No person shall hold, conduct, or participate in a special event within the city unless a permit has been issued for the event upon timely written application made to the city.
(A) Application for permit. Each written application for a special event permit must be made at least 30 days in advance of the event’s proposed date in a form prescribed by the City Clerk. This application period shall not begin to run until a complete application has been filed with the city. A fee, as established by City Council resolution from time to time, shall be paid to the city along with the completed application form. In addition to the fee, the applicant shall pay all additional costs incurred by the city as a direct result of the special event. Failure to provide a complete application or to pay the fee, as herein required, is sufficient reason to deny the special event permit.
(B) Issuance of permit, conditions. Special event permits will be issued upon City Council approval. The Council may attach reasonable conditions to the permit as are deemed necessary to protect the health, safety, and welfare of the community and of event participants. The conditions may pertain to any of the following:
(1) Location and hours during which the event may be held;
(2) Sanitation/availability of potable water;
(3) Security/crowd management;
(4) Parking and traffic issues;
(5) Emergency and medical services;
(6) Clean-up of premises and surrounding area/trash disposal;
(7) Insurance;
(8) Lighting;
(9) Fire service/safety;
(10) Temporary construction, barricades/fencing;
(11) Removal of advertising/promotional materials;
(12) Noise levels;
(13) Alcohol consumption;
(14) Notification of residents or businesses; or
(15) Any other conditions which the Council deems necessary.
(C) Exceptions to the permit requirement. The permit requirement contained in this subchapter does not apply to the following:
(1) Special events sponsored and managed by the city;
(2) Funerals and funeral processions;
(3) Events on the grounds of any school, community center, museum, place of worship, conference center, stadium, athletic field, arena, auditorium, or similar place of assembly when used for regularly established assembly purposes;
(4) Events for which the city has issued a park user permit as provided by city ordinance; or
(5) Auctions ending before 8:00 p.m.
(D) Restriction on number of special events. No more than four amplified events shall be permitted at one location in any one calendar year. There shall be no limit on the number of non-amplified events.
(E) Noise restrictions for amplified special events. Special events shall comply with all applicable noise ordinances, except that amplified sound audible at the property line may be permitted until 11:59 p.m. on Friday and Saturday nights.
(F) Denial of application. A permit may be denied based upon a determination that:
(1) The event would endanger public health or safety;
(2) The event would unreasonably inconvenience the general public;
(3) The event would unreasonably infringe upon adjacent property owners’ rights;
(4) The event would conflict with another proximate event or interfere with construction or maintenance work;
(5) There are not sufficient safety personnel or other necessary staff to accommodate the event;
(6) The applicant has violated a condition of this subchapter or a special event permit issued to the applicant within the last 12 months;
(7) The property on which the event is to take place or the owners of the property on which the event is to take place is delinquent in the payment of property taxes, assessments, employment taxes, or other financial claims of the city and or other public agencies;
(8) The applicant has failed to present acceptable evidence of compliance with workers’ compensation insurance requirements, as applicable; or
(9) Other issues in the public interest were identified by the City Council.
(G) Indemnification and insurance.
(1) The permit holder shall agree to defend, indemnify, and hold the city and its officers and employees harmless from any liability, claim, damages, costs, judgments, or expenses, including attorney’s fees, resulting directly or indirectly from an act or omission including, without limitation, professional errors and omissions of event promoter, its agents, employees, arising out of or by any reason of the conduct of the activity authorized by the permit and against all loss caused in any way by reason of the failure of the event promoter to fully perform all obligations under this subchapter.
(2) As a condition of the granting of a permit for a special event conducted on public property or public streets or parking lots, the permit holder shall provide to the city a public liability insurance policy naming the city as an additional insured entity with limits of not less than $1,000,000 per occurrence.
(Ord. 119, passed 9-1-2009)