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HomeMy WebLinkAboutOrdinance 1931ORDINANCE NO. I Q 31 AN ORDINANCE ADDING CHAPTER 5.42 TO THE CENTRAL POINT MUNICIPAL CODE FOR THE PURPOSE OF REQUIRING PERMITS FOR SPECIAL EVENTS The people of the City of Central Point do ordain as follows: Section 1. The following chapter and sections are added to the Central Point Municipal Code: Chapter 5.42 SPECIAL EVENT PERMITS Sections. 5.42.010 Definitions 5.42.020 License Required 5.42.030 License Application and Fee 5.42.040 Review, Cost Analysis, Insurance and Issuance of License 5.42.050 Standards for Denial of License 5.42.060 Save Harmless Agreement 5.42.070 Limitation of Liability 5.42.080 Public Announcements Required 5.42.090 Security, Sanitation and Clean-up 5.42.100 Revocation of Special Event License 5.42.110 Appeal Procedure 5.42.120 Community Events/ Extraordinary Charges Waivers 5.42.010 Definitions. "Administrator" means the City Administrator or the Administrator's designee. "Neighborhood Block Party" means a special event involving the closure of no more than one block of a public local street and a gathering of at least 20 people, with a maximum of 150 people. If more than 150 people are anticipated to attend a special event permit shall be obtained. A block party permit shall be required which shall be issued in accordance with Section 5.42.130. "Special Event" means any activity that occurs upon private or public property and that will affect the ordinary use of public property, public streets, rights-of- way or sidewalks, or will require the City to incur extraordinary costs for personnel, materials, and service. An activity will be considered to affect the ordinary use of public property, public streets, rights-of-way or sidewalks if it will generate impacts greater than the impacts generated from the normal and customary use of such property, parks, streets, rights-of-way or sidewalks. Impacts may include such things as an increased volume of vehicular or pedestrian traffic, trash, noise and refuse and as a result may generate the need for traffic control, security, trash disposal, sanitation, sewage disposal, fire Page 1 Ordinance No. /,9,2)/ (10/08/2009) protection or other services. A special event includes, but is not limited to, fairs, art shows, hobby shows, flea markets, and educational or cultural events, festivals, and block parties. Demonstrations and other lawful assemblies, including but not limited to private social gatherings, birthday parties or any other lawful gathering of people, that will make no use of City streets or rights-of-way other than for lawful parking, are not included and shall not be required to obtain a permit. 5.42.020 License Required. A. No person shall establish, maintain or operate a special event within the City unless a license for the event is obtained from the City. Every place or building where a special event is held, whether for hire or not, shall be deemed a special event subject to the provisions of this chapter. Each licensee shall meet the standards set forth in this chapter and Code Section 5.04.095. B. If the special event is to include a parade, then a parade permit shall also be obtained in accordance with Code Section 10.04.220. C. The City may require other licenses or permits if the special event will include other activities requiring permits or licenses under the applicable sections of the Code. The sponsoring organization shall be responsible for compliance with any federal, state, or local laws or regulations including, without limitation, those that pertain to public health and safety. D. The granting of a special event license shall not relieve any person of the responsibility to satisfy all code requirements regarding the manner in which the special event is conducted. E. Existing special events and events organized or sponsored by the City of Central Point, shall have the first choice of public facilities and for scheduling of the days of the event. F. If more than one application has been made for a special event at the same location at the same time, the applicant who has submitted their application first shall have the first right to use the facility. 5.42.030 License Application and Fee. A. An application for a special event license shall be submitted to the Administrator, or his/her designee, on a form supplied by the City. The application shall be submitted not less than 30 days prior to the proposed event. The City may accept applications less than 30 days prior to the event (at the sole discretion of the City) upon good cause shown. If the City accepts an application less than 30 days before the scheduled event, the applicant waives all time periods and appeal rights referenced in this chapter. Applicants may file an application as early as eighteen months in advance Page 2 Ordinance No. I g3t _ (10/08/2009) of the date desired by the applicant B. Each application submitted shall be evaluated on its own merits, and there shall be no presumption that special events occurring annually or otherwise periodically will qualify for a subsequent special event license, except as may