Chapter 9.52
PUBLIC EVENTS
Sections:
9.52.010 Statement of purpose.
9.52.050 Permit application fee.
9.52.080 Preapplication conference.
9.52.090 Staff review and comments.
9.52.100 Decision making, approval process and criteria.
9.52.010 Statement of purpose.
To ensure that public events, as defined in this chapter, held within the City of Harrisburg meet minimum standards in order to protect the peace, health, safety, and welfare of individuals attending the events and do not create unreasonable problems for neighbors or the community at large. [Ord. 888 § 1.0, 2010.]
9.52.020 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, the following words and phrases are defined as follows:
“Adequate” means that the requirement:
a. Accommodates the event attendance for the event times;
b. Meets the standards required for that level of assembly; and
c. Is reasonable based upon the location and nature of the public event.
“Applicant” means a person who has applied for a public event permit from the City.
“City” means the City of Harrisburg.
“City Administrator” means the City Administrator of the City or his/her designee.
“City Council” means the City Council of the City.
“Decision maker” means the person making a decision to approve or deny a permit for a public event. The decision maker is the City Administrator for the initial decision on an application and the City Council if an appeal is filed.
“Facility” or “facilities” means a structure, pipeline, roadway, power pole or wire or other similar instrumentality, whether temporary or permanent, that is constructed or assembled for the purpose of the public event. “Facilities” includes tents, shelters, or other structures or features that are installed or erected in support of a public event.
“Organizer” includes any person who holds, stages, sponsors, organizes, advertises, promotes or allows a public event. The word includes the applicant for a permit and any agent designated by the organizer but does not include the City.
“Person” means any individual or group of individuals, corporation, partnership, or organization. The singular form includes the plural.
“Public event” means any activity where:
a. Persons are permitted or invited to attend and where a fee is charged; or
b. A voluntary contribution is paid or solicited for the privilege of attending; or
c. Any money is raised or items are sold to defray the expenses of such events, unless exempted under this chapter; or
d. It is an event which is required to obtain a permit from Linn County pursuant to the Linn County Outdoor Assembly Peace, Health, Safety, and Welfare Code, found in Linn County Code Chapter 580.
“Reviewing authorities” means any government official designated by the City Council to review an application for a permit to conduct a public event and making comments including recommendations thereon. Reviewing authorities include but are not limited to the City Administrator, the Public Works Director, the Chief of Harrisburg Fire and Rescue, and the Linn County Sheriff or his/her designee. [Ord. 935 § 1, 2015; Ord. 888 § 2.0, 2010.]
9.52.030 Permit required.
Unless otherwise excepted by this chapter, an organizer wanting to hold or conduct a public event must demonstrate compliance with the peace, health, safety, and welfare criteria of this chapter by applying for and obtaining a permit for each public event. [Ord. 888 § 3.010, 2010.]
9.52.040 Permit exceptions.
It is the responsibility of the event organizer to determine if the sponsored event qualifies for any of the following exceptions to obtaining an event permit. This chapter shall not apply to:
1. Any assembly or event likely involving less than 100 participants or attendees and that will conclude on the same calendar day that it begins.
2. Any public school or school district, or educational or training event sponsored or directed by a State-sanctioned educational institution.
3. Any event primarily that is in or occupies a permanent structure and facilities when such structure and facilities have been:
a. Designed for that activity; and
b. Designed to accommodate, in a manner consistent with this chapter, the number of people in attendance or reasonably expected to be in attendance at that activity; or
c. Approved for such activities through the land use process of the City.
4. Any assembly under the auspices of or approved by any local, state or federal governmental entity or agency, or allowed under the free speech provisions of the Oregon Constitution or United States Constitution.
5. Any assembly regulated by Linn County as an outdoor assembly under Chapter 580 of the Linn County Code. [Ord. 906 § 1, 2012; Ord. 888 § 3.020, 2010.]
9.52.050 Permit application fee.
1. In addition to any other fees authorized in this code, there shall be an application fee in the amount set by resolution of the City Council and limited to an amount calculated to reimburse the City for its reasonable, actual, and necessary costs in receiving, processing and reviewing applications for permits to conduct a public event.
2. The application fee shall be paid upon filing the application with the city. The application fee is nonrefundable. [Ord. 888 § 3.030, 2010.]
9.52.060 Permit – Insurance.
1. If the decision maker determines that the public event creates a significant potential for injury to persons or property, the applicant shall furnish evidence of liability insurance.
2. If the organizer does not file proof of the noncancellable insurance that meets the requirements of this subsection at least 10 days before the first day of the event, the City Administrator may void a permit for the public event and so notify the organizer at the address provided in the application. [Ord. 888 § 3.040, 2010.]
9.52.070 Written application.
1. Filing Timeline. Unless the time for filing is otherwise set by the decision maker, the organizer of a public event shall file or cause to be filed with the City a written application accompanied by the application fee at least 30 days prior to the first day upon which such a public event is to be or may be held. Applications submitted less than 30 days prior to an event will be accepted by the City only if the decision maker determines that the permit can be processed in time for the event, based upon the completeness of the application, the nature of the event and notices that may be required to neighboring property owners or tenants.
