Sanger Municipal Code § 6-102 Definitions

Footnotes:

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Cross reference— Traffic and vehicles, ch. 70.

This article establishes the standards for the issuance of a permit for parades, athletic events and other special events in the city.

(Code 1960, § 12.40(b))

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means the person or organization which conducts or sponsors a special event governed by this article. An applicant must be 18 years of age or older.

Athletic event means an occasion in which a group of persons collectively engage in an organized and formally scheduled sport or other form of physical exercise 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 and controls. Athletic events include bicycle and foot races which are conducted in a street.

Block party means a festive gathering on a street or an area abutting a street which requires the closure of a street, or a portion thereof to vehicular traffic.

Chief of police means the chief of police of the city or his authorized deputy.

Other special event means a street fair, arts and craft show, carnival, fiesta, block party, soap box derby, concert, rally or other event which occurs on or uses a city street, sidewalk, alley or other street right-of-way and which:

(1) Is likely to obstruct, delay, or interfere with the normal flow of pedestrian or vehicular traffic; or

(2) Whose participants are likely not to comply with traffic laws and controls.

Parade means a march or procession consisting of persons, animals or vehicles, or a combination thereof, on a city street, sidewalk, alley, or other street right-of-way, which is likely to obstruct, delay, or interfere with the normal flow of pedestrian or vehicular traffic, or whose participants are likely not to comply with traffic laws and controls.

Permit application fee means the fee to be paid at the time the special event permit application is filed with the chief of police, pursuant to the schedule established by resolution of the city council.

Permittee means the person or organization issued a special event permit by the chief of police.

Right-of-way means a city street, road, alley and sidewalk.

Special event means a parade, block party, athletic event or other special event.

(Code 1960, § 12.42)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a) It shall be unlawful for any person to sponsor or conduct a special event unless a special event permit, as may be required under this article, has been issued for the event.

(b) It shall be unlawful for any person to participate in a special event with the knowledge that the sponsor of the event has not been issued the required special event permit.

(c) It shall be unlawful for the permittee or special event sponsor to willfully violate the terms and conditions of the permit, or for any special event participant, with knowledge thereof, to willfully violate the terms and conditions of the permit.

(d) It shall be unlawful to interfere with or disrupt a special event.

(Code 1960, § 12.41)

(a) Generally. Any person intending to conduct or sponsor a special event in the city shall first obtain a special event permit from the chief of police.

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

(1) An event which occurs exclusively within a city park or on city property under the jurisdiction of the department of recreation. Such events are regulated by chapter 42 of this Code.

(2) Funeral processions.

(3) A parade reasonably likely to involve a total of 40 or fewer pedestrians, as determined by the chief of police, and as to which the sponsor has agreed to the following restrictions:

a. The participants will march only on sidewalks; and

b. The participants will cross streets only at pedestrian crosswalks in accordance with traffic regulations and controls, in units of 15 or less, allowing vehicles to pass between each unit.

(4) City-sponsored events.

(Code 1960, § 12.43)

(a) Application. A person desiring to sponsor a special event not exempted by section 6-104(b) shall apply for a special event permit by filing a verified application with the chief of police on a form supplied by the chief of police. Applications shall be submitted not less than 30 days nor more than 12 months before the event date.

(b) Late application. Upon a showing of good cause, the chief of police 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) Free speech event application. An application for a permit to conduct an event related to expression protected by the First Amendment to the United States Constitution which is submitted less than 30 days before the proposed event date shall be accepted upon a showing of good cause. Good cause shall be deemed demonstrated if the applicant shows that:

(1) The circumstance which gave rise to the permit application did not reasonably allow the participants to file an application within the time prescribed by this article; and

(2) The event is for the purpose of expression protected by the First Amendment.

(d) Application fee. An application for a permit to conduct a special event which is not related to First Amendment expression shall be accompanied by a nonrefundable permit application fee in an amount established by resolution of the city council.

(Code 1960, § 12.44)

(a) All events.

(1) The name, address and telephone number of the applicant and an alternative person who may be contacted if the applicant is unavailable.

(2) If the event is proposed to be sponsored by an organization, the name, address and telephone number of the organization and the authorized head of the organization. If requested by the chief of police, written authorization to apply for the special event permit by an officer of the organization may also be required.

(3) The name, address and telephone number of the person who will be present and in charge of the special event on the day of the event.

(4) The nature or purpose of the special event.

(5) The date and estimated starting and ending time of the special event.

(6) The location of the special event, including its boundaries.

(7) The estimated number of participants in the special event.

(8) The type and estimated number of vehicles, animals or structures which will be used at the special event and information as to whether there will be sponsor-provided water, aid or emergency aid stations at the event.

