Chapter 9.20
Special Events
Sections:
9.20.080 Exemptions from permit fee.
9.20.120 Denial of application.
9.20.150 Revocation or suspension.
9.20.010 Purpose and policy.
Special events are large-scale public events of infrequent occurrence and temporary nature and may be associated with promotions, holidays, festivals, etc. Because special events typically require extraordinary levels of City services a party planning a special event shall apply for and be issued a special events permit, granted by the Police Chief or designee, prior to holding the special event. (Ord. 16-1013 § 1 (Exh. A)).
9.20.020 Intent.
It is the specific intent to place the obligation of complying with the requirements of this chapter upon the applicant or sponsor, and nothing contained in this chapter is intended to be construed to create or form the basis for liability on the part of the City, or its officers, employees or agents for any injury or damage resulting from the failure of the applicant or sponsor to comply with the provisions stated herein. (Ord. 16-1013 § 1 (Exh. A)).
9.20.030 Definitions.
For the purpose of this chapter, words and phrases used herein are as follows:
(a) “Applicant” shall mean any person or organization who seeks a special event permit to conduct or sponsor an event governed by this chapter.
(b) “Athletic event” shall mean an occasion in which a group of persons collect to engage in or watch a sport or form of exercise on private or public property and/or on a City street, sidewalk, alley, or other street right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls. Athletic events include, but are not limited to, bicycle and foot races, runs, walks, etc.
(c) “Block party” shall mean a festive gathering on private property that requires the closure of a street or any other public right-of-way, or a portion thereof, to vehicular or pedestrian traffic, and/or use of the street or public right-of-way for the festivity including barbecues, picnics, music or games.
(d) “Parade” shall mean a march or procession consisting of any number of persons, animals, or vehicles, or a combination thereof, on any City street, sidewalk, alley, or other right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls.
(e) “Permit application fee” shall mean the fee to be paid by the special event permit applicant at the time the application is filed with the Police Department. Such fee shall be set by the City Council.
(f) “Permittee” shall mean any person or organization who has been issued a special event permit by the City Administrator or appointed designee. The permittee shall have authority, subject to approval by the City, to determine participation in commercial activities during a special event.
(g) “Refundable deposit” shall mean the amount of money required of a permittee by the Public Works Department in order to assure adequate cleanup of the special event site. The deposit shall be returned to the permittee upon the completion of the event and approval of the Public Works Department.
(h) “Special event” shall mean:
(1) Any event or gathering at or in any way utilizing a park, public place, City property, or public right-of-way, which meets any of the following criteria:
(A) The event anticipates or can be reasonably expected to have a substantial impact on such park, public place, City property, or public right-of-way or the surrounding neighborhood; or
(B) The event is reasonably expected to require substantial public services; or
(C) The event will require temporary closure, or exclusive use, of a park, public place, City property, or public right-of-way; or
(2) Any event at or in any way utilizing a park, public place, City property, or public right-of-way where the event organizer requests the City to provide public services or the Chief of Police or the City Administrator or their designee determines public services, additional to those which would normally be provided by the City in the absence of the event, will be needed to ensure the health, welfare or safety of the community during the event; or
(3) Any event at or in any way utilizing a park, public place, City property, or public right-of-way that will have alcohol service to the general public and/or event participants; or
(4) Any event on private property that meets all of the following criteria:
(A) The event anticipates or is reasonably expected to have more than 200 people in attendance at any one time; and
(B) The event is reasonably expected to have a substantial impact on a park, public place, City property, or public right-of-way or the surrounding neighborhood; and
(C) The event is reasonably expected to require substantial public services.
(5) The following events, as defined in this chapter, are also special events for the purposes of this chapter even if they do not meet any of the above definitions or criteria of a “special event”: “athletic event,” “block party,” and “parade.”
(i) “Special events permit” shall mean the permit issued by the Police Chief or appointed designee after the applicant has met all applicable reviews and requirements set forth in this chapter. (Ord. 16-1013 § 1 (Exh. A); Ord. 17-1016 § 1 (Exh. A)).