otherwise be authorized by Section 5.42.030.H. C. The application shall be completed in its entirety by the applicant prior to any review of it. Additional information may be required by the City. D. If the sponsoring organization is a tax exempt organization under Section 501 of the Internal Revenue Code, no special event license fee shall be required unless one or more temporary booths, stalls or vendors participating in the special event is a business as defined in Section 5.04.010 of the Code. A sponsoring organization under this subsection D shall be responsible for any extraordinary personnel materials and service charges determined in accordance with Section 5.42.040. E. The sponsoring organization may request as part of its application that it be granted an exclusive right to designate vendors or concessionaires who may operate within the defined venue of the special event. F. The license fee shall be determined by resolution. G. Any facilities or structures to be constructed or erected in conjunction with the special event shall comply with all applicable federal, state or local laws, regulations, codes and ordinances. H. Nothing contained in this section shall limit the authority of the Council to enter into multi-year contract with tax exempt organizations to conduct a special event, subject to the terms and conditions of any such contract. 5.42.035 Extraordinary Personnel, Materials and Services Charge. The sponsoring organizations shall be responsible to the City of the sum total of the costs related to the management by the City of the special event that is in excess of the ordinary management costs of the City for the ordinary and usual use of public property, parks, public streets, rights-of-way and sidewalks. The extraordinary personnel, materials and services charge does not include the nonrefundable application fee, The extraordinary personnel, materials and services charge shall be calculated pursuant to the procedures described in Section 5.42.040. 5.42,040 Review, Cost Analysis, Insurance and Issuance of License. A. upon receipt of an application, the Administrator shall route copies of the completed application to the following departments for review, comment and any proposed conditions: Administration, Finance, Community Development, Parks and Recreation, Police and Public Works, Page 3 Ordinance No./ q3/ (10/08/2009) B. The Administrator shall review the application for evidence of sufficient insurance, if needed for the event, and shall require additional insurance for the proposed special event as the Administrator determines is reasonable and necessary. Any such insurance shall name the City as an additional insured. The insurance requirement shall be set by the Administrator during the application review process. C. If alcoholic beverages will be available at other than regularly licensed and permanently located establishments, the applicant shall be required to obtain required federal, state, or local permits or licenses and additional insurance to that otherwise required, and in an amount to be determined and set by the Administrator during the application review process. D. Each department shall determine the departmental activity, if any, required for the special event and shall itemize the projected extraordinary expenses that the City will incur for the departmental activity that is in addition to the expenses incurred for the management of the ordinary and usual uses of public property, public streets, rights-of- way or sidewalks. The itemized extraordinary expenses shall include but not be limited to the expenses incurred in connection with providing traffic control, security service, signage, on-call first aid, street cleaning, litter pick up, adequate sanitation maintenance or personnel services. Costs shall only reflect those activities related to management of extraordinary use of the public property, public streets, rights-of-way or sidewalks. The extraordinary personnel, materials and services charge shall be the sum of each department's costs. E. The review and cost analysis estimate shall be completed within 30 days of the receipt of a completed application by the Administrator. A written notice of this estimate shall be provided to the applicant. F. Unless additional conditions need to be satisfied or the application is denied, the written notice to the applicant shall include a notice of the estimated amount of the calculated extraordinary personnel, materials and services charge. This amount shall be deposited with the City prior to the issuance of a special events license. G. Within 10 days of the conclusion of the event, the City shall mail the actual personnel, materials and services charge by certified mail to the applicant. All extraordinary personnel, materials and services shall be paid by the applicant within 30 days following the event. To the extent that the amount deposited by the applicant exceeds the actual charges, any excess shall be refunded to the applicant within 30 days following the event. H. All special event permits shall be temporary and do not vest any permanent rights. Each special event permit shall indicate the period of time for which the permit is valid. 