3.2.301: DEFINITIONS:

AIR OPERATIONS AREA (AOA): Has the meaning defined in 49 CFR section 1540.5, as amended.

FACILITY: Any City owned or leased building, facility, real or personal property, right of way or easement. This term shall apply to all City facilities operated for the benefit of the municipal government and utilities, hospital and municipal enterprise facilities.

MANAGER: The person or persons who have administrative or supervisory authority over any facility. This term includes, but is not limited to, the Mayor, Utilities Director, City Attorney, City Clerk, City Auditor, Municipal Court Administrator, Presiding Judge of the Municipal Court, MHS Enterprise Board of Trustees (subject to the terms and conditions of the Memorial Health System Affiliation during its duration) and their designees.

MUNICIPAL AIRPORT: All properties presently leased or owned by the City and designated by the City Council or Mayor as a part of the Municipal Airport, including all of that property commonly known as "Peterson Field", and any properties which may be acquired by the City as a municipal aeronautical facility. "Municipal Airport" includes a terminal facility for development, promotion and accommodation of air commerce, air travel and air transportation.

PASSENGER TERMINAL FACILITY: The building and overhang structure located at 7770 Milton E. Proby Parkway in Colorado Springs, Colorado. (Ord. 03-138; Ord. 11-20; Ord. 14-14; Ord. 15-63)

3.2.302: FACILITY SECURITY PLANS/REGULATION:

   A.   Security Plans: The manager of any facility shall have the authority to develop security plans and promulgate rules and regulations necessary for the health, safety, security and welfare of the public, City employees and the conduct of City business within the public areas of the facility. The plans, rules and regulations shall consistently consider levels of threats linked to the national Homeland Security Threat Level Plan and be based upon a uniform analysis of security risks to the facility. The City Attorney shall review all proposed plans, rules and regulations for compliance with relevant State or Federal laws.

   B.   Posting Of Notice: The manager of any facility that is subject to security plans shall post a notice at the public entrance(s) of the facility, visible to persons entering the facility, noting the threat level and corresponding rules and regulations in effect and that violations of the rules and regulations will be prosecuted.

   C.   Posting Of Municipal Airport: The person or persons who have administrative or supervisory authority over the Municipal Airport and their designees shall post a notice at the public entrance(s) to the passenger terminal facility of the Municipal Airport and the AOA, visible to persons entering the facility or the AOA, informing the public that the possession of marijuana within the passenger terminal facility of the Municipal Airport and the AOA is prohibited. (Ord. 03-138; Ord. 14-14)

PART 4 SPECIAL EVENTS ON PUBLIC PROPERTY

SECTION:

3.2.401: Legislative Declaration

3.2.402: Authority

3.2.403: Definitions

3.2.404: Permit Required; Exceptions

3.2.405: Fees; Costs

3.2.406: Permit Application; Required Information

3.2.407: Special Event Permit Review; Issuance; Denial

3.2.408: Insurance

3.2.409: Unlawful Acts

3.2.410: Suspension Or Revocation

3.2.411: Appeals

3.2.401: LEGISLATIVE DECLARATION:

The City of Colorado Springs has a rich history of community pride and involvement. It is appropriate to take time to gather as a community to recognize, celebrate and honor the accomplishments, contributions and privileges of our citizens and our community. The use of public property is often necessary to accommodate the size or type of special events and also provides unique venues for expression and entertainment. It is the purpose of this part to establish an administrative special event permit program that will facilitate the success of these special events, protect the free speech activities of participants and spectators and promote and preserve the public health, safety and welfare.

It is Council's intent to protect the rights of its citizens to engage in protected free speech expression activities while providing a coordinated process for the regulation of special events. Reasonable time, place and manner regulation of special events ensures the health, safety and welfare of the citizens of this City and the impact that special events have on public and private facilities and services. Regulation of special events protects the privileges and interests granted to the holder of a special event permit and provides a mechanism for effective management of City assets and resources, and for City cost recovery and revenue sharing for special events. (Ord. 08-179)

3.2.402: AUTHORITY:

The Mayor shall have authority to administer and enforce the special event permit program created by this part. The Mayor may appoint a committee of Municipal staff members, including Municipal enterprise staff members, to review and recommend action on a special event permit application. The Mayor is further authorized to promulgate any rules and regulations necessary to implement the special event permit program, the work of the review committee, a public input process and the provisions of this part. (Ord. 08-179; Ord. 11-19)

3.2.403: DEFINITIONS:

EVENT ORGANIZER: Any person identified in the special event permit application who conducts, manages, promotes, organizes, aids or solicits attendance at or for a special event.

PUBLIC SAFETY EMPLOYEE: City employees who are responsible for protecting public safety or responding to emergency calls that relate to the public health, safety or welfare. Public safety employees include, but are not limited to, firefighters, police officers and traffic engineering employees.

