Chapter 9.80
EVENTS
Sections:
9.80.040 Application procedure – Fee.
9.80.050 Action on application.
9.80.060 Grounds for denial of application.
9.80.100 Indemnification agreement.
9.80.140 Revocation of permit.
9.80.010 Intent.
This chapter establishes the standards for the issuance of a permit for local events and demonstrations on any property that is owned, leased or controlled by the city. (Ord. 4-2024 § 1 (Exh. A)).
9.80.020 Definitions.
As used in this chapter, the following words and terms shall be defined as follows, unless the context requires otherwise:
“Applicant” means any person who or organization that seeks a permit from the city to conduct or sponsor an event governed by this chapter. An applicant must be 18 years of age or older.
“Block party” means a festive gathering on a residential street requiring the closure of a street or a portion thereof to vehicular traffic and use of the street for the festivity, including barbecues, picnics, music or games.
“Demonstration” means a rally, picketing, speechmaking, marching, vigil, religious services or any other similar gathering or parade that primarily involves the communication or expression of views or grievances, engaged in by more than one person, that occurs on any property that is owned, leased or controlled by the city including, without limitation, streets, highway and sidewalks, and which demonstration does not comply with traffic laws and controls or which may, in the judgment of the coordinator or the service area director responsible for the administration of any city affairs on the property, obstruct, delay or interfere with the normal activities, operations or flow of pedestrian or vehicular traffic on the property or which may create a significant risk of injury to the public or participants in the demonstration or other persons.
“Event” means all demonstrations and local events for which permits have been applied for or given.
“GMC” means the Gunnison Municipal Code.
“Local event” means a parade, athletic contest, street fair, art and craft show, carnival, block party, or other outdoor or indoor events which is not a demonstration as defined in this section, that occurs on any property that is owned, leased or controlled by the city including, without limitation, streets, highways and sidewalks, and which event does not comply with traffic laws and controls or which may, in the judgment of the coordinator or the service area director responsible for the administration of any city affairs on the property, obstruct, delay or interfere with the normal activities, operations or flow of pedestrian or vehicular traffic on the property or which may create a significant risk of injury to the public or participants in the event or other persons.
“Parade” means a march or procession consisting of persons, animals or vehicles, or combination thereof, on any street or highway, including sidewalks, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic or does not comply with traffic laws or controls.
“Permit” or “event permit” means a permit issued for either a demonstration or local event.
“Permittee” means any person who or organization that has been issued an event permit by the city.
“Service area director” means the city staff member responsible for the area or areas impacted by the event.
“Street” or “highway” has the same meaning as defined in the Model Traffic Code, adopted by the city of Gunnison pursuant to Chapter 5.20 GMC and includes bike and pedestrian lanes or paths. (Ord. 4-2024 § 1 (Exh. A)).
9.80.030 Permit required.
Any person desiring to conduct an event in the city shall first obtain a permit from the city; provided, however, that an event permit shall not be required for the following:
A. Parades involving a total of 40 or fewer pedestrians marching along a route that is restricted to sidewalks and who cross streets only at pedestrian crosswalks in accordance with traffic regulations and controls; provided, that pedestrians participating in such parades shall cross streets in groups of 15 people or less, and shall allow vehicles to pass between each group;
B. Funeral processions;
C. Use of city parks or recreation areas for individual or family leisure and nonorganized recreational uses;
D. Regularly scheduled outdoor athletic events conducted on private property or public property where such events are normally held; and
E. Events that occur solely on privately owned property are not covered by this chapter. Such events remain subject to all other applicable GMC provisions. (Ord. 4-2024 § 1 (Exh. A)).
9.80.040 Application procedure – Fee.
A. Any person desiring to sponsor an event not exempted by GMC 9.80.030 shall apply for an event permit by submitting an online application with the city on a form supplied by the city. Applications must be submitted not less than 30 business days nor more than one year before the event date. An event requesting a special event liquor permit must be submitted 45 business days prior to the event.
B. If the application is for a demonstration, the city shall, upon a showing of good cause, consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain city services for the event. Good cause may be demonstrated by the applicant by showing that the circumstance that gave rise to the application did not reasonably allow the applicant to file within the time prescribed.
C. If the application is for a block party or other small local event, the city may consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain city services for the event.
D. A nonrefundable permit application fee may be set by the city council by resolution. The fee, if set, shall cover, but not exceed, the cost of processing and investigating permit applications and administering the permit program. If established, the fee shall be submitted by the applicant with the permit application; provided, however, that no permit application fee shall be charged to organizations qualified for exemption from the payment of city sales and use taxes pursuant to Chapter 3.10 GMC.
