Chapter 12.12
SPECIAL EVENTS
Sections:
12.12.030 Contents of Application
12.12.040 Special Event Regulations
12.12.050 Revocation of Permit
12.12.010 General
A. Purpose. The purpose of this chapter is to set forth regulations for special events in the City and standards for the issuance of special events permits in order that public safety, health and general welfare are protected.
B. Definitions.
1. "Exhibition" means an outdoor display of items, including but not limited to vehicles, agricultural products, homemade items, arts or crafts, whether for sale or not.
2. "Fair" or "carnival" means a gathering of stalls, amusements, rides, sideshows, games of skill and/or vendors for public entertainment.
3. "Festival" means a recreational, social, educational, or cultural activity that includes activities such as rides, animal events, art shows, cultural exhibitions and/or live music in an outdoor setting.
4. "Musical concert" means a performance of music for an audience primarily attended by members of the public, whether or not there is an entrance fee.
5. "Sporting event" means a competition or activity involving more or less vigorous bodily exertion including but not limited to football, baseball, basketball or golf.
6. "Special event" means any of the following temporary activities that occur which the public is invited or allowed to participate:
a. Outdoor musical concerts, festivals, fairs, carnivals, farmers’ markets or exhibitions whether held on public property or private property.
b. Sporting events that require the use of public streets or other City property.
7. Special Events Review Board. The Board shall be an advisory board to the City Manager and shall consist of the Public Works Director, Police Chief, Fire Chief and other personnel as designated by the City Manager. (Ord. 1402 § 1 (Exh. A), 2023)
12.12.020 Issuance of Permits
A. Permits Required.
1. No person may conduct a special event without having first obtained a special event permit from the City.
2. Applications for special events shall be submitted to the Special Events Review Board at least thirty (30) days prior to the scheduled start of the special event. The application shall be on a form provided by the City and shall include a site plan depicting existing facilities and proposed temporary facilities and activities and any other information required.
3. The Special Events Review Board shall review the application for completeness and notify the applicant of any incomplete items within five (5) working days of the receipt of the application. The Special Events Review Board shall approve, approve with modifications or conditions or deny the application within ten (10) working days of receipt of a complete application if the application does not comply with the requirements of this chapter.
4. The Special Events Review Board may deny an application for a special event permit if:
a. The application contains a misrepresentation, false or misleading statement, evasion or suppression of a material fact.
b. Another special event has been approved to occur on the same day in the same area or traffic circulation would be impeded or public safety would be compromised by having two (2) or more special events in the same area.
c. The application does not comply with this chapter and all other applicable codes, ordinances or other laws.
d. The proposed special event is unlawful or constitutes a public nuisance.
5. A decision of the Special Events Review Board to deny an application under this subsection may be appealed to the City Council.
6. The special event permit shall include the approved duration of the special event.
7. The special event permit shall be displayed at the special event site in a conspicuous location for the duration of the special event.
B. Application Fee–Permit Fee.
1. No application fee shall be charged for special event permits.
2. Special event permit fees for approved events shall be established by the City Council and included in the City’s fee schedule.
C. Deposit Required. Special event applicants for special events to be held on public property shall file with the City a security deposit in an amount established by the City. The deposit shall be refundable to the applicant after the City determines that all conditions and requirements associated with the approved application and this section have been met. At a minimum, the list of vendors shall be submitted and the special event site and all streets and other property used by or affected by the special event shall be restored to their original condition, including but not limited to removal of debris and waste.
D. Authority to Waive Fees and Deposits. The City Manager may waive the permit fee for a special event solely sponsored and operated by, or in which the entire proceeds accrue to, an entity which is exempt from Federal income taxation under Section 501(c) of the Internal Revenue Code of 1986. No such waiver shall be granted where a for-profit entity is involved in organizing or operating the special event.
E. Appeal to City Council.
1. If the Special Event Review Board denies an application for a special event, the applicant may appeal the decision to City Council by written request stating the reasons thereof filed with the City Clerk within ten (10) days after the notice of the denial is received.
2. An appeal hearing shall be held by City Council within thirty (30) days after receipt of an appeal at a regularly scheduled City Council meeting. The applicant shall be provided with written notice of the appeal hearing at least five (5) days prior to the hearing. At the hearing all parties shall have the right to be represented by counsel, to present testimony and evidence. The City Council shall by majority vote of members present render a written decision based on findings of fact and the application of the standards herein which shall be mailed to the applicant. The decision of the Council shall be final.
F. Duration of Permit. A special event permit shall be valid for the approved duration of the special event.
G. Extensions of Permit. The City Manager may grant an extension of the permit provided the applicant submits, in writing, a request for such an extension prior to the end of the special event. (Ord. 1402 § 1 (Exh. A), 2023)
12.12.030 Contents of Application
A. Security and Safety. The application for a special event with a duration of more than four (4) hours shall include and provide for the information required by this section and, in addition, the Fire Chief may require a public safety plan in accordance with Section 403.12 of the City’s Fire Code.
1. Crowd Control Plan. The crowd control plan shall include a minimum of two (2) off-duty sworn public safety officers or other security personnel, approved by the Special Events Review Board, to monitor crowd control. Such security shall be provided for special events anticipated to generate between two hundred (200) and one thousand (1,000) persons and one (1) additional officer or other approved security personnel for every anticipated one thousand (1,000) persons thereafter. The Special Events Review Board has the authority to determine the anticipated number of persons in attendance. The above minimum requirements may be increased or reduced upon authorization of the Special Events Review Board.
