§ 123.05 PERMIT REVIEW PROCESS.
   (A)   The City Council shall review the special event permit application and make a determination on whether to issue or deny the permit request.
   (B)   Permit conditions. The City Council may condition the issuance of a special event permit by imposing reasonable conditions concerning the time, place and manner of the special event. Such conditions are necessary to protect the safety, health, and welfare of persons and property. Such conditions may include, but are not limited to:
      (1)   Alternation 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 accommodation of pedestrian or vehicular traffic;
      (4)   Requirements for the use of traffic cones or barricades;
      (5)   Requirements for the use of city personnel and equipment;
      (6)   Requirements for the provision of first aid or sanitary facilities;
      (7)   Requirements for the use of event monitors and the providing of notice of the special event permit conditions to the event's participants;
      (8)   Requirements on the number and types of vehicles, animals or structures to be allowed at the special event and the inspection and approval of structures by the city for safety purposes;
      (9)   Compliance with animal protection ordinances and laws;
      (10)   Requirements for the use of garbage containers, portable toilets, and the cleanup and restoration of the property;
      (11)   Restrictions on the use of amplified sound and compliance with noise ordinances, regulations, and laws; and
      (12)   Restrictions on the sale or consumption of food and alcohol.
   (C)   Permit denial. The City Council may deny an application for a special event permit for any of the following reasons:
      (1)   The information contained in the application or supplemental information 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 pay the required fee or fails to sign the application;
      (4)   The applicant fails to agree to abide by or comply with all of the conditions and terms of the special event permit;
      (5)   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;
      (6)   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 so that allowing the special event would unreasonably deny law enforcement protection to the remainder of the city and its residents;
      (7)   The proposed special event violates the zoning ordinance;
      (8)   Another special event permit application has already been approved for the same time and place requested by the applicant or so close in time and place as to cause traffic congestion, or the city is unable to meet the needs to provide law enforcement and other city services for both special events;
      (9)   The location of the special event would cause undue hardship to adjacent businesses and residents;
      (10)   The location of the special event would substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way;
      (11)   The special event would endanger public safety and health;
      (12)   The applicant fails to comply with the insurance requirements;
      (13)   The special event would create or constitute a public nuisance; or
      (14)   The special event would cause significant damage to public property or facilities.
   (D)   The City Clerk/Treasurer shall provide written notification of a denial of the special event permit. Any applicant shall have the right to appeal the denial of a special event permit to the City Council. The appeal shall be filed within five days after the receipt of the denial to the City Clerk/Treasurer. The City Council shall act upon the appeal at the next scheduled meeting following the receipt of the notice of appeal.
(Ord. 018, fourth series, passed 3-20-2024)