5.42.050 Standards for Denial of License. Page 4 Ordinance No. 9 3/ (10/08/2009) A. Reasons for denial of a special event permit include: 1. The event alone or as a result of any other special event(s) scheduled on the same date or time will disrupt traffic within the City beyond practical solution; 2. The event alone or as a result of any other special event(s) scheduled on the same date or time will interfere with access to fire stations or fire hydrants; 3. The event alone or as a result of any other special event(s) scheduled on the same date or time will cause undue hardship to adjacent businesses, public buildings or residences; 4. The event alone or as a result of any other special event(s) scheduled on the same date or time will require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the City; 5. The application contains incomplete or false information; 6. The applicant fails to comply with all terms of this chapter including but not limited to failure to satisfy additional conditions established during the departmental review process, failure to remit all fees, or failure to provide proof of insurance, and a save harmless agreement to the City, failure to obtain and provide to the City copies of required federal, state or county permits; or 7. The applicant fails to pay the extraordinary personnel, materials and services charge for a prior special event. B. If a license is denied, the Administrator shall notify the applicant of the denial by certified mail that contains a summary of the appeal procedures found in this chapter. C. The City shall approve or deny a license within 60 days of receipt by the City of a completed application. Failure to approve or deny a license within 60 days shall be deemed to be approval of the application. 5.42.060 Save Harmless Agreement Every applicant shall be required to provide a save and hold harmless agreement on a form supplied by the City in which the applicant agrees to defend, pay, save and hold harmless the City, its officers and employees, from any and all claims or lawsuits for personal injury or property damage arising from or in any way connected to the special event, except any claims arising solely out of the negligent acts of the City, its officers and employees. 5.42.070 Limitation of Liability. This chapter shall not be construed as imposing upon the City or its officials or employees any liability or responsibility for any injury or damage to any person in any way connected to the use for which the permit has been issued. The City and its officials and employees shall not be deemed to have assumed any liability responsibility by reasons of inspections performed the issuance of any permit, or the approval of any use of the right-of-way. 5.42.080 Public Announcements Required. The Administrator may require the applicant to specifically notify and inform private property and business owners who might be inconvenienced or affected by the special event. The Administrator may also Page 5 Ordinance No. 1431 (10/08/2009) require the applicant to publish announcements of the special event prior to the event. All costs associated with informing and announcing the special event shall be paid by the applicant. 5.42.090 Security, Sanitation and Clean-up. A special event license may be issued only after the applicant has demonstrated that adequate security, first aid, sanitation and waste disposal facilities have been identified and obtained by the applicant. The applicant shall clean the right-of-way of rubbish and debris, returning it to its previous pre -event condition, within 24 hours of the conclusion of the event. If the applicant fails to clean up the refuse, the clean up shall be arranged by the City and the costs charged to the applicant. The costs shall be in addition to the amount of the extraordinary personnel, materials and services charge. 5.42.100 Revocation of Special Event License. A. The Administrator may revoke a special event license at any time after the special event license has been issued. Reasons for revocation of a special event license include, but are not limited to, the following: the special event will or may create an undue hazard or public safety hazard; the application contained incomplete or false information; the applicant does not comply with all terms and conditions of the license; the applicant fails to arrange for or adequately remit all fees, extraordinary personnel, materials and services charge, deposits, insurance or bonds to the City; or a disaster, public calamity, riot or other emergency exists. B. There shall be no appeal of any revocation made during the special event. 5.42.110 Appeal Procedure. Any applicant whose special event license application has been denied or revoked prior to the special event may appeal the decision to the Council by filing a written notice of appeal. The Council shall set a hearing date within 21 days of receiving the appeal request. At the hearing, the applicant may be heard and present evidence in his or her behalf. The Council shall determine whether the denial or revocation of the permit shall be upheld. 