(a) The following terms are defined for the purposes of this chapter, as follows:
"Athletic event" means any event involving the conduct of exercises, sports, games, marathons, or similar types of events, which is reasonably anticipated to obstruct the normal flow of traffic upon the public way.
"Athletic event organizer" means the person listed on the permit application who is designated as the responsible planner and on-site manager for the athletic event.
The term "organization" shall include any voluntary association entered into for the purpose of organizing an athletic event.
The terms "Business day", "Commissioner", "On- duty" and "Person" have the same meanings ascribed to those terms in Section 10-8-330.
The term "public way" shall include the harbor as defined in Section 10-40-010.
(b) No athletic event is permitted on any portion of the public way unless a permit allowing such athletic event has been obtained from the Department of Transportation.
(c) Any person or organization seeking to obtain an athletic event permit shall file an application with the commissioner in the same calendar year as, and not less than 45 days before, the date for which the athletic event is requested, unless the requested permit is for an event to be held in January or February, in which case the application must be filed not less than 45 days before, and not more than one year before, the date for which the athletic event is requested.
(d) (1) The application for an athletic event permit shall contain the following information:
(i) the name, address, 24-hour contact telephone number, and the fax number and e-mail address, if available, of the person signing the application, and the organization with which that person is affiliated or on whose behalf the person is applying, if applicable. If the person is signing the application on behalf of an organization, evidence that the person is authorized to sign the application on behalf of such organization;
(ii) where an organization is involved in requesting a permit, the name, address, 24-hour contact telephone number, and the fax number and e- mail address, if available, of the authorized and responsible leaders of the organization conducting the athletic event. If the applicant at a later date becomes affiliated with an organization for purposes of producing an athletic event, this information shall be submitted at such time;
(iii) the name, address, 24-hour contact telephone number, and the fax number and e-mail address, if available, of the athletic event organizer;
(iv) the date of the proposed athletic event and the hours that it will begin and end;
(v) the location and exact street address of the assembly and disbanding area, the time when the athletic event will begin to assemble and disband and whether a permit has been obtained from the property owner to use the assembly or disbanding area;
(vi) the approximate number of spectators and participants in the athletic event and the basis on which this estimate is made;
(vii) a description of any recording equipment, sound amplification equipment, banners, signs, or other attention-getting devices to be used in connection with the athletic event; and
(viii) any route along which the athletic event will proceed and the sidewalks or lanes of traffic it will use.
(2) As a condition of the permit, the permit holder shall keep all information current. Any change in required information shall be reported to the commissioner immediately.
(3) The application for an athletic event permit shall be accompanied by a nonrefundable processing fee of:
(A) $100.00 if the application is submitted more than sixty days prior to the event;
(B) $200.00 if the application is submitted between fifty-nine and forty-five days prior to the event;
(C) $500.00 if the application is submitted between forty-four and thirty days prior to the event; and
(D) $1,000.00 if the application is submitted between twenty-nine and fifteen days prior to the event.
(E) $2,000.00 if the application is submitted between fourteen and seven days prior to the event.
No application for an athletic event permit shall be accepted less than seven days prior to the athletic event.
(e) The Commissioner shall investigate the facts set out in the application, in consultation with the Department of Police and other appropriate City departments and sister agencies, which shall be sent copies of the application immediately upon receipt. Where the Commissioner determines that additional information on the factors set forth in subsection (f)(1) – (7) is required, copies of the application and a request for such information also shall be sent to any appropriate City department or other governmental agency, including any sister agency. Where the Commissioner determines that any such entities may need to make advance preparations for the athletic event, or may have information useful to planning for City services supporting the event, a copy of the permit or an alternative form of notice shall be sent to the appropriate City departments, and any other governmental agency, including any sister agency which may be affected by the athletic event.
The Commissioner shall send a copy of each athletic event permit application to the alderman of the ward or wards in which the athletic event is to be held, with a request for any information on the factors set forth in subsection (f)(1) – (3), and a copy of the grant or denial of a athletic event permit.
Every February 1st and August 1st, the Commissioner shall send to the Department of Police and the City Council committees on special events, cultural affairs and recreation and transportation and public way a list of all athletic event permits granted which have not previously been reported.
(f) After such investigation, the Commissioner shall issue a permit when the Commissioner finds that:
(1) The proposed athletic event will not substantially or unnecessarily interfere with traffic in the area contiguous to the activity, or that, if the athletic event will substantially interfere with such traffic, that there are available at the time of the proposed activity sufficient City resources to mitigate the disruption;
(2) There are available at the time of the athletic event a sufficient number of on-duty police officers, or other City employees authorized to regulate traffic, to police and protect lawful participants in the activity and non-participants from traffic-related hazards in light of the other demands for police protection at the time of the proposed event or activity;
(3) The concentration of persons, animals, vehicles or things at the assembly and disbanding areas and along the athletic event route will not prevent proper fire and police protection or ambulance service;
(3.5) The proposed athletic event does not present a substantial and unreasonable risk to the health and safety of participants, bystanders, or City personnel which cannot be mitigated, regardless of location, and which is beyond the type or magnitude of risks and mitigations commonly considered in paragraphs (1 ), (2) and (3) of this subsection (f), as determined by the Commissioner, in consultation with the Department of Police, the Fire Department and the Office of Emergency Management and Communications;
(4) An applicant for an athletic event permit has complied with subsection (k) herein;
(5) If the application is for an athletic event for which participation fees will be charged for participation in the event, the proposed athletic event will be in the best interest of the city in light of the: (i) apparent ability of the applicant to comply with the requirements of this section, and (ii) willingness and financial ability of the applicant to conduct the event in a manner appropriate to the type of the event, and to pay any prizes that the applicant has advertised or is likely to advertise. In making a determination under this subparagraph (f)(5), the commissioner may consider the experience of the applicant in conducting the same or similar events, and may require additional information from the applicant with respect to the proposed event and the applicant's financial situation;
(6) The proposed activity will not interfere with the use of the requested area by another party to whom a valid permit has been issued for the same area, or does not conflict with another permit application or a traditional parade, as that term is defined in Section 10-8-330; and
(7) The application contains sufficient information about the person or organization applying for the permit; the proposed athletic event; the date, time, location and route; and the number of participants and anticipated number of spectators.
