(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