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§ 98.02 PURPOSE.
   The purpose of this chapter is to control the issuance of permits for mass gatherings within the town and to prevent tumultuous conduct, riots, unnecessary noise, nuisances, unsanitary conditions, public indecency, or uncontrolled gatherings which may constitute a threat to public health, safety, or welfare within the town. Mass gatherings increase levels of traffic congestion and place high demands on police, emergency, and medical services.
(Ord. 2014-05, passed 4-14-2014; Am. Ord. 2014-09, passed 6-23-2014)
§ 98.03 APPLICABILITY.
   (A)   No person, corporation, association or group of any kind shall sponsor, promote or conduct a mass gathering, as defined, which may reasonably be expected to result or does result in the gathering of a group of persons upon any public street, park, or other public grounds, until a permit has been obtained from the Town Council.
   (B)   No person, corporation, association or group of any kind shall make its privately owned property available for a mass gathering, as defined, which may reasonably be expected to encroach, or does encroach, upon public streets, sidewalks, or public rights-of-way or that can reasonably be expected to interfere, or does interfere, with the normal flow or regulation of pedestrian or vehicular traffic, until a permit has been obtained from the Town Council.
   (C)   Mass gatherings may consist of, but are not to be limited to: festivals, fairs, concerts, exhibitions, social gatherings, meetings, parades, and entertainment. Land use authorization by the Planning Commission for a specific use does not negate the necessity for a mass gathering permit if the use results in the creation of a mass gathering.
   (D)   The following events are exempt from this chapter:
      (1)   Normal and usual school activities, including athletic events, taking place on school grounds sponsored by Richland-Bean Blossom Community School Corporation.
      (2)   Outdoor events and festivals sponsored by and under the direct supervision of the Town of Ellettsville.
      (3)   The Monroe County Fall Festival.
      (4)   A regularly established, permanent place of worship, an arena, an auditorium or other similar permanently established place of assembly for assemblies that do not exceed by more than 250 people the maximum seating capacity of the structure where the assembly is held.
(Ord. 2014-05, passed 4-14-2014; Am. Ord. 2014-09, passed 6-23-2014)
§ 98.04 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CONTINUOUS MASS GATHERING. A mass gathering, major or minor, lasting for more than 24 hours or occurring on more than one occasion within a six month period.
   MAJOR MASS GATHERING. Any gathering, attracting, or intending to attract, a continued audience or congregation of participants of 500 or more persons for one hour or more, at any location at one time.
   MINOR MASS GATHERING. Any gathering, attracting, or intending to attract, a continued audience or congregation of participants of 250 or more persons for one hour or more at any location at one time.
   OPERATOR. The person or group responsible for managing the mass gathering.
(Ord. 2014-05, passed 4-14-2014; Am. Ord. 2014-09, passed 6-23-2014)
§ 98.05 APPLICATION PROCEDURE, STANDARDS, AND OFFENSES.
   (A)   Permit application procedure - minor mass gathering.
      (1)   Applications for all minor mass gathering permits shall be made in writing to the Clerk-Treasurer on the application obtained from the town and shall include the following information:
         (a)   The name of the applicant;
         (b)   The name and address where the mass gathering will occur;
         (c)   The name, address, and phone number of the property owner;
         (d)   The name, address, and phone number of the mass gathering operator;
         (e)   A detailed description of the nature of the mass gathering, including a specific description of any entertainment to be offered, the location to be used, and the times of operation;
         (f)   A descriptive statement about how each of the review standards in division (C), below, will be met;
         (g)   A plan showing the internal vehicular circulation within the mass gathering area;
         (h)   Proof of the applicant's liability insurance;
         (i)   Any additional information to support the request for the permit; and
         (j)   Any additional information as may be needed by the Town Council in the issuing of the permit.
      (2)   The applicant shall submit 11 copies of the application and all other related and required information to the Clerk-Treasurer not less than 45 days before the proposed event.
      (3)   Upon receipt the Clerk-Treasurer will forward copies of the application to the Town Council, as well as the Fire Chief, Police Chief, Street Commissioner, Utilities Director, and Planning Commission Director for review and comment. Comments from those individuals shall be given to the Town Council within ten days of receipt.
      (4)   The non-refundable fee for a minor mass gathering permit shall be $50. A minor continuous gathering shall require a fee of $200 every six months. The Town Council shall waive the fee for non-profit organizations registered with the Indiana Secretary of State’s Office.