E. In addition to the permit application fee, the applicant may be assessed other city permit fees, department rates and fees, costs and fees associated with personnel or resources provided for the event by a city department, or division, as well as fines that may be assessed by the city for the cost to repair and/or restore any public property damaged by an event receiving benefits under the provisions of the city code. Applicant will be notified of additional fees for personnel or resources provided by the city within 15 business days of receiving a completed application and permit application fee, if applicable. Additional fees shall be paid by the applicant prior to the issuance of the event permit. Any fines charged to the applicant for damage done to city property shall be paid within 30 calendar days of the conclusion of the event.
F. The following historical events shall be exempt from subsection (E) of this section but shall be required to pay the nonrefundable permit application fee as set by city council by resolution:
1. Cattleman’s Day Parade.
2. Night of Lights.
3. Western Homecoming Parade.
4. Gunnison High School Homecoming Parade.
5. Gunnison Car Show. (Ord. 4-2024 § 1 (Exh. A)).
9.80.050 Action on application.
Upon receipt of a complete application, the city shall determine whether a pre-event meeting is required. If required, the applicant must attend the pre-event meeting. Any applicant may request a pre-event meeting if desired.
The city shall approve, conditionally approve or deny an application on the grounds specified below. The city manager shall have the authority to require city council consideration of an application.
The city shall endeavor to process applications within 15 business days after receiving a completed application and fee(s), if applicable, and the pre-event meeting, if applicable. If the application is denied or conditionally approved, the city shall inform the applicant in writing of the grounds for denial or the conditions on the permit and the applicant’s right of appeal. If the city relied on information about the event other than that contained in the application, they shall inform the applicant of such information. If the city refuses to consider a late application, they shall inform the applicant in writing of the reason for the refusal, and of the applicant’s right of appeal. (Ord. 4-2024 § 1 (Exh. A)).
9.80.060 Grounds for denial of application.
A. The city shall approve an application for an event permit unless they determine, from a consideration of the application and other pertinent information, that:
1. Information contained in the application, or supplemental information requested from the applicant, is false in any material detail; or
2. The applicant failed to complete the application form after having been notified of the need for additional information or documents; or
3. Another event permit or application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the city departments are unable to meet the needs for city services for both events; or
4. The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic on or contiguous to the event site or route or will disrupt the use of a street or highway at a time when it is usually subject to traffic congestion; or
5. The size, nature or location of the event will present a substantial risk to the health or safety of the public or participants in the event or other persons; or
6. The size of the event will require diversion of so great a number of police officers of the city to ensure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the city; nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of participants with the number of police officers or security personnel available to police the event; or
7. The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets or a previously granted encroachment permit; or
8. The event shall occur at a time when a school is in session, interrupts school bus routes or at a location adjacent to the school or class thereof, and the activities of the event would substantially disrupt the educational activities of the school, class, or transportation of students; or
9. The event involves the use of hazardous, combustible or flammable materials which could create a fire hazard; or
10. The event will violate an ordinance or statute which cannot be addressed by permit conditions.
B. When the grounds for denial of an application for permit specified in subsections (A)(4) through (A)(9) of this section can be corrected by altering the date, time, duration, route or location of the event, the city shall, instead of denying the application, conditionally approve the application upon the applicant’s acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant’s proposed event as are necessary to achieve compliance with said subsections. Violation of permit conditions in the past may result in additional restrictions or denial of the application. (Ord. 4-2024 § 1 (Exh. A)).
9.80.070 Permit conditions.
The city may condition the issuance of an event permit by imposing reasonable requirements concerning the time, place and route of the event and such requirements as are necessary to protect the safety of persons and property and the control of traffic. Such conditions include but are not limited to the following:
A. Alteration of the date, time, route or location of the event;
B. Conditions concerning the area of assembly and disbanding of parades or other events occurring along a route;
C. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street(s) or sidewalk(s);
D. Requirements for the use of traffic cones, barricades or other traffic-control devices to be provided, placed and removed by the permittee at its expense;
E. Requirements for provision of first aid or sanitary facilities;
F. Requirements for supplemental police or security officers;
G. Requirements for arrangement of supplemental fire protection personnel to be present at event at the permittee’s expense;
H. Requirements for use of event monitors and providing notice of permit conditions to event participants;
I. Restrictions on the number and type of vehicles, animals or structures at the event and inspection and approval of floats, structures and decorated vehicles for fire safety by the city of Gunnison fire marshal;
J. Requirements for use of garbage containers, cleanup and restoration of city property;
K. Restrictions on use of amplified sound;
L. A requirement that an event permit to conduct a block party may be conditioned on the giving of notice to the residents of dwellings along the affected street(s); and/or
M. Compliance with any relevant law and obtaining any legally required permit or license. (Ord. 4-2024 § 1 (Exh. A)).
9.80.080 Appeal procedure.
The applicant shall have the right to appeal the denial of a permit or a permit condition. A notice of appeal shall be filed with the city manager’s office setting forth the grounds for the appeal within five business days after mailing or personal delivery of a notice of denial or permit condition. The city manager shall review the appeal. The city manager’s decision shall be final, subject only to such judicial review as may be permitted by law. (Ord. 4-2024 § 1 (Exh. A)).
