CHAPTER 113: SPECIAL EVENTS
Section
   113.01   Purpose
   113.02   Definition
   113.03   Permit requirements
   113.04   Permit application
   113.05   Permit conditions
   113.06   Permit issuance
   113.07   Pedestrian walkway/alley
   113.08   Exemptions
   113.09   Indemnification agreement
   113.10   Revocation of permit
 
   113.99   Penalty
§ 113.01 PURPOSE.
   The purpose of the chapter sets forth the procedure for the time, place, and manner of holding certain special events on city property. This policy is enacted in order to promote the health, safety, and welfare of all residents and visitors of the city by ensuring that special events do not create disturbances, become nuisances, menace or threaten life, health, and property, disrupt traffic, or threaten or damage private or public property. It is not the intent of the City Council by enacting this policy to regulate in any manner the content of speech or infringe upon the right to assemble, except for regulating the time, place, and manner of speech and assembly, and this policy should not be interpreted or construed otherwise.
(Ord. passed 3-15-2023; Ord. passed 6-13-2023)
§ 113.02 DEFINITION.
   For the purpose of this chapter, the following definition applies unless the context clearly indicates or requires a different meaning.
   SPECIAL EVENT. Any festival, rally, street dance, sports event, or other attended outdoor gathering, entertainment, or celebration that is to be held in whole or in part upon publicly owned property or public right-of-way, or, if held wholly upon private property, will affect or impact the ordinary and normal use by the general public of public property or public rights-of-way and/or will create excessive noise or disruptions in a residential area within the vicinity of the event.
(Ord. passed 3-15-2023; Ord. passed 6-13-2023)
§ 113.03 PERMIT REQUIREMENTS.
   (A)   All special events subject to this chapter shall have a permit for a special event reviewed and approved or approved with conditions by the City Council before conducting the special event.
   (B)   A temporary use permit for a special event authorized in accordance with this subchapter shall be limited to a maximum duration of 14 days per site per calendar year unless otherwise specifically authorized by the City Clerk/Treasurer.
   (C)   Special events shall not operate before 7:00 a.m. or after 10:00 p.m. unless a special event permit (or other) for the activity has been approved by the City Council. The permit shall supersede the provisions of specified chapters for the duration of the event.
   (D)   Any person or organization desiring to conduct or sponsor a special event in the city shall first obtain a special event permit from the city.
   (E)   Any person or organization desiring to sponsor a special event must apply to the city for a special event permit.
   (F)   An organization, nonprofit, business, or individual may sponsor all activities for anyone special event (i.e. Wenonga Days). The form must indicate that the entity is sponsoring all activities for the special event and provide the liability insurance certificate to the city. Without an entity willing to serve as the “umbrella permit carrier,” each activity, food vendor, and the like must individually apply to the city for a special event permit and provide liability insurance.
   (G)   Food vendors must submit a copy of their permit issued by the County or State Department of Health for serving food at the event. If the food vendor is a participant under a sponsoring entity (umbrella permit). The sponsoring entity must collect and submit a copy of the permit to the city with all other paperwork.
(Ord. passed 3-15-2023; Ord. passed 6-13-2023) Penalty, see § 113.99
§ 113.04 PERMIT APPLICATION.
   (A)   Application information. Special event applications must include the following information:
      (1)   Description of the event and list of all activities to take place; whether food or alcohol is being served or sold; admission fees/camping and the like;
      (2)   Name of the applicant or sponsor with contact information;
      (3)   Proposed date(s) of the special event, together with the beginning and ending times for each date;
      (4)   Proposed location of the special event;
      (5)   Any public health plans, including supplying water to the site, solid waste collection, and provision of toilet facilities;
      (6)   Assistance requested from any city departments;
      (7)   Liability insurance certificate with the city listed as additional insured unless the event is on private property; and
      (8)   Signature of the applicant.
   (B)   Permit review. The City Council will review applications and will determine whether the permit shall be granted.
   (C)   Permit denial. The City Council may deny an application for a special event permit if it determines from a consideration of the application or other pertinent information that:
      (1)   The applicant fails to supply the information requested after having been notified by the City Clerk/Treasurer of additional information or documents needed;
      (2)   The applicant fails to agree to abide or comply with all of the conditions and terms of the special event permit;
      (3)   Another special event permit application has already been approved to hold another special event at the same time and place requested by the applicant;
      (4)   The location of the special event would cause undue hardship for adjacent businesses or residents;
      (5)   The special event would endanger public safety or health;
      (6)   The special event would seriously inconvenience the general public’s use of public property, services, or facilities;
      (7)   The applicant fails to comply with the liability insurance requirements or the applicant’s insurance lapses or is canceled;
      (8)   The special event would create or constitute a public nuisance, or likely to cause significant damage to public property or facilities;
      (9)   The special event would engage in or encourage participants to engage in illegal acts; and
      (10)   The City Council shall deny any application, other than for the annual summer community parade, which requires the closing or detouring of any section of State Highway #78. The City Council may approve applications that require the crossing of State Highway #78.
   (D)   Permit standards. In addition to the general temporary use criteria to be reviewed with the permit application, the following standards shall also apply.
      (1)   The application shall be certified by the applicant as not containing intentionally false or materially misleading information.
      (2)   There is a finding that the special event would not create an unreasonable risk of significant:
         (a)   Damage to public or private property, beyond normal wear and tear;
         (b)   Injury to persons;
         (c)   Public or private disturbance or nuisances;
         (d)   Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel;
         (e)   Additional and impracticable or unduly burdensome police, fire, trash removal, maintenance, or other public services demands; and/or
         (f)   Other adverse effects upon the public health, safety, or welfare.
      (3)   The special event shall not be of such a nature, size, or duration that the particular location requested cannot reasonably accommodate the event.
      (4)   The special event shall not conflict with another permitted special event at the same location in a manner that will negatively impact public health, welfare, or safety.
(Ord. passed 3-15-2023; Ord. passed 6-13-2023)
Loading...