9.20.040 Exemptions.
The provisions of this chapter shall not apply to:
(a) Funeral processions;
(b) Groups required by law to be so assembled;
(c) Pedestrian processions of less than 50 individuals along a route that is restricted to sidewalks and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls; and
(d) Activities and events deemed by the City Administrator or appointed designee to not require a special events permit. (Ord. 16-1013 § 1 (Exh. A)).
9.20.050 Administration.
The Police Chief or designee shall, after consultation with the Mayor, the City Administrator and all appropriate departments and agencies, have discretionary authority regarding special event permits. The Police Chief or designee may approve, modify, or condition an application for a special events permit. (Ord. 16-1013 § 1 (Exh. A)).
9.20.060 Permit required.
Any person desiring to conduct or sponsor a special event shall first obtain a special events permit. (Ord. 16-1013 § 1 (Exh. A)).
9.20.070 Permit fee.
The fee for issuance of a special events permit shall be set by resolution of the City Council. The special events permit fee is separate from and does not include any additional costs for City services required for the special event or other conditions required by permit or law. (Ord. 16-1013 § 1 (Exh. A)).
9.20.080 Exemptions from permit fee.
(a) No fee shall apply to special events held for a specific and defined political or religious activity or purpose.
(b) No fee shall apply to a block party as defined in this chapter.
(c) Fees may be waived at the discretion of the City Administrator or designee for special events sponsored by nonprofit agencies and which further the goals and objectives of the City. (Ord. 16-1013 § 1 (Exh. A)).
9.20.090 Permit application.
(a) Any person wishing to sponsor a special event shall apply for a special event permit by filing an application with the Police Department, on a City approved application form, at least 60 days prior to the date on which the event is to begin to occur.
(b) The Police Chief or designee shall issue the special events permit once the application has been approved and after review by appropriate officials and agencies to include the Mayor, City Administrator, Police, Fire, Public Works, Planning, Parks and Recreation and any others as determined by the Police Chief or designee, and the applicant has agreed in writing to comply with the terms and conditions of the permit.
(c) The Police Chief or designee shall approve, conditionally approve, or deny an application based on the recommendations of City departments involved in the review process. (Ord. 16-1013 § 1 (Exh. A)).
9.20.100 Permit requirements.
(a) Temporary signage and temporary structures will be allowed subject to provisions of this code pursuant to the interpretive authority and discretion of the Police Chief.
(b) Requests for or conditions requiring temporary parking facilities for special events and street closures for special events shall be subject to provisions of this code pursuant to the interpretive authority and discretion of the Police Chief.
(c) Requests for or conditions requiring fire and emergency medical services shall be subject to requirements and interpretive authority and discretion of the Fire Chief.
(d) Requests for or conditions requiring police services and public safety needs shall be subject to provisions of this code pursuant to the interpretive authority and discretion of the Police Chief.
(e) A special event permit that is conditionally approved will only be valid so long as all conditions required by the City are either met or demonstrably addressed prior to the event to the satisfaction of the Police Chief or designee.
(f) Expenses for fire, police, medical services, parks, and public works crews needed for coverage and cleanup at the special event shall be prepaid and the responsibility of the permittee, even if the permit fee has been waived.
(g) All vendors operating a revenue generating business as part of a special event shall obtain and display a 24-hour special event activities business license pursuant to DMC 5.04.030(d). (Ord. 16-1013 § 1 (Exh. A)).
9.20.110 Permit conditions.
The Police Chief or designee may, at their discretion, condition the issuance of a special events permit by imposing reasonable requirements concerning time, place, and manner of the event; and such requirements as are necessary to protect the safety, health, and welfare of the citizenry, and property, and control of traffic. Conditions of special event permit issuance may include, but are not limited to: a requirement to provide a specified number of off-duty police officers; a requirement to provide a specified number of qualified emergency medical personnel; or a requirement to provide a specified number of personnel to clean or repair public property after a special event. (Ord. 16-1013 § 1 (Exh. A)).
