preserved or an acceptable alternative provided.
(15)
An organized event shall be subject to the City's alcoholic beverage regulations found in Chapter 3 of this Code.
(16)
Where there is more than one organized event conducted in the same general area, the events shall be conducted generally at least 100 feet apart, unless the special event permit allows otherwise.
(17)
The event administrator shall be entitled to impose any other restrictions, conditions or limitations that he or she shall deem reasonably necessary to mitigate secondary harms, including a requirement that the event organizer retain private security to oversee security at the organized event.
[Ord. No. 1810-22, 5-2-2022]
(a)
No person, including participants in another organized event, shall unreasonably hamper, obstruct, impede, or interfere with an organized event or with any person, vehicle, or animal participating or used in the event.
(b)
No driver of a vehicle shall drive between the event's units, participants, or vehicles that are in motion and conspicuously designated as being a part of the event, unless otherwise directed to do so by law enforcement personnel.
(c)
The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street constituting a part of the route or location of an organized event. When necessary, the Chief of Police shall see that signs are posted to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation of such signs.
[Ord. No. 1810-22, 5-2-2022]
(a)
Revocation; termination during event. An organized event may be terminated or special event permit revoked on the day of the event without prior written notice and without a hearing if the Mayor, the Chief of Police, the Fire Chief, or the event administrator determines that:
(1)
Revocation or termination is in the interest of the immediate public safety because of fire, casualty, act of nature, or a public emergency;
(2)
Any term, standard for issuance, condition, duty, restriction or limitation of such permit has been violated by an event participant and as a result the immediate health or safety of any participant or the public is threatened;
(3)
Any federal, state or municipal ordinance, statute or law is being violated by a participant; or
(4)
A breach of the peace is occurring or an activity in the nature of a riot has occurred.
(b)
Requirements upon termination or revocation. The permittee immediately upon receipt of the notification that the permit has been revoked or the event terminated shall cease the event and shall commence with restoring the site to its condition prior to the event.
(c)
Revocation prior to event. The event administrator shall have the authority to revoke a special event permit issued for the use of public space any time before the time the event is scheduled to commence if he or she determines that, due to new information or a change in circumstances, grounds to deny the application exist, in which case the event organizer may appeal the revocation in accordance with the procedures of this article; provided, however, no appeal shall be available where the revocation of the event permit is done in the interest of the public safety because of fire, casualty, act of nature, or a public emergency.
[Ord. No. 1810-22, 5-2-2022]
(a)
Permit requirement. Except for minor events and spontaneous events, all organized events conducted on public property shall be required to obtain a special event permit. No person shall knowingly participate in a special event for which an event permit is required under this article unless an event permit has been issued for the event.
[Ord. No. 1810-22, 5-2-2022]
(a)
Permitting not required for minor events. Subject to the provisions of this section, for public spaces regulated by this article, minor events shall not be required to obtain a special event permit; provided, however, the event organizer may elect to obtain permitting in accordance with this article upon following the application procedures for a special event permit and the event shall, upon the issuance of an event permit, be considered to be a special event.
(b)
Conditions for minor events.
(2)
The use of public space by a minor event shall:
a.
Be on a first-come-first-serve basis and shall be subordinate to prior uses of the same or a substantially similar public space and multiple uses cannot reasonably be accommodated; and
b.
Not be conducted upon or in unreasonably close proximity to public property which is unavailable due to fire, casualty, acts of nature, scheduled construction or maintenance, or public emergency.
(3)
In the case of minor events conducted on the sidewalk, as required of all organized events conducted on a sidewalk, minor events on a sidewalk shall be conducted generally at least 100 feet apart from other organized events; provided, however, this separation requirement shall not prevent participants of other organized events when not actually participating in their own event from simply walking along that portion of the sidewalk left unencumbered by the minor sidewalk event. Additionally, all minor events shall be conducted generally at least 100 feet apart from other organized events, regardless of location, pursuant to Division 1, § 54-55(a)(16), of this article.
