(a) Intent. It is the intent of this section to establish specific regulations governing Special Events within the City of Moraine, in the interest of the health, safety, and general welfare of its citizens, business concerns and other affected sectors of the community. It is intended to protect property values, create a more attractive economic and business climate, and to enhance and protect the appearance of the community. It is further intended to facilitate special events by providing a framework to guide individuals wishing to hold such events, while at the same time ensuring that adequate municipal resources are available to provide required services to individuals attending such events.
(b) Special Events. For the purposes of this section, a special event shall consist of any event held within the City that includes one or more of the following Outdoor Entertainment activities:
(1) Outdoor live performances, musical or otherwise
(2) Outdoor presentations of video or filmed material shown on a temporary screen, except drive-in theaters
(3) Motorized races of trucks, motorcycles, boats, and the like.
(4) Non-Motorized races involving horses or other animals.
(c) Permits. A permit is required for all Special Events.
(1) Any person wishing to hold a Special Event must first apply for such a permit, said application being filed no less than twenty-one (21) calendar days prior to the scheduled date on which the event will take place.
(2) A separate permit must be issued for each different event. For example, if an applicant has a concert on the same date as a motorcycle race, he or she would require two permits - one for the race and one for the concert.
(3) Permits may be issued for Outdoor Entertainment scheduled on any property in the A-1, M-1 and M-2 zoning districts where a Special Use has already been applied for and approved. Permits may also be issued for Special Events exempted from Special Use approval under Section 1117.05(h)(6)
(4) Permits must be submitted, with the appropriate fee, to the Building and Zoning Administrator.
(5) Permits must be approved by the Police Chief, Fire Chief, City Manager, and Building & Zoning Administrator or their designees.
(6) A copy of the permit, with the appropriate approvals as set forth in this section, shall be kept on file at the location at which the special event is to be held, and must be produced upon the request of any city and/or law enforcement official. It is a violation of the provisions of this section to conduct a special event without a copy of the approved permit on file.
(d) Required Application Materials.
(1) No application shall be shall be complete unless it contains the following:
A. Name of the performer or performers, or a description of the event itself.
B. Name, address, and contact phone number of the applicant.
C. Name, address, and contact phone number of the property owner, if different from the applicant.
D. Name, address, and contact phone number of the concert promoter, if the event involves a live outdoor music performance or the like.
E. Name, address, and contact phone number of the sanctioning body or organization, if any, if the event involves racing in any form.
F. A copy of the safety rules and regulations mandated by the sanctioning body or organization, if the event involves racing in any form, or - if no sanctioning body exists for the event - a copy of the safety rules provided by the applicant to participants in the event.
G. Name, address, and contact phone number of an individual responsible for running the event itself, and who will be on-site during the event, who can be contacted in the event of any problems involving the event. If multiple individuals will fill this role during the course of the event, list all such individuals.
H. Date and time of the event, including start times, ending times, and times at which ticket holders or members of the general public may enter the venue.
I. A map of the property, with the following features clearly indicated:
1. Location of the event on the property, including areas set aside for performers (in the case of musical performances) and participants (in the case of racing events);
2. Seating location, or locations set aside for ticket holders or members of the general public to view the event, and including devices (such as bleachers or benches) provided for such seating, if any;
3. Driveways or other accessways provided for participants/performers, members of the general public attending the event, and emergency vehicles;
4. Available water and restroom facilities.
J. Signatures of the applicant or applicants, attesting to the accuracy of the information provided.
K. Fees, as specified in subsection (e) hereof.
L. Such additional information as is requested by the City which may include, but is not limited to, the following:
1. Available equipment that applicant will use to monitor noise levels calibrated in a manner approved by the City Engineer;
2. Demonstration that applicant is familiar with the provisions of Chapter 1313 - Community Noise - and has taken such steps as are reasonably appropriate to ensure that the Outdoor Entertainment being conducted at the Special Event does not violate any noise restriction for the City Zoning District in which the event is occurring or City Zoning District receiving such sound.
(2) Materials may be submitted in paper form or electronically.
(3) No permit shall be considered filed and complete until all of the elements listed in this section are provided.
(4) If an applicant submits an application for a special event, and then changes or alters the event, he is obligated to notify the city of such changes or alterations to the event.
(e) Fees.
(1) A fee of fifty dollars ($50.00) shall be charged for each Special Event Permit.
(2) Any permit issued for a Special Event shall be good for a period of four (4) consecutive calendar days. This four day period does not include time allotted before the event for setup, or after the event for cleanup.
(3) Alternatively, an applicant may pay one thousand dollars ($1,000) for all events within a single calendar year, provided that:
A, The applicant submits a schedule of events for the calendar year, indicating the type of event and the planned date for each event, and
B. The applicant submits an application and application materials for each such event no less than 21 days prior to that event, said application including all required materials except the fee.
(f) Events Without Permits.
(1) No Special Event, as described in this chapter, shall be held within the City of Moraine unless a permit is issued.
(2) If an applicant submits an application for a special event, and the event is to be held in fewer than 21 days, then the application will not be accepted. In such a circumstance, the applicant must reschedule or cancel the event.
(3) It is a violation of the provisions of this section to conduct a Special Event, as defined herein, in the absence of an approved permit.
(g) Penalty.
(1) Whosoever violates any provision of this chapter is guilty of a misdemeanor of the first degree, and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense if an individual, and shall be fined not more than five thousand dollars ($5,000) if an organization.
(2) Every violation shall be considered an individual offense subject to the full penalty provided in this section.
(3) The City Manager is hereby authorized to direct the operation of any Special Event found to be conducted in violation of the provisions of this chapter to cease and desist, and to cause any such special event in progress to be suspended, and to cause to disperse any individuals attending such an event.
(4) Individuals who commit a third offense within two (2) years of their first offense shall be unable to apply for a Special Event permit for six (6) months from the date of the third offense.
(Ord. 1809-11. Passed 8-25-11.)