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§ 91.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   APPLICANT. The person, group, organization or entity that applies for a special event permit, the permittee whose name shall appear on the permit issued pursuant to this subchapter and the responsible party for all special event activity approved by the issuance of the permit.
   APPLICATION FEE. The non-refundable amount charged by the county to help cover part of the administrative cost of processing the permit application through the county’s internal review process. It is separate from any other charges or costs which may be required by this chapter.
   COST RECOVERY. Administrative and departmental costs that include fixed costs, direct costs and indirect costs projected to be incurred by the county in conjunction with an event being held.
   COST RECOVERY PROGRAM. A fair and reasonable process developed to capture some or all of the administrative and departmental costs incurred by the county in conjunction with a special event.
   SPECIAL EVENT. Any organized gathering of people for any purpose for a limited period of time which is sponsored by a for-profit or non-profit individual, group, organization or entity and at which any two or more of the following shall apply:
      (1)   The event requires the use of the county courthouse; and/or
      (2)   The expenditure of county resources is contemplated or is deemed necessary by county personnel to maintain public health, safety and welfare;
      (3)   The event is expected to have a visual, noise or other environmental impact upon the immediate vicinity or surrounding area of the event.
(BC Ord. 2019-0041, passed 12-16-2019)
§ 91.03 PERMIT REQUIRED.
   (A)   It shall be unlawful for any person or entity to use the grounds of the county courthouse for a special event unless the special event has been permitted pursuant to this chapter.
   (B)   The permitting of a special event shall not relieve any person or entity of any other obligation imposed by the ordinances and regulations of the county or other applicable law.
   (C)   The Board of Commissioners is authorized to issue permits for special events proposed to occur upon the grounds of the county courthouse pursuant to the procedures established in this chapter. The Board of Commissioners is authorized to establish reasonable boundaries, to determine public health, safety, and welfare conditions, and to authorize the coordination of the issuance of a special event permit with other public agencies or departments including law enforcement, health department, EMS, and other entities. Each such entity shall review the application and submit advisory recommendations to the Board of Commissioners.
(BC Ord. 2019-0041, passed 12-16-2019) Penalty, see § 91.99
§ 91.04 DENIAL OF PERMIT OR ISSUANCE OF PERMIT WITH CONDITIONS.
   (A)   The Board of Commissioners’ decision to deny a special events permit shall be in writing with reasons stated for denial, and shall be communicated promptly to the applicant, either in person, by overnight delivery through a carrier that provides proof of delivery, or electronically. Electronic delivery shall also be accompanied by regular surface mail to be posted within 24 hours of electronic notice.
   (B)   The Board of Commissioners may deny a special event permit for any of the following reasons or for any other good cause:
      (1)   The applicant supplies false or misleading information; fails to complete the application or to provide other required documents;
      (2)   The applicant willfully fails to comply with a requirement or regulation of this chapter;
      (3)   The application is untimely;
      (4)   The applicant or event sponsor previously engaged in conduct or activity which resulted in jeopardizing public health, safety, or welfare. The conduct or activity resulting in the denial of the special event permit will be specified in the written response with supporting documentation;
      (5)   The proposed event is proximate to another special event previously permitted or scheduled such that the Board of Commissioners, after making reasonable efforts to accommodate both events, is unable to reasonably accommodate both events; or
      (6)   The proposed event would unreasonably disrupt the orderly or safe circulation of traffic so as to present an unreasonable risk of injury or damage to the public.
   (C)   The Board of Commissioners may issue a special event permit with conditions placed upon the event in the best interest of public health, safety or for other reasonable cause.
(BC Ord. 2019-0041, passed 12-16-2019)
§ 91.05 LIMITED EXCEPTION TO SPECIAL EVENT PERMIT REQUIREMENTS.
   The provisions of this chapter shall not be applied to regulate the use of traditional public forums as alternative channels of communication by the public, provided such use is the free exercise of constitutionality protected activities, does not disrupt or interfere with traffic on public streets, and does not require the use of any public services (such, as law enforcement, EMS and the like).
(BC Ord. 2019-0041, passed 12-16-2019)
§ 91.06 SPECIAL EVENT PERMIT REQUIREMENTS.
   (A)   Courthouse. The courthouse shall be closed to the public during special events. The courthouse shall not be available for use at any special event.
