CHAPTER 5
SPECIAL EVENTS

SECTION:

6-5-1: Definitions

6-5-2: Permit Required; Applicability

6-5-3: Application

6-5-4: Application Fees

6-5-5: City Services; Deposits And Reimbursements

6-5-6: Reserved

6-5-7: Indemnification, Reimbursement And Insurance

6-5-8: Grounds For Denial

6-5-9: Conditions Of Issuance

6-5-10: Nondiscrimination

6-5-11: Notice Of Denial Of Application

6-5-12: Alternative Permit

6-5-13: Appeal Procedure

6-5-14: Notice To City And Other Officials

6-5-15: Duties Of Permittee

6-5-16: Prohibitions

6-5-17: Public Conduct During Special Events

6-5-18: Special Event Signage

6-5-19: Revocation Of Permit

6-5-20: Waiver Of Requirements

6-5-21: Regulations For Public Property Adjacent To Event Routes

6-5-22: Penalties

6-5-1: DEFINITIONS:

As used in this chapter, the following terms shall have the designated meanings:

BASIC CITY SERVICES: Those city services determined in the sole discretion of the city to be provided, or otherwise made available to the general public, for:

   A.   The normal use, maintenance and operation of the city's streets, sidewalks, parks, and other facilities; and

   B.   The normal delivery of police, fire, emergency medical and other municipal services.

CHIEF OF POLICE: The chief of the police department of the city, or the chief's designee.

CITY EVENT: A special event that is organized and operated by the city, whether directly or by contract with a third party operator.

CITY SERVICES: The provision of city employees, equipment or services related to special events at a level that exceeds basic city services. City services may include such things as:

   A.   Posting of "no parking" signs and barricading;

   B.   Providing additional refuse drums, recycling drums, liners, street sweeping or refuse collection;

   C.   Providing electrical services and hookups, or other utilities;

   D.   Equipment usage, such as barricades, stages, lecterns, chairs, canopies, sound systems or extension cords;

   E.   Police services, such as traffic control, towing, or security;

   F.   Emergency medical services; or

   G.   Fire and building inspection services.

CLASS I SPECIAL EVENTS: Applications for special events that take place on city property and involve any of the following characteristics or activities:

   A.   The use of vehicles or other equipment other than sound producing devices;

   B.   The use or display of animals, fireworks, or pyrotechnic devices;

   C.   The provision of food or beverages, including the provision of any alcoholic beverage;

   D.   Games, sports and athletic events, dancing, live music or theatrical events, or other entertainment;

   E.   Stationing or erecting any building, stand, bandstand, stage, tower, tent, canopy, scaffold, sound stage, platform, rostrum, fencing or other structure, exclusive of lecterns, tables or chairs;

   F.   Use of mechanical rides;

   G.   Bringing, landing or causing to ascend or descend or alight any airplane, helicopter, flying machine, balloon, parachute or other apparatus for aviation; and

   H.   Filming of a media broadcast (other than for news purposes), motion picture, or still commercial photography.

CLASS II SPECIAL EVENTS: Special event applications not processed as a class I special event.

DEPARTMENT: The community and economic development department.

DIRECTOR: The director of the community and economic development department, or the director's duly authorized representative.

NEWS PURPOSES: Filming, videotaping, photographing or otherwise preserving for newspapers or television news broadcasting by reporters, photographers, or cameramen in the employ of a newspaper, news service, television station or similar entity, of news events concerning those persons, scenes or occurrences which are in the news and are of general public interest.

PARADE: Any march, demonstration, procession or motorcade consisting of persons, animals, or vehicles or a combination thereof upon the streets, sidewalks, parks or other public grounds within the city with an intent of attracting public attention that interferes with or has a tendency to interfere with the normal flow or regulation of traffic upon the streets, parks or other public grounds.

PERMIT: A permit as required by this chapter.

PUBLIC ASSEMBLY: Any meeting, demonstration, picket line, rally or gathering of twenty five (25) persons or more for a common purpose as a result of prior planning that interferes with or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic, or occupies any public area in a place open to the general public.

SIDEWALK: Any area or way set aside or open to the general public for purposes of pedestrian traffic, whether or not it is paved.

SPECIAL EVENT: Any organized activity or assemblage described below:

   A.   The temporary use of public property, including, but not limited to, streets, sidewalks, parks, and outdoor recreation and community facilities for the purpose of conducting an event which significantly impacts or substantially restricts the public's normal, typical, or customary use, level of use, or ability to use such property, except for those events limited to city facilities designated and designed to be available on a reservation basis, in accordance with rules and regulations adopted pursuant to section 6-1-1 of this title, and subject to a facility use agreement. Special events shall include, but are not limited to:

Circuses And Carnivals: Provision of games, food, beverages, live entertainment, exhibitions, or similar activities in tents or other temporary structures.

Commercial Filming: Filming of a media broadcast (other than for news purposes), motion picture, or still commercial photography.

Concerts: Live music or theatrical events.

Open Air Fairs: Provision of exhibits, displays, entertainment, games as well as sales of merchandise, food and beverages not requiring the use of roofed structures.

