Chapter 12.48 — SPECIAL EVENTS ON TOWN STREETS, SIDEWALKS AND OTHER TOWN PROPERTY

This chapter shall be known as the "special events on town property ordinance."

(Ord. 822 § 1 (part), 1997)

This chapter establishes the standards for the issuance of a special event permit to conduct parades, athletic events, and other special events on town property. This chapter does not apply to special events conducted in town parks and town park buildings. Such events are regulated by parks and recreation department regulations and guidelines.

(Ord. 822 § 1 (part), 1997)

As used in this chapter, the following terms and phrases shall have the indicated meanings:

(1)

"Applicant" means any person or organization applying for a special event permit from the special event coordinator to conduct or sponsor an event governed by this chapter. An applicant must be eighteen years of age or older.

(2)

"Athletic event" means an occasion in which a group of persons collectively engage in a sport, or form of physical exercise conducted on a public street, sidewalk, right-of-way or other town land which obstructs, delays, or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls. Athletic events include bicycle and foot races.

(3)

"Block party" means a festive gathering on a residential street requiring a closure of the street, or a portion thereof, to vehicular traffic and use of the street for the festivity.

(4)

"Chief of police" means the chief of police of the police department or his authorized deputy.

(5)

"Event" means a parade, athletic event or other special event.

(6)

"Other special event" means street fair, art show, craft show, carnival, block party, and other special event conducted on a public street, sidewalk, right-of-way or other town-owned land whose conduct either (1) obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic or (2) involves the organized use of town-owned land by twenty or more persons.

(7)

"Parade" shall mean a march or procession consisting of persons, animals or vehicles, or combination thereof, conducted on a public street, sidewalk, right-of-way or other town-owned land which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls.

(8)

"Permittee" shall mean any person or organization issued a special event permit by the special event coordinator.

(9)

"Police department" shall mean the Twin Cities police authority or such successor agency charged with the function of providing police services to the town.

(10)

"Public street" has the same meaning as defined in Section 12.04.010(6) of the code.

(11)

"Sidewalk" means a right-of-way designed for use by pedestrians.

(12)

"Special event coordinator" shall mean such public official designated by the town manager to issue special event permits within the town.

(13)

"Right-of-way" has the same meaning as defined in Section 12.04.010(8) of this code.

(14)

"Traffic control fees" means fees charged by the police department to compensate for its actual costs, including overhead, of providing police officers to provide traffic control at the event. Traffic control includes the clearing of an event route or site of unauthorized vehicles, diversion of traffic around the event, and direction of pedestrian and vehicular traffic along the event route.

(Ord. 822 § 1 (part), 1997)

(a)

Any person or organization desiring to conduct or sponsor an event as defined in this chapter in the town shall first obtain a special event permit from the special event coordinator. The applicant, its officers, employees, or agents or persons who are under the applicant's control may use the location described in the permit only for the special event described in such permit.

(b)

Exemptions. A special event permit is not required for the following:

(1)

An event that occurs exclusively within a town park and/or building under the jurisdiction of the parks and recreation director;

(2)

Funeral processions;

(3)

A parade likely to involve a total of thirty or fewer pedestrians marching along a parade route which is restricted to marching on sidewalks, and crossing streets only at pedestrian crosswalks in accordance with

traffic regulations and controls. Pedestrians participating in the parade shall cross crosswalks in units of ten or less, and shall allow vehicles to pass between each unit;

(4)

Block parties.

(Ord. 822 § 1 (part), 1997)

(a)

Any person desiring to conduct or sponsor a parade, athletic event, or other special event not exempted by Section 12.48.040(b) shall apply for a special event permit by completing a verified application on a form provided by the special event coordinator not less than thirty days nor more than ninety days before the event date.

(b)

The special event coordinator shall consider an application which is filed after the filing deadline if there is sufficient time to process and investigate the application, and obtain police services for the event.

(c)

A special event application processing fee may be established by town council resolution in an amount based on the estimated cost of processing and investigating special event applications.

(d)

The applicant shall pay the applicant's processing fee upon submission of the application.

(Ord. 822 § 1 (part), 1997)

The application for a special event permit shall provide the following information:

(1)

All events:

(A)

The name, address and telephone number of the applicant and person who will be present and in charge on the day of the event;

(B)

If the event will be sponsored by an organization(s), the name, address and telephone number of the organization(s) and authorized officer head(s) of each organization, and written authorization to apply for the

special event permit by an officer of the organization;

(C)

The nature/purpose of the event;

(D)

Date and time (starting and ending) and location of the event including its boundaries;

(E)

Estimated number of participants in the event;

(F)

The type and number of vehicles, animals, and structures which will be used at the event;

(G)

Description of any sound amplification equipment, including the "noise level" of the equipment as defined in Section 9.36.020(3) of this code;

(H)

Whether any food or beverages will be sold at the event;

(I)

Whether monitors will be employed at the event;

(J)

Whether the event will require a street closure.

