A. Permit Required: No person shall conduct any street event or planned special event, upon any street and in any manner impeding vehicle traffic, without first obtaining a citizen use permit.
B. Exceptions:
2. Applicants for special events with an anticipated attendance of less than one thousand (1,000) people are encouraged to file an application for a citizen use permit sufficiently in advance to allow the Police Chief to determine the need for police and/or fire resources in addition to those resources regularly scheduled for the day and time of the event.
3. Any person conducting a spontaneous special event that is a street event is encouraged to provide notice to the Police Chief in order to ensure appropriate police and fire resources are assigned but is not required to obtain a citizen use permit.
C. Application For Citizen Use Permit:
1. Application for a citizen use permit shall be made to the City Clerk, if made during regular business hours, and the City Clerk shall immediately forward completed applications to the Police Chief for review. If the event is a spontaneous special event and it is impractical during regular business hours, permit applications may be submitted to the Police Department.
2. Every application for a citizen use permit shall be complete and shall include all content neutral logistical information and documentation required by the City Clerk, the Police Chief, the Ada County Highway District and the SET.
3. Any street event with an anticipated attendance of less than one thousand (1,000) people which is expected to result in closure of a street shall apply for a citizen use permit at least five (5) business days before the planned event. Applicants are advised to contact ACHD as soon as possible for CUP approval as their approval may require more time than the five (5) business days established by this subsection.
4. Any street event which will include the serving or selling of alcohol shall apply for a citizen use permit at least forty five (45) days before the planned event.
D. Application Review; Permit Disqualifications:
1. Upon receipt of a completed application for a citizen use permit, the Police Chief shall immediately notify the body with ownership or maintenance authority over the streets for which the permit was requested.
2. No citizen use permit shall be issued if the City Clerk or the Police Chief determines any of the following circumstances or factors exist:
a. The application was not timely filed. Timely filed for planned special events with an anticipated attendance of one thousand (1,000) or more people is forty five (45) days in advance of the event, or fifteen (15) days if granted a reduced timeline upon a showing of good cause pursuant to subsection 3-17-3B2 of this chapter; or
b. Considering the date of the planned event, time of day, duration, intended route, length of procession, the number of participants and vehicles, whether the proposed street event will interrupt the safe and orderly movement of other pedestrian or vehicular traffic that cannot be managed through additional police officers, fire personnel and equipment as required by subsection F of this section; or
c. The concentration of pedestrians, animals and/or vehicles at the street event will interfere with established levels of fire, police and ambulance service that cannot be managed through additional police officers, fire personnel and equipment as required by subsection F of this section; or
d. The applicant does not agree to comply with the reasonable traffic control and security procedures established by the Police Department; or
e. The proposed street event conflicts with previously scheduled activities or with a previously issued citizen use permit or special event permit; or
f. The proposed event would conflict with scheduled maintenance or repair of the streets or public rights-of-way.
3. Each of the grounds for denial of a permit application set forth above are found to be reasonably necessary to preserve the public health, safety and welfare.
4. The City Clerk and Police Chief shall act upon a completed application for a permit timely filed with the City Clerk in a content neutral and expeditious manner. If, for any reason, a longer period of time is required, the reason for delay shall be provided in writing to the applicant.
E. Issuance Or Denial Of Citizen Use Permit:
1. If, after review by the City Clerk, the Police Chief and/or the SET, a completed and submitted application meets all standards set forth in this section, with none of the disqualifying factors, the applicant shall be issued a permit.
2. If an application is untimely, incomplete, includes untruthful or misleading statements, or includes any disqualifying factors, it shall be denied.
3. Every notice of denial of a citizen use permit application shall:
a. Be in writing; and
b. Inform the applicant of the reasons for denial; and
c. Advise the applicant of the right to appeal the denial.
4. An applicant may appeal the denial of a permit. The appeal process shall be the same as set forth in this chapter for the denial of a planned special event permit.
F. Peace Officer Escort And Traffic Control Cost Recovery; Exemption:
1. Every street event involving a vehicle procession shall include one on duty peace officer at the head of the procession and one peace officer at the end of the procession.
a. No charge shall be levied or charged for the two (2) required peace officers.
b. The Chief is authorized to determine if additional peace officers or any fire personnel are reasonably necessary in the area of the planned procession. In making this determination, the Chief shall consider the time of day the planned event is scheduled for, date, duration, intended route, the number of participants, vehicles and size of vehicles. The Chief's determination shall be in writing.
c. If the Chief determines more than two (2) officers or any fire personnel are necessary for the safety of pedestrians, the traveling public and/or those attending or participating in the street event, due exclusively to the planned street event, written notice of the number and cost of the additional personnel, and of their required equipment, shall be provided to the applicant.
2. For a stationary street use, such as a block party, the Chief may require the applicant to ensure that one or more peace officers are present to establish and/or maintain the road closure. If the Chief determines more than one peace officer or any fire personnel are necessary, written notice of the number and cost of the additional personnel, and of their required equipment, shall be provided to the applicant.
3. Every applicant and permittee shall ensure the required number of peace officers or fire personnel are present prior to commencing or continuing any street event.
4. The cost for each additional peace officer and the cost of fire personnel shall be the current standard hourly special duty rate. Equipment costs shall include vehicles, if any are necessary due to the planned street use.
5. Every person who conducts a street event shall reimburse the City for the cost to have more than one police officer (and equipment) present during a street event, and the cost of all fire personnel (and equipment) actually used during the course of the street event. Reimbursement shall not include the cost of extraordinary resources for ancillary purposes, such as policing a crowd exhibiting a negative response to a planned special event.
6. The written decision of the Chief regarding additional police and fire personnel as well as equipment may be appealed pursuant to section 3-17-7 of this chapter and chapter 1, article A of this title.
7. Every person who conducts a street event shall have the right to apply to the Chief for a waiver of costs associated with police and fire personnel and equipment. Request for waiver is made by filing an affidavit of indigence with the City Clerk. The Chief shall issue a written decision. A denial of the request for a fee waiver may be appealed pursuant to section 3-17-7 of this chapter and chapter 1, article A of this title.
8. All costs required to be paid to the City, pursuant to this section, shall be paid within thirty (30) days of invoicing.
9. A bona fide spontaneous special event that is a street event is exempt from the requirement to pay costs to the City. (Ord. 10-14, 3-25-2014)