(4)
Participants in a minor event conducted on the streets or sidewalks shall proceed in an orderly fashion, observe all traffic signals when crossing a street, and otherwise obey the rules of the road, including, where applicable, § 32-5A-215, Code of Alabama, 1975.
(5)
For minor events on the sidewalk, such events shall be conducted in a manner that does not substantially inhibit the flow of pedestrian traffic upon the sidewalks.
(6)
Participants in a minor event shall use only the amount of public space reasonably necessary for the conduct of the event so that other minor events that want to hold an event in the same general area can be accommodated. The event administrator may require a reasonable adjustment in event conduct to accommodate multiple uses, including other organized events, of the public space.
(7)
Signage accessory to the event is allowed; provided, however, such signage shall not be affixed to or installed on public property and shall not be constructed or used so as to endanger public safety or interfere with others in their use of public property.
(8)
Minor events shall be conducted in a manner that is consistent with the dedicated or intended use of the public space occupied by the event and in a manner which does not interfere with or detract from the use of the public space by other persons or organized events, or pose an unreasonable risk to the public safety.
(c)
If the conduct of a minor event violates a condition of this section, or of Division 1, § 24-55, General conditions, the event administrator shall have the right to require the elimination or modification of the condition creating the violation or to otherwise proceed in accordance with Division 1, § 24-57, Revocation or termination of event.
[Ord. No. 1810-22, 5-2-2022]
(a)
Application. A person seeking issuance of a special event permit shall file an application during regular business hours with the event administrator on forms provided by the City. The application shall include all information as called for on the forms provided by the City, and failure to fully complete the application shall be grounds for denial.
(b)
Application timing.
(1)
An application for a special event permit may be filed beginning 12 months prior to the date of the proposed event but not later than seven days prior to the date of the event. The event administrator shall shorten the application period to 24 hours for voluntary permit applications for spontaneous events and to less than seven days for other special events where practicable. Where practicable, the City will make reasonable efforts to process permit applications in an expedited fashion for any organized event the impetus for which arises close in time to the organized event.
(2)
For events that require an alcoholic beverage license for the sale, furnishing, or consumption of alcoholic beverages on public property, an application shall be filed a minimum of 60 days prior to the proposed event.
(c)
Application information. The application for a special event permit shall include information consistent with the purpose of this article and in sufficient detail to allow for its administration, including, where appropriate, the following:
(1)
The name and contact information of the event organizer and the person who will be in charge of the conduct of the event;
(2)
If the special event is proposed to be conducted on behalf of an organization, a letter from that organization shall be required authorizing the event to be conducted on its behalf;
(3)
A detailed description of the event;
(4)
Logistical requirements of and specific plans for the event;
(5)
Information demonstrating compliance with requirements or conditions for permit issuance;
(6)
A notarized statement that indicates permission has been obtained for the event's use of private property or property under the control or jurisdiction of any board, agency, or other governmental entity;
(7)
A statement of any special circumstances which are material to the permit requested; and
(8)
Such other relevant information as the event administrator may reasonably require in the administration of this article.
(d)
Permit fees. A permit fee of $25 shall be paid by all applicants for organized events for which a permit is required (other than for large events) and by all voluntary applicants for minor events at the time of filing the application. A permit fee of $100 shall be paid by all applicants for large events at the time of filing the application.
(e)
Insurance.
(1)
Large events. All large events shall require insurance as follows: a minimum of $1,000,000 of general liability insurance providing coverage for all activity authorized by the permit, listing the City of Albertville, its officers, agents, and employees as additional insureds thereon and furnishing to the City of Albertville proof of insurance to such effect, and immediately notify the City of Albertville of any changes in, modifications to or cancellation of said policies.
