(A) Review. The City Administrator/Clerk-Treasurer shall review the special event permit application and make a determination on whether to issue the permit or deny it.
(B) Denial. The City Administrator/Clerk-Treasurer may deny an application for a special event permit if it is determined from a consideration of the application or other pertinent information, that:
(1) The information contained in the application or supplemental information requested from the applicant is false or non-existent in any material detail;
(2) The applicant fails to supplement the application after having been notified by the city of additional information or documents needed;
(3) The applicant fails to agree to abide or comply with all of the conditions and terms of the special event permit;
(4) The time, route, hours, location or size of the special event will unnecessarily disrupt the movement of other traffic within the area of the special event;
(5) The special event is of the size or nature that requires the diversion of too many law enforcement officers to properly police the event, site and contiguous areas that allowing the special event would unreasonably deny law enforcement protection to the remainder of the city and its residents;
(6) Another special event permit application has already been approved to hold another special event at the same time and place requested by the applicant or so close in time and place as to cause undue traffic congestion, or the city is unable to meet the needs to provide for law enforcement and other city services for both special events;
(7) The location of the special event would cause undue hardship for adjacent businesses or residents;
(8) The location of the special event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way;
(9) The special event would endanger public safety or health;
(10) The special event would seriously inconvenience the general public’s use of public property, services or facilities;
(11) The applicant fails to comply with the liability insurance requirements or the applicant’s insurance lapses or is canceled;
(12) The special event would create or constitute a public nuisance;
(13) The special event would be likely to cause significant damage to public property or facilities; or
(14) The special event would engage in or encourage participants to engage in illegal acts.
(C) Right of appeal. If the special event permit application has been denied by the City Administrator/Clerk-Treasurer, the applicant may appeal the decision to the City Council. The applicant must provide the City Administrator/Clerk-Treasurer with written notice of appeal within five business days of the date of denial.
(D) Permit conditions. The City Administrator/Clerk-Treasurer may condition the issuance of a special event permit by imposing reasonable conditions concerning the time, place and manner of the special event, and such conditions are necessary to protect the safety of persons and property, and the control of traffic; provided that, the conditions shall not unreasonably restrict the right of free speech. The conditions may include, but are not limited to:
(1) Alteration of the date(s), time(s), route or location of the special event proposed;
(2) Elimination of an activity at the special event which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability to the city;
(3) Requirements concerning the area of assembly and disbanding of a parade or other events occurring along a route;
(4) Requirements concerning the accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of the street or right-of-way;
(5) Requirements for the use of traffic cones or barricades;
(6) Requirements for the use of city personnel and equipment;
(7) Requirements for the provision of first aid or sanitary facilities at the special event;
(8) Requirements for the use of special event monitors and providing notice of the special permit conditions to the events’ participants;
(9) Requirements on the number and type of vehicles, animals or structures to be allowed at the special event and the inspection and approval of floats, structures and decorated vehicles by the city for safety purposes;
(10) Compliance with animal protection ordinances and laws;
(11) Requirements for the use of garbage containers and the cleanup and restoration of any public property;
(12) Restrictions on the use of amplified sound and compliance with noise ordinances, regulations and laws;
(13) Requirements to provide notice of the special event to surrounding property owners and law enforcement; and
(14) Restrictions on the sale or consumption of food and alcohol.
(Prior Code, § 960.11) (Ord. 2007-10, passed 7-2-2007; Ord. 2014-01, passed 2-15-2014; 20190717-01, passed 7-17-2019)