(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLOCK PARTY. A distinct event held by and for the residents of a specific neighborhood or group of neighborhoods for a period of one day or less.
CIVIC SPONSORED SPECIAL EVENT. Any event that would be held by civic organizations or like organizations.
EVENT SPONSOR. The person, party, or entity that organizes a special event and has applied for a special event permit under this chapter, or the person, party or entity designated as such on a special event permit.
SPECIAL EVENT. A temporary event or gathering, including a parade, using either private or public property, that draws an estimated number of participants and spectators exceeding 100 people present on any day of the event and that involves one or more of the following activities;
(a) Closing a public street, sidewalk, or public way;
(b) Blocking or obstructing streets, sidewalks, alleys, or other public places, public places in whole or part;
(c) Sale or distribution of food or beverages on street, sidewalks, alleys or other public places, public property or on private property where otherwise prohibited by ordinance;
(d) Erection or placement of a tent, utility pole, or other temporary structure on a street, sidewalk, alley, or other public place;
(e) Erection or placement of a stage, bandshell, trailer, van, portable building, grandstand, bleachers, or other apparatus used for the entertainment purposes on public property or on private property where otherwise prohibited by ordinance;
(f) Erection or placement of temporary signage, banners, displays of any kind in or over a public right-of- way or on private property where otherwise prohibited by ordinance; or
(g) Activity that requires for its successful execution the provision and coordination of municipal services to a degree significantly over and above that which the city routinely provides under ordinary circumstances.
(B) Special event permit; required.
(1) It shall be unlawful for a special event to be held without a special event permit having been obtained from the Neighborhood Development, Code Enforcement.
(2) The Code Enforcement Officer shall determine the date and outline the geographic boundaries of each special event.
(3) The Code Enforcement Officer may, at the request of the event sponsor, identify and outline separate clean zones with the special event zone to accommodate the specific requirements of that civic sponsored special event.
(C) Fees.
(1) The fee for a special event permit will be $50, however if the authorization of the special event is conditioned upon any city department equipment or personnel, then the fee shall be increased to cover those departments equipment and personnel cost. Any amount paid for the use of city equipment and/or personnel shall be deposited into the General Fund for the City of Rushville.
(2) A block party and any event that the city would hold shall be exempt from any fees in this chapter.
(D) Designation of civic sponsored events.
(1) Each year, the following events shall be designated as civic sponsored special events under this chapter;
(a) The St. Patrick's Day Parade and Festivities;
(b) The Wilkie Day Parade and Festivities;
(c) The 4th of July Parade and Festivities;
(d) The Rushville Farmer's Market;
(e) The Summer Concert Series at Riverside Park;
(f) The Christmas on Main Street Festivities; and
(g) Libations by the Levee.
(2) In the interest of retaining the ability to attract additional events to the city, the Mayor shall have the authority to designate additional events as civic sponsored special events at his or her discretion.
(E) Application.
(1) An application for a special events permit shall be filed at least 30 days prior to the start of the event. The application fee shall be submitted with the application. Applications for the special event permit shall include the following information:
(a) Proposed date of the special event;
(b) Proposed geographic location of the special event;
(c) The approximate number of persons attending the special event, including but not limited to vendors, attendees, and participants;
(d) Location and duration of any proposed street closures or obstructions;
(e) Location, if applicable, of provision or consumption of alcoholic beverages;
(f) Location, size, and description of any temporary structures;
(g) Location, size, and description of any signs, banners, or similar advertising or promotional material to be used on site;
(h) Location and duration of any entertainment that will be provided or present;
(i) Proposed sanitation plan, including but not limited to the provision of toilets and wash stations and plan to recycle or remove waste, trash, and litter, including but not limited to the use of the Department of Public Works or private resources.
(j) Proposed emergency safety plan, including but not limited to the number of certified police officers, fire protection, or medical personnel that will be present or contracted for;
(k) Proposed traffic management plan, including but not limited to the provision of personnel and location of proposed loading areas, barricades, secured areas, and parking areas; and
(l) Any other information requested by the Code Enforcement Officer.
(2) An application for a special event permit shall possess the attachments:
(a) Certificate of insurance in the amount of $100,000. It shall name the City of Rushville as an additional insurer.
(b) A site plan drawn that provides exiting streets, sidewalks, and building identified, showing the location of the proposed event as well as any potential events or vendors that will be present during the special event.
(c) Any other documentation requested by Code Enforcement Officer.
(F) Indemnification agreement. The applicant for a special events license and any other person on whose behalf the application is made, by filing such application, represents, stipulates, contracts, and agrees that he or she will jointly or severally indemnify and hold the city harmless against any liability for any and all claims for damage to property, or injury to, or death of, persons arising out of or resulting from the issuance of the permit or conduct of the special events or its participants.
(G) General and specific criteria for issuance of special events license as provided for within this chapter, from the consideration of the application and from such other information as may otherwise be obtained, provided he or she finds the following:
(1) Adequate traffic management will be provided for and that the special event will meet requirements of the Code Enforcement Officer and the Rushville Police Department for the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location.
