[Adopted 6-13-2005 by Ord. No. 5-2005]
A.
Purpose. The City Council finds that streets and other
public places in the City are, from time-to-time, temporarily closed
and used as sites for charity walks/runs, ethnic festivals, art shows,
neighborhood celebrations and other public events which are privately
sponsored but open to the public. Events of this kind serve to improve
the quality of life of the residents of the City and often result
in large numbers of people congregating within the confines of the
temporarily closed streets or public places, and the resulting crowd
conditions create concerns for police and fire access and control
and other concerns relating to the health, safety and welfare of the
public and of persons and property in the closed area. It is therefore
essential that a policy be established for governing these events
which shall facilitate control over them by the sponsor and by City
officials from departments involved with the event to safeguard persons
and property.
B.
BLOCK PARTY
DOWNTOWN AREA
PUBLIC PROPERTY
SPECIAL EVENT
SPECIAL EVENT VENDOR
SPONSOR
SUPPORT SERVICES
Definitions. As used in this article, the following
terms shall have the meanings indicated:
An event held by the residents of a defined section of the
City to be attended by the residents of that particular section.
The area of the City bounded on the north by Washington Avenue,
on the east by Liberty Street, on the south by Ellicott Street and
on the west by Porter Avenue.
Property which is owned, operated, maintained, and/or controlled
by the City which is not rental in nature. Examples of public property
include, but are not limited to, parking lots, plazas, streets, sidewalks
and parks.
A preplanned single event or series of events that, because
of its nature, interest, location, promotion or any combination of
similar influences, is expected, or later found, to draw a large number
of people, sponsored by an individual or entity other than the City,
proposed to be held on public property or on private property but
affecting public property or requiring City support services, for
the purpose(s) of entertainment, celebration, amusement, cultural
recognition, arts and crafts displays and/or sales, amateur sports
demonstration or competition, or similar activities generically considered
recreational in nature. Examples include, but are not limited to,
ethnic festivals, street fairs, street art shows, public celebrations,
outdoor concerts, parades, road races and walk-a-thons.
A peddler conducting business during a special event with
the written permission of the event sponsor.
The individual, group of individuals, corporation or other
entity responsible for organizing the event.
Those individuals and/or agencies which can or must be provided
by the City to ensure that a special event is conducted in such a
manner so as to protect the safety, health, property and general welfare
of its citizens. Examples include fire protection, crowd management
and control and traffic management and control.
C.
Permits required. It shall be unlawful for any person,
firm, corporation, association, group or organization within the corporate
limits of the City of Batavia to conduct a special event or to act
as a special event vendor as herein defined without first having obtained
and having in force and effect a valid, current permit or license
therefor.
D.
Application and cost estimation.
(1)
Application for special event permit. The sponsor
of the special event must submit a completed application form to the
City Clerk. All applications are to be submitted on the forms provided
by the City Clerk. Any application submitted less than 30 days prior
to the event shall be subject to denial.
(2)
City costing process. The completed forms shall be
distributed to the appropriate City departments, which will estimate
the additional costs that would be incurred as a result of the event.
This information may be used in establishing terms and conditions
under which an event may be conducted. In addition, it will assist
the City in determining when the use of police or other City personnel
is appropriate, possible and not in conflict with any other administrative
policies and procedures and/or labor agreements. The City reserves
the right, as part of the permitting process, to require the applicant
to pay for additional operational costs of the City associated with
the event.
(3)
Application for special event vendor license. The
sponsor of a special event may authorize vendors to operate within
the defined area of the special event. The application for a special
event vendor license must be submitted on the forms provided by the
City Clerk. Said application, signed by the event sponsor, must be
submitted by the vendor to the City Clerk, no less than seven days
prior to the date of an approved event. Upon receipt of a properly
competed application, the City Clerk shall issue a special event vendor
license. Said license shall be prominently displayed or carried by
the vendor at all times during participation in the special event.
E.
