Chapter 12.20
EVENT POLICY AND PROCEDURE
Sections:
12.20.040 Application – Form – Required information.
12.20.070 Conditions of permit.
12.20.090 Notice of issuance or denial.
12.20.130 Revocation of permit.
12.20.140 Public conduct during a special events activity.
12.20.150 Violation – Penalty.
12.20.010 Definitions.
As used in this chapter:
(1) “Funeral procession” means a single direct movement from a mortuary or church to the place of burial of a human body, under direction of an authorized funeral director.
(2) “Parade” means a march or procession of any kind.
(3) “Public meeting or assembly” means a planned or organized gathering of a group of persons, or any ceremony, show, exhibition, dance or pageant which may reasonably be expected to result in the gathering of a group of persons, upon any public street, park or other public grounds;
(4) “Special events activity” means a parade, sporting event, public meeting or assembly or other similar type event;
(5) “Sporting event” means any race, contest or event, whether of a competitive or a noncompetitive nature, involving a procession of persons, whether afoot or upon any vehicle or device propelled by the human body, including but not limited to walk-a-thons, jog-a-thons, fun runs, foot races, bicycle races and similar type events. [Ord. 471 § 1, 2002]
12.20.020 Permit required.
It is unlawful for any person to hold, manage, conduct, aid, participate in, form, start or carry on any special events activity as defined in this chapter in or upon any public street, park or other public grounds in the town unless and until a permit to conduct such special events activity has been obtained in compliance with the provisions of this chapter, except as herein provided. [Ord. 705, 2012; Ord. 471 § 2, 2002]
12.20.030 Exceptions.
This chapter shall not apply to any of the following:
(1) Funeral processions;
(2) A governmental agency acting with the scope of its functions;
(3) Students going to and from school classes or participating in educational activities, providing such special events activity is authorized by the school district and is under the immediate direction and supervision of the school authorities authorized by the school district to approve and supervise such special events activity;
(4) Organized youth and other sports activities. [Ord. 574, 2005; Ord. 572, 2005; Ord. 471 § 3, 2002]
12.20.040 Application – Form – Required information.
(1) Application for permits under this chapter should be filed with the town council not less than 30 days in advance of the proposed special events activity.
(2) This application shall be in writing on a form provided by the town council and shall give the following information:
(a) The name, address and telephone number of the person requesting the permit. If the special events activity is proposed to be conducted for, on behalf of or by any organization, the name, address and telephone number of the headquarters of the organization and the authorized head of such organization shall be stated;
(b) The name, address and telephone number of the person who will be directly in charge of and responsible for the special events activity;
(c) The purpose of the special events activity;
(d) The date, time and location or route of the proposed special events activity;
(e) The approximate number of spectators and persons who will participate in the special events activity and the number and kind of vehicles, equipment and animals which will be used;
(f) Plans for the assembly and dispersal of the special events activity, including times and locations thereof including setup/takedown times;
(g) A statement as to whether the parade or sporting event will occupy all or only a portion of the streets proposed to be traversed;
(h) A statement as to whether a permit has been requested or obtained from any other town within which said special events activity shall commence, terminate or occur in part;
(i) Any additional information which the town council shall find reasonably necessary to a determination of the findings. [Ord. 705, 2012; Ord. 471 § 4, 2002]
12.20.050 Application – Fee.
A processing fee set by annual resolution* of the town council shall be submitted with the application. [Ord. 515 § 15, 2003; Ord. 471 § 5, 2002]
*Code reviser’s note: The resolution setting this fee is available for review at Town Hall.
12.20.060 Findings required.
Upon approval of the town council or mayor, the town shall issue a permit as provided for hereunder when from a consideration of the application and from such other information as may otherwise be obtained they find that:
(1) The conduct of such special events activity will not substantially interrupt the safe and orderly movement of traffic and/or pedestrians;
(2) The concentration of persons, spectators, animals and vehicles will not unduly interfere with proper fire and police protection of, or ambulance service to, areas where the special events activity will take place or areas contiguous to such area;
(3) The conduct of such special events activity will not unduly interfere with the movement of firefighting equipment en route to a fire, or the movement of other emergency equipment;
(4) The conduct of such special events activity is not reasonably likely to cause injury to persons or property;
(5) Such special events activity is not to be held for the sole purpose of advertising the goods, wares or merchandise of a particular business establishment or vendor;
(6) Proper arrangements have been made for setup/takedown and cleanup following the special events activity. [Ord. 705, 2012; Ord. 471 § 6, 2002]