9.80.090 Permit issuance.
If the city determines that a permit should be granted, the city shall issue written conditions and the applicant must agree to comply with all terms and conditions of the permit and the following sections of this chapter, as applicable:
A. GMC 9.80.040, Application procedure – Fee;
B. GMC 9.80.100, Indemnification agreement;
C. GMC 9.80.110, Insurance;
D. GMC 9.80.120, Traffic control; and
Once the applicant has signed the conditions and all applicable sections of this chapter have been complied with, the city shall issue the event permit. (Ord. 4-2024 § 1 (Exh. A)).
9.80.100 Indemnification agreement.
Prior to the issuance of an event permit, the city shall require the applicant and authorized officer of the sponsoring organization (if any) to sign an agreement for the permittee to reimburse the city for any costs incurred by it in repairing damage to city property occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees or agents, or any person who was under the permittee’s control. The agreement shall also provide that the permittee shall defend the city against, and indemnify and hold the city harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees or agents, or any person who was under the permittee’s control. Persons who merely join in an event are not considered by that reason alone to be “under the control” of the permittee. (Ord. 4-2024 § 1 (Exh. A)).
9.80.110 Insurance.
Prior to the issuance of an event permit, the city may require the applicant and authorized officer of the sponsoring organization (if any) to possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event, in accordance with the city’s event insurance requirements and required liability amounts set forth in the Colorado Governmental Immunity Act (CGIA 24-10-101), as adopted by resolution. (Ord. 4-2024 § 1 (Exh. A)).
9.80.120 Traffic control.
The city will determine if the event requires traffic control in order to facilitate vehicular and pedestrian movement on city streets and public rights-of-way affected by the event. The city may provide traffic control as necessary to accommodate the event, subject to available resources. In the event that the city is unable to provide traffic control, the permittee shall be responsible for traffic control as follows:
A. All traffic control devices in the public right-of-way must be installed by a civilian who is certified in traffic control or as authorized by the city;
B. A traffic control plan must be approved by the city as follows:
1. Be prepared and certified by a traffic control supervisor, or
2. Prepared in compliance with a standard Manual on Uniform Traffic Control Devices (MUTCD) Traffic Control Plan, or
3. As otherwise approved by the city. (Ord. 4-2024 § 1 (Exh. A)).
9.80.130 Duties of permittee.
A. The permittee shall comply with all terms and conditions of the event permit.
B. The permittee shall ensure that the person leading a parade or other event along a route, or the person in charge of any other event, is familiar with all the provisions of the permit and carries the event permit on his or her person for the duration of the event.
C. The permittee shall ensure that the area used for the event is cleaned and restored to the same condition as existed prior to the event, immediately following the completion of the event. (Ord. 4-2024 § 1 (Exh. A)).
9.80.140 Revocation of permit.
A. The city may, at any time prior to an event, revoke or terminate a permit that has been issued for the event if conditions of the event change so that the permit application could have been denied in the first instance.
B. The city may revoke or terminate the permit prior to or during the course of the event if the holding or continuation of the event presents a clear and present danger to the participants or the public. (Ord. 4-2024 § 1 (Exh. A)).
9.80.150 Violations.
A. It is unlawful for any person to sponsor or conduct a parade, athletic event, other special event or demonstration requiring an event permit unless a permit has been issued for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued a permit.
B. It is unlawful for any person to interfere with or disrupt a lawful parade, athletic event or other special event.
C. The event permit authorizes the permittee to conduct only such event as is described in the permit in accordance with the terms and conditions of the permit. It is unlawful for the permittee to knowingly violate the terms and conditions of the permit, or for any event participant with knowledge thereof to knowingly violate the terms and conditions of the permit.
D. Any person, firm, corporation or other entity violating any provision of this chapter shall be deemed guilty of a misdemeanor and subject to penalties as set forth in Chapter 4.20 GMC. (Ord. 4-2024 § 1 (Exh. A)).