(a) All applications will be reviewed by the applicable department heads (Chief of Police, Planning Department, Public Works, Fire Chief, City Manager, etc.) and forwarded to City Manager or designee for final approval. The City may set any conditions and fees for service or deposits, in accordance with policy, with the understanding that all conditions and fees must be satisfied within fifteen (15) calendar days prior to the event.
(b) Upon review of comments, concerns and recommendations of applicable Department Heads, the City Manager or designee may approve the permit if the event is determined to be unlikely to endanger the public health, welfare or safety and applying the following criteria:
(1) The time, duration, route and size of the event will not unreasonably interrupt the safe and orderly movement of vehicular or pedestrian traffic or the normal use of public property in a place open to the general public; and
(2) The time, duration, route, size and proposed activities of the event will not be scheduled to overly burden any one neighborhood or street on a consistent basis or cause or tend to cause an unreasonable disturbance to adjacent property owners or tenants including, but not limited to, noise, light and traffic
(3) The event is not of such a nature that it will require diversion of so great a number of police and fire/EMS personnel to properly police the line of movement in the areas contiguous thereto as to impair the normal protection of the remainder of the City; and
(4) The applicant has, where appropriate, designated monitors sufficient to control the orderly conduct of the event in conformity with such permit; and
(5) The conduct of the event will not unduly interfere with the proper fire, ambulance and police protection or service to the remainder of the City or is likely to unreasonably disrupt other public services and protection normally provided to the City;
(6) The event will not interfere with another event for which a permit has been granted or cause irreconcilable interference with previously approved or scheduled construction, maintenance or other activities;
(7) The event proposed will not violate, and will conform, with all applicable Federal, State and local regulations and laws governing the proposed event; and
(8) If alcoholic beverages will be served at the event, the applicant must comply with all applicable provisions of the State Code and local ordinances pertaining to serving and consumption of alcoholic beverages. Additionally:
A. The applicant may be required to demonstrate that adequate measures have or otherwise will be taken to ensure the safety of persons who may have become impaired or intoxicated at the event; and
B. The applicant may be required to demonstrate that adequate measures have or otherwise will be taken to ensure that underage persons are not served or permitted to consume alcoholic beverages at the event;
C. No permit shall be issued to any applicant where alcohol is to be served upon any property or in any facility where alcohol is otherwise prohibited by any other statute
(c) For special events or public assemblies, such as a concert series or monthly reservation of the Town Square Pedestrian Plaza, held on a regular or recurring basis at the same location, an application for an annual permit covering all such assemblies may be filed with the City Manager or designee at least sixty (60) days prior to the first scheduled event. The application will then follow the heretofore described review and approval process.
(d) Town Square Pedestrian Plaza Reservations, as defined in Section 155.01
(q), shall be limited to six (6) hours, including times reserved for set-up and clean-up. The City Council reserves the right to grant exceptions to this limitation. Town Square Pedestrian Plaza reservations are subject to a daily rental fee.
(e) If two or more applications are submitted requesting a permit for events to be held at the same time and place, the application first filed shall be first considered, and will be granted if it meets all requirements of this ordinance
(f) In the event that the any application is denied, the City Manager or designee will promptly provide, to the applicant, a notice of action which will contain the reasons for denial and notify the applicant of the right to appeal pursuant to Section 155.06
(g) Nothing in this ordinance shall permit the City to deny a permit based upon political, social or religious grounds or reasons or based upon the content of views expressed
(h) The City Manager, or designee, may authorize the conduct of an event on a date, at a time, at a place or over a route, different from that originally proposed. Any applicant desiring to accept an alternate permit shall file a written notice of acceptance with the City Manager. Any alternate permit shall conform to all requirements of this ordinance and shall have the same effect as any other permit issued therein.
(Ord. 2023-12. Passed 8-10-23.)