      (5)   The Town Council shall, prior to granting a permit and after reasonable notice to the public and the applicant, hold a public hearing within 30 days of the date the request was received, at which the testimony of the applicant and that of any interested member of the public shall be taken.
      (6)   No permit shall be issued for any thing, or act, or premises, if the premises and any buildings to be used for the mass gathering do not fully comply with all ordinances, articles, or rules and regulations of the town and the state.
      (7)   The Town Council may grant a permit unless it is believed that issuance of the permit will be detrimental to the public health, safety or welfare, or would violate municipal ordinances, or rules and regulations. The Town Council will consider and use the review standards listed in division (C) below as guidance when reviewing an application for a minor mass gathering and may waive any specific standards. The Town Council may impose conditions to approvals to safe guard the public interest. The Clerk-Treasurer shall notify the applicant of the decision in writing within 30 days of receipt of the application.
      (8)   The Town Council may also require the applicant to post a performance bond in an amount reasonably necessary to ensure prompt payment for all damages caused by any attendee or employee to public and private property resulting from or in connection with the mass gathering. Promptly following the mass gathering the town shall release the performance guarantee if the operator pays all clean up and public costs within ten working days after the mass gathering with a positive recommendation from the Fire Chief, Police Chief, Street Commissioner, Utilities Director, and Planning Commission Director to the Town Council at their first meeting past the ten working days mentioned in this division.
   (B)   Permit application procedure - major mass gathering.
      (1)   Applications for all major mass gathering permits shall be made in writing to the Town Council on the application obtained from the Clerk-Treasurer and shall include the following information:
         (a)   The name of the applicant;
         (b)   The name and address where the mass gathering will occur;
         (c)   The name, address, and phone number of the property owner;
         (d)   The name, address, and phone number of the mass gathering operator;
         (e)   A detailed description of the nature of the mass gathering, including a specific description of any entertainment to be offered, the location to be used, and the times of operation;
         (f)   A descriptive statement about how each of the Review Standards in division (C), below, will be met;
         (g)   A plan showing the internal vehicular circulation within the mass gathering area;
         (h)   Proof of the applicant's liability insurance;
         (i)   Any additional information to support the request for the permit; and
         (j)   Any additional information as may be needed by the Town Council in the issuing of the permit.
      (2)   The applicant shall submit 11 copies of the application and all other related and required information to the Clerk-Treasurer not less than 45 days before the proposed event.
      (3)   Upon receipt the Clerk-Treasurer will forward copies of the application to the Town Council, as well as the Fire Chief, Police Chief, Street Commissioner, Utilities Director, and Planning Commission Director for review and comment. Comments from those people should be given to the Town Council prior to the public hearing.
      (4)   The non-refundable fee for a major mass gathering permit shall be $250. A continuous gathering shall require a fee of $1,000 every six months. The Town Council shall waive the fee for non-profit organizations registered with the Indiana Secretary of State’s Office.
      (5)   The Town Council shall, prior to granting a permit and after reasonable notice to the public and the applicant, hold a public hearing within 30 days of the date the request was received, at which the testimony of the applicant and that of any interested member of the public shall be taken.
      (6)   No permit shall be issued for any thing, or act, or premises, if the premises and any buildings to be used for the mass gathering do not fully comply with all ordinances, articles, or rules and regulations of the town and the state.
      (7)   The Town Council may grant a permit unless they find that issuance of the permit will be detrimental to the public health, safety or welfare, or would violate municipal ordinances, or rules and regulations. The Board may impose conditions to approvals to safe guard the public interest or waive any specific review standards listed in division (C), below. The Clerk-Treasurer shall notify the applicant of its decision in writing within 30 days of receipt of the application.
      (8)   The Town Council may also require the applicant to post a performance bond in an amount reasonably necessary to ensure prompt payment for all damages caused by any attendee or employee to public and private property resulting from or in connection with the mass gathering.
      (9)   Promptly following the mass gathering the town shall release the performance guarantee if the operator pays all clean up and public costs within ten working days after the mass gathering with a positive recommendation from the Fire Chief, Police Chief, Street Commissioner, Utilities Director, and Planning Commission Director to the Town Council at their first meeting past the ten working days mentioned in this division.
   (C)   Review standards.
      (1)   Premises and facility safety:
         (a)   The premises and facility at which the mass gathering will occur shall be of sufficient size and appropriate layout so as to minimize risk or danger to employees, performers, customers, or the public. The Town Council may require inspections and/or certification as to the safety by the Fire Chief, Police Chief, Street Commissioner, Utilities Director, and Planning Commission Director.
