(A) Upon the filing of a properly completed application and fee for a permit under this chapter, the City Manager shall immediately forward the application to the Chief of Police, the Director of Emergency Services, and the head of any other municipal department affected by the event for review and recommendation.
(B) The City Manager shall either approve or disapprove the application as soon as practicable, but in any event not later than ten days from the date of filing the application and all necessary supplemental information. Except as provided in division (D) of this section, the failure of the City Manager to deny the application within such time shall result in the administrative approval of the application.
(C) The City Manager shall approve the issuance of a permit under this chapter unless the City Manager determines that:
(1) The applicant has failed to properly complete the application or has failed to provide supplemental information as required by § 100.05;
(2) The information contained in the application, including supplemental information, is found to be false or misleading in any material respect;
(3) An application for another event to be held on the same date as that requested by the applicant has been previously filed or approved, and as a result of the proximity or size of such other event, the event proposed by the applicant would cause undue traffic congestion or seriously impair the city's ability to provide proper and efficient police, fire, or ambulance services;
(4) The time, route, or size of the event will substantially disrupt the safe and orderly movement of traffic contiguous to the site or route of the event, or disrupt the use of a street during peak traffic periods;
(5) The concentration of persons, animals, or vehicles at the site of the event or at the site of an assembly or disbanding area around the event will prevent proper police, fire, or ambulance services to areas contiguous to the event;
(6) The location or size of the event will seriously jeopardize or impair police, fire, or ambulance service to the event or other areas in the city, provided, however, that nothing herein authorizes the denial of a permit because of the need to protect event participants from the unlawful conduct of others;
(7) The event consists of a parade or athletic event moving along a route which will not move from its point of origin to its point of termination in ten hours or less;
(8) The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the city street, sidewalk, or other public right-of-way to be occupied by the event;
(9) The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the event will substantially disrupt access to or educational activity at the school or class;
(10) The event would violate any applicable law or regulation;
(11) The event would pose an imminent risk of serious harm to persons or property;
(12) The applicant has not made sufficient provision for parking, or for the health, safety, and sanitation of event participants; or
(13) The applicant has been convicted of violating a provision of this chapter, or has had a special events permit revoked within the preceding 18 months.
(D) If the City Manager determines that there are grounds to deny an application, but that such grounds could be avoided by changing the date, time, or location of the event, or the manner in which same is conducted, the City Manager shall notify the applicant in writing of the grounds for denial of the application and consult with the applicant regarding alternatives which would allow issuance of the permit. Any applicant desiring to accept such permit alternatives shall file a written notice of acceptance with the City Secretary not later than five days after the date of the City Manager's notice. In the event the applicant fails to accept such permit alternatives in a manner and within the time provided for herein, the City Manager shall deny the application.
(E) The City Manager shall promptly notify the applicant in writing of the approval or denial of the application.
(1) If the application is denied, the City Manager shall promptly notify the applicant in writing of such determination, of the reasons for the denial, and of any right to appeal the determination to the City Council.
(2) If the application is approved, the City Manager shall promptly issue a permit subject to all the general conditions required by this chapter, and such other special conditions authorized by this chapter as may be necessary in order to protect the safety of persons and property and to ensure the safe, orderly, and lawful operation of the event.
(Ord. 2001-28, passed 8-28-01)