   (B)   County-owned properties. The following county-owned properties shall not be available for use for a special event:
      (1)   Probation Office;
      (2)   Health and Building Office;
      (3)   Armory;
      (4)   Extension Office;
      (5)   Community Corrections;
      (6)   All EMS buildings;
      (7)   911 Dispatch building;
      (8)   County jail;
      (9)   All county-owned storage buildings; and
      (10)   All highway buildings.
   (C)   Grounds. The grounds adjacent to county buildings may be made available for use at special events subject to provisions in this chapter. Users of the grounds must comply with the following minimum requirements:
      (1)   The grounds shall be protected from damage. The cost to repair the damage shall be paid by the user;
      (2)   Users shall participate with a county representative in a walk-through of the grounds before and after each event to inspect the conditions of the grounds. The post event walk-through must be conducted within 48 hours of the conclusion of the event;
      (3)   Sidewalks shall not be obstructed by booths, tents, displays or other items;
      (4)   No vehicles may be driven on or parked on the sidewalks, grass or planted areas;
      (5)   Plywood or similar material shall be placed as flooring in the work areas of all food vendor booths. Food vendor booths located in grassy or planted areas must protect these areas and will be responsible for any damage to the grounds in their assigned area;
      (6)   Staking of tents or booths is permitted on the grounds only if the stake is six inches or less in length;
      (7)   No smoking, illegal drug use or alcohol use is allowed on county grounds. Alcohol is not permitted on county grounds and consumption of alcohol on county grounds is prohibited;
      (8)   A user must leave the grounds clean, clear of debris and trash, and in good condition. Trash is to be bagged and removed from the grounds. Clean-up and removal of equipment must be completed immediately following the event;
      (9)   Users may not move or displace displays, permanent furniture or signage;
      (10)   Climbing or walking upon any statue, fixture, building or any structure not intended for such purpose is prohibited;
      (11)   Displays, signs, flags, banners, or decorations may not be attached or mounted to the county facilities;
      (12)   Displaying any sexually explicit materials as defined by I.C. 24-4-16.4-2 is prohibited. No vendor may sell or display any sexually explicit materials, items or images on the grounds of the county courthouse. Displaying any images of nudity as defined by I.C. 35-45-4-1 (d) in any format is prohibited. No vendor may sell or display any images of nudity on the grounds of the county courthouse.
   (D)   Conduct upon county grounds. The Board of Commissioners is committed to providing a respectful and welcoming atmosphere at all special events. Individuals of all backgrounds are welcome to special events in the county. Application for a special events permit indicates your agreement that your event and all your participants including vendors will not engage in behavior that demonstrates discrimination or harassment.
   (E)   Procedures and permit process.
      (1)   The applicant of the special event shall submit an application to the County Auditor, on forms provided by the county, not less than 30 days prior to the proposed special event and provide the following information:
         (a)   Detail and schedule of activities;
         (b)   Statement of community benefit;
         (c)   Anticipated daily attendance;
         (d)   Date and hours of each event, including set-up and dismantle;
         (e)   Admission criteria;
         (f)   Map of requested use locations overlaid with planned activities;
         (g)   Scope of requested and required public services;
         (h)   Compliance with all current permits for use of public spaces; and
         (I)   Transportation plan to address overflow and/or street parking impact.
      (2)   The applicant shall execute an indemnification agreement and release of liability agreement holding county harmless from any damages or liability incurred as a result of the special event.
      (3)   The applicant shall provide proof of liability insurance for the special event in the following amounts:
         (a)   Mandatory: general liability insurance, with a minimum combined single limit of $1,000,000 for each occurrence and $2,000,000 in the aggregate.
         (b)   Optional: worker’s compensation insurance in accordance with the statutory requirements of I.C. Title 22. Special events which employ workers for their events must present proof of worker’s compensation insurance.
         (c)   All insurance policies shall be issued by an insurance company authorized to issue such insurance in the state. The county, Board of Commissioners, and the officers, employees, and agents of each shall be named as an additional insured party under the general liability and worker’s compensation policies, and such policies shall stipulate that the insurance will operate as primary insurance and that no other insurance affected by the county will be called upon to contribute to a loss hereunder.
      (4)   At the time of filing of the application, a special event nonrefundable permit fee shall be paid to the county to defray costs. A refundable damage deposit and all additional fees, if applicable, for law enforcement, EMS, water, and electricity shall be submitted with the application.
      (5)   The special event permit fee shall be set by the Board of Commissioners. The nonrefundable permit fee shall be paid to the county General Fund.
(BC Ord. 2019-0041, passed 12-16-2019) Penalty, see § 91.99  
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