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(a) Permit fees. Permit fees for
are as set forth in City Code Appendix A, and the permit fee must be submitted with the application. Additional permits and fees may be required if the event includes public facility rental, tents or other attributes subject to separate regulation.
(b) Contractual police overtime deposit. A fee for contractual police overtime must be paid at the time the application is submitted if the Chief of Police determines, based upon the event’s size, date, time of day, location, concentration of persons, vehicles, animals or equipment, that additional police services, over and above that which can be provided by regularly scheduled on-duty police personnel, is necessary to protect the public health, safety and welfare. The fee for contractual police overtime shall be based upon the established contractual overtime rates for the patrol and supervisory officers available, which include regular salary, plus regular fringe benefits. In making this determination, the Chief of Police may not reference or consider the content of the expressive activity or views expressed or anticipated to be expressed or the response it may provoke.
(c) Other city staff overtime deposit. A fee for estimated city staff overtime must be paid at the time the application is submitted, if the issuing authority determines, based upon the event’s size, date, time of day, location, concentration of persons, vehicles or equipment that additional city staffing is necessary to protect the public health, safety and welfare. The fee for city staff overtime shall be based upon the actual overtime rates for the city staff available to serve the private event, which shall include regular salary, plus regular fringe benefits.
(1975 Code, § ___) (Ord. 77-43, passed 7-11-1977; Ord. 80-55, passed 12-15-1980; Ord. 93-13, passed 3-29-1993; recodified by Ord. 95-13, passed 8-7-1995; deleted by Ord. 2009-2, passed 2-2-2009; added by Ord. 2013-2, passed 2-25-2013; Ord. 2021-39, passed 11-29-2021)
(a) Application consideration. An application for a permit pursuant to this Division J must be submitted to the issuing authority. The issuing authority is empowered to conduct any and all investigations to verify the information on the application. The issuing authority shall then route the application to the Chief of Police, Director of Community Development, Fire Marshal, Parks and Recreation Manager and City Traffic Engineer for review and consideration based upon the applicable laws or regulations relating to the proposed event and an assessment of the event’s likely impact on the public health, safety and welfare. The issuing authority shall grant the permit as provided herein with such conditions as may be necessary to ensure adequate parking and traffic circulation, to minimize impacts on adjacent property, to ensure compliance with all applicable laws and to otherwise protect the health, safety and welfare of the community. A permit shall be granted when it is found by the issuing authority that:
(1) The concentration of vehicles and persons at the public assembly points of a
will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such
or otherwise be injurious to the surrounding neighborhood or harm the public health, safety or welfare;
(2) The
is not being held for the primary purpose of advertising or selling any product or service and is not designed to be held purely for commercial purposes; and
(3) No
permit application for the same time and location is already granted, or has been received and will be granted. In the case of competing applications simultaneously under consideration for the same time and location, the issuing authority will use an impartial, blind lottery to determine which applicant is entitled to the permit.
(b) Approval or denial. The issuing authority shall act promptly upon a completed permit application but in no event fail to grant or deny a permit more than 20 days after its receipt or less than 48 hours prior to the event without the written consent of the applicant. If the application is denied, in whole or in part, the issuing authority shall notify the applicant of the determination in writing, setting out the specific reason therefore. The notice is to be mailed, e-mailed or sent by facsimile to the applicant at the street address, e-mail address or facsimile number provided in the application and it shall inform the applicant of the applicant’s right, within 20 days after the date the notice was mailed to request an administrative review of the issuing authority’s determination to the City Manager or the City Manger’s designated representative. The issuing authority in denying an application for a permit may authorize an alternative permit for the
at a date, time, location, route or under conditions different from that named by the applicant. An applicant desiring to accept an alternative permit must, within five days after notice of the denial, file a written notice of acceptance with the issuing authority.
(c) Administrative review. An applicant has a right to request an administrative review of the issuing authority’s determination to deny a permit to the City Manager or the City Manager’s designated representative within 20 days after the date the notice of denial was mailed by serving the issuing authority with a written request for administrative review along with all documents and written arguments serving as a basis for the applicant’s position. If a request for administrative review is timely received by the issuing authority, the City Manager or the City Manager’s designee shall issue a written decision, setting forth the reasons therefore within a reasonable period, in no case later than 20 days from the date of receipt of the request for administrative review by the issuing authority. The decision of the City Manager or City Manager’s designee must be mailed to the applicant at the address on the permit application. Exhaustion of administrative remedies is not a precondition to judicial review.
(1958 Code, § 150.16) (Ord. 250, passed 10-7-1960; Ord. 75-3, passed 1-13-1975, renumbered to § 150.15; recodified by Ord. 95-13, passed 8-7-1995; deleted by Ord. 2009-2, passed 2-2-2009; added by Ord. 2013-2, passed 2-25-2013)
(a) Limitations. The applicant, along with any person acting under the applicant’s control or direction, must conduct and control the
so that it remains at all times in complete conformity with all conditions set forth in the approved permit application.
(b) Application of other laws. In addition to the provisions of this Division J,
are subject to all other applicable state laws and city code provisions.
(1958 Code, § 150.17) (Ord. 250, passed 10-7-1960; Ord. 75-3, passed 1-13-1975, renumbered to § 150.16; recodified by Ord. 95-13, passed 8-7-1995; deleted by Ord. 2009-2, passed 2-2-2009; added by Ord. 2013-2, passed 2-25-2013)
(a) No person shall stage, present, conduct or start any
without first obtaining a permit as required by this Division J.
(b) No person shall unreasonably hamper, obstruct or impede or interfere with any
or person or vehicle participating therein. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles in areas contiguous thereto and shall post signs to such effect and it is unlawful for any person to park or leave a vehicle unattended in violation thereof.
(c) No person shall participate in a
for which the person knows or reasonably should have known that a required permit has not been issued.
(d) No person in charge of, or responsible for the conduct of, a
shall intentionally violate any condition of the permit.
(e) No person shall intentionally engage in, participate in, aid or start any
, that poses a substantial hazard to the public safety.
(f) No person participating in a
shall utilize sound amplification equipment at decibel levels that exceed those limits imposed by § 10.29.02 unless otherwise specifically authorized in the permit.
(Ord. 250, passed 10-7-1960; recodified by Ord. 95-13, passed 8-7-1995; deleted by Ord. 2009-2, passed 2-2-2009; added by Ord. 2013-2, passed 2-25-2013)
A violation of any provision of this Division J or any lawful order of the Chief of Police or his or her designee shall be a misdemeanor under state law. If any section, subsection, sentence, clause or phrase of this Division J is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division J. The City Council hereby declares that it would have adopted the ordinance in each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(1958 Code, § 150.19) (Ord. 250, passed 10-7-1960; Ord. 75-3, passed 1-13-1975, renumbered to § 150.17; Ord. 80-55, passed 12-15-1980; Ord. 90-13, passed 3-26-1990; recodified by Ord. 95-13, passed 8-7-1995; deleted by Ord. 2009-2, passed 2-2-2009; added by Ord. 2013-2, passed 2-25-2013)
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