12.20.070 Conditions of permit.
The person or organization sponsoring the special events activity shall, on a form reviewed by the town attorney, as a condition to the issuance of a permit, execute an agreement to indemnify and hold the town harmless from and on any claim that may be made or brought against the town for loss, injury or damage to any persons or property arising out of or in connection with the special events activity. Additionally, if the person or organization sponsoring the event shall, whether at the direction of the town or otherwise, provide entry forms to special events activity participants, said entry forms shall require each individual participant to release the town from any liability that might be occasioned on account of any injury to the participant or damage to participant's property. If the special events activity will involve minors, said entry form shall provide for a release of such liability on behalf of the minor, by the minor and the minor’s parents or guardian. Event sponsors or organizations will be required to provide a certificate of insurance before the permit is issued. General liability as well as auto liability limits of not less than $1,000,000 will be required. In some instances higher limits of general liability or auto liability limits may/will be required. Event sponsors or organizations, at the discretion of the town and its consultants, may/will require that the town of Concrete be named as an additional named insured on the event sponsor’s or organization’s general liability or auto liability insurance policy(ies). If required, such language must be evidenced on the certificate of insurance and presented prior to the permit being issued. Any person or organization sponsoring a special events activity shall be responsible for the prompt and orderly removal of any signs, booths, barricades and any other articles or items erected or used in connection with the special events activity and any trash or debris occasioned by the special events activity. Should the town for any reason be forced to expend its own funds or manpower or use its equipment to ensure the safe and orderly conduct of the special events activity or disassemble or remove any articles erected or used in connection with the special events activity or collect any trash or debris occasioned by the special events activity then the person or organization sponsoring the special events activity shall promptly reimburse the town for the reasonable cost of same upon presentment of the town’s statement. The town shall have authority to impose such other and additional conditions as are necessary, including but in no way limited to the requirement of a performance bond, to ensure that all of the findings mentioned in CMC 12.20.060 shall exist during the continuation of or after the special events activity. [Ord. 705, 2012; Ord. 471 § 7, 2002]
12.20.080 Prior application.
If a prior permit application shall have been made for a special events activity proposed to be held at the same time or place, the town council may refuse approval of the later application. In case of such refusal, they shall forthwith send the applicant a written notice that they may apply for an alternate time and place. [Ord. 471 § 8, 2002]
12.20.090 Notice of issuance or denial.
The town council or mayor shall act upon the permit application within 30 days of the filing thereof. If the town council disapproves of the application, they shall mail to the applicant within that 30-day period notice of the denial and the reason for it. [Ord. 705, 2012; Ord. 471 § 9, 2002]
12.20.100 Appeal procedure.
The applicant shall have the right to appeal the denial of a permit to the town council. A notice of appeal shall be filed with the town clerk within five business days of the date of the notice of denial. The town council shall act upon the appeal at its next meeting following receipt of the notice of appeal. [Ord. 705, 2012; Ord. 471 § 10, 2002]
12.20.110 Contents of permit.
Conditions to the issuance of any permit shall be set forth in the permit. [Ord. 471 § 11, 2002]
12.20.120 Duty of permittee.
(1) A permittee hereunder shall comply with all terms and conditions of said permit and with all applicable laws and ordinances.
(2) A copy of the approved written permit obtained pursuant to this chapter shall be carried by the person heading or leading the special events activity for which the permit was issued. [Ord. 705, 2012; Ord. 471 § 12, 2002]
12.20.130 Revocation of permit.
The town council or mayor may revoke any permit issued hereunder upon the failure of the permittee to comply with the terms and conditions of said permit or if the special events activity, because of the manner in which it is being conducted, or for any other reason, is jeopardizing those elements of public safety or welfare set forth in CMC 12.20.060. The town council or mayor may also revoke any permit issued hereunder when said application was found to be submitted and/or approved under false pretenses. [Ord. 705, 2012; Ord. 471 § 13, 2002]
12.20.140 Public conduct during a special events activity.
(1) It is unlawful for any person to unreasonably obstruct, impede or interfere with any special events activity or with any person, vehicle or animal participating in such special events activity for which a permit has been granted in accordance with the provisions of this chapter.
(2) The town council or their designee shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street, highway, roadway or alleyway or part thereof constituting part of the route of the special events activity. [Ord. 471 § 14, 2002]
12.20.150 Violation – Penalty.
Any person found in violation of this chapter may be punished by a fine not to exceed $1,000. In addition, each and every day during which any violation of any provision of this chapter is committed, continued or permitted by any person or organization constitutes a separate offense. [Ord. 705, 2012; Ord. 471 § 15, 2002]