SPECIAL EVENT: A special event includes, but is not limited to:

   A.   Any organized formation, parade, procession or assembly consisting of, or reasonably expected to consist of, one hundred (100) or more persons, and which may include animals, vehicles or any combination thereof, which is to assemble or travel in unison on any public street and which does not comply with normal or usual traffic regulations or controls.

   B.   Any organized assemblage consisting of, or reasonably expected to consist of, one hundred (100) or more persons at any public park which is to gather for a common purpose under the direction or control of a single person or organization.

   C.   Any other organized activity conducted by a person or organization for a common or collective use, purpose or benefit which involves the use of, or has an impact on, other public property or facilities and the provision of public safety services to the activity.

   D.   Any event that requires the temporary closure of a public street, alley or right of way or the erection of barricades.

Examples of special events include, but are not limited to, concerts, parades, circuses, fairs, festivals, block parties, community events, mass participation sports (i.e., marathons, running events, bicycle races or tours, etc.), motorcycle rallies or spectator sports.

SPECIAL EVENT VENUE: The area within which a special event will be conducted and for which a special event permit has been issued, including any areas necessary for staging or disbanding the special event. (Ord. 08-179)

3.2.404: PERMIT REQUIRED; EXCEPTIONS:

   A.   It shall be unlawful for any person or organization to conduct, promote, manage, aid, or solicit attendance at a special event without first obtaining a special event permit or a reservation from the Mayor for a date and location for a proposed special event, in accord with subsection 3.2.406A of this part.

   B.   A special event permit is not required for any of the following activities:

      1.   Funeral processions.

      2.   Public activities conducted by the City or other governmental entity acting within the scope of its authority.

      3.   Picketing or other first amendment activities, so long as:

         a.   The activity does not involve the use of vehicles, equipment, animals, fireworks, pyrotechnics;

         b.   No fee or donation is charged or required as a condition of participation in or attendance in the activity;

         c.   The activity is conducted in accord with the law. (Ord. 08-179; Ord. 11-19)

3.2.405: FEES; COSTS:

   A.   Each application for a special event permit shall be accompanied by an application fee, which shall be set by City Council resolution. City Council may establish fees based upon the size, location and nonprofit status of the event organizer.

   B.   If a special event will require the provision of City services, equipment or personnel beyond normal staffing and utilization levels provided to the rest of the City, the Mayor is authorized to negotiate the recovery of costs for City services, equipment and personnel, including, but not limited to, permit review and processing; traffic control review, implementation and devices; police, fire and emergency medical equipment and services; sanitary facilities and cleanup.

   C.   City Council may by resolution waive the recovery of costs for City sponsored special events. (Ord. 08-179; Ord. 11-19)

3.2.406: PERMIT APPLICATION; REQUIRED INFORMATION:

   A.   An application for a special event permit shall be filed not less than ninety (90) calendar days, nor more than twelve (12) months, prior to the time when the special event is proposed to occur. Within the discretion of the Mayor, a reservation for a date and the location for a proposed special event is permissible up to five (5) years prior to the proposed event. A reservation date shall be finally confirmed with the issuance of the special event permit.

   B.   The application for a special event permit shall be on a form prescribed by the Mayor and may include the following information:

      1.   The name, address and telephone number of the event organizer and all persons working for the event organizer on the day of the special event to ensure adequate communication between the City and the event organizer and designees.

      2.   The date(s), time(s) and purpose of the special event, a description of the anticipated event venue and the number and type of participants and spectators expected at the event.

      3.   A proposed traffic plan for the event venue and surrounding areas affected by the special event.

      4.   The number and location of portable sanitation facilities and a schedule for delivery, removal and cleanup.

      5.   A description of the public safety or other public facilities or resources requested to accommodate the special event.

      6.   Other equipment or services requested to conduct the special event with due regard to participant and public health, safety and welfare.

      7.   The number of persons proposed or required to monitor or facilitate the special event and provide spectator or participant control and direction for the special event using public streets, sidewalks or other facilities.

      8.   A medical plan containing provisions for first aid or emergency medical services, or both, based on the special event's risk factors.

      9.   An estimate of the time and resources needed to clean the venue area after the event.

      10.   Proof of insurance and surety bond information.

      11.   Any special or unusual requirements that may be needed or created by virtue of the proposed special event.

      12.   Any other information reasonably required by the Mayor.

   C.   An application is complete and shall be accepted by the Mayor when all information required by the application form is provided and any required application fees have been paid. Acceptance of an application shall not be deemed acceptance or confirmation of the requested date(s) or time(s) for the special event. (Ord. 08-179; Ord. 11-19)