Approval process. The Batavia City Council will review
all special event applications and shall be authorized to either approve
or deny said applications.
F.
Requirements.
(1)
Permits and licenses. Approval to conduct a special
event by this process does not relieve the sponsor or any participant,
including but not limited to food stands, vendors, peddlers or exhibitors,
from the responsibility of applying for any other permits or licenses
or meeting any other requirements which may be applicable.
(2)
Insurance. All sponsors of special events must obtain
a liability insurance policy in the minimum amount of $1,000,000,
with the City named as an additional insured, or a larger amount at
the discretion of the City, depending upon the type of event and circumstances
of the event. This insurance shall satisfy all insurance requirements
for the City for holding the special event. Additional insurance requirements
of City departments may be required. The insurance policy shall be
subject to the review and approval of the City Attorney.
(3)
Due date. All required permits, licenses, security
deposits and insurance policies must be obtained no later than seven
days prior to the date of the event.
G.
Event guidelines.
(1)
Daily time restriction. The hours of operation for
any special event taking place on the streets of the City shall be
between 8:00 a.m. and 11:00 p.m. on any day of the week.
(2)
Memorial Day restriction. No special event, other
than the Memorial Day Parade, shall be permitted to operate in the
downtown area between the hours of 9:00 a.m. and 12:00 noon on Memorial
Day.
(3)
Safety lane restriction. The placement of any vehicle,
trailer or other installation associated with the special event shall
be directed by the Fire Chief and the Chief of Police of the City
of Batavia or their designated representative(s) to ensure that a
safety lane remains open at all times.
(4)
Site maintenance. All areas used must be left in a
clean condition.
(5)
Services available from the City. The City will provide
certain equipment and materials to facilitate comfort and control
over the event, subject to availability and the City's prior need
for such equipment and materials.
(a)
Temporary parking signs. All temporary signs
for restricting parking must be posted 24 hours in advance and maintained
by the sponsor. Requests for the necessary materials should be directed
to the City of Batavia Police Department, which shall have responsibility
for the initial posting of the temporary signs either through physical
placement or directive as to locations. Any usage of temporary signs
without the authorization of the Police Department will be neither
recognized nor enforced. Upon the event's completion, all signs must
be taken down by the sponsor and returned to the Police Department.
(b)
Barricades. Movable barricades shall be delivered
to the site, where the sponsor or its designated representative shall
sign for their receipt. The cost of replacing lost or damaged barricades
lies with the sponsor.
(6)
Other restrictions. The following are prohibited within
the confines of any special event:
(a)
Overnight camping, except for security personnel.
(b)
Unlicensed gambling or illegal games of chance.
(c)
Littering and the use of glass containers.
(d)
Open fires that are not under the guidelines
established by the Fire Department.
(e)
No grease or substance of any kind can be discharged
upon the streets or sidewalks or into the storm drains and sewers.
(f)
No paint or other markings may be placed on
the street surface.
H.
Penalties for offenses.
(1)
Fine. Special events shall not be held without the
authorization of the City Council nor held in contravention of the
terms and conditions set forth by the City Council. Violation of this
article may subject the sponsor to a fine of $500 in addition to any
other penalty provided in the ordinances or in any other law on account
of commencement of said special events without required permits, licenses
or authorization.
(2)
Closing of unauthorized special events. The Police
Chief may close any special event conducted without authorization
of the City Council.
(3)
Closing of events due to public safety hazard. The
Police Chief, the Fire Chief or their designated representative(s)
may close any special event or any portion of a special event that
is subsequently determined to be an imminent hazard to the public
health, safety or welfare.
I.
Exclusion from policy.
(1)
Block parties. Block parties, as herein defined, are
excluded from the provisions of this policy. Requests for block parties
are to be submitted to the City Council and shall comply with the
requirements established by the City Council.
(2)
City events. Events initiated by and/or sponsored
or cosponsored by the City are excluded from the provisions of this
policy.