Parades: Temporary use of a street or other public property for the purpose of a parade.

Public Assemblies: The temporary use of the streets, parks or other public grounds within the city for the conduct of a public assembly.

Sport And Athletic Events: Organized sports or athletic contests involving more than twenty (20) participants that impact the normal use of public property.

   B.   The temporary use of private property not otherwise prohibited by the city that imposes a significant burden on the normal use of adjoining public property or that requires a special allocation of traffic control, police, or other city services.

STREET: Any place or way set aside or open to the general public for purposes of vehicular traffic, including any berm, shoulder, parkway, right of way, or median strip.

(Ord. 2007-21, 5-22-2007)

6-5-2: PERMIT REQUIRED; APPLICABILITY:

   A.   No person shall organize, produce, direct, conduct, manage, institute or carry on any special event without having obtained a permit from the city pursuant to the provisions of this chapter.

   B.   No permit shall be required under this chapter for any city event directly organized and operated by the city. Special events operated by a third party under an agreement with the city require the issuance of a permit; however, fees and costs for city services shall be governed by the terms of the agreement.

(Ord. 2007-21, 5-22-2007)

6-5-3: APPLICATION:

   A.   Filing: A person seeking a special event permit shall file an application with the department on forms provided by the department. The application shall be filed:

      1.   Not less than thirty (30) and not more than two hundred seventy (270) days before the activity is proposed to commence for a class I special event.

      2.   Not less than ten (10) and not more than two hundred seventy (270) days before the activity is proposed to commence for a class II special event.

   B.   Waiver; Minimum Filing Period: The director may waive the minimum filing period and accept an application filed within a shorter period if, after due consideration of the date, time, place, and nature of the special event, the anticipated number of participants, and the minimal city services required in connection with the event, the director determines that the waiver will not present a hazard to public safety.

   C.   Contents: The application for a special event permit shall contain the following:

      1.   The name, address, telephone number, facsimile number and e-mail address of the person conducting the event, which person is authorized to receive all notices from the city, unless another person is indicated by the applicant.

      2.   If the event is proposed to be conducted for, on behalf of, or by an organization, the name, address, telephone number, facsimile number and e-mail address of the organization and of the authorized and responsible heads of such organization.

      3.   The name, address, telephone number, facsimile number and e-mail address of the person who will be directly in charge of and responsible for the event.

      4.   The type of special event, including a description of activities planned during the event.

      5.   The proposed day and hour of the event, including the starting time and termination time.

      6.   Proposed location of the event.

      7.   A reasonable and good faith approximation of the number of persons expected to participate in the event.

      8.   A description of any vehicles, equipment or other apparatus to be used in connection with the event.

      9.   A description of any sound amplification equipment, including the number and the proposed amplifying range and decibel level.

      10.   A description of any banners, signs, or other attention getting devices proposed to be used in connection with the event.

      11.   Type of goods, wares, merchandise, food, or beverages to be sold or otherwise provided to persons at the event.

      12.   The name and address of any vendors who will be participating in the event.

      13.   The amount of any spectator, participant, entry or other fee, if any, to be charged in connection with the event.

      14.   A description of any city services or city facility proposed to be utilized.

      15.   If the event is or includes a parade:

         a.   The proposed route to be traveled, including the starting point and the termination point.

         b.   The approximate number of persons who and animals and vehicles which will constitute the parade, the type of animals, and description of the vehicles.

         c.   The proposed time when the parade will start and terminate.

         d.   A statement as to whether the parade is intended to occupy all or only a portion of the width of the streets proposed to be traversed.

         e.   The proposed location by streets of any assembly areas for such parade.

         f.   The proposed time at which units of the parade will begin to assemble at the assembly area.

         g.   The interval of space to be maintained between units of the parade.

      16.   If the event involves commercial filming, a report on discussions with property owners or occupants in the affected neighborhoods. The applicant shall provide a short written description of and schedule for the proposed production to the owners and occupants in the affected neighborhoods (as defined by boundaries set by the department). The applicant shall talk with owners and occupants of all such property and submit as part of the application a report noting any owner's or occupant's reaction along with the addresses and phone numbers of all such property owners and occupants.

      17.   If the event is designed to be held by and on behalf of or for any person other than the applicant, the applicant for such permit shall file with the department a communication in writing from that person authorizing the applicant to apply for the permit on his or her behalf.

      18.   Any additional information that the director finds reasonably necessary to a fair determination as to whether a permit should issue.

   D.   Facilities Subject To Reservation: If the application proposes the use of any city facility designated and designed to be available on a reservation basis and subject to a facility use agreement, the applicant shall also be responsible to comply with all rules and regulations applicable to the reservation and use of such facility, and pay all applicable fees and deposits prior to the issuance of the special event permit.

(Ord. 2007-21, 5-22-2007)

6-5-4: APPLICATION FEES:

Application and processing fees, as determined in title 4, chapter 6 of this code, shall be paid to the city by the applicant when the application is filed with the department in order to cover the administrative costs of processing the permit application.

(Ord. 2007-21, 5-22-2007)