(2)
Alcoholic beverages. All organized events required to comply with the City's alcoholic beverage regulations contained in Chapter 3 of this Code shall include the following insurance at all times applicable to the permit to be carried by either the permittee or alcohol vendor: a minimum of $1,000,000 of both dram shop (liquor liability) insurance and general liability insurance providing coverage for all activity authorized by the permit, listing the City of Albertville, its officers, agents, and employees as additional insureds thereon and furnishing to the City of Albertville proof of insurance to such effect, and immediately notify the City of Albertville of any changes in, modifications to or cancellation of said policies.
(f)
Security services. Security services are required at large events. The Albertville Police Department shall oversee such security services at large events.
[Ord. No. 1810-22, 5-2-2022]
(a)
Granting of a permit. Upon the filing of the application as provided in this article and upon payment of the required fees and in accordance with the written procedures provided herein the event administrator shall grant a written permit for a special event. The event administrator shall provide the organizer with notice of his or her decision and, if the event administrator must deny the application, he or she shall state in the notice the basis for denial. The event administrator shall grant or deny the permit within a reasonable time, not to exceed five business days. In the event the application is submitted on a shortened time period due to a voluntary permit application for a spontaneous event or other good cause shown, the event administrator shall issue the permit within 24 hours of receipt of the completed application. Where practicable, the City will make reasonable efforts to process permit applications in an expedited fashion for any organized event the impetus for which arises close in time to the organized event.
(b)
Grounds for denial. The application for a permit for the special event shall be granted unless one or more of the following conditions are found to exist:
(1)
The application is incomplete in a material respect.
(2)
The application has been fraudulently completed.
(3)
The application is for an area not covered by the terms of this article.
(4)
A portion of the event will take place on private property or property under the control or jurisdiction of any board, agency or other governmental entity and permission has not been obtained from such persons or entity.
(5)
All or a portion of the public area or an adjacent public area is scheduled for a use at the same time and simultaneous usages cannot be accommodated.
(6)
The special event is in violation of federal, state or local ordinances, statutes, or laws.
(7)
The event interrupts the safe and orderly movement of traffic in the area of its route or location.
(8)
The timing of the event and/or the size of the event will require the diversion of so great a number of police officers of the City as to prevent normal police protection to the City.
(9)
The timing of the event and/or the size of the event will require the diversion of so great a number of ambulances and/or fire rescue services as to prevent adequate ambulance and/or fire rescue services to the City, and the use of private security cannot mitigate the lack of adequate ambulance or fire rescue services to the City.
(10)
The conduct of the event will interfere with movement of firefighting or police equipment and/or firefighting equipment in route to a fire, fire rescue vehicles responding to a call or police vehicles responding to a call.
(11)
There is an insufficient amount of City personnel available to provide the necessary security, traffic control or crowd control for the event because another special event has been scheduled for the same day to which such personnel have previously been assigned, and the use of private security cannot mitigate the lack of adequate City personnel available to provide the necessary security, traffic control or crowd control for the event.
(12)
The applicant itself failed to reimburse the City for expenses and fees charged for a prior special event, the applicant itself has on a prior occasion committed a violation of this article that has resulted in a significant secondary harm, or the applicant itself has on prior occasions failed to restore the public space or restore or replace damaged public property, or pay to the City the restoration reimbursement costs or other costs or fees due the City under this article.
(13)
The event will not be conducted at a time and place and in a manner that complies with applicable laws, including the general conditions set out at Division 1, § 24-55(a), of this article and, in the case of a voluntary application for a minor permit, the conditions applicable to minor events set out at Division 2, § 24-59(b), of this article.
(14)
The location requested is for a public way used primarily for vehicular traffic that is a major arterial road within the City limits. Events may be scheduled on a major arterial road provided that the magnitude of the event requires it and such an event cannot reasonably be accommodated elsewhere. This subsection shall not apply to events that merely traverse a major arterial road.
(15)
The location requested is unavailable due to scheduled maintenance, public emergency or an unsafe condition.
(16)
All required vendors associated with the event have not obtained licensing.
(17)
The conduct of the proposed event otherwise poses an unreasonable risk to the public health or safety.
