(A) Permit Required: It shall be unlawful for any person, persons, corporation, or organization, to conduct a public or private special event in City parks unless a special event permit has been obtained with the following exceptions:
1. Any event by the City of New Plymouth when acting within the scope of its functions, or an event sponsored in whole or in part by the City of New Plymouth.
2. Weddings, purely social parties, or similar family events, religious services, funerals and the like.
(B) Permit Application: Any person requesting a permit for the conduct of a "special event" shall apply for the permit on a form provided by the City with the City Clerk and shall pay in advance, a permit application fee established by resolution of the Council, which shall be non-refundable. In addition, such person shall be required to pay a refundable deposit to insure return of the park and facilities in the same condition as before the event and to provide liability insurance in an amount to be determined by the City based upon the nature of the "special event".
The application for such permit shall be filed with City Clerk not less than two (2) weeks prior to the first day upon which the event is intended to occur and shall be in such form and manner as provided by the City and will include the following information:
1. The name and contact information of the event organizer(s).
2. The name and address of the person, persons, corporations or associations sponsoring the activity.
3. The day and hours for which the permit is desired.
4. The park or portion thereof for which the permit is desired.
5. The specific designated uses that are requested requiring a permit.
6. Expected attendance and if event will be ticketed.
7. Detailed plan for trash collection and removal during and after the event.
8. Contingency plan detailing how emergency responders will be notified and event site modified if anticipated number of participants or attendees exceeds the estimated attendance number.
9. If alcohol sales will be part of the event, a detailed alcohol plan that addresses how applicant will avoid service of minors.
10. Any other information reasonably necessary for a determination as to whether a permit should be issued hereunder.
(C) Additional Permits Necessary: Additional permits or applications may be required for submission with a Special Event Application, including but not limited to: catering permit; alcohol beverage license; Sales Tax permit; and/or sign permit.
(D) Approval Standards And Conditions Of Permit Issuance: If the applicant meets the following criteria:
1. The conduct of the special event will not pose an unreasonable safety or traffic impact or impede in any substantial way public safety services or the distribution of those services in emergency response situations.
2. The conduct of the special event will not have a significant adverse environmental impact or in any substantial way constitute a disturbance of the peace of the community or unduly endanger the health, safety and welfare of the public.
3. Emergency services, such as sheriff, fire, and ambulance services are available to serve the event or can be accommodated for privately.
4. The conduct of the special event will comply with all standards imposed on it by all other applicable regulatory agencies and emergency service providers.
5. The event is in substantial conformance with all other relevant standards, codes, and ordinances applicable to the event.
6. The conduct of the special event will not substantially interrupt the safe and orderly movement of traffic contiguous to its venue.
7. The conduct of the special event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create an undue disturbance.
8. The special event is not for an unlawful purpose.
(E) Conditions Of Issuance:
1. Reasonable conditions may be imposed concerning the time, duration and place of such event; the area and manner of conducting such an event; the maximum number of participants or spectators; the regulation of traffic; reasonable sound levels; whether alcoholic beverages may be consumed, sold or permitted at the event site as otherwise authorized by law; a requirement to submit evidence of liability insurance and listing the City as an additional insured and such other requirements as the City may find reasonable and necessary for the protection of persons and property.
2. All permits issued pursuant to this chapter are nontransferable and expire at the completion of the given special event.
3. The applicant shall indemnify, defend and hold harmless the City, its officers, agents and employees from any and all demands, claims or liability of any nature caused by or arising out of or connected with the permitted special event.
(F) Fines, Fees: Any person, persons, or organization, hereafter referred to as organizer, orchestrating a special event must promptly reimburse the City for any and all damage of any kind to any public property of the City which may result from the special event on public property, and any organizer will not hold liable the City for or in account of any loss or damage to property owned by, or controlled by the organizer, or for or on account of any loss or damage sustained by the organizer as a result of injuries to the employees or agents of the organizer. (Ord. 390, 3-4-2019)