An applicant for a permit under this chapter must file an application in writing. The city recorder shall provide the application form and establish written procedures and submittal requirements necessary to process the application in accordance with this chapter. The application will be reviewed to determine compliance with the following standards and limitations:
A. Transient Merchant Permit:
1. Transient merchants shall not be permitted in R-1, R-2, R-3, R-4 or R-5 zones, except for the rodeo grounds. Written permission of the property owner for the proposed use shall be required. No encroachment upon city rights of way shall be permitted.
2. Each permit shall be issued for a single fixed location, and no transient merchant shall change location, except upon a permit renewal.
3. No transient merchant who is a food vendor shall be permitted to provide tables or seating for the use of patrons. A table for condiments will be allowed.
B. Special Event Permit:
1. Special events shall not be permitted in the R-1, R-2, R-3, R-4 or R-5 zones, except for the rodeo grounds. Written permission of the property owner for the proposed use shall be required.
2. A special event permit is issued to the sponsor of the special event.
3. A permit shall be limited to the duration of the special event, not to exceed eleven (11) days.
4. The application must be submitted thirty (30) days prior to the first day of the special event. An application submitted after the deadline will be considered if accompanied by a late fee and submitted no later than fourteen (14) business days prior to the first day of the special event. If the thirtieth day falls on a day when the city administrative offices are closed, the application will be considered if it is received by the city on the next business day.
5. The chief of police shall have the authority and discretion to set general policy for sounds levels, security, and safety for special events and to determine the specific sounds levels, security, and safety requirements for an individual special event.
6. All Oregon liquor control commission (OLCC) license applications for special events must be approved by the city council.
C. Permit Compliance: All permits shall also comply with the following:
1. All permits must comply with all applicable state and local laws, including, but not limited to, regulations and standards imposed or enforced by this code.
2. All waste shall be disposed of in compliance with all city, county and state standards, and may not be poured into sewer or storm drains or onto the ground. Adequate trash receptacles must be provided in accordance with the terms of the permit.
3. No use will be permitted:
a. Within the required landscape or setback area of the property;
b. That blocks vision at street intersections;
c. That blocks a crosswalk or otherwise impedes the flow of pedestrian traffic;
d. That blocks entrances or exits from buildings;
e. That blocks a driveway or otherwise impedes the flow of vehicular traffic;
f. Within eleven feet (11') of any disabled parking space or access ramp;
g. Within fifty feet (50') of any entrance or driveway to a healthcare facility with an emergency or urgent care facility, school, or police or fire;
h. Within any service drive of a parking lot; or
i. In a location that conflicts with any fire or safety code regulation.
4. The city manager may impose conditions of approval of the permit that are necessary to comply with the requirements of the permit and this chapter. In determining whether to grant or deny a permit, or in setting any conditions of approval, the city manager shall consider:
a. The need to maintain the free flow of pedestrian and vehicular traffic on streets, sidewalks and areas open to the public;
b. Criminal history of the applicant or event sponsor;
c. Any documented history of problems with an applicant or event previously held;
d. Suitability of the premises for the type of activity applied for; and
e. Compliance with all applicable local and state laws, ordinances and regulations, and the standards set forth in this section.
5. The conditions applicable to a permit may include the right of the city to inspect the premises. If the permittee fails, within the specified time, or if no time is specified, a reasonable time to remedy any noncomplying practice or defective condition identified as a result of any inspection, the permit shall be revoked, without refund.
6. The fire chief shall have the authority and discretion to set general policy for fire safety, including inspections, and to determine the specific fire safety requirements and require a fire safety inspection for any individual transient merchant or special event. Whenever, in the opinion of the fire marshal, it is necessary for public safety at a special event, the fire marshal may require the special event permittee to contract with the city for standby fire watch through the city fire department.
7. The permittee shall be responsible for paying the city fee for such coverage and the permittee shall execute a contract for the services as a condition to receiving the special event permit.
8. The building inspector (Inspections, Inc.) shall have the authority and discretion to require structural inspections for any temporary structure.
9. All permits for use of city owned property, including rights of way, shall be required to furnish evidence of liability insurance providing primary coverage in an amount that is not less than the city's tort liability limits established by the Oregon legislature naming the city as an additional insured. The liability insurance shall apply to, and provide coverage for, any and all claims for, bodily injury and property damage arising from or caused by the use for which the permit is granted and shall be primary coverage. In lieu of meeting the insurance requirements of this section, any governmental entity may enter into an agreement with the city to indemnify and hold the city harmless in the event of any damage or injury resulting from the use.
10. All permits shall include a condition of approval requiring the permittee to reimburse the city the costs incurred by the police department and fire department in responding to the special event or transient merchant's operation. Payment must be made to the city within thirty (30) days of the date of the city's invoice. In any action to collect unpaid balances, the city is entitled to collect its cost and attorney fees. (Ord. 631-11, 8-9-2011)