(c)
Alternative permit. The event administrator in denying the application may authorize the conduct of the event in a manner, on a date, at a time, over a route, or upon a site different from that named by the applicant that will not violate the terms of this article. The applicant receiving a denial with the proposed acceptable alternative permit shall file a written notice of acceptance of the alternative permit the next business day following the receipt of the event administrator's decision. The alternative permit shall conform to the requirements of and shall have the effect of a permit issued pursuant to this article.
(d)
Appeal of a denial.
(1)
Right to appeal. An organizer denied a special event permit may ask for a review of the decision by filing a written notice of appeal, stating the reason the denial should be overturned, with the event administrator within five business days following receipt of the event administrator's decision notice denying the permit. The appeal shall be heard and decided by the Mayor or his or her designee who shall schedule a hearing on the request within five business days following receipt of the notice of appeal. Should the time scheduled for the hearing cause a delay of the proposed event, an alternate date will be made available upon request and, should the public area requested be available and uncommitted, it will be reserved for the event, pending the outcome of the appeal. The organizer shall be given at least 24 hours' advanced notice of the hearing.
(2)
Conduct of hearing on appeal. The organizer, or someone designated by the organizer to act on the organizer's behalf, shall appear at the hearing in person, and may be represented by counsel. Failure of the organizer, or the organizer's designee, to appear at the hearing shall be deemed to be a withdrawal of the appeal. The event administrator shall attend the hearing. The event administrator and the organizer, or the organizer's designee, shall have the right to be heard on the matter and present evidence in support of their respective positions. The Mayor or his or her designee shall uphold the decision of the event administrator if a ground for denial exists and, where appropriate, offer an alternative to denial in accordance with Division 2, § 24-61(c), of this article. The decision shall be communicated by written notice by the close of the next business day following the close of the hearing and shall state the reasons for the decision. Failure of the Mayor or his or her designee to render a decision by the close of the next business day following the close of the hearing shall operate as an automatic upholding of the event administrator's decision.
[Ord. No. 1810-22, 5-2-2022]
(a)
A special event organizer who wishes to materially modify the conduct of the event as authorized by the special event permit shall file a permit amendment application with the event administrator on a form provided by the City within the applicable time prescribed in Division 2, § 24-60(b), of this article. The permit amendment application shall describe the proposed change in the conduct of the event with the same detail required by Division 2, § 24-60(c), of this article for the initial permit application and shall otherwise comply with the provisions of this article. The event administrator shall take action on the special event permit amendment application in accordance with the terms of this article. The notice of decision and hearing provisions set forth in this article also shall apply to applications for permit amendments.
(b)
A non-material change to the event conduct of a permitted special event that complies with this article may be made at any time prior to the start of the event by notifying the event administrator of the proposed change.
[Ord. No. 1810-22, 5-2-2022; Ord. No. 2040-26, 6-2-2026]
(a)
Permit content. Each permit issued under this article should specify the following:
(1)
The specific portions of any street, park, sidewalk or other public place to be closed to traffic;
(2)
The duration of the special event;
(3)
The period of time which any street used by the permittee may be closed to traffic;
(4)
Requirement for replacement or removal of barricades, markings and lighting;
(5)
Requirements for protection of persons and property abutting and near the portion of the public area to be closed for the event from danger or annoyance which may be caused by such use;
(6)
Requirements for security, traffic control or crowd control;
(7)
Requirements and instructions for removal of litter or debris created by the event participants in connection with the event or use;
(8)
The minimum actual speed to be maintained by participating vehicles, if any; and
(9)
Such other restrictions, conditions or limitations as the event administrator shall deem reasonably necessary to mitigate secondary harms, including but not limited to a condition on the event's use of amplified sound, the event's use of sound that would be in violation of the Noise Ordinance contained in this Code,[1] or any other restrictions, conditions, or limitations reasonably necessary in the judgment of the event administrator to mitigate secondary harms.