(2)

Additional information required for parades, races, and other events occurring along a route:

(A)

The assembly point of the event, route, and point of disbanding with a map of the route;

(B)

The intervals of space to be maintained between units if a parade;

(C)

Whether the event will occupy all or only a portion of the streets proposed to be traversed;

(D)

Maximum length of components of parade;

(E)

The number, type, size and material of any floats or banners.

(3)

Supplemental Information. Such supplemental information as the special event coordinator shall find necessary to determine whether to approve an application pursuant to the provisions of this chapter.

(Ord. 822 § 1 (part), 1997)

The special event coordinator shall approve, conditionally approve, or deny an application for the grounds specified in Section 12.48.080. Such action shall be taken no later than ten days after receiving a completed application unless time is waived by the applicant. If the application is denied, the special event coordinator shall inform the applicant of the grounds for the denial, or the reasons for a change in the date, time, route, or location of the event, and of his right of appeal pursuant to Section 12.48.160. If there is insufficient time to process, investigate and/or obtain police services for a late application, the special events coordinator shall inform the applicant of the reason for his refusal to process the late application within two business days of receipt thereof.

(Ord. 822 § 1 (part), 1997)

(a)

The special event coordinator shall approve an application for a special event permit unless he determines from consideration of the application, or other pertinent information, that one or more of the following conditions exist:

(1)

Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail;

(2)

The applicant fails to complete his application within three working days of the date he is notified by the special event coordinator that additional information or documents needed for the application to be complete under this chapter. The special event coordinator shall allow additional time for completing the application if sufficient time would remain to process and investigate the application, and obtain police services for the event;

(3)

The special event coordinator has earlier received an application 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 police department is unable to meet the needs for police services for both events;

(4)

The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion unless closure of the involved street has been authorized under Section 12.48.140;

(5)

The concentration of persons, and/or vehicles at the site of the event, or the assembly and disbanding areas around an event, will prevent proper police, fire, or ambulance services to areas contiguous to the event;

(6)

The size or nature of the event will require the assignment of so great a number of police officers to properly police the line of movement of an event, or the boundaries or areas contiguous to an event, as to prevent normal police protection to the rest of the town. 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 event participants with the number of police officers available to police the event;

(7)

The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along town streets, or a previously granted encroachment permit;

(8)

The parade, or other event moving along a route, is not reasonably likely to move from its point of origin to its point of termination in four hours or less;

(9)

The special event would violate federal, state or local laws including licensing or permit requirements.

(b)

When the grounds for denial of an application for a permit specified in subdivisions (a)(3) through (a)(9) of this section, can be corrected by altering the date, time, duration, route, or location of the event, the special event coordinator shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance.

(Ord. 822 § 1 (part), 1997)

The special event coordinator may condition the issuance of a special event permit by imposing reasonable requirements concerning the time, place, and manner of the event, and such requirements as are necessary to protect the safety of persons and property, and the control of traffic; provided, such conditions shall not unnecessarily restrict the right of free speech. Such conditions include:

(1)

Alteration of the route, time, or location of the event proposed on the event application;

(2)

Conditions concerning accommodation of pedestrian or vehicular traffic, use of traffic cones or barricades;

(3)

Requirements for provision of first aid, sanitary or emergency facilities;

(4)

Requirements for use of trained event monitors or a private security service for the event;

(5)

Restrictions on the number and type of vehicles, animals, or structures at the event, and inspection and approval of floats for fire safety by the fire department;

(6)

Requirements for use of garbage containers, cleanup and restoration of town property;

(7)

Restrictions on use of amplified sound;

(8)

Requirements that the applicant obtain any other legally required permit or license for the event;

(9)

Restrictions on sale of alcoholic beverages;

(10)

Requirements concerning posting of the outer boundaries of the special event;

(11)

Requirements for providing notice of special event permit conditions to event participants.

(Ord. 822 § 1 (part), 1997)

(a)

Prior to the issuance of a special event permit, the applicant or the authorized officer of the sponsoring organization shall sign an agreement to reimburse the town and the police department for any costs incurred in repairing damage to the town's and/or department's property occurring in connection with the permitted event and proximately caused by the actions of the permittee or sponsoring organization, its officers, employees, agents or persons who were under the permittee's or sponsoring organization's control insofar as permitted by law.

(b)

Under the circumstances described below, the agreement shall also provide that the permittee or sponsoring organization shall defend, indemnify, and hold harmless the town and the police department and their officers, agents, employees or volunteers from all claims and liability of any kind whatsoever resulting from or in connection with the permitted event.

(1)

The indemnification agreement provided in subsection 12.48.100(b) above, shall be required where:

(A)

The applicant has previously sponsored or been permitted to conduct special or other events on or in public property which resulted in claims being brought against the town;

(B)

The applicant has previously sponsored or been permitted to conduct special or other events on or in public property which resulted in claims being brought against other public entities; and/or

(C)

The applicant has never previously conducted any activities in the town or in any other jurisdiction on or in public property, but there is independent evidence to indicate that the applicant's or those under the applicant's control will expose the town to claims or liability resulting from the activity for which the special events permit is sought.

(Ord. 822 § 1 (part), 1997)

(a)

Insurance requirements for special events may be established by town council resolution. The resolution shall set forth by type of special event, the minimum limits of insurance liability, scope of insurance, and insurance endorsements required for the issuance of a special event permit.