2. City Codes. A plan to address all fire and life safety concerns and the provisions of the City’s building and other life safety codes. The Special Events Review Board shall determine the appropriate number of fire and medical personnel needed to provide fire prevention and medical coverage.
B. Traffic Circulation and Parking. The application for a special event with a duration of more than four (4) hours shall include the following information and provide for the following:
1. Traffic Circulation. A plan for traffic circulation and control, including provisions for emergency vehicle access before, during and after the event, for each day of the event. The adequacy of the plan shall be determined by the Special Events Review Board. The Special Events Review Board has the authority to determine the level of law enforcement personnel needed to regulate traffic associated with the event. The cost of such traffic control shall be paid by the applicant of the event. A copy of the contract with such law enforcement personnel shall be submitted to the City Manager at least seven (7) days prior to the special event. No special event shall be conducted without law enforcement personnel as required by the Special Events Review Board.
2. Parking. A plan to address anticipated parking demands. Parking along the shoulder of any major arterial road is prohibited. Vehicles shall not be parked in any manner that would create a traffic hazard as determined by the City Manager.
C. Noise.
1. If amplified music is to be produced at the special event, a plan shall be prepared that ensures that the sound levels shall not disturb the peace and quiet of residents of the City. The plan shall include sufficient information so that the City Manager may determine whether the sound will be heard by residents in residential neighborhoods.
2. Amplified sound shall not begin before nine a.m. nor extend beyond ten p.m. The Special Events Review Board may approve adjustments to hours of operation and hours of amplified sound based upon individual circumstances.
3. No amplified music will be permitted if the event will be located within two hundred (200) feet of a residential district unless approved by the City Council.
D. Toilet Facilities. The application for a special event with a duration of more than four (4) hours shall include a plan for adequate toilet facilities. The plan shall provide for a minimum of three (3) toilet facilities per one thousand (1,000) persons anticipated to attend the special event. The Special Events Review Board may approve variations from these standards based on the length of the event, the spatial characteristics of the event, or other factors or considerations. All toilet facilities shall comply with Americans with Disabilities Act accessibility guidelines.
E. Solid Waste Disposal. The application for a special event to be held on public property shall include a plan for collection and disposal of solid waste and litter and for disposal of grease barrels for cooking oil. Separate containers shall be provided for the collection of recyclable materials. All solid waste, litter and recyclable materials shall be removed from the site within twenty-four (24) hours following the event. For multiple-day events, the grounds shall be maintained during each day of the event with no on-site accumulations which would create a nuisance or pose a health hazard. All solid waste shall be deposited appropriately by an approved garbage operator.
F. Electrical Hookups. The application shall include a plan for any electrical work required, including the use of a generator for the provision of electric service. All wiring shall be installed in compliance with the provisions of the National Electrical Code and the City’s electrical code and be approved by the building inspector.
G. Temporary Structures. The application shall set forth the plans for temporary structures, including but not limited to tents, stages, scaffolding and platforms. Such temporary structures shall be erected in compliance with the provisions of City code and building codes and be approved by the building inspector. No temporary structure shall be situated in such a manner that it could create a traffic hazard.
H. Street Closures. If the special event requires closure of any public streets, approval by the Special Events Review Board shall be obtained prior to issuance of the special event permit.
I. Use of Alcohol. If the special event will include sale, use or distribution of alcohol on public property, approval by the City Council and a special event liquor license shall be obtained prior to the issuance of the special event permit.
J. Vendors. If the special event will include vendors, the applicant shall provide a list of the vendors to the Special Events Review Board at least seven (7) days prior to the special event and shall submit an updated list to the Special Events Review Board within seven (7) days following the special event.
K. Inspection Required–Reinspection Fee. Prior to the opening of the special event, the applicant shall call for an inspection to ensure compliance with all permitting conditions. If the building inspector or the Fire Marshal finds that any permitting conditions have not been met, the applicant will be notified of the required corrections. The building inspector shall reinspect the special event site without further charge. (Ord. 1402 § 1 (Exh. A), 2023)
12.12.040 Special Event Regulations
A. Compliance.
1. A condition of the permit shall be compliance with the plans approved with the application.
2. A condition of the permit shall be compliance with all applicable City ordinances and all applicable County, State and Federal laws and regulations.
B. Hours of Operation. The hours of operation of the special event shall be as set forth on the special event permit. (Ord. 1402 § 1 (Exh. A), 2023)
12.12.050 Revocation of Permit
A. Grounds for Revocation of Permit.
1. A special events permit may be revoked by the City Manager for the following:
a. Failure to comply with the plans approved pursuant to Section 12.12.030.
b. Failure to comply with the requirements of this chapter.
c. Failure to comply with applicable City ordinances and County, State and Federal laws and regulations.
2. A notice of revocation shall be delivered or mailed by first class mail to the permittee. All activities associated with the special event shall immediately cease as of the date of the notice.
B. Appeal of Revocation.
1. If a special event permit is revoked, an appeal to the City Council may be filed following the same procedures as set forth in Section 12.12.020. The filing of an appeal shall not stay the decision to revoke the special events permit.
2. The decision of the City Council on appeal shall be final. (Ord. 1402 § 1 (Exh. A), 2023)
12.12.060 Penalties
A. Any person who violates any section of this chapter shall be subject to the penalties set forth in Chapter 1.12.
B. Nothing provided herein shall be construed to limit the authority or ability of the City to seek civil injunctions to prohibit violations of this chapter or any other lawful remedy, in addition to the criminal penalties set forth in this chapter. (Ord. 1402 § 1 (Exh. A), 2023)