9.20.120 Denial of application.
A special event permit may be denied based upon a determination that:
(a) The event would seriously endanger public safety;
(b) The event would seriously inconvenience the general public;
(c) The event would unreasonably infringe upon the rights of abutting property owners or occupants;
(d) The event would conflict with another proximate event or interfere with construction or maintenance work in the immediate vicinity;
(e) There are insufficient safety personnel or other necessary City staff to accommodate the event;
(f) The applicant failed to complete the application form after being notified of the additional information, conditions or documents required;
(g) Information contained in the application of supplemental information requested from the applicant is found to be false in any material detail;
(h) The applicant cannot meet, or is unwilling to meet, all of the requirements of this chapter or any special conditions imposed by the City;
(i) Other issues where denial of the permit is in the public interest, as identified by the Police Chief or designee. (Ord. 16-1013 § 1 (Exh. A)).
9.20.130 Indemnification.
(a) Prior to the issuance of the special event permit, the applicant must agree to reimburse the City for any costs incurred by the City in repairing damage to City property occurring in connection with the permitted event.
(b) Permittee agrees to defend, indemnify and hold harmless the City, its appointed and elected officers and employees from and against all loss or expense, including but not limited to judgments, settlements, attorney’s fees and costs by reason of any and all claims and demands upon the City, its elected officials or employees for damages because of personal or bodily injury, including death at any time therefrom, sustained by any person or persons and on account of damage to property or loss therefrom, arising out of any activity under or in connection with the special event, except only such injury as shall have been occasioned by the sole negligence of the City, its appointed or elected officers or employees.
(c) The Police Chief or designee has the authority to require a refundable deposit as suggested by the Public Works Department for reimbursement of the costs for cleanup services. (Ord. 16-1013 § 1 (Exh. A)).
9.20.140 Insurance required.
(a) The permittee shall provide the City with proof of commercial general liability insurance generally in the minimum amount of $1,000,000 combined single limits per occurrence, and an endorsement naming the City of DuPont as an additional insured must be provided.
(b) Certificates of insurance shall be submitted to the City for approval 14 working days prior to the event. Acceptability of insurance is subject to approval by the City. (Ord. 16-1013 § 1 (Exh. A)).
9.20.150 Revocation or suspension.
(a) A special event permit issued under this chapter shall be temporary, shall vest no permanent rights in the applicant, and may be immediately revoked or suspended by the City Administrator or designee if:
(1) The applicant has made a misstatement of material fact in the information supplied; the applicant has failed to fulfill a term or condition of the permit in a timely manner; or the check submitted by the applicant in payment of the fee for a permit has been dishonored;
(2) The applicant requests the cancellation of the permit or cancels the event;
(3) The activity endangers or threatens persons or property, or otherwise jeopardizes the health, safety or welfare of persons or property;
(4) The activity conducted is in violation of any of the terms or conditions of the special events permit or any portion of the DuPont Municipal Code;
(5) An emergency or supervening occurrence requires the cancellation or termination of the event in order to protect the public health or safety.
(b) The City shall refund the permit fee in the event of a revocation caused by an emergency or supervening occurrence; the City shall refund the balance of the fee less the costs incurred if the cancellation occurs at the request of an applicant who is in compliance with this chapter. (Ord. 16-1013 § 1 (Exh. A)).
9.20.160 Severability.
If any part, provision or section of this chapter is held to be void or unconstitutional, all other parts not expressly so held shall continue in full force and effect. (Ord. 16-1013 § 1 (Exh. A)).
9.20.170 Appeal.
A party whose application for a special event permit was denied may appeal that denial under the same procedures and pursuant to DMC 1.17.100. A party seeking to appeal denial of a special event permit must file a request for appeal with the City Clerk’s Office within 10 calendar days of receiving the denial of permit as set out in DMC 1.17.100. (Ord. 16-1013 § 1 (Exh. A)).