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(a) Except as otherwise provided in this article, the outdoor events manager shall be charged with the responsibility and authority to determine whether a particular applicant shall be granted a neighborhood event or neighborhood parade permit in the time, manner and place proposed.
(b) After consideration of the application and other information as may be otherwise required, a neighborhood event or neighborhood parade event application will be approved and a neighborhood event or neighborhood parade permit issued if, upon review, the outdoor events manager finds that the application meets the requirements of this division.
(c) The advertisement of a neighborhood event or neighborhood parade prior to the neighborhood event or neighborhood parade permit being issued shall not entitle the applicant to hold the event without a valid neighborhood event or neighborhood parade permit.
(d) The outdoor events manager shall issue either a neighborhood event or neighborhood parade permit or denial of the neighborhood event or neighborhood parade application within five calendar days of a completed application.
(e) Denial of a neighborhood event or neighborhood parade permit. The outdoor events manager shall deny a neighborhood event or neighborhood parade application if:
(1) An applicant has failed or is unwilling to comply with all the requirements of this division;
(2) An applicant who caused significant damage to city streets, sidewalks, parks and/or other city real or personal property and, at the time of submitting an application for a new neighborhood event or neighborhood parade, failed to adequately repair the damage or failed to pay a bill for restoration services in full, provided that the outdoor events manager or his or her designee, mailed or delivered to the applicant a demand for such repair or restoration fees within 60 days after the ending date of such previous neighborhood event or neighborhood parade;
(3) The applicant has violated a material condition and/or restriction of a neighborhood event or neighborhood parade permit, or if the applicant’s conduct regarding the neighborhood event or neighborhood parade was in violation of law or local ordinance;
(4) It appears by competent evidence that the applicant has made a material misrepresentation or given incorrect material information on the application. Prior to such denial or revocation, the outdoor events manager shall notify the applicant of the evidence and provide the applicant within three business days in which to rebut said evidence in writing;
(5) The applicant is unable or unwilling to provide any required insurance;
(6) The applicant has failed to execute a user agreement;
(7) The applicant fails to provide any additional information that has been requested by the outdoor events manager; or
(8) At any time, the neighborhood event or neighborhood parade is being held for an unlawful purpose, and/or violates a federal, state or local law or ordinance.
(f) Revocation of a neighborhood event or neighborhood parade permit. The outdoor events manager may revoke a neighborhood event or neighborhood parade permit:
(1) Due to reasons of disaster, public calamity, riot or other emergency;
(2) The applicant violates the rules set forth in this article after he or she has received the neighborhood event or neighborhood parade permit;
(3) The neighborhood event or neighborhood parade poses an immediate threat to health or safety; or
(4) The applicant has failed to obtain any other permits required by this article, state law or the city code.
(g) If the United States Department of Homeland Security issues a level orange or a level red alert, the city, in its sole discretion, may close or postpone the opening of the neighborhood event or neighborhood parade in the interest of public safety.
(Ord. 19255-08-2010, § 1, passed 8-3-2010, eff. 10-1-2010)
The applicant for a neighborhood event or neighborhood parade permit may appeal the decision of the outdoor events manager to deny or revoke a permit no later than five days after written or electronic notice of denial or revocation by submitting in writing to the city manager or his or her designee notice of the applicant’s decision to appeal. The appeal shall specifically state the grounds upon which it is asserted and why the determination should be modified or reversed. The city manager or his or her designee may affirm, modify or reverse all or part of the decision of the outdoor events manager being appealed. The decision of the city manager or his or her designee is final.
(Ord. 19255-08-2010, § 1, passed 8-3-2010, eff. 10-1-2010)
(a) A person commits an offense if he or she commences or conducts an event:
(1) Without a permit;
(2) Knowingly makes a false statement in connection with an application; or
(3) In violation of any provision of a permit, this article, additional rules or regulations as promulgated by the city manager or any other city ordinance or applicable law.
(b) A culpable mental state is not required for the commission of an offense under this article.
(Ord. 19255-08-2010, § 1, passed 8-3-2010, eff. 10-1-2010)
(a) A person who violates a provision of this article or a requirement of a permit is guilty of a separate offense for each day or part of a day during which the violation is committed or continued.
(b) Each offense is punishable by a fine not to exceed:
(1) Two thousand dollars for a violation of a provision of this article or a requirement of a permit governing fire safety, zoning or public health and sanitation, including dumping or refuse; or
(2) Five hundred dollars for all other violations of this article or requirements of a permit.
(Ord. 19255-08-2010, § 1, passed 8-3-2010, eff. 10-1-2010)
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