         (b)   The Town Council should consider requiring at least 20 square feet of useable area per person at the site for daytime gatherings and at least 40 square feet per person for overnight gatherings. Trees, underbrush, large rocks, and other natural features shall be left intact and undisturbed whenever possible and natural vegetative cover will be retained, protected and maintained so far as possible to maintain the scenic attributes of the property.
         (c)   Adequate lighting shall be provided to protect the safety of the persons at the gathering. The lighting shall not unreasonably reflect beyond the property boundaries unless the adjacent properties are uninhabited.
         (d)   The electrical system or equipment serving the mass gathering shall comply with applicable state standards and regulations.
      (2)   Vehicular ingress and egress to facility and on-site parking:
         (a)   The premises and facility at which the mass gathering will occur shall provide for safe ingress and egress for vehicles, with regard to the general public's use of any public right of way.
         (b)   Internal and external traffic and security control shall meet the requirements of the applicable state and local law enforcement agencies.
         (c)   The Town Council shall, in their review of the plan showing the proposed internal vehicular circulation, consider requiring internal service roads to be at least 24 feet wide to allow for the safe passage of emergency vehicles.
         (d)   The premises shall provide adequate onsite parking of at least one parking space for every four persons.
         (e)   If off-site parking is proposed, the applicant must provide a statement from the landowner acknowledging and approving the use of their property for parking, and a plan stating or depicting the mode and routes of travel which will be utilized by attendees to get to the mass gathering area. The off-site parking premises shall provide adequate off-street parking of at least one parking space for every four persons.
         (f)    Accessible parking spaces must be provided in accordance with the Americans with Disabilities Act.
      (3)   Security:
         (a)   The operator shall make satisfactory provisions to assure the avoidance of any breach of the peace or disorderly conduct. The applicant shall provide a plan for addressing crowd control, particularly at a general admission event, and an evacuation plan of the mass gathering area in the event of a natural disaster or other civil emergency.
         (b)   The Town Council may require, at their discretion, demonstration of advance arrangements for special police duty and/or private security firms, as well as fire and/or rescue personnel. The Board should consider requiring at least two Indiana certified police officers present for each 500 people and one security officer present for each 500 people, at the expense of the applicant.
         (c)   The Town Marshal and the Fire Chief, either separately or in conjunction with one another, shall have the authority to shut down an event immediately for public safety purposes due to riotous or tumultuous conduct or dangerous activities or for impending weather hazards or other disasters.
      (4)   Noise and hours of operation:
         (a)   The sound of the mass gathering shall not carry unreasonably beyond the boundaries of the mass gathering area. The noise levels at the property lines or the boundaries of a one time mass gathering shall not exceed 70 decibels unless the mass gathering is remotely located and the surrounding adjacent properties are uninhabited.
         (b)   The hours of operation for a mass gathering may be determined at the Town Council's discretion but should be designed so as to not cause unreasonable disruption to the normal pattern of activities in the neighborhood.
      (5)   Water supply. There shall be adequate and satisfactory water supply facilities at the mass gathering area.
      (6)   Refuse disposal:
         (a)   There shall be adequate refuse storage and disposal facilities. At least one 50 gallon refuse container or its equivalent shall be provided for each 100 anticipated attendees. All refuse shall be gathered from the mass gathering area at least once every 12 hours and or at conclusion of each day of the gathering and disposed of in an approved manner. Areas where vehicles are parked shall have one refuse container for each 25 parked vehicles. Efforts should be made to also include containers for recycling purposes.
         (b)   The mass gathering area and immediate surrounding property shall be cleaned of refuse within 24 hours following a mass gathering.
      (7)   Sanitary facilities:
         (a)   There shall be adequate sanitary waste disposal facilities available. The facilities shall be conveniently accessible and well identified. Toilets shall be provided at a rate of one for each 150 persons present at the mass gathering.
         (b)   Toilet facilities shall comply with the Americans with Disabilities Act with at least one ADA accessible toilet facility for each 450 persons.
      (8)   Medical facilities:
         (a)   The operator of the mass gathering shall contact area hospitals and advise them that a mass gathering will be held and the approximate number of people attending. A telephone or other two-way electronic communication device shall be available.
         (b)   The Town Council may require, at their discretion, demonstration of advance arrangements for rescue personnel and vehicles to be available onsite throughout the mass gathering as deemed necessary, at the expense of the applicant.