5.42.120 Community Events/ Extraordinary Charges Waivers. A. Any applicant who believes that the special event is a community event that will significantly contribute to and benefit the Central Point community or are indigent applicants or applicants from nonprofit entities that qualify for tax exemption under Section 501 of the Internal Revenue Code may appeal to the Council for a partial or total waiver of the extraordinary personnel, materials and services charge. The applicant shall appeal to the Council, in writing, within 10 business days of being notified pursuant to Section 5.42.040 of the determination of the calculated extraordinary personnel, materials and services charge. If the Council determines that the occurrence of the special event will significantly and substantially benefit the Central Point community, the Council may waive all or part of the extraordinary personnel, materials and services charge. Page 6 Ordinance No. / Q 3 (10/08/2009) B. The Council shall apply the following considerations in making the determination to waive the charge: 1. Will the special event significantly and substantially benefit the Central Point community? 2. Has the applicant signed an oath of indigence? 3. Has the applicant signed an oath that the applicant qualifies for tax exemption under Section 501 of the Internal Revenue Code? C. The decision of the Council is final and binding on the applicant. The failure of the Council to grant or deny an appeal under this section within 21 days following the date on which an applicant submits its written appeal shall be deemed to be a denial of the waiver request. There shall be no right to appeal the decision; provided, however, nothing in this section shall preclude a license from being denied or revoked despite a decision to reduce or waive the extraordinary personnel, materials and services charge. 5.42.130 Neighborhood Block Parties. A. Permit Required. Persons interested in hosting a Neighborhood Block Party must submit an application for a permit either in the form of a petition or application. The application must be submitted to the Administrator at least 30 days prior to the proposed date of the block party. There shall be no fee for the block party application or permit. B. The application shall contain the following information: 1. Identify the name and address of all applicants; 2. State the purpose of the event; 3. Identify the number of participants expected to attend; 4. Describe what rest room facilities will be provided; 5. Identify the portion of the local street which is proposed to be closed. A map showing the location of barricades, any stage, or any other objects or structures to be placed in the street shall be provided; 6. Identify the date and hours during which the block party will be conducted; 7. Provide written consents to the block party from at least 75 percent of all residents living along the portion of the street to be closed; 8. Indicate whether any sound amplification will be utilized, and if so, indicate the means by which applicants will control volumes to minimize interference and disturbance of nearby residents. C. Rules Applicable to Neighborhood Block Parties. 1. No block party shall commence prior to 10:00 a.m. or continue past 11:00 p.m. on any day. 2. No sound amplification shall be permitted after 10:00 p.m.; 3. No block party may be held within 500 feet of any school, church, hospital, nursing home or similar operation unless endorsed by the management of such institution; Page 7 Ordinance No. (10/08/2009) 4. Public rights-of-way will be cleaned and left free of litter and debris; 5. Residents consenting to the occurrence of the block party shall by their consent agree to indemnify and hold harmless the City, its officers, and employees from any and all liability or obligation, claims, lawsuits of any kind or nature whatsoever, for personal injury or property damage related to or arising in any way from the block party or related activities; 6. The issuance of a block party permit shall not be construed to permit or condone the consumption of alcoholic beverages on public property; 7. Public rights-of-way must remain accessible to emergency vehicles; 8. All Code provisions shall apply to the block party, including, without limitation, those that pertain to noise; The failure to comply with any of these rules shall constitute adequate grounds upon which future applications for a permit may be denied. D. Permit Approval/Denial. The Administrator shall approve or deny the block party request no later than 7 days prior to the date of the block party as set forth in the application. Any denial shall state the reasons therefore. The decision of the Administrator shall be final with no appeal available. Section 2: This ordinance shall be effective 30 days after its passage by the City Council and signature of the Mayor. PASSED by the City Council and signed by me in authentication of its passage this QQ day of bcA h -x— 2009. oe Mayor Hank Williams Approved by me this dd day of L,2r-I -Diary , 2009. Mayor Hank Williams I RV Page 8 Ordinance No. (10/08/2009)