(9) A description of any sound amplification equipment which will be used at the special event.

(10) Whether any food or beverages, including alcoholic beverages, will be sold or served at the special event.

(11) Whether monitors will be employed at the special event.

(12) Anticipated parking needed for the special event participants.

(b) Additional information required for certain events occurring along planned route.

(1) The assembly point for the special event and the time at which units of the parade or other special event will begin to assemble.

(2) The proposed route to be traveled.

(3) Whether the parade or other special event will occupy all or only a portion of the streets proposed to be traversed.

(4) The intervals of space to be maintained between units of the parade or other special event.

(5) The number, types and size of floats, if any.

(6) Material and maximum size of any signs or banners to be carried along the route.

(c) Supplemental information. Any supplemental information for a non-First Amendment special event application which the chief of police shall find reasonably necessary, under the particular circumstances of the special event application, to determine whether to approve or conditionally approve a special event permit application pursuant to the provisions of this article.

(Code 1960, § 12.45)

(a) The chief of police shall approve, conditionally approve, or deny an application for a special event permit under this article on the grounds specified in section 6-108. Such action shall be taken no later than seven days after the chief receives a completed application unless the applicant agrees to extend the time for making the decision. If the application is denied or approved on conditions other than those accepted by the applicant, the notice of decision shall state the grounds for denial or the permit conditions and the reason for imposing such conditions, and it shall inform the applicant of his right of appeal.

(b) If the chief of police determines that good cause to consider a late application does not exist under section 6-105, within 48 hours of receipt of the late application, the chief of police shall inform the applicant of the reason for his determination regarding lack of good cause and of the applicant's right of appeal.

(Code 1960, § 12.46)

(a) Considerations. The chief of police shall deny an application for a special event permit only if he determines from a consideration of the application and other pertinent information that one or more of the following exists:

(1) Information contained in the application or supplemental information requested from the applicant is found to be materially false or misleading.

(2) The applicant failed to complete the application form after having been notified to provide additional information or documents.

(3) The sole purpose of the special event is to advertise a product, good, ware, merchandise or event, and is being held solely for private profit and not for the purpose of expression protected by the First Amendment.

(4) The chief of police has earlier received an application to hold another special 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.

(5) The time, route, or size of the special event is reasonably likely to 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 traffic congestion.

(6) The concentration of persons, animals and/or vehicles at the site of the special event, or the assembly and disbanding areas around the event, is reasonably likely to prevent proper police, fire or ambulance services to areas contiguous to the event.

(7) The size of the special event is reasonably likely to 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 in this subsection 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.

(8) The parade or other special 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 location of the special event is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place upon or along city streets, or a previously granted encroachment permit.

(10) The special event is reasonably likely to occur at a time when a school is in session, at a route or location adjacent to the school, and the noise created by the activities of the event would substantially disrupt the educational activities of the school.

(b) Conditional approvals. When the grounds for denial of an application for a permit specified in subsections (a)(4) through (a)(10) of this section can be corrected by altering the date, time, duration, route, or location of the event, the chief of police, instead of denying the application, shall conditionally approve the application pursuant to section 6-109. The conditions imposed shall provide for only such modification of the applicant's proposed event as are necessary to achieve compliance with subsections (a)(4) through (a)(10) of this section.

(Code 1960, § 12.47)

The chief of police 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 to provide for adequate control of traffic; provided such conditions shall not unreasonably restrict the right of free speech. Such conditions may include, but need not be limited to the following:

(1) Alteration of the date, time, route or location of the special event proposed on the event application.

(2) Conditions concerning the area of assembly and disbanding of parade or other special events occurring along a route.

(3) Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the special event to only a portion of a street.

(4) Requirements for the use of traffic cones or barricades.

(5) Requirements for provision of first aid, sanitary or emergency facilities.

(6) Requirements for use of monitors and some method for providing notice of permit conditions to event participants.

(7) Restrictions on the number and type of vehicles, animals, or structures at the special event, and inspection and approval of floats, structures, and decorated vehicles for fire safety by the city fire department.

(8) Compliance with animal protection ordinances and laws.

(9) Requirements for use of garbage containers, cleanup and restoration of city property.

(10) Restrictions on use of amplified sound.

(11) An application for a special event permit to conduct a block party may be conditioned on notice and approval by 50 percent of the owners or occupants of dwellings or businesses on the affected street.

(12) Compliance with any relevant ordinance or law in obtaining any legally required permit or license.

(13) Restrictions on the sale or use of alcoholic beverages.

(Code 1960, § 12.48)

The chief of police shall issue the special event permit once the application has been approved, the applicant has agreed in writing to comply with the terms and conditions of the permit, and all of the requirements of this article have been satisfied.