         (c)   The Town Council may require, at their discretion, demonstration of advance arrangements for emergency medical services. The Board should consider requiring one Indiana certified Emergency Medical Technician present for each 500 people. One certified basic life support ambulance may be required for major mass gatherings where the attendance is expected to exceed over 2,000 people.
      (9)   Other licenses and permits. The applicant must be in possession of all other necessary licenses, permits, and similar, as may be required by any other body, agency, or jurisdiction, including permits required in the Indiana Code. This includes the licenses and permits required by the State of Indiana relating to the service of food.
      (10)   Fire protection. The Town Council may require, at their discretion, demonstration of advance arrangements for fire fighting personnel. Fire protection requirements will be determined by the Fire Chief in accordance with the 2014 Indiana Fire Prevention Code Section 403 (Public Assemblages and Events). As a minimum, these may include extinguishing devices, fire lanes and escape routes.
   (D)   Conduct constituting offenses by licensees.
      (1)   Disorderly conduct. The operator shall not knowingly allow anyone present at the mass gathering to disturb the peace of others, or act disorderly, offensive or hostile.
      (2)   Riots. The operator shall not allow any activity which intends to promote a riot or disturbance.
      (3)   Prostitution and public indecency. The operator shall not allow prostitution, public indecency, or any person to participate in lewd actions at the mass gathering.
      (4)   Gambling. The operator shall not allow on any premises permitted for mass gatherings the use or occupancy thereof for gambling or games of chance.
      (5)   Failure to meet permit conditions. The operator shall be required to comply with the conditions outlined within the permit and shall be required to operate as described within the application upon which the approval for the mass gathering was granted.
(Ord. 2014-05, passed 4-14-2014; Am. Ord. 2014-09, passed 6-23-2014; Am. Ord. 2019-15, passed 5-13-2019)
§ 98.06 ADMINISTRATION.
   (A)   Inspections.
      (1)   Whenever inspections of the premises used for or in connection with the operation of a mass gathering which has obtained a mass gathering permit are provided for or required by ordinance or state law, or are reasonably necessary to secure compliance with any ordinance provision or state law it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit any officer, official, or employee of the municipality authorized to make the inspection at any reasonable time that admission is requested. Whenever an analysis of any commodity or material is reasonably necessary to secure conformance with any ordinance provision or state law, it shall be the duty of the licensee, or the person in charge of the premises, to give to any authorized officer, official or employee of the municipality requesting the same sufficient samples of the material or commodity for analysis.
      (2)   In addition to any other penalty which may be provided, the Town Council may revoke the mass gathering permit of any licensee in the municipality who refuses to permit any such officer, official, or employee to make an inspection or take sufficient samples for analysis or who interferes with such officer, official or employee while in the performance of his or her duty. Provided, that no mass gathering permit shall be revoked unless written demand for the inspection or sample is made upon the licensee or person in charge of the premises, at the time it is sought to make the inspection.
   (B)   Suspension or revocation of a permit. The Town Council may, after a public hearing preceded by notice to the permit holder and public, suspend or revoke any mass gathering permit which has been issued under this chapter on grounds that the music, dancing, or entertainment so permitted constitutes a detriment to the public health, safety, welfare, or violates the terms of the permit or this chapter or any other municipal ordinance or rules and regulations.
   (C)   Rules and regulations. The Town Council is hereby authorized, after public notice and hearing, to establish written rules and regulations governing the issuance, suspension, and revocation of mass gathering permits, the types of entertainment or gathering permitted, and other limitations on these activities required to protect the public health and safety and welfare. These rules and regulations may specifically determine the location and size of permitted premises, the facilities that may be required for the permitted activities on those premises, and the hours during which the permitted activities are permitted. Such rules and regulations shall be additional to and consistent with all sections of this chapter.
(Ord. 2014-05, passed 4-14-2014; Am. Ord. 2014-09, passed 6-23-2014)
§ 98.99 PENALTY.
   Whoever violates any of the provisions of this chapter shall committed a Class C ordinance violation ($500) for the first offense, and up to a Class A ordinance violation ($2,500) for each subsequent offense, to be recovered on complaint, to the use of the town. A violation of each individual standard above or any conditions of the permit shall constitute a separate violation. In addition the town shall be entitled to pursue equitable relief, including injunctive relief in enforcement of this chapter. Any property owner allowing his or her property to be used for a mass gathering without a validly issued permit therefore shall be deemed a co-violator.
(Ord. 2014-05, passed 4-14-2014; Am. Ord. 2014-09, passed 6-23-2014)