(b)

If insurance is required by resolution, the applicant shall file with the special events coordinator a copy of the insurance policy and all certificates and endorsements required by town council resolution not less than seven business days prior to the event. The deadline may be waived if sufficient time remains to verify the adequacy of insurance coverage. The special event permit shall not be issued to the applicant until a determination is made that the town's insurance requirements have been satisfied.

(Ord. 822 § 1 (part), 1997)

(a)

A schedule of cleanup deposits may be established by town council resolution for the following types of events:

(1)

Athletic events;

(2)

Events involving the sale of food, beverages or merchandise;

(3)

Events involving the erection of structures;

(4)

Events involving the parade or exhibition of animals.

(b)

The deposit shall be paid prior to the issuance of the permit and shall be returned to the permittee after the event if the area used for the permitted event and all town property therein has been cleaned and restored to the same condition as existed prior to permittee's activities.

(c)

If prior to the issuance of a special event permit the applicant agrees in writing to undertake the cleaning of litter caused by spectators to the event and verifies with independent evidence submitted to the special events coordinator that the applicant has the financial resources, personnel, experience and background sufficient such that it can perform the required clean up work within twenty-four hours after the conclusion of the special event, no clean up deposit shall be required for the cost of clean up of litter caused by spectators.

(d)

If the area used for the event has not been properly cleaned or restored, the permittee shall be billed for the town's actual costs for cleanup and restoration, and the deposit applied to the bill. The permittee shall be

billed for any outstanding costs, and must pay the bill within thirty calendar days of the invoice date. If the permittee disputes the amount set forth in the town's invoice, he may appeal in the manner specified in Section 12.48.160 within thirty calendar days of the invoice date.

(Ord. 822 § 1 (part), 1997)

The chief of police may assign overtime officers to provide traffic control at the event. The applicant shall be required to pay the estimated traffic control fees prior to issuance of the special event permit. After the event has occurred, the chief of police shall render an accounting of the actual costs incurred in providing traffic control for the permitted activity. In the event the actual costs exceed the estimated costs, an invoice shall be delivered to the permittee who/which shall pay the invoice within thirty days after its receipt. If the actual costs are less than the estimated costs, the town shall refund the excess to the permittee.

(Ord. 822 § 1 (part), 1997)

(a)

Notwithstanding the provisions of Section 12.20.030 of this code, the applicant may request the closure of a public street in the applicant's permit application. The street closure shall be permitted if in the opinion of the chief of police the closure is necessary for the safety and protection of persons who will be using the public street. The street closure shall not be permitted if in the opinion of the chief of police the closure is not necessary for the safety and protection of persons who will be using the public street. At least three calendar days before closure of any public street, the applicant shall be required to notify in writing the police of the streets to be closed and the date and time of such closure. At the same time, the applicant shall also be required to provide such notice to the owners or tenants of dwellings and other buildings along the affected streets. Proof of the applicant's compliance with the police notice requirements of this section shall be submitted to the town prior to the date of the street closure. Proof of the applicant's compliance with the owner/tenant notice requirements, together with a list of notified addresses shall be submitted to the police prior to the date of the street closure.

(b)

A street closure fee shall be paid prior to the issuance of the permit.

(c)

The amount of the street closure fee(s) shall be established by town council resolution.

(Ord. 822 § 1 (part), 1997)

(a)

The permit applicant shall have the right to appeal: (1) the denial of a permit; (2) a permit condition, (3) a fee, insurance or deposit requirement made pursuant to his chapter; and/or (4) the special event coordinator's decision not to waive a deadline set forth in this chapter. Such appeal shall be filed (with an appeal fee set by council resolution) with the town clerk not later than ten calendar days after the date written or oral notification of the decision is made stating with specificity the grounds for appeal. Appeals of bills submitted by the town for use of equipment or employee services shall be filed within thirty days of the invoice date. The appeal shall be heard by the town council at its next available regular meeting. The decision of the town council shall be final.

(b)

If there is not sufficient time for a timely appeal to be heard by the town council prior to the scheduled date for the event, the applicant may at his option, request that the town clerk schedule the appeal before the town manager. The town manager shall hold a hearing not later than two business days after the filing of the appeal, and shall render his decision no later than one business day after hearing the appeal. If the appeal is heard before the town manager, his decision shall be final.

(Ord. 822 § 1 (part), 1997)

(a)

It is unlawful for any person or organization to conduct or sponsor an event, as defined in this chapter, unless a special event permit as required under this chapter has been issued for the event.

(b)

It is unlawful for any person to participate in any event with the knowledge that the sponsor of the event has not been issued the required permit.

(c)

It is unlawful for the permittee to wilfully violate the terms and conditions of the permit, or for any event participant, with knowledge thereof, to wilfully violate the terms and conditions of the permit.

(Ord. 822 § 1 (part), 1997)

The violation of any provision of this chapter is an infraction. Penalties for an infraction shall be as set forth in Government Code Section 36900(b).

(Ord. 822 § 1 (part), 1997)