A. When Permit Required: No person shall conduct a planned special event on public property that is reasonably expected, based upon a good faith estimate of the projected attendance of more than one thousand (1,000) people, to require extraordinary resources without first obtaining a planned special event permit.
B. Extraordinary Resources: For the purposes of this chapter, every planned special event on public property that has a projected attendance of more than one thousand (1,000) people is expected to require extraordinary resources.
C. Exceptions: Special events not required to obtain a planned special event permit are:
1. A planned special event occurring entirely on private property, regardless of projected attendance;
2. A planned special event occurring on public property with a projected attendance of less than one thousand (1,000) people that is not reasonably expected to require extraordinary resources;
3. Spontaneous special events for the purpose of expressive or associative activity.
D. Use Of Special Events Planning Process: Any person conducting a planned special event on public or private property in which the number of reasonably projected attendees, participants, observers or spectators is less than one thousand (1,000) persons and which will not require extraordinary resources may use the special events planning process. Any person promoting, sponsoring or presenting a planned special event on private property in which the number of reasonably projected attendees, participants, observers or spectators is greater than one thousand (1,000) persons and which will require extraordinary resources is encouraged to use the special events planning process.
E. Expressive Or Associative Conduct: For any person promoting, sponsoring or presenting a planned special event, with a projected attendance of one thousand (1,000) or more persons, for the principle purpose of expressive or associative conduct as protected by the First and Fourteenth Amendments to the United States Constitution, or article I, sections 4, 9 and 10 of the Idaho Constitution, the application shall be processed promptly with no conditions that infringe constitutional freedoms, and in a manner that respects the liberties of the applicants and the public.
F. Waivers:
1. Upon request, the City Clerk or designee shall waive the requirement of paying the permit fee for expressive or associative activity upon a finding that the cost of the permit would pose a substantial burden on the promotion, sponsorship or presentation of the planned special event. In the event the City Clerk denies the fee waiver request, a written decision shall be provided setting forth the reasons for denial.
2. In order to accommodate other concurrent events, the rights of abutting owners and the needs of the public to use the streets, sidewalks or parks, content neutral permit conditions may include reasonable adjustments in the date, time, route or location of the proposed event; accommodations of pedestrian or vehicular traffic using the street; and limitations on the duration of the event. No conditions shall be imposed that serve to unnecessarily infringe upon constitutional freedoms.
G. Other Permits And Licenses: A planned special event, regardless of whether a planned special event permit is required and obtained, may not be exempt from other permit and license requirements, such as issuance of a park permit, a citizen use permit, an amplified sound permit, permits for the sale or dispensing of alcohol, and any other permits required by Federal, State or local law. Vendors participating as part of a permitted special event are not required to obtain a separate license as otherwise required by chapter 2 of this title.
H. Reimbursement For Extraordinary Expenses: Every person conducting a planned special event shall reimburse the City for the extraordinary resources actually used as a result of the special event. Reimbursement shall not include the cost of extraordinary resources necessary for ancillary purposes, such as policing a crowd exhibiting a negative response to a planned special event. Payment for extraordinary resources shall be made to the City within thirty (30) days of invoicing. Failure to pay within thirty (30) days may result in denial of future special event permits.
I. Optional Use Of SET Permitting Process:
1. Any person conducting a planned special event or an expressive or associative event for which a planned special event permit is not required may use the SET process for the convenience of seeking approvals, licenses or permits from the several departments and agencies comprising the SET.
2. By submitting to the SET process, an applicant agrees to comply with all laws and regulations applicable to a planned special event and to submit to the application process required to obtain a planned special event permit. (Ord. 10-14, 3-25-2014)