§ 93.30 TITLE, PURPOSE, POLICY, INTENT AND DEFINITIONS.
   (A)   Title. This subchapter shall be known as the special events ordinance.
   (B)   Purpose. It is the purpose of this subchapter to provide for the issuance of special event permits to regulate events on the public right-of-way and public property of the city in the interest of public health, safety and welfare; and to provide for fees, charges and procedures required to administer the permit process.
   (C)   Policy. It is the policy of the city, as implemented through this subchapter and any policies and procedures adopted hereunder, or hereinafter, to recognize the substantial community benefits that result from special events. These events provide cultural enrichment, promote economic vitality, and enhance community identity and pride. They also provide opportunities for family activities and funding for our community’s nonprofit organizations. Therefore, the city shall endeavor to accommodate special events that are deemed to be in the best interests of the city, its residents and guests. It is the city’s goal to have successful special events that enrich and promote the community and contribute to the local economy.
   (D)   Intent.
      (1)   It is the specific intent of this subchapter and any policies and procedures adopted hereunder, or hereinafter, to place the obligation of complying with the requirements of this subchapter upon the applicant or organizer, and no provision hereof is intended to impose any duty upon the city of any of its officers, employees, or agents. Nothing contained in this subchapter or any policy or procedure adopted hereunder is intended to be or shall be construed to create or form the basis for liability on the part of the city, or its officers, employees, or agents, for any injury or damages resulting from the failure on the applicant or organizer to comply with the provisions hereof.
      (2)   Furthermore, this subchapter imposes regulatory requirements on certain activities that are held on city streets and on city property and that are defined as SPECIAL EVENTS. The requirements imposed by this subchapter do not alter, supersede, or nullify any requirements contained in other statutes, ordinances, or regulations that may also regulate special events. These requirements shall be applied in a content neutral manner and without discrimination as to race, religion, sex, national origin, political affiliation or other unlawful discriminatory classification.
   (E)   Definitions.    For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      APPLICANT. The authorized officer, employee, representative, or agent of the organization or group who completes the application and who will be the primary contact for the special event.
      ORGANIZER. The person, business, corporation (for-profit or nonprofit), partnership, company, association, organization or other entity responsible for the special event to be held.
      SPECIAL EVENT.
         (a)   Any festival, carnival, walk, autocade, block party, fair, athletic event, production, fundraiser, gala, celebration, ceremony, race, tournament, activity, or other event to which the general public is invited to participate or attend, that is organized, promoted, conducted, or sponsored by the city, the county, or any other person, corporation (for-profit or nonprofit), partnership, company, association, organization, charity, or other entity, and which involves the use of publicly owned, leased, or controlled property, including public right-of-way (streets and sidewalks) and/or city services, and involves 25 or more human participants, or, in the case of events involving fewer than 25 or more human participants, those events which involve use of streets, sidewalks, parks, or other city property in a way that does not comply with normal or usual traffic, pedestrian, park, or similar regulations or controls.
         (b)   SPECIAL EVENTS shall also include the above-mentioned events held on private property that would have a direct impact on traffic congestion or flow to and from the event over public right-of-way or which would appreciably impact the need for police, fire, or other public safety and emergency services. As a general rule, any of the above-mentioned events held on private property to which the public is invited to attend and which the organizer expects will be attended by 500 or more persons, is presumed to have a direct impact on public right-of-way, police, fire, and other emergency services, and shall be deemed a special event for purposes of this subchapter. However, events with significantly smaller attendance may also qualify under this subchapter as a special event if they exceed their intended purpose, reasonable occupancy, or impact on city right-of-way.
      SPONTANEOUS EVENT. A special event that is occasioned by news or affairs coming into public knowledge fewer than 14 days before the special event.
(1984 Code, § 93.30) (Ord. O-82-81, passed 10-20-1981; Ord. O-40-07, passed 9-11-2007; Ord. O-06-19, passed 3-12-2019)