(g) All applications for an athletic event permit shall be processed on a first-in-time basis.
(h) The commissioner shall inform the applicant for an athletic event permit whether the application is approved or denied within 30 days after the filing thereof. If the commissioner approves the application, the commissioner shall inform the applicant within such time of the compensation, insurance or bond, if any, required pursuant to this section. If the commissioner denies the application, the commissioner shall provide written notice by mail, fax or e-mail of the commissioner's action within such time, stating the specific facts and conclusions which are the basis for the denial of the permit. If the commissioner fails to act within 30 days after the date upon which the application was filed, the application for an athletic event permit shall be deemed approved and the permit deemed granted as to time, date, location and route as set forth on the application.
(i) Subject to the exception listed in this paragraph, when the Commissioner denies an application for an athletic event permit, the Commissioner shall authorize the conduct of an athletic event on a date, at a time or at a location different from that named by the applicant. This alternate permit shall, to the extent practicable, authorize an event that will have comparable public visibility and a similar location and date to that of the proposed event. Notwithstanding anything in this section to the contrary, the Commissioner may deny an application for an athletic event permit without authorizing an alternative permit if such denial is pursuant to subsection (f)(3.5). In such case, the Commissioner’s written notice of denial shall make specific note of the Commissioner’s determination under subsection (f)(3.5) in addition to the standard requirement that the Commissioner state the specific facts and conclusions which are the basis for the denial of the permit.
An applicant desiring to accept an alternate athletic event permit shall, within five business days after notice of the action by the commissioner, file a written notice of acceptance with the commissioner.
The commissioner is empowered to limit the athletic event to the sidewalk or to one or more traffic lanes of the street where it is determined that such limited area is capable of accommodating the number of participants or spectators anticipated based upon the information submitted by the applicant and the experience of previous comparable events, and such limitation shall not be considered a denial.
During the athletic event, members of the police department are authorized to limit the available portion of the public way, where one lane of traffic or the sidewalk is capable of accommodating the number of participants or spectators present.
(j) (1) Any applicant who believes that his or her application for a permit is wrongfully denied may appeal the denial by notifying the department of administrative hearings of the intent to appeal. If no appeal is filed within five business days of the date of notice of the commissioner's decision, that decision shall be deemed final.
Upon the filing of such appeal, the department of administrative hearings shall cause a hearing to be held within five business days and based upon the evidence contained in the record of such hearing, either affirm or reverse the decision of the commissioner.
Any final decision of the department of administrative hearings shall be subject to judicial review in accordance with applicable law.
In the event that the department of administrative hearings fails to act within five business days of the conclusion of a hearing held under this section, the application for a permit shall be deemed approved and the permit deemed granted as to time, date, location and route as set forth on the application.
(2) If there is not sufficient time to file the appeal in accordance with the procedure set forth in this subsection, the decision by the commissioner shall be deemed a final decision subject to judicial review in accordance with applicable law.
(k) Upon the filing of an application to conduct an athletic event, the commissioner shall investigate the facts set forth in the application and determine:
(1) The amount, if any, of a fee to be tendered to the city by the applicant to compensate the city for the provision of any city services deemed necessary by the commissioner for the safe and orderly conduct of the athletic event; and
(2) The amount, if any, of any bond or insurance, naming the city as the insured, that the commissioner determines is necessary to: (i) insure the city against any liability arising from the athletic event; (ii) indemnify the city against any additional or uncovered third party claims arising out of or caused by the athletic event; and (iii) cover the cost for any damage to the public way or other city property arising out of or caused by the athletic event.
No athletic event permit shall be issued until such fees are paid or bonds furnished. The commissioner shall adopt rules and regulations to govern the determination of whether any fees or bonds are required and the amount of any such fees or bonds.
(l) The commissioner, in consultation with other city departments and agencies, including the department of cultural affairs and special events, shall promulgate rules and regulations to implement this section.
(m) It shall be unlawful for any person to knowingly interfere with any person or organization lawfully conducting an athletic event.
(n) Any person violating any of the provisions of this section, or any of the provisions of the regulations promulgated hereunder, shall be fined not less than $200.00 nor more than $1,000.00 or may be subject to incarceration for up to 10 days, or both. In addition to any other penalty or fine provided, any person who sells or assigns a permit granted under this section shall be barred from applying for another such permit for a period of three years.
(Added Coun. J. 1-18-12, p. 19230, § 5; Amend Coun. J. 11-16-16, p. 38042, Art. VII, § 1; Amend Coun. J. 10-16-19, p. 7341, § 1; Amend Coun. J. 7-17-24, p. 14481, § 1)