(2) Upon consultation with the Rushville Police Department, that the special event will not require the diversion of police, fire, or medical resources so as to have an immediate and adverse effect on the welfare and safety of persons in the city.
(3) The concentration of persons, animals, or vehicles at the special event will not unduly interfere with the proper fire and police protection or emergency services to, area contiguous to the special event.
(4) The conduct of the special event is not reasonably likely to cause injury to persons or property.
(5) Adequate sanitation and other required health facilities will be made available in or adjacent to any public assembly areas.
(6) Adequate recycling or waste collection services will be provided in or adjacent to the special even area.
(H) Approval or denial of a special event license.
(1) The Code Enforcement Officer shall approve or deny the license application in writing within 15 calendar days from the date of application. Any special event application not approved or denied within this time period will be considered to have been denied by the Code Enforcement Officer.
(2) For a special event license application, failure to provide the city with a response to any requested information in a reasonable period, the Code Enforcement Officer may use discretion to deny the special events application. If requested information is provided, it shall extend the city period to reach a decision on a special event application by 15 calendar days.
(3) Upon notification to the special events license applicant in writing, the Code Enforcement Officer may request an extension to decide to approve or deny a license request. Such request shall identify the reason(s) for such extension and the date by which a decision will be made to approve or deny the special event license application.
(4) A special event application may be denied, or an existing special event application license may be suspended or revoked, if any of the following conditions are met:
(a) The applicant has made false representation in the application.
(b) The applicant fails to provide any item or information required by this chapter or by the Code Enforcement Officer.
(c) The proposed special event will substantially interfere with any other event, parade, city sponsored event, street or right-of-way closure, or special event for which a license has already been granted, or substantially interferes with the provision of public safety or other city services in support of such other previously scheduled event or events or will have an adverse impact upon residential or business access and traffic circulation in the area in which it is to be conducted.
(d) The special event application, including any required attachments and/or submissions, is not fully completed and executed.
(e) The applicant has not obtained, tendered, and/or maintained the required insurance certificate.
(f) The applicant is not legally competent to contract, either on behalf of himself or herself, or on behalf of a specific entity.
(g) The applicant, or other entity responsible for the special event, has on prior occasions damaged city property and has not paid in full for such damage, or have other outstanding and unpaid debts to the city.
(h) If the applicant is proposing the use of a public facility that the proposed use is inconsistent with the type of event being held.
(i) The special event's intended use or activity would present an unreasonable danger to the health and safety of the applicant, or other uses of a public facility, or city employees, or the public at large.
(j) The applicant, or other entity responsible for the special event have not complied with or cannot comply with applicable license requirements, ordinances, or regulations concerning the sale or offering of sale of any goods or services.
(k) The special event's intended use is prohibited by law, by the ordinance, or by any regulation of any city department or agency.
(l) The activities involved with the proposed special event will substantially interrupt the safe and orderly movement of public transportation, or other vehicular and pedestrian traffic in the designated special event area, or will cause irresolvable conflict with construction or development on public property or at a public facility where a special event is to be held, or will close streets or unreasonably restrict the number of traffic lanes during peak commuter hours on weekdays so as to cause unsafe conditions for the public, or the expected attendance at the event will exceed the lawful capacity of the public facility under the state and local fire code, or the parking available at the public facility will be inadequate to accommodate the expected attendance at the special event. The above conditions may be waived by the Code Enforcement Officer where the benefits of the proposed special event will outweigh the proposed negative effects.
(m) The proposed special event would create an unreasonable risk to the public safety and welfare, including in particular its effect on any surrounding property, businesses, and residents, or would conflict another special event.
(I) Enforcement and penalties.
(1) Violations; remedies.
(a) A person who violates any provision of the chapter shall be punishable by a fine in the amount of $25 for the first offense, $50 for second offense, $75 for third offense, $100 for the fourth offense and then any offense after the fourth would be $500 per offense. Upon order of a court of competent jurisdiction, inspectors from the Neighborhood Development or officers from the Rushville Police Department shall have the authority to seize and impound any and all tangible property related to non-licensed activity occurring during a civic sponsored event.
(b) Any person engaged in the selling or distributing of illegal, non-licensed, or unauthorized merchandise, regardless of whether said person has received a license under this chapter, shall be subject to the immediate impoundment of said merchandise. Any Indiana Law Enforcement Academy certified officer employed by the event sponsor for copyright and merchandising purposes shall be authorized to inspect the merchandise of licensed entities related to copyright infringement and trademark violation.
(c) It shall be the duty of the Rushville Police Department and the Code Enforcement Officer to enforce the provisions of this chapter. Both entities shall have the right to inspect the facilities, equipment, vehicle, or merchandise of any person or entity licensed under this chapter.
(J) Other powers. Nothing in this chapter shall act to limit or otherwise prohibit the Rushville Police Department from exercising its respective authority as provided in this Code or the Indiana Code.
(Ord. 2021-7, passed 5-4-2021)