(Code 1960, § 12.49)

(a) City council. The applicant shall have the right to appeal:

(1) Denial of a permit;

(2) Permit conditions;

(3) A determination that good cause to consider a late or First Amendment application does not exist; and

(4) A determination that the applicant's insurance policy does not comply with the requirements specified in section 6-113. A notice of appeal stating the grounds of appeal with specificity shall be filed with the city clerk within ten days after mailing or personal delivery of a notice of the action to be appealed. The city council shall conduct a hearing on the appeal at its next regularly scheduled meeting unless such meeting is less than 75 hours after the notice of appeal was filed, in which case the appeal shall be considered at the next following meetings of the city council. The decision of the city council shall be final.

(b) City manager. If there is insufficient time for an appeal to be heard by the city council prior to the date on which the special event is scheduled, the applicant may, at his option, request the city clerk to schedule the appeal before the city manager. The city manager or his designee shall hold a hearing on the appeal no later than two business days after the filing of the notice of appeal, and shall render his decision no later than one business day after the hearing. The city manager's decision shall be final.

(Code 1960, § 12.50)

Prior to the issuance of a special event permit, the applicant or the authorized officer of the sponsoring organization must sign an agreement to reimburse the city for any costs incurred by it in repairing damage to city property occurring in connection with the permitted event and proximately caused by the actions of the permittee or sponsoring organization, its officers, employees, or agents, or any person who was under the permittee's or sponsoring organization's control insofar as permitted by law. The agreement shall also provide that the permittee or sponsoring organization shall defend, indemnify and hold the city harmless from and against any liability to any persons resulting from any damage or injury occurring in connection with the permitted special event proximately caused by the actions of the permittee or sponsoring organization, its officers, employees or agents, or any person who was under the permittee's or sponsoring organization's control insofar as permitted by law.

(Code 1960, § 12.51)

(a) Liability insurance.

(1) The applicant or sponsor of an event must possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury, death or property damage arising from the event.

a. Such insurance shall name on the policy or by endorsement as additional insureds the city, its officers, employees, and agents.

b. Insurance coverage must be maintained for the duration of the event.

c. Coverage shall include, but is not limited to, a comprehensive general liability insurance policy with minimum limits of $1,000,000.00 single-limits and $3,000,000.00 aggregate limits.

(2) If food or nonalcoholic beverages are sold or served at the event, the policy must also include an endorsement for products liability in an amount not less than $500,000.00. If alcoholic beverages are sold or served at the event, the policy must also include an endorsement for liquor liability in an amount not less than $1,000,000.00. At any time when the insurance coverage required under this section may be purchased by a permit applicant through a city-held insurance policy or risk management authority, such coverage shall be made available to all permit applicants at the rates stated in the policy premium schedule.

(b) Certificates of insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the director of finance of city no less than five days before the date of the special event unless the finance director, for good cause, waives the filing deadline. The special event permit shall not be issued by the chief of police until after the insurance policy or certificate of insurance, together with necessary endorsements, have been filed by the applicant or sponsor and approved by the city's finance director.

(c) Waiver of insurance requirements. The insurance requirements of subsection (a) of this section shall be waived by the director of administrative services for nonathletic events if either of the following conditions are satisfied:

(1) The applicant or an officer of the sponsoring organization signs a verified statement that he believes the event's purpose is First Amendment expression, and that he has determined that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression or that it has been impossible to obtain insurance coverage. The statement shall include the name and address of at least one insurance agent or other source for insurance coverage contacted to determine insurance premium rates for insurance coverage.

(2) Where the applicant maintains that the required insurance is not readily available or that the cost of the insurance makes it prohibitive, the city, at its discretion, may require the applicant or sponsor to apply for insurance coverage for the special event under a policy selected or maintained by the city. The applicant or sponsor must provide any information pertinent to qualifying for the insurance coverage.

(Code 1960, § 12.52)

(a) Required. The applicant or sponsor of a special event involving the sale of food or beverages, erection of structures, participation of horses or other large animals, or use of water aid stations shall be required to provide a cleanup deposit prior to the issuance of a special event permit. The cleanup deposit shall be in the amount established in a cleanup fee schedule for special events adopted by resolution of the city council.

(b) Refund. The cleanup deposit shall be returned after the special event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event. If the actual cost for cleanup is less than the estimated cost, the applicant will be refunded the difference. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the city upon the applicant's receipt of the bill.

(c) Appeals. If the applicant or sponsor disputes the cleanup charge, he may appeal to the director of public works within five days after receipt of the bill. The decision of the director of public works shall be final.

(Code 1960, § 12.53)