CHAPTER 8-12
SPECIAL EVENTS
SECTIONS:
8-12-001-0001 DEFINITIONS
8-12-001-0002 SPECIAL EVENT PERMIT
8-12-001-0003 SPECIAL EVENT APPLICATION PACKET
8-12-001-0004 NOISE REGULATIONS
8-12-001-0005 PERMIT FEES AND DEPOSITS
8-12-001-0006 PROHIBITIONS
8-12-001-0001 DEFINITIONS
In this chapter:
CITY PROPERTY means all land, facilities, parks, streets, sidewalks, and parking lots owned, leased, or controlled by the City of Flagstaff.
FESTIVAL means a concert, fair, art show, community event, ceremony, carnival, observance, or other similar event.
PARADE means a march, procession, or other similar activity consisting of persons, animals, vehicles, or things, or any combination thereof, that disrupts the normal flow of traffic upon any public street. A funeral procession is not a parade.
PERSON means any person, firm, partnership, association, corporation, company or organization of any kind, public or private.
SPECIAL EVENT means an outdoor festival or parade taking place on City property, or any other outdoor event taking place on City property, that may require for its successful execution City services over and above those routinely provided under ordinary circumstances or that requires the exclusive use of said City property. (Ord. 2018-42, Amended, 12/11/2018)
8-12-001-0002 SPECIAL EVENT PERMIT
A. Permit Required. A permit must be obtained from the City of Flagstaff Recreation Section’s Office of Community Events before any person conducts a special event.
B. Permit Application. Applications for a special event permit shall be made in writing on forms prescribed by the City of Flagstaff Recreation Section and must be received within the time specified in the special event application packet. The required forms and special event application packet are on file in the Office of Community Events, and can be found online at http://www.flagstaff.az.gov/index.aspx?nid=463.
C. Permitting Criteria. All special event permit applications will be evaluated based on the following criteria:
1. Availability of City property on requested date(s);
2. Whether the requested City property is suitable for the event;
3. Whether the City property requested can safely accommodate the event without experiencing physical or resource damage;
4. Prior history of the event and applicant;
5. For special events that involve a street closure, requested street closures may be denied for the following reasons:
a. The nature of the event does not justify or require a street closure (street closures are intended to accommodate parades or other events that require the exclusive use of a street, as well as large-scale events that require additional space to ensure public safety);
b. Street closure would substantially or unnecessarily interfere with traffic;
c. Street closure would unreasonably impact business activities in the immediate vicinity of the closure;
d. Public safety personnel are not available at the date and time requested to facilitate the street closure;
e. Emergency services would be unreasonably inhibited in their ability to travel on and across public streets; or
f. Area requested to be closed is under construction or due to be under construction during time requested.
g. A street closure will not be approved if the sole purpose of the closure is to allow or provide an expanded area for the sale of alcohol.
Nothing in this section shall authorize the City of Flagstaff to deny or revoke a permit based on the content of the expressive activities at the proposed event if the expressive activities are considered protected speech under the First Amendment of the United States Constitution.
The City Recreation Section may attach reasonable conditions to any permit approval.
D. Grounds for Denial. An application may be denied or revoked for any of the following reasons:
1. The application was not submitted timely (see special event application packet for submittal deadlines);
2. The application does not include the required information, application fee, or security deposit;
3. The application contains material misrepresentations;
4. The applicant has previously violated the terms of a special event permit issued to or on behalf of the applicant;
5. The applicant has on prior occasions damaged City property and/or has not paid in full for such damage;
6. A complete and fully executed application has already been submitted for the same time and place, and a permit has been or will be granted for the requested use or activities;
7. The proposed event would conflict with previously planned programs organized, conducted, or sponsored by the City and previously scheduled at or near the same time and place;
8. The proposed event would present an unreasonable danger to the public health or safety;
9. The proposed event would substantially or unnecessarily interfere with traffic and/or parking in the vicinity surrounding the event;
10. The event would likely interfere with the movement of emergency equipment and/or police protection in areas contiguous or in the vicinity of the event;
11. There would not, at the time of the event, be sufficient law enforcement and traffic control officers to adequately protect participants and non-participants from traffic related hazards in light of the other demands for police protection at the time of the proposed event;
12. The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations concerning the sale or offering for sale of any goods or services;
13. The use or activity intended by the applicant is prohibited by law;
14. The requested date and location of the event conflicts with another event that has historical precedence.
E. Other Terms and Conditions.
1. Permits will only be issued to persons eighteen (18) years or older, and permits for special events at which alcohol is to be served will only be issued to persons twenty-one (21) years old or older.
2. Permits issued pursuant to this section must remain on site during the permitted activity and made available upon request by City personnel.
3. Events must be confined to those parts of the City property assigned to the permit holder.
4. The City Recreation Section will send copies of applications and other pertinent material to other City departments/divisions that might be affected by the proposed special event. Such departments/divisions may recommend to the Recreation Section that a permit be issued only after the applicant has met, at his or her own expense, certain stipulations including, but not limited to, the following:
a. Hiring a stated number of security personnel;
b. Hiring a stated number of parking attendants;
c. Erecting security fencing or security barriers;
d. Providing sanitary facilities;
e. Hiring and providing for any and all traffic control devices and/or traffic personnel as recommended by the City of Flagstaff Traffic Engineer;
f. Applying for and receiving any other necessary permits and approvals;
g. Taking other measures to provide for fire protection or the health, safety, and welfare of the public;
h. Obtaining a certificate of insurance naming the City of Flagstaff as additional insured for a monetary amount to be determined by City of Flagstaff Risk Management;
i. Sign and submit a liability agreement prepared by the City;
j. Agreeing to pay for any unanticipated or unforeseen costs associated with the special event, including posting a performance bond if requested by the Recreation Section.