2. Application Form. An application shall be made on forms provided or approved by the City and shall include:
a. The name, address, and 24-hour telephone number of the applicant, the organizer, and the contact person. If the applicant is a business or association, the names and residences of the person(s) responsible for the event.
b. Address and description of the property on which the proposed public event will be conducted.
c. The date(s) and event times of the proposed public event.
d. The names, addresses and other identifying information as may be required by the City of other persons principally involved in the event. For purposes of this chapter, “persons principally involved in the event” means:
(1) Owners;
(2) Managers;
(3) Producers; and
(4) Others as may be requested by the City.
e. The nature of such proposed public event, including but not limited to information regarding all factors not otherwise covered in the application that involve:
(1) Noise that will come from the public event that may impact neighboring properties, including information on any amplified sound;
(2) Whether or not dust may be an issue;
(3) Provisions for dealing with trash containment and disposal; and
(4) Other information relative to the impact the event may have on health and safety issues, or the convenience of neighbors near the event or the general public.
f. An event site plan designating, at a minimum, a traffic plan including emergency access routes, proposed parking areas, setbacks from adjoining properties, location and quantity of proposed sanitary facilities, source(s) of potable water, and any proposed overnight camping areas.
g. An estimate of the total number of persons attending and participating in the event.
h. Plans for signage.
3. In the event that any of the persons principally involved in the activity or event should change, either prior to the approval of the permit or after approval, it shall be the continuing obligation of the organizer or permittee to communicate the change to the City. [Ord. 888 § 4.010, 2010.]
9.52.080 Preapplication conference.
1. The City may require that a preapplication conference take place before the application is deemed complete by the City. The preapplication conference, if required, shall take place within 10 working days of receipt of the application by the City.
2. The City Administrator shall provide notice of any preapplication conference to the reviewing authorities who will be invited to participate in the preapplication conference along with the applicant. [Ord. 888 § 4.020, 2010.]
9.52.090 Staff review and comments.
1. Following filing, the application shall be reviewed by the reviewing authorities for completeness. Each reviewing authority shall review the application and determine whether the application contains sufficient information to show that the applicant can comply with the requirements of this chapter.
2. The reviewing authorities may make written comments including recommendations and proposed conditions.
3. The reviewing authorities shall limit the scope of their review of the application to the standards and criteria set forth in this code and shall not consider, except as allowed by the Constitution of the State of Oregon and the Constitution of the United States, the content of any alleged speech related to the public event for which a permit is sought.
4. Upon receipt of the complete application, the City Administrator shall mail a notice to property owners within 300 feet of the planned location for the proposed public event. The notices shall be sent to the property owner addresses as shown on the property tax records of the Linn County assessor’s office. The City Administrator shall not render a final decision on the application until property owners have had at least 10 days from the date of the mailing to comment in writing on the proposal. The notice shall inform property owners of pertinent information from which they can determine the possible impacts of the proposed event, including, but not limited to:
a. The name of the applicant;
b. The name and nature of the proposed event;
c. The location of the proposed event;
d. The date(s) and time(s) of the proposed event;
e. The right of the property owner to comment on the proposed event; and
f. The name and address of the person to comment to, as well as the deadline to submit comments. [Ord. 888 § 4.030, 2010.]
9.52.100 Decision making, approval process and criteria.
1. Unless the applicant consents to a later date, a final decision shall be made no later than 45 days after a complete application has been filed with the City.
2. An application for a public event permit shall be reviewed and a decision made thereon by the City Administrator.
3. Decision Making Procedures.
a. The City Administrator shall consider and apply the provisions of this chapter during review and shall assure that the required conditions of approval are or will be met prior to issuing a permit.
b. The City Administrator may impose on each permit approved any conditions the City Administrator deems appropriate and any conditions recommended by the reviewing authorities. This may include a condition, for example, that the applicant, organizer and/or property owner provide the City with a hold harmless agreement.
c. The City Administrator may consider any history of noncompliance of a particular organizer with the minimum health, safety, peace, and welfare criteria of this chapter when imposing conditions on the permit.
d. The review shall not be used to provide opportunities to deny the lawful assembly of persons for reasons unrelated to these requirements.
e. The City Administrator shall approve the application upon demonstrated compliance with the rules and regulations set forth in this chapter.
f. The City Administrator shall deny the application if:
(1) The applicant is unable to demonstrate compliance with or the ability to comply with the rules and regulations set forth in this chapter; or
(2) The City Administrator is unable to make any of the findings of fact required herein, including a finding that they will be in compliance with applicable land use regulations.
4. The City Administrator shall provide written notice of the decision to the applicant. [Ord. 888 § 4.040, 2010.]
9.52.110 Permit revocation.
Upon determination by the City Administrator of noncompliance with the terms of a permit or upon the failure of the permittee to abide by provisions of law or other conditions contained in this chapter, the City Administrator may revoke the permit. [Ord. 888 § 5.010, 2010.]
9.52.120 Appeal.
1. Any party may appeal a final decision of the City Administrator on a public event application to the City Council by providing written notice to the City Administrator no later than 10 days after the mailing of the notice of decision.
2. A hearing on appeal shall be conducted de novo. Notice of the hearing shall be given to the appellant and to all participating parties, either orally or in writing, at least 10 days prior to the City Council hearing.
3. Except as provided for the appeal of a land use decision by Oregon law, the decision of the City Council shall be final. [Ord. 888 § 6.010, 2010.]
9.52.130 Penalty.
Failure to comply with the rules and regulations of this chapter is punishable by a fine of not to exceed $1,000 per day of violation. [Ord. 888 § 7.010, 2010.]