5. Continuous use of facilities by clubs, organizations and associations shall be permitted through a signed agreement which may be reissued as necessary at the discretion of the Recreation Services Director or designee. A permit issued pursuant to this subsection shall not exceed one (1) year.
6. Activities sponsored or co-sponsored by the City shall have first priority in the use of any City property.
7. Any request for a use not contemplated by this chapter or by administrative policies, or denied by the Recreation Section, may be forwarded to the Public Works Director who shall take the request before the City Manager for consideration.
8. Protest rallies, picketing activities, and other such gatherings for the common purpose of exhibiting a public display of sentiment for or against a person or cause shall be exempt from these permit requirements. Where a street closure is requested to conduct protesting and/or picketing activities, the organizer should contact the City of Flagstaff Police Department to request the street closure.
F. Time and Notice of Decision. The Recreation Section will provide a response to submitted applications within a reasonable period of time and in accordance with the timelines specified in the special event application packet. A notice of denial or revocation will clearly set forth the grounds upon which the permit was denied or revoked and, where feasible, shall contain a proposal for measures by which the applicant may cure any defects in the application or otherwise procure a permit. Where an application is denied because the proposed event would conflict with another event that has or will be approved, the Recreation Section will propose an alternative location, if available for the same time, or an alternative time, if available for the same location.
G. Appeals. An applicant may appeal the denial or revocation of an application by submitting a written appeal to the Recreation Section’s Office of Community Events within ten (10) days after issuance of the denial. Within five (5) days after receipt of the written appeal, or such longer period of time agreed to by the applicant, the appeal will be reviewed, and a response will be provided by the City Manager or designee, who shall be a Deputy City Manager. The decision to issue a permit or uphold the denial or revocation shall be based solely on the criteria set forth in this section. (Ord. 2018-42, Amended, 12/11/2018)
8-12-001-0003 SPECIAL EVENT APPLICATION PACKET
A. Application Packet. The Public Works Director, or designee, shall have the authority to create the special event application packet, which will establish the processes for obtaining a special event permit in accordance with this chapter. The special event application packet may include additional rules and regulations that are consistent with but not contained in this chapter.
B. Posting Application Packet. The special event application packet will be maintained on file in the Recreation Section’s Office of Community Events and will be posted on the City of Flagstaff web page. (Ord. 2018-42, Enacted, 12/11/2018)
8-12-001-0004 NOISE REGULATIONS
A. Event amplification must end by 10:00 p.m., except for special events at Wheeler Park where event amplification must end by 9:00 p.m. All special events with amplification may not begin amplified entertainment until 9:00 a.m. Monday through Saturday and 12:00 p.m. on Sundays.
B. It is the intent of the City Council of the City of Flagstaff to provide citizens with an environment free from excess sounds or noise that may jeopardize their health, welfare and safety, degrade the quality of life, interrupt the tranquility of a neighborhood, or deny the right of quiet enjoyment of personal property. Event organizers must be mindful of noise generated by entertainment and equipment and how it may negatively affect the quality of life of nearby residents and businesses. Police may submit a written notice to the event organizer providing requirements to alleviate noise-related complaints.
C. The City’s Noise Ordinance (Flagstaff City Code, Chapter 6-08) applies at all times.
D. If event staff do not to comply with police directives, the Flagstaff Police Department has the authority to close an event or a portion of an event when responding to a legitimate citizen complaint. A police service fee for responding to two (2) or more complaints (after having received a written notice) may be assessed to the event organizer.
E. The ability to offer live amplified entertainment in City-owned parks will be determined on a case-by-case basis.
F. The following rules will apply to all permits allowing amplified entertainment:
1. For events at Wheeler Park, sound levels measured at fifty (50) feet from the speaker locations must not exceed eighty-five (85) decibels, "A" weighted; for events at other locations where permits are allowed for amplified entertainment, the sound levels measured at one hundred (100) feet from the speaker locations must not exceed ninety (90) decibels, "A" weighted. Levels must be monitored during the event and remain within the allowed decibel level.
2. Speakers must be directed away from neighborhood areas. It is recommended that event producers orient speakers in a "surround sound" setup, where speakers are faced into the event space and sound can be contained within the park.
3. Working directly or in concert with the event producer, the Police Department and/or Recreation Services may lower the allowed decibel levels at any time during the event. The genre of music will not be used to determine whether to lower decibel levels. (Ord. 2018-42, Enacted, 12/11/2018)
8-12-001-0005 PERMIT FEES AND DEPOSITS
A. Permit fees shall be established by the Recreation Section with approval from the Parks and Recreation Commission and City Council. All fees will be reviewed annually.
B. All fees and deposits must be paid prior to the date of the special event, unless other arrangements are made in writing with the Recreation Section. (Ord. 2018-42, Amended, 12/11/2018. Formerly 8-12-001-0003)
8-12-001-0006 PROHIBITIONS
A. It is unlawful for any person to stage, present, or conduct a special event without first obtaining a permit pursuant to this chapter.
B. It is unlawful for any person to participate in a special event for which the person knows a special event permit has not been issued.
C. It is unlawful for any person in charge of, or responsible for the conduct of, a duly permitted special event to knowingly fail to comply with any term or condition of the special event permit.
D. It is unlawful to intentionally hamper, obstruct, impede, or interfere with a permitted special event. (Ord. 2010-27, Adopted, 11/02/2010; Ord. 2018-42, Amended, 12/